what is the maximum an attorney can charge to represent you in a social security disabilty case

by Velda Huels 5 min read

But if the Social Security Administration (SSA

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 …

) approves your disability application, it will pay your attorney a percentage of your past-due benefits (or " backpay "). For cases that are resolved at the hearing stage and have a fee agreement, there's an upper limit on the lawyer's fee: 25% of the award, up to a maximum of $6,000.

$6,000

Full Answer

What are the maximum attorney fees in SSDI and SSI cases?

In these situations, a lawyer is permitted to file a fee petition with Social Security to allow their fee to exceed the maximum of $6,000. Basic Fee Agreements 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.

Can a disability lawyer charge more than the cap?

These individuals are intimately familiar with the Social Security Disability system and can provide extremely able representation. The maximum fee that can be charged by either a Social Security Disability attorney or a non-attorney Social Security Disability representative is the same amount. And it is only paid in the event that a case is won. In other words, if you have representation …

Can a Social Security disability lawyer charge hourly?

Mar 18, 2020 · How much does it cost to hire a disability lawyer? Fees are typically capped at a maximum of 25% of your back pay or $6,000, whichever is less. If the case requires multiple hearings or appeals, a lawyer may be permitted to charge more than $6,000. However, the vast majority of cases are settled well within the $6,000 cap.

How much can a disability attorney charge for backpay?

But if the Social Security Administration (SSA) approves your disability application, it will pay your attorney a percentage of your past-due benefits (or "backpay"). For cases that are resolved at the hearing stage and have a fee agreement, there's an upper limit on the lawyer's fee: 25% of the award, up to a maximum of $6,000.

Lawyers' Fees as a Percentage of Disability Awards

Before we get to the survey results, a bit of background on how lawyers' fees are handled in SSDI and SSI cases: In almost all cases, disability attorneys are allowed to charge a fee only if they win the case. (This type of arrangement is called a contingency fee.) If you don't get benefits, the lawyer doesn't get paid.

What Readers' Lawyers Were Paid

Even though disability attorneys' fees are usually capped at $6,000, nearly seven in ten of our readers (68%) told us their attorneys received less than that amount. The overall average was $3,750—quite a bit lower than the cap. For those whose initial application was approved, the average was even lower: $3,100.

When Disability Lawyers Don't Charge Anything

Aside from the fact that lawyers generally won't receive a fee if their clients don't get an award for Social Security disability, a few of our readers' attorneys didn't take any payment even when they won the case.

Other Costs

In addition to lawyers' fees, applicants are usually responsible for paying their attorneys for the out-of-pocket costs of pursuing the case, such as any charges for copying medical and work records.

Are Lawyers Worth the Cost?

It isn't easy to get Social Security disability benefits, and the application process can be complicated and lengthy. But our survey showed that having a lawyer nearly doubled applicants' chances of getting an award.

What happens if you don't get back pay?

If you don’t get back pay, your attorney doesn’t get paid. If your case involves a lot of extra work, like an appeal, it is possible for your attorney to petition the SSA for a higher fee. This is pretty rare with a standard disability claim, though.

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

For SSI claims, the date can be as early as the month after you filed your application. For SSDI claims, the date can be up to twelve months before the date you filed your application. The SSA will send your back pay in your first disability check. Your back pay will include everything you’re owed from the date your disability began to ...

Do disability lawyers get paid?

Social security disability lawyer fees don’t cost you anything until you win your case. SSDI lawyers are required by law to work on a contingency basis. This means that they don’t get paid until you get paid. Plus, social security disability lawyers’ fees are capped by federal rules, so your attorney can’t overcharge you. ...

How much is SSI for 2020?

Monthly SSI benefits for 2020 are set at $783/mo for eligible individuals and $1,175/mo for eligible couples. That’s a lot of benefits on the table. $6,000 or less in attorney fees is a pretty small fraction of that in the long run.