Disability Attorney Fees Structure

Contingency Fee Basis

Most disability attorneys work on a contingency fee basis, meaning they only get paid if you win your case. This is a great option for people who cannot afford upfront legal fees, as you won’t have to pay anything out of pocket unless your attorney is successful in obtaining benefits for you.

• Standard Fee: The standard fee for a disability attorney is typically 25% of your back pay (the lump sum of retroactive benefits you receive). The Social Security Administration (SSA) limits the fee to a maximum of $6,000. This means even if 25% of your back pay is more than $6,000, the attorney can only charge $6,000.
• Back Pay: Back pay is the amount of Social Security Disability benefits that are owed to you for the period between your application and approval date. It’s important to note that your attorney’s fee is usually taken from this back pay.

No Fees for Denied Claims

If your disability claim is denied, you won’t owe your attorney any fees. This "no-win, no-fee" structure is common for disability cases, giving you peace of mind knowing that you won’t have to pay for services if you don't receive benefits. If you lose your case, you aren’t obligated to pay any legal fees to your attorney.

Additional Costs and Expenses

While the attorney’s fees are generally capped, there may be additional costs associated with your disability claim. These additional costs can vary depending on your case but often include:

• Medical Records and Reports: You may need to pay for copies of medical records or pay for any evaluations or tests that may be needed to support your claim.
• Expert Witness Fees: If necessary, your attorney may hire a medical expert or vocational expert to provide testimony. These fees are generally paid in addition to the attorney’s fees.
• Administrative Costs: These costs may include expenses for things like filing fees, postage, or other administrative services that are required during the claims process.

Your attorney should discuss any additional costs with you upfront, so you’re not surprised by hidden fees.

Appeals and Hearings

If your claim is denied, you may need to file an appeal or attend a hearing before an Administrative Law Judge (ALJ). In most cases, the contingency fee structure will still apply for the appeals process, meaning the attorney will receive 25% of your back pay up to the $6,000 cap if you win your appeal. However, the fees for additional work may vary depending on your specific case.