how much does disability attorney get if im approved

by Alicia West I 7 min read

For SSI

Social Security Administration

The United States Social Security Administration is an independent agency of the U.S. federal government that administers Social Security, a social insurance program consisting of retirement, disability, and survivors' benefits. To qualify for most of these benefits, most workers pay Social …

, your benefits are calculated from the date you're approved for benefits back to the month after you applied for benefits. (For more information, see our article on disability backpay.) Again, the maximum a disability attorney or nonattorney advocate can charge is 25% of your backpay, up to a maximum of $6,000.

Full Answer

What is the average fee for a disability lawyer?

Feb 08, 2022 · For SSI, your benefits are calculated from the date you're approved for benefits back to the month after you applied for benefits. (For more information, see our article on disability backpay .) Again, the maximum a disability attorney or nonattorney advocate can charge is 25% of your backpay, up to a maximum of $6,000.

How much will it cost to hire a disability attorney?

Luckily, you’ll never have to pay anything up-front. Unlike many attorneys, Disability lawyers work on a contingency fee basis, which basically means they only collect if they win your case. Even then, their fees are capped by the federal government. The Social Security Administration mandates that a Disability attorney can only charge up to 25 percent of your past-due benefits …

How much does a Social Security disability attorney get paid?

Oct 26, 2020 · By itself, having a recognized disability isn’t enough to qualify an applicant for social security disability benefits. You must also be able to demonstrate that the disability interferes with your ability to work. More specifically, the disability must make you unable to participate in what the SSA calls substantial gainful activity (SGA). For 2020, that means being …

When should I hire a disability lawyer?

Example: Your disability began on June 15, 2020 and you applied on July 1, 2020. Your first benefit would be paid for the month of December 2020, the sixth full month of disability. However, there is no waiting period if your disability results from amyotrophic lateral sclerosis (ALS) and you are approved for SSDI benefits on or after July 23 ...

What is the most a disability lawyer can charge?

First, the basics: Federal law generally limits the fees charged by Social Security disability attorneys to 25% of your backpay, or $6,000, whichever is lower. Back payments are benefits that accrued while you were waiting for Social Security to approve your case.

How much back pay will I get from SSDI?

If your claim is approved 24 months after application, your will be entitled to 12 months of Back Pay (even though a 24 month waiting period less a 5 month waiting period is 19 months, the limit for Back Pay is 12 months).

How do you calculate Social Security disability payments?

Your SSDI payment will be based on your average covered earnings over a period of years, known as your average indexed monthly earnings (AIME). A formula is then applied to your AIME to calculate your primary insurance amount (PIA)—the basic figure the SSA uses in setting your actual benefit amount.

Can I track my disability back pay?

Call the national Social Security Administration's toll-free number, 1-800-772-1213, to receive information about your retroactive payment. The line is open 24 hours a day for you to find out your claim status and if your back payment has been processed.

Contingency Fee Agreement

When you first hire a disability attorney or advocate, whether you are filing for SSDI or SSI, you must sign a fee agreement that allows the SSA to...

How Much Is The Attorney's fee?

For Social Security disability lawyers, the fee is limited to 25% of the past-due benefits you are awarded, up to a maximum of $6,000. Note that th...

How Disability Backpay Is Calculated

Once you are approved for benefits, the SSA will calculate the amount of backpay you are owed. For SSDI, your backpay will include retroactive bene...

Finding A Disability Lawyer

Read our article on how to find a good disability lawyer (and how to screen a lawyer before you hire one), or go straight to our local disability a...

When Disability Payments Begin

For those who are receiving SSI benefits, payments will generally begin the first full month after you are approved for benefits. For example, if y...

Examples of Back Payment Calculations

By using the date your entitlement to payments should begin (discussed in the above section), you should be able to calculate the amount of your ba...

How Are Back Payments Made

If you are approved for SSDI only, you'll most likely receive one lump-sum payment for the entire amount of your backpayments.If you are approved f...

How long does it take to get back pay on SSDI?

There is a The retroactive limit on back pay, which is usually 1 year before the date of your application.

Does Social Security give back pay?

When your Social Security disability application gets approved, more often than not the time it took to get approved took quite some time. Since that is the case, the SSA gives out back pay based on the date that you became disabled.

No up-front fees

Don’t think you can afford an attorney? Think again. You'll never pay anything up-front. You have nothing to lose but plenty to gain.

Get help with your claim

We file Disability claims every day. It’s what we do. We know how to cut through the red tape to help get the benefits you need.

We only get paid if you win

The federal government pays us when the case is over – and only if we win. If we aren’t successful, we don’t collect. It’s that simple.

What is the first question people ask when they apply for disability?

The first question people ask when they apply for disability is whether they will be approved for benefits. Unfortunately, the odds that your disability application will be approved at the initial stage of the process are not good.

How long does a disability last?

Eligibility for social security disability benefits requires either that the disability lasts, or is expected to last, 12 months or longer, or will result in your death. This means that disability benefits are paid only for long-term disability; short-term disability does not qualify.

What is Medicare coverage?

Medicare Coverage If You're Disabled 1 Medicare Part A (Hospital Insurance) helps pay for inpatient hospital stays, care in a skilled nursing facility, hospice care, and some home health care. The taxes you paid while you were working financed this coverage. It’s provided at no cost to you. 2 Medicare Part B (Medical Insurance) helps pay doctors' services, outpatient care, some medical supplies, and other preventive services. You will need to pay a monthly premium for this coverage if you want it.

How long does Medicare cover ALS?

Medicare Coverage If You're Disabled. We automatically enroll you in Original Medicare (Parts A and B) after you get disability benefits for two years. However, if your disability results from ALS, Medicare coverage begins sooner, generally the first month you are eligible for disability benefits.

Can you get reduced Social Security if you work for the government?

If you receive certain other government benefits, such as workers' compensation, public disability benefits, or pensions based on work not covered by Social Security ( e.g., some government or foreign employment), the Social Security benefits payable to you and your family may be reduced.

What is Medicare Advantage Plan?

Medicare Advantage Plan (previously known as Part C) – people with Medicare Parts A and Part B can choose to receive all of their health care services through plans that are offered by private companies and approved by Medicare.

Does Medicare Part B cover outpatient care?

It’s provided at no cost to you. Medicare Part B (Medical Insurance) helps pay doctors' services, outpatient care, some medical supplies, and other preventive services. You will need to pay a monthly premium for this coverage if you want it. Most people have both parts of Medicare.

What is Medicare Part D?

Medicare Part D (Medicare prescription drug coverage) helps pay for medications doctors prescribe for treatment. For more information on the enrollment periods for Part D, we recommend you read Medicare's How to get prescription drug coverage page.

How do I get my Social Security disability check?

At some point after your claim is approved, you will receive a Social Security Disability award letter. This letter should answer most of your questions, including: 1 The amount of your monthly Disability check. 2 What day of the month to expect to receive your monthly check. 3 The amount you will receive in back pay. 4 The date you can expect to receive your back pay.

What is back payment?

Back payments are past due benefits. That is, the money the Social Security Administration (SSA) would have started to pay you if they had approved your application immediately after you filed. Back payments are owed to you from the date of your application to the date that the SSA approved you for Disability benefits.

How long can you get retroactive unemployment benefits?

These are the benefits that you were eligible for and would have received if you had applied for benefits earlier. You are entitled to receive a maximum of 12 months of retroactive benefits prior to your application date. Retroactive pay is not owed to everyone and is not affected by the backlog of Disability cases.

What is retroactive pay?

Retroactive benefits are payments that cover the months you were unable to work before you applied for Social Security Disability benefits. They are based upon the day your Disability began (called your “onset date”) and the date that you filed an application for benefits.

How long do you have to wait to collect Social Security?

There is a mandatory five-month waiting period before you can start collecting benefits. Basically, the SSA eliminates your first five months of benefits. Now, if you have been waiting a long time for benefits already – more than five months – then you won’t have to wait any longer. That time has already been served.

What is an award letter for disability?

An “Award Letter” will spell out the details. At some point after your claim is approved, you will receive a Social Security Disability award letter. This letter should answer most of your questions, including: The amount of your monthly Disability check. What day of the month to expect to receive your monthly check.

What is retroactive disability?

Retroactive benefits are paid for the months between when you became disabled (your "disability onset date") and when you applied for Social Security Disability benefits. These are benefits that you were eligible for and would have received if you had applied for benefits earlier. SSDI v.

How long does it take to get back pay for disability?

Back payments are paid for the months between the date you applied for disability benefits and the date you were approved for benefits. Due to the number of people that are applying for disability benefits and the time it takes to process your application, there is usually a long delay between your disability application date and approval date. And for Social Security Disability Insurance (SSDI) benefits, there is five-month waiting period, so you are only eligible to receive back pay for any delay beyond the waiting period (see "When Payments Will Begin," below, for further information).

When do disability payments begin?

When Disability Payments Begin. For those who are receiving SSI benefits, payments will generally begin the first full month after you are approved for benefits. For example, if you are approved for SSI benefits on January 1 st, you can expect to begin receiving benefits on February 1 st.

Do you owe Social Security more than monthly?

When you are awarded Social Security or SSI disability benefits, Social Security may owe you more than just your awarded monthly disability checks. How much disability income you are owed depends on different factors, including the type of disability benefits you are receiving and how long you were owed past benefits.

How long is the waiting period for SSDI?

And for Social Security Disability Insurance (SSDI) benefits, there is five-month waiting period, so you are only eligible to receive back pay for any delay beyond the waiting period (see "When Payments Will Begin," below, for further information).

When do you get disability benefits?

You will receive disability benefits starting at the beginning of the sixth month. The five-month wait period is generally shorter than the time it takes for an application to be approved, so the waiting period doesn't usually delay the start of your monthly payments.

How long does it take for SSDI to start?

For those who are receiving SSDI benefits, there are several factors that affect when your payments begin: your disability onset date, your application date, and the five-month waiting mandatory period for SSDI. Onset date. Social Security will use the date you filed a disability application as your " alleged onset date .".

What is the determining factor for disability?

One determining factor for disability is your capacity to do work. If you can’t go back to the job you’ve been doing before you got disabled, the SSA will assess if you can do other types of jobs. They will look at your age, skills, and educational attainment.

How many work credits do you need to get disability?

Under social security rules, you need to earn at least 40 work credits to qualify for disability benefits. Twenty of which must have been earned in the last 10 years.

Who is Victor Malca?

Victor Malca P.A. has over 25 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success in fighting for his clients puts among the most trusted workers’ compensation lawyers in Florida. Our area of expertise is in representing injured workers on compensation benefit cases and disabled individuals claim social security disability benefits.

What is the SGA amount for blind people?

If you’re earning a monthly income lesser than the SGA, you have a higher chance of getting approved. For 2020, the SGA amount is $2,110 for blind individuals and $1,260 for everyone else.

Who is Judy Ponio?

Judy Ponio is a writer for Victor Malca Law P.A. and enjoys helping people with questions about social security, workers compensation, and other serious matters involving people’s livelihood. She is not an attorney and her writing should not be considered legal advice.

Can you get approved for long term disability?

Social Security Disability and long-term disability typically have different definitions of disability and use different criteria to assess the records on file. As a result, approval for one does not guarantee approval for the other. However, your social security disability claim may bolster your long-term disability claim if you are approved based ...

Can you overpay SSDI?

If your SSDI claim is approved, the insurance company may tell you that you were overpaid if you receive past-due SSDI benefits for a period in which you already received LTD benefits. The insurance company will likely tell you that they should have been offsetting your SSDI benefits during that time but, because they did not, you now owe money back to them. You should hold onto any retroactive Social Security Disability benefits that you receive until you have confirmed any overpayments with the insurance company.

What Happens When You Get approved?

  • If your application for Social Security disability benefits is approved, your benefits will be paid for the sixth month after the date on which you became disabled. For example, if your disability started on January 15th, the first disability benefit will be paid for July. The payment would be received in the next month, or August in this case. If these facts are confusing for you, you're no…
See more on disabilitybenefitscenter.org

Understanding Back Pay

  • When your Social Security disability application gets approved, more often than not the time it took to get approved took quite some time. Since that is the case, the SSA gives out back pay based on the date that you became disabled. Back pay is given to those as a benefit to people who apply for SSDI or SSI benefits because the process can take so long. There is a The retroact…
See more on disabilitybenefitscenter.org

Next Steps to Take

  • If you need to find information online at the Social Security website, you will find that you or your attorney can file for disability benefits online and find your local Social Security Office address. You may request that a letter be sent to you confirming the amount of your benefits or find copies of helpful publications. You or your attorney can contact the Social Security Administration. All s…
See more on disabilitybenefitscenter.org

Additional Resources