Contingency Fees: No Upfront Costs

The majority of disability lawyers charge a contingency fee, meaning they only get paid if you win your case and receive backpay (retroactive benefits). The fee is typically 25% of your backpay, up to a maximum of $6,000. This means that if you’re awarded $20,000 in backpay, the lawyer would receive $5,000 (25% of $20,000). If you’re awarded more than $24,000 in backpay, the lawyer’s fee would be capped at $6,000, even if 25% would be a larger amount.

Why Contingency Fees Are Beneficial

One of the main reasons disability lawyers work on a contingency fee basis is to make their services accessible to individuals who might not have the resources to pay upfront legal fees. The contingency fee arrangement also means that the lawyer is motivated to win your case since they only get paid if you do.

What Happens If Your Case Is Denied?

If your Social Security Disability or SSI application is denied and you don’t win your case, you won’t owe anything to your lawyer. This is another reason why working with a disability lawyer can be a wise choice—it reduces your financial risk.

However, if you do win your case and are awarded backpay, the lawyer will receive the agreed-upon percentage, and any fees owed will be deducted from your backpay directly.

Additional Fees: When and Why They Might Apply

While most disability lawyers work on a contingency fee basis, there are a few additional costs you might encounter:

• Costs for medical records and other evidence: Gathering medical records, doctor’s notes, and other evidence to support your claim can require some out-of-pocket expenses. These costs are typically passed on to you, but they are often minimal.
• Filing fees: If your case requires you to file paperwork with the court (during an appeal, for example), there may be filing fees involved. These fees are usually low, but they should be discussed upfront with your lawyer.
• Expert witness fees: In some cases, your disability lawyer may hire an expert witness to testify on your behalf (such as a medical expert). These costs can add up, but they are typically discussed with you in advance.

How to Ensure You’re Comfortable with the Fees

Before hiring a disability lawyer, it’s important to understand the fees and what you’ll be responsible for paying. During your initial consultation (many of which are free), make sure to ask the following questions:

• What is your contingency fee rate?
• Are there any other fees I should expect?
• How will fees be deducted from my backpay?

Having a clear understanding of the costs upfront ensures that there are no surprises later in the process.

Free Consultations

Most disability lawyers offer free consultations. This means you can discuss your case and determine whether the lawyer is a good fit for your needs without committing to any costs. During this consultation, you can ask about their experience with Social Security Disability claims, their track record of success, and their fee structure.

Is It Worth Hiring a Disability Lawyer?

While you don’t have to hire a lawyer to apply for disability benefits, having one can significantly increase your chances of approval. Disability lawyers are experts in navigating the complex Social Security Administration (SSA) system, and they know how to gather the necessary medical evidence, fill out forms correctly, and represent you during hearings.

Hiring a lawyer can make the application and appeals process smoother, and even if you’re successful in obtaining your disability benefits, the contingency fee structure means that you only pay if you win.