Social Security Disability Lawyers Cost

Social Security Disability Lawyers Cost: average attorney fee for Social Security disability

It can be difficult to navigate the complexity of the Social Security Disability (SSD) application process, so many people with disabilities look to skilled SSD lawyers for assistance to increase their chances of a successful claim. An important factor that frequently worries prospective applicants is the expense of retaining a Social Security Disability attorney. We’ll give you a thorough rundown of the expenses and the typical fee schedule for SSD attorneys in this article. The cost of hiring a Social Security Disability (SSD) lawyer can vary based on several factors, and it’s essential to understand how attorneys typically charge for their services in SSD cases. Here are the common fee structures associated with SSD lawyers:

Contingency Fee Basis: average attorney fee for social security disability

Most SSD lawyers work on a contingency fee basis. This means that the attorney’s fee is contingent upon the successful outcome of your case. If they win your case, they will receive a percentage of the backpay owed to you by the Social Security Administration (SSA). This percentage is often capped by law. If the case is not successful, you generally won’t be required to pay attorney fees.

Federal Guidelines on Attorney Fees:

The Social Security Administration (SSA) regulates attorney fees in SSD cases. According to federal guidelines, attorneys are typically limited to charging 25% of the backpay owed to the claimant, up to a maximum cap set by the SSA. As of my last knowledge update in January 2022, the cap is $6,000, although it’s advisable to check for any updates or changes to these figures.

Additional Costs:

While the contingency fee covers the attorney’s services, there may be additional costs associated with your case, such as fees for obtaining medical records, filing fees, and other administrative expenses. These costs are usually separate from the attorney’s fee and may need to be paid regardless of the case outcome.

Free Consultations:

Many SSD lawyers offer free initial consultations. During this consultation, the attorney will review your case, discuss its merits, and provide an assessment of your chances of success. This initial meeting allows you to evaluate the attorney’s expertise and decide whether to proceed with their representation.

Fee Agreements and Fee Petitions

To get their fees paid, Social Security lawyers enter into written fee agreements with their clients and submit those fee agreements to Social Security for approval. If Social Security approves the fee agreement, it will pay your attorney for you directly out of your backpay. The attorney and the client can agree on any fee, as long as it does not exceed $7,200 or 25% of your backpay, whichever is less. That limit on fees is a part of Social Security law, and in most cases, an attorney can’t charge more than that.

We recently surveyed readers about how much Social Security paid their lawyers after they were approved for benefits. For the majority, the fees were less than the $7,200 cap. For details, see our article on average fees paid to Social Security disability lawyers.

If a disability case requires multiple hearings or an appeal to the Appeals Council or federal court, a disability lawyer is permitted to file a fee petition with SSA to request to be paid more than the $7,200 limit. Social Security will review the fee petition and will approve it only if it is reasonable. To learn more, read Nolo’s article on when a lawyer can file a fee petition to charge more than $7,200.

What does a disability lawyer do?

Disability lawyers are familiar with navigating the application requirements. They can help with:

Evaluating if you have a case.
Reviewing medical records.
Contacting medical providers.
Requesting copies of records.
Fill out or double-check the accuracy of your disability application.
Preparing documentation to appeal a denied application.
Representing your case if an appeal is denied.

Do I need a disability lawyer?

You might need a disability lawyer if:

You don’t understand the application process.

A lawyer can make sure your application is complete and contains enough supporting material.

You have questions about medical documentation requirements.

If you are overwhelmed with the number of medical records you need to submit or are unsure of what documentation is required, an attorney can help.

Your initial application has been denied.

A denied application isn’t the end of the road. A lawyer can help you navigate the appeals process.

How to find a disability lawyer

Here are four ways to find a disability lawyer:

Ask for recommendations.

A good recommendation can save you time and effort. Ask friends and family who have filed for disability if they liked their attorneys.

Search online.

Looking for disability lawyers near you will bring up a list of options in your area. And databases that organize lawyers by state — like those on Nolo.com and Lawyers.com — let you compare candidates quickly.

Compare experience.

Lawyers who practice the same kind of law don’t necessarily have the same experience or specializations. Look for a disability lawyer who has experience in handling cases similar to yours.

Request a free consultation.

A reputable disability attorney is going to offer an initial consultation for free, says Syme. Use the appointment to ask specific questions, meet the office staff and get a feel for the attorney’s personality.

Before signing a contract, it’s crucial to go over the fee schedule and any possible extra expenses with your SSD attorney. Ascertain that you comprehend precisely what services are covered, how the fees are determined, and whether there are any potential out-of-pocket costs. Furthermore, bear in mind that fee structures and regulations are subject to change, so it’s a good idea to confirm the most recent SSA guidelines and caps, as well as any updates that may have been made since my January 2024 update.

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