How much does a Social Security Disability attorney cost?

We have all heard the line, “If we don’t win, you don’t pay!”  This is usually true for Social Security Disability attorneys.  

When you hire a disability attorney to represent you with your Social Security Disability (“SSD”) Claim, the Social Security Administration must approve any fee agreement that you sign. This particular fee agreement is governed by the law.

What does the law say?

The law says that an attorney who represents you in your Social Security Disability claim, can charge 25% of any back pay that is awarded, up to $6,000. You must receive a favorable decision in order for your disability attorney to receive any fee at all.

How is the attorney paid?

In most cases, when a favorable decision has been obtained, the Social Security Administration will take 25% out of your back pay and send it to your disability attorney. The rest of your back pay will be directly deposited into your bank account. In this situation, you never have to write your disability attorney a check for legal fees because his or her fee will be paid before you get your money. This is usually what the attorney and client agree to in their fee agreement.

Occasionally, a disability attorney will “petition” the Social Security Administration for his or her fees. This occurs when a fee agreement was not entered prior to the favorable decision. This may also occur if a case has been especially difficult and time-consuming, and the attorney feels that he or she has earned more than the $6,000 limit. However, a disability attorney will not be awarded more than 25% of your back pay, even if he or she does request more than the $6,000 limit.

Are there any other costs?

A disability attorney will often incur costs while representing a client. These costs are usually a result of requesting medical records or opinions. Most fee agreements will require the client to pay for these costs, whether the client wins or loses the claim.