How Our Attorney Fees Work in Social Security Disability Cases
When you cannot work because of disability, money can be tight. You shouldn’t worry that speaking to a lawyer will create surprise bills. In most Social Security disability cases, attorney fees are regulated, predictable, and only payable if you win.
No Upfront Retainer, No Hourly Billing
In most Social Security disability matters, we are paid on a contingency fee basis. This means:
- No retainer up front.
- No monthly or hourly bills.
- You owe an attorney’s fee only if your case is approved and you receive past-due benefits.
Many who contact us live on a limited income. A contingency fee allows you to get legal help without paying up front. If your claim is denied and there is no past-due benefit award, you owe no attorney’s fee for that case.
Exception: If you retain our firm for representation in a matter that does not involve the possibility of past-due benefits, we may ask for a retainer to be deposited in our trust account. An example is a continuing disability review where benefits are still being paid pending a hearing.
How the Fee Is Calculated
The fee is a set percentage of your past-due benefits, up to a strict maximum cap. Past-due benefits are the lump sum that Social Security owes you for the months between when you became disabled and when Social Security approves your claim.
Federal rules limit the percentage and maximum dollar amount. Social Security must approve fees before they are paid. We clearly explain the percentage and cap in a written agreement. Your fee is paid from past-due benefits only. It does not affect your future monthly checks.
Who Pays the Fee and How It Is Paid
If approved, Social Security usually handles the fee payment. In practical terms:
- Social Security calculates your past-due benefits.
- The agency withholds the approved fee from that total.
- Social Security sends the fee to us and the remaining back pay to you.
You do not write us a separate check. The government pays the fee using your past-due benefits. If your case is not approved, no fee is paid from back pay, and you owe us nothing.
Case Costs – Separate From Attorney’s Fees
Attorneys’ fees and case costs are different. While the fee is contingent on winning, there are sometimes small case-related expenses.
For example, a hospital may charge to copy records, or a provider may bill for a report. These costs are usually modest and are not hourly legal fees. Our written agreement explains how costs are handled.
Our Fee Agreement – In Writing and Easy to Read
Before representing you, we will both sign a written fee agreement. It explains:
- You only pay a fee if you win past-due benefits.
- How the percentage and maximum fee cap are calculated.
- How any case costs are handled.
- Social Security must approve the fee before payment.
What the Fee Covers
You might wonder what you receive in return. In a disability case, the fee covers months or sometimes years of legal work, including:
- Helping complete applications and other Social Security forms.
- Requesting and organizing medical records.
- Communicating with Social Security about your claim.
- Preparing written arguments.
- Preparing you for hearings and representing you before a judge.
If your case moves into appeals, this covers our efforts to present your situation clearly to decision-makers. You get steady legal support throughout the process, not just a brief meeting.
When to Reach Out
Many people worry about cost when they call, asking:
“Can I afford a lawyer with no income?”
“Will my fee increase if my case takes a long time?”
“What happens if we go to a hearing?”
We welcome these questions. In many disability cases, you can receive representation without paying up front or facing open-ended bills. We can explain how fees work in your specific situation so you can move forward with confidence.
Disclaimer
This page provides general information about Social Security disability attorney fees. It does not create an attorney-client relationship or provide legal advice. We only represent you after we agree to take your case and you sign our fee agreement and required government forms. We cannot guarantee specific results. All fees must comply with current Social Security rules and are subject to approval.