Disability Attorney Fees Explained

Contingency Fee Structure

Most disability attorneys charge on a contingency basis, meaning they only get paid if you win your disability claim or appeal. This is advantageous for claimants, as it reduces the financial burden during the application process. If your attorney is successful in helping you obtain Social Security Disability benefits, they typically receive a percentage of the back pay you are awarded.

• Typical Percentage: The standard fee for disability attorneys is 25% of your back pay (the lump sum of retroactive payments you receive from the SSA). However, the fee is capped by law at $6,000. This means that if 25% of your back pay exceeds $6,000, the attorney will only receive $6,000 as their fee, even if their standard percentage would result in a higher amount.

No Fees for Denied Claims

If your claim is denied and you don’t receive any benefits, you will not owe any attorney fees. This is another advantage of working with an attorney on a contingency basis: you don’t have to worry about paying fees if you don’t win your case. This “no-win, no-fee” arrangement is common in Social Security Disability cases and helps to make legal representation more accessible for those who need it most.

Additional Costs and Expenses

While the contingency fee is the primary cost, there may be additional expenses that can arise during the disability claims process. These expenses may include:

• Medical Records Fees: You may need to pay for copies of your medical records or pay for medical evaluations required by the SSA.
• Expert Witness Fees: In some cases, an attorney may hire an expert to provide testimony or an evaluation of your medical condition. This may come with additional costs.
• Administrative Costs: This can include costs for filing forms, postage, and other miscellaneous administrative fees.

Your attorney should discuss these costs with you upfront, so you are aware of any potential out-of-pocket expenses.

Fees for Appeals and Hearings

If your claim is denied and you need to file an appeal or request a hearing before an Administrative Law Judge (ALJ), your attorney will continue to represent you under the same contingency fee structure. The percentage they receive will still be based on your back pay, but the overall fee may be adjusted depending on the specific case and the complexity of the appeal.