Attorney Fees for Social Security Disability and SSI Disability

Bad News: Attorneys must be paid to help you win your case.

Good News: Social Security limits how much attorneys charge you.

Is it that easy? Almost. Consider:

1. Every penny an attorney charges you (except for expenses) must be approved in writing by Social Security.

2. If your attorney charges you no more than 25% of any money SSA owes you, and if your attorney agrees to no fee you unless you win, Social Security will approve the deal.

3. SSA pays that attorney directly from the money it owes you. [Your “past-due” benefits.]

4. In the normal case there is a “cap” or limit on the fee: No more than $5,300.

5. Please understand that an attorney can charge more, either above the $5,300, or a percentage greater than 25%, but only (a) if you agree in advance and (b) if Social Security approves, which it does not always do. I do NOT charge more.

So, don’t think an attorney is doing you a big favor by saying s/he won't charge a fee you unless you win.

Additional info: You must pay your attorney directly for any expenses s/he pays on your behalf. Some lawyers make you pay the expenses directly or will charge you for the expenses if you lose.

You should have a written agreement about the fee and the expenses. If your case needs to go to federal court or requires a second hearing with a Judge, the amount of the fee and the way it is collected need a thorough discussion with your attorney.

If you and your family are very low income some Legal Services offices help clients with SSI disability or Social Security disability cases without an attorney's fee.