Contingency Fee Basis

Social Security Disability attorneys typically charge on a contingency fee basis, meaning that they are only paid if you win your case. This system ensures that you don't have to pay upfront fees or out-of-pocket expenses to hire an attorney. The fee is contingent upon the outcome of your case, which can provide peace of mind to applicants who are struggling financially.

Social Security Administration’s (SSA) Maximum Fee

The Social Security Administration (SSA) has established strict guidelines on how much attorneys can charge for representing clients in SSD or SSI cases. As of 2025, the maximum fee an attorney can charge is:

• 25% of the back pay awarded to you, or
• A maximum of $7,200 (whichever is less).

This means that if your back pay is $30,000, your attorney can charge up to $7,500. However, since the SSA caps attorney fees at $7,200, the attorney would only be able to charge this maximum amount.

Example: If your back pay is $10,000, the attorney would be entitled to $2,500 (25% of $10,000). However, if your back pay is $40,000, the maximum fee the attorney can charge is $7,200, even though 25% of $40,000 is $10,000.

How Back Pay Affects Attorney Fees

Attorney fees are generally taken out of your back pay—the amount of money you’re owed for the period between your disability onset and the date your application is approved. Back pay can accumulate over months or even years, so the attorney’s fee will be a percentage of this lump sum.

For example:

• If you’re awarded $25,000 in back pay, your attorney would receive $6,250 (25% of $25,000).
• If the back pay is $100,000, the attorney’s fee will be $7,200 due to the cap.

Attorney Fees for Appeals

If your disability claim is denied and you have to go through the appeals process, the contingency fee is still the same. However, the attorney may request a higher fee in cases involving multiple levels of appeal. For example, if your case goes to the Administrative Law Judge (ALJ) hearing stage or to the Appeals Council, the attorney’s fee may still be capped at 25% of your back pay, but it could take longer to get paid, potentially affecting how the fee is structured.

Additional Costs

While the attorney’s fee is typically the most significant cost, there may be other costs associated with your case, such as:

• Medical records fees: You may need to pay for copies of your medical records to support your disability claim.
• Expert witness fees: In some cases, attorneys may hire medical experts to provide testimony in your case. These costs are often paid in advance, though they may also be included as part of your contingency fee agreement.

Fees for Other Types of Social Security Assistance

While this section primarily focuses on disability claims, attorneys may also help with other Social Security-related issues, such as Supplemental Security Income (SSI) claims or retirement benefits. Fees for these services can also vary, but they typically follow similar rules to SSDI cases.

Does Social Security Cover Attorney Fees?

The SSA does not cover attorney fees directly. However, as mentioned earlier, they regulate how much an attorney can charge for SSDI/SSI cases, and the fees are paid out of the back pay you’re awarded. So, if you win your case, the attorney will receive their fee directly from the Social Security Administration.