Contingency Fee Basis

Most Social Security Disability attorneys work on a contingency fee basis, which means they only get paid if you win your case. This structure makes it easier for individuals to afford legal representation, as you don’t have to pay upfront. Here’s how it works:

• The attorney’s fee is a percentage of your back pay (the retroactive payments you receive if your claim is approved).
• This fee is capped by law, meaning the attorney cannot charge you more than a certain percentage, regardless of how much back pay you receive.
• If your case is not successful, you do not owe any attorney fees, which reduces the financial risk for you.

The Percentage Fee

The typical contingency fee for a Social Security Disability attorney is 25% of the back pay you receive from the Social Security Administration (SSA), up to a cap of $6,000 (as of current SSA regulations). This means:

• If your case results in a back pay award of $10,000, the attorney could charge a fee of $2,500 (25% of $10,000).
• If your back pay award exceeds $24,000, the fee would be capped at $6,000.
• If your back pay is less than $6,000, the fee would be lower than the cap, based on the 25% rule.

This fee structure ensures that attorneys are motivated to win your case, as they only receive payment when your claim is successful.

The Role of the Fee Agreement

Before hiring an attorney, you will typically sign a fee agreement that outlines the exact terms of how the attorney will be compensated. The agreement should include:

• The percentage fee you will be charged (typically 25%).
• Any additional costs or expenses that may be incurred, such as fees for medical records, expert witnesses, or filing fees.
• An explanation of the maximum fee allowed by law (usually $6,000).

Make sure to carefully review the fee agreement to ensure you understand the terms before moving forward.

Additional Costs and Expenses

While most attorneys charge a contingency fee, there may be additional costs associated with your case. These expenses are typically not included in the contingency fee and may be billed separately. Common additional costs include:

• Medical records: The cost of obtaining your medical records or reports from specialists.
• Expert witnesses: Fees for medical or vocational experts who may testify on your behalf at a hearing.
• Filing fees: Costs associated with filing your claim or appeal.
• Postage and copies: Costs for mailing or copying documents.

In most cases, the attorney will advance these costs and deduct them from your back pay once the case is won.

No Win, No Fee

One of the main advantages of hiring a Social Security Disability attorney is the no-win, no-fee arrangement. This means:

• If your claim is denied or unsuccessful, you don’t owe the attorney anything.
• You only pay the attorney if you win your case, and the fee is taken out of the back pay the SSA awards you.

This makes legal representation more accessible, especially for those who may not have the financial means to pay an attorney upfront.

Fees for Other Legal Services

If your case involves additional legal services beyond the initial application and appeal, such as filing a lawsuit or pursuing other legal action, there may be additional fees. However, for most SSD cases, attorneys work on a contingency basis, so these services will still follow the same general fee structure.