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How Much Can a Disability Lawyer Charge?

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If you’re thinking about applying to get benefits for Social Security Disability (SSD), you might be worried about Social Security disability attorneys fees. 

If a serious medical condition has left you unable to work, you may also wonder how to successfully apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.

An attorney can guide you through the process and improve your chances of winning benefits. However, even if you don’t hire a lawyer, you should still apply. 

A common concern when hiring an SSD lawyer is the cost. This article explains what hiring an SSD attorney actually costs so you can feel confident about your decision. The good news is that you don’t need any money upfront to hire an attorney. 

Even better, you won’t have to pay unless you win your benefits. We’ll also cover why it’s essential to choose an experienced attorney to improve your chances of getting SSDI or SSI benefits.

Disability Lawyer Fees for Social Security Cases

Disability Lawyer Fees for Social Security Cases

How much does a disability lawyer cost? The government regulates the attorney fees in Social Security cases. The Social Security Administration (SSA) sets the rules and approves the fees, and if your case goes to a hearing, the judge must also approve the fees.

Here’s how it works: Attorney fees are capped at 25% of your back-due benefits or $9,200, whichever is less. 

If the SSA decides to increase the fee cap during your case, the new cap will apply. However, you will never pay more than 25% of your back-due benefits or the fee cap, whichever is the lower amount.

Example: Let’s say your back-due benefit is $10,000, and your attorney wins your case. In this situation, 25% of your back benefit is $2,500. 

Since $2,500 is less than the $9,200 fee cap, you would only pay $2,500. This ensures you’re paying the smaller amount, which happens in almost every SSDI and SSI cases.

Remember, these fees only apply if you win your case, making it more affordable to get legal help.

You Only Pay Lawyer Fees for SSI Disability if You Win.

You Only Pay Lawyer Fees for SSI Disability if You Win.

If your attorney succeeds in your SSDI case, the SSDI lawyer fees are capped by the SSA. For example, if your back-due benefit is $100,000, the disability attorney cost won’t be 25% of that amount ($25,000). 

Instead, the fee will be capped at $9,200, which is the maximum amount an attorney can charge for cases resolved at the hearing level or below. Even if 25% of your back benefit is higher than the cap, you’ll only pay up to the capped amount.

Additionally, attorneys only charge fees if they win your case. If you don’t win your benefits, you don’t pay any attorney fees. 

It means your attorney could work on your case for up to two years without receiving any payment if the case isn’t successful. Because of this, attorneys are highly motivated to win your case and secure the benefits you deserve.

What is a Contingency Fee in Social Security Cases?

What is a Contingency Fee in Social Security Cases?

A contingency fee means the attorney only gets paid if a specific event occurs—in Social Security cases, that event is winning your benefits. The disability lawyer costs arrangement is common when clients can’t afford to pay upfront, such as in personal injury cases. 

However, unlike personal injury attorneys, who typically charge 33% of the total award, Social Security attorneys are limited by rules set by the SSA.

In SSDI and SSI cases, the SSA caps attorney fees at 25% of your back-due benefits or $9,200, whichever is lower. The SSA can increase this cap over time, for example, to account for cost-of-living adjustments.

It’s important to note that most SSDI and SSI cases do not result in a large back benefit. 

In many cases, the average cost of attorney ranges between $3,000 and $4,000, which is 25% of the past-due benefit. This ensures fees remain fair and affordable for clients.

What Happens on Appeal?

What Happens on Appeal?

Some SSDI and SSI cases can take years to resolve, especially if they go through the appeal process. 

Cases that move beyond the administrative hearing stage, such as to the Appeals Council or Federal Court, often involve significantly more work for the attorney. In these instances, your lawyer may request a higher fee by filing a fee petition.

Here’s how it works:

  • If you lose your case at the hearing level, you can appeal to the Appeals Council.
  • If you lose again, you can file a case in Federal Court.

Both processes require extensive work, with your lawyer spending many hours over several years litigating your case.

In such cases, your attorney can submit a fee petition to the SSA, asking for approval to charge up to 25% of your back benefit. 

However, this only applies if your lawyer wins your case, and an SSA judge must still approve the lawyer fees for SSI disability. It ensures that fees are fair and in line with the amount of work required.

How Much Do SSDI and SSI Attorneys Charge In Terms of Fees?

How Much Do SSDI and SSI Attorneys Charge In Terms of Fees?

As of November 30, 2024, the fee for a Social Security disability lawyer is capped at $9,200 or 25% of your back pay, whichever is less. 

For example, if your past-due benefits total $40,000, 25% of that would be $10,000. 

However, since $10,000 is above the $9,200 limit, the fees of lawyers for disability claims would be capped at $9,200. 

Social Security would deduct this amount from your back pay, and you would keep the remaining $800.

It’s important to note that most lawyers charge less than the cap. In fact, the average fee paid to Social Security disability lawyers is usually about half of the $9,200 limit.

In some cases, attorneys may be allowed to charge more than the $9,200 cap. This typically happens when a case requires additional work, such as multiple hearings or reviews by the Appeals Council or federal court. 

In these situations, the attorney can submit a fee petition to Social Security, requesting approval to charge higher fees. Social Security will review the petition and approve the higher fees only if they are deemed reasonable.

What If You Don’t Hire an Attorney?

You might feel that paying an attorney from your back-due benefits is too expensive. However, having an attorney increases your chances of winning your case. So, why not hire an experienced lawyer to help you through the process?

When Does the SSA Approve Attorney Fees?

The SSA (Social Security Administration) only approves attorney fees if they are considered reasonable. To decide if the long-term disability lawyer fees is fair, the SSA evaluates the following:

  • The type and amount of work the attorney provided
  • The complexity of your case
  • The skill and expertise required to handle your case
  • The time the attorney spent working on your case
  • The result of your case—did the attorney win?
  • Whether the fee being charged is reasonable.

Will Your First Lawyer Give Up Their Fees?

Most attorneys are willing to waive their fees if you ask them to, but it depends on how much work they’ve already done. If your lawyer has filed your SSD application, spent two years working on your case, gathered your medical records, and you already have a hearing date, they are unlikely to give up their fees.

FAQ:

What is the maximum a Social Security Disability attorney can charge?

The maximum is 25% of your back pay or $9,200, whichever is less.

What is the maximum back pay for disability?

There’s no fixed limit; back pay depends on your monthly benefit amount and the time it took to approve your claim.

What is the easiest disability to get approved for?

Conditions with clear medical evidence, like terminal illnesses or listed impairments in the SSA’s Blue Book, are often easier to get approved.

Are there additional costs besides the lawyer’s fees?

Yes, there may be costs for obtaining medical records or other documentation, but these are typically minor.