Most Social Security disability attorneys work on a contingency fee. This means you only owe payment after a favorable outcome that produces past-due benefits. In many cases, the fee is withheld from backpay by the Social Security Administration (SSA) then sent directly to the attorney after approval – meaning you generally do not need to write a check, the SSA sends the payment to the attorney.
How much of my award can an attorney get as payment?
The attorney cannot simply take whatever they deem best, there are rules that guide this arrangement. The standard fee for many Social Security cases is 25% of past-due benefits up to a set maximum that the agency updates periodically. At this time, that amount is $9,200.
The agency intended for these rules to limit the financial risk for claimants while also providing payment for legal counsel to guide prospective claimants through the process.
Is there anything else I should know about the cost of legal counsel before moving forward with a claim?
It is important to review the agreement for additional expenses that may not be covered in the contingency fee arrangement. Examples often include additional expenses connected to:
- Medical record requests charged by hospitals, clinics, imaging centers
- Doctor narrative reports, residual functional capacity forms, medical opinion letters
- Copying, postage, electronic retrieval fees, exhibit preparation
A clear agreement should state who pays, when payment is due and whether reimbursement occurs only after a win.
When it comes to the cost of legal counsel when working through these complex cases, disability attorneys often use a contingency fee arrangement. Additional expenses such as medical record fees can apply. A claimant should review the fee agreement for the percentage, the cap, the cost policy and the reimbursement terms before signing.