How much does a disability lawyer cost?
How much does a disability lawyer cost?
25% of disability back payment amount, up to
$9,200 maximum attorney fee allowed
Disability lawyer cost
Disability lawyers work on a contingency fee basis, meaning they only receive payment if they win your claim. The attorney receives the lesser of 25% of your back payment amount or $9,200.
You are not required to pay anything up front. The Social Security Administration (SSA) pays the disability attorney’s fee directly out of your back payment and caps the fee at $9,200.
Disability back payment amount | Attorney fee* |
---|---|
$10,000 | $2,500 (25% of backpay) |
$20,000 | $5,000 (25% of backpay) |
$30,000 | $7,500 (25% of backpay) |
$40,000 | $9,200 |
$50,000 | $9,200 |
$75,000 | $9,200 |
$100,000 | $9,200 |
*The attorney fee is the lesser of 25% of disability backpay or $9,200.
What are disability back payments?
Social Security Disability Insurance (SSDI) back payments are payments that accumulate between your disability onset date and the date the Social Security Administration approves your claim. The disability onset date is the first day you met the SSA’s definition of disability or statutory blindness and became unable to work as a result of the condition.
Supplemental Security Income (SSI) back payments are payments that accumulate between the date you first filed for disability benefits and the date the Social Security Administration approves your claim.
The total back payment amount depends on which type of disability benefits you’re approved for, your monthly benefit amount, and how long you waited for the decision.
What does a disability lawyer do?
A disability lawyer plays a crucial role in helping you navigate the complex SSDI application and appeals process. Here are some key services they provide:
Evaluate your case: They assess the strength of your claim and advise you on the best course of action.
Gather and organize medical evidence: They help collect all necessary medical records and documentation to support your claim.
Complete paperwork: They ensure all forms are filled out correctly and submitted on time.
Communicate with the SSA: They handle correspondence and interactions with the Social Security Administration on your behalf.
Prepare you for hearings: If your case goes to a hearing, they'll help you prepare your testimony and represent you before the administrative law judge.
Appeal denials: If your initial claim is denied, they'll guide you through the appeals process.
Expedite your case: In some situations, they may be able to request an expedited decision if you're facing dire financial circumstances.
While hiring a disability lawyer involves costs, the contingency fee structure ensures you only pay if your case is successful. The potential benefits of having a disability lawyer often outweigh the cost, as claims are statistically more likely to be approved when the applicant is represented by legal counsel.
Disability lawyer FAQs
How long does a disability appeal take with a lawyer?
The duration of a disability appeal can vary widely depending on the backlog of cases in your area and the complexity of your case. On average, the disability appeals process can take anywhere from a few months to over a year.
However, having a disability lawyer can potentially speed up the process. With a lawyer, you may benefit from:
Fewer errors in paperwork, reducing delays
Stronger initial presentation of your case, potentially avoiding multiple appeals
Possible expedited processing in cases of dire need
Do I need a lawyer to apply for disability?
While you don't need a lawyer to apply for disability benefits, having one can significantly increase your chances of approval, especially if your case is complex or if you're filing an appeal. Here are some situations where hiring a lawyer might be particularly beneficial:
Your initial application was denied.
You have a complex medical condition.
You're preparing for a hearing before an administrative law judge.
You're unsure about how to properly document your disability.
Can I fire my disability lawyer?
Yes, you can fire your disability lawyer at any point during your case. However, there are some important considerations. If you're close to a hearing date, changing lawyers could potentially delay your case. If you fire your lawyer after they've done substantial work on your case, they may still be entitled to a fee if you win your case later.
Before firing your lawyer, try to address any concerns or misunderstandings you may have with them directly. Make sure you have another lawyer lined up or are prepared to handle the case yourself before terminating your current representation.
Can I negotiate a lower fee with my disability lawyer?
You can ask your disability lawyer for a lower fee. However, because these fees are established by the Social Security Administration and are standardized across the country, attorneys typically charge the same fee structure for every disability case.
How to find a disability lawyer
Finding the right disability lawyer can make a significant difference in the outcome of your case. Follow these tips to help you choose the best disability lawyer near you:
Look for lawyers who specialize in Social Security Disability law and have extensive experience in this area.
Ask for recommendations from trusted sources, such as friends, family, or other legal professionals.
Read reviews from past clients on Lawful and Google.
Check with your state or local bar association for referrals to qualified disability attorneys.
Schedule consultations with multiple lawyers to find one you're comfortable working with.
Verify the lawyer's credentials and ensure they're in good standing with the bar association.
Choose a lawyer who communicates clearly and explains complex legal concepts in terms you can understand.
Questions to ask a disability attorney
When meeting with potential disability attorneys, ask these important questions to gain insight into their experience, communication style, and approach to handling cases:
How many years of experience do you have in handling SSDI cases?
What is your success rate in winning disability claims?
Will you personally handle my case, or will it be assigned to another lawyer or paralegal?
How often will you update me on the progress of my case?
Can you provide references from past clients?
Have you represented cases similar to mine before? What were the outcomes?
What specific strategies would you use to strengthen my case?
What potential challenges do you foresee in my case, and how would you address them?
How do you handle fee arrangements and expenses?
What is your policy on returning phone calls and emails?