Understanding the Contingency Fee Arrangement

First, it’s important to note that most Social Security Disability attorneys work on a contingency fee basis. This means that you typically don’t pay your attorney unless they win your case. In most cases, the fee is a percentage of the back pay you are awarded, and the maximum fee set by the Social Security Administration (SSA) is 25% or $6,000 (whichever is less).

Because of this, if your case is unsuccessful, you generally don’t owe your attorney any fees. This arrangement reduces the financial risk for you, as the lawyer only gets paid if you win or are awarded back pay.

What Happens if Your Social Security Disability Case is Denied?

If your Social Security Disability case is denied, there are several steps you can take:

• Appeal the decision: The first option is to appeal the decision made by the Social Security Administration (SSA). Many disability cases are denied at the initial stage, but this does not mean the end of your claim. You can file for reconsideration, and if denied again, you can request a hearing before an Administrative Law Judge (ALJ). An attorney can help you with the appeals process and represent you during hearings.
• Request a new lawyer: If you’re not satisfied with your attorney’s performance or if they lose your case, you have the option to find another lawyer to represent you during the appeals process. It’s important to choose an attorney who specializes in Social Security Disability cases to maximize your chances of success.
• Understanding the denial reason: If your attorney loses the case, they should explain the reason for the denial. Understanding the specific reasons can help you prepare for the next steps, whether that’s a new application or an appeal.

Is There a Financial Impact if My Attorney Loses?

In most cases, there is no direct financial penalty for losing your case, as Social Security Disability lawyers work on a contingency fee basis. However, there may still be indirect costs:

• Delay in benefits: If your case is denied and you are unable to appeal successfully, you may face delays in receiving benefits, which can cause financial hardship. The sooner you can pursue an appeal with a new attorney, the better.
• No back pay: If your case is unsuccessful, you won’t receive the back payments you might have been entitled to. This can have a significant impact, especially if you’ve been waiting for your benefits for a long time.

How Can I Improve My Chances of Success in the Future?

If your Social Security Disability attorney loses your case, it doesn’t mean the end of your chances to receive benefits. Here are steps you can take to improve your chances moving forward:

• Seek a second opinion: Consult with a different Social Security Disability lawyer for a second opinion on your case. A fresh perspective may help you understand why your previous attorney lost and how to strengthen your case for the future.
• Review your medical evidence: One of the most important aspects of your case is your medical evidence. If your case was lost due to a lack of sufficient medical records or documentation, a new lawyer can help you gather additional evidence and strengthen your case.
• Ensure proper representation at the hearing: If your case went to a hearing and was lost, it could be due to insufficient representation. Social Security Disability attorneys who specialize in hearings can improve your chances of success in this critical stage of the process.