If you’re considering hiring a lawyer to help with your Social Security disability claim, you’re probably wondering how much does a disability lawyer cost? The good news is that disability lawyers work differently than most other attorneys.
You don’t pay anything upfront, and you only pay if you win your case. Understanding how disability lawyer fees work helps you make an informed decision about getting legal help.
The Contingency Fee System
Disability lawyers work on contingency, which means their fee comes from your back pay if you win. If you don’t win, you don’t pay attorney fees.
This system exists because Congress wanted to make legal representation accessible to people with disabilities who typically can’t afford to pay hourly attorney rates. Most people applying for disability have little or no income, so requiring upfront payment would effectively deny them legal help.
The contingency system aligns the lawyer’s interests with yours. Your disability lawyer only gets paid if you get approved for benefits, which gives them strong motivation to win your case.
The Standard Fee: 25% of Back Pay
Social Security disability lawyers charge 25% of your past-due benefits, up to a maximum amount set by federal law.
For 2025, the maximum disability attorney fee is $9,200. Even if 25% of your back pay would be more than $9,200, your lawyer cannot charge more than the cap without special approval from Social Security.
Past-due benefits (also called back pay) are the benefits you should have been receiving from your disability onset date until your approval date. Depending on how long your case takes, this can add up to many thousands of dollars.
Here’s how it works with examples:
Example 1: You’re approved for SSDI with $15,000 in back pay. Your lawyer’s fee would be $3,750 (25% of $15,000). You would receive $11,250.
Example 2: You’re approved with $40,000 in back pay. 25% would be $10,000, but that exceeds the maximum. Your lawyer receives $9,200, and you receive $30,800.
Example 3: You’re approved with $4,000 in back pay. Your lawyer receives $1,000 (25%), and you receive $3,000.
The fee only comes from past-due benefits, never from your ongoing monthly benefits. Once you start receiving regular monthly payments, those are entirely yours. Your lawyer’s fee is a one-time payment from the lump sum of back pay.
Social Security Withholds the Fee
You don’t have to calculate the fee or write a check to your lawyer. Social Security automatically withholds the attorney fee from your back pay and pays it directly to your lawyer.
This means when you receive your back pay, the attorney fee has already been deducted. You receive a check (or direct deposit) with your portion, and your lawyer receives a separate payment directly from Social Security.
This system protects both you and your lawyer. You can’t forget to pay or decide not to pay, and your lawyer receives payment directly without having to chase you down.
No Upfront Costs
Disability lawyers don’t charge retainer fees, consultation fees, or require any money upfront. The initial consultation is free, and representation costs nothing until your case is won.
This is different from most legal services where you might pay $200-$500 per hour or a retainer of several thousand dollars. With disability cases, you pay nothing out of pocket.
If you lose your case at every level of appeal and never get approved, you owe your lawyer nothing for their time. The lawyer absorbs the loss of their time investment in your case.
What About Case Expenses?
Most lawyers charge for case expenses separately from the attorney fee. These are costs the lawyer incurs while working on your case, such as:
- Obtaining medical records ($25-$100 per provider)
- Getting medical expert reports ($50-$200 in some cases)
- Copying costs
- Postage and delivery fees
Ask your lawyer during your consultation whether they charge for case expenses. If they do, find out:
- What types of expenses might you owe?
- When would you have to pay them?
- Are expenses waived if you lose?
When the Fee Exceeds the Maximum
If your case is particularly complex or time-consuming, your lawyer may have a section in their fee agreement with you that allows them to petition Social Security for approval to charge more than the standard $9,200 maximum. This is called a fee petition.
Lawyers must demonstrate that the case required extraordinary time and effort to justify a higher fee. Social Security reviews the time records and approves or denies the request.
Fee petitions are relatively rare. Most disability cases, even those that go to multiple appeal levels, don’t exceed the $9,200 cap when calculated at 25% of back pay.
If your lawyer files a fee petition, Social Security notifies you and gives you the opportunity to object. You can provide input on whether you think the requested fee is reasonable.
SSI Cases and Attorney Fees
The same 25% rule and $9,200 maximum apply to SSI cases. However, SSI cases often have lower attorney fees because SSI back pay is more limited than SSDI back pay.
SSI can only provide retroactive payments back to the month after the application date. SSDI can potentially provide up to 12 months of back pay before application, plus the time from application to approval.
SSI benefit amounts are usually lower than SSDI benefits. SSI backpay is lower than SSDI backpay for the same number of months.
This means SSI cases may result in lower attorney fees simply because there’s less back pay available. Your lawyer still receives 25% of whatever back pay you get, but the total amount is often smaller.
What If You Get Both SSDI and SSI?
If you receive concurrent benefits (both SSDI and SSI), your lawyer’s fee is calculated on your total back pay from both programs combined, still capped at $9,200.
The fee isn’t charged twice. Your lawyer gets one fee based on the total past-due benefits from both programs added together.
Comparing the Value of Representation
Statistics consistently show that people represented by lawyers have much higher approval rates than people who represent themselves.
Consider this scenario: You apply without a lawyer and are denied. You represent yourself through appeals and are denied again. You could have been approved with proper representation, but instead, you get nothing and wait years with no income.
Now consider: You hire a lawyer. Your case goes to a hearing. The lawyer presents medical evidence effectively, questions the vocational expert, and argues your case persuasively. You’re approved with $40,000 in back pay. The lawyer receives $9,200, and you receive $30,800, plus ongoing monthly benefits for as long as you remain disabled.
In the second scenario, you’re $30,800 better off than if you’d never been approved, plus you have monthly income. The $9,200 fee resulted in $30,800 in your pocket that you wouldn’t have had otherwise.
What Lawyers Do for Their Fee
Understanding what lawyers do helps you appreciate the value of representation:
They gather and organize medical evidence from all your doctors, hospitals, and treatment providers. This alone can take dozens of hours.
They obtain opinions from your doctors about your limitations and inability to work, submitted in forms Social Security accepts.
They review your case for weaknesses and work to address problems before the hearing.
They prepare you for the hearing, explaining what to expect and how to testify about your limitations.
They question you at the hearing in a way that helps you clearly explain how your condition prevents work.
They cross-examine vocational experts who testify about jobs you could supposedly perform.
They submit legal briefs arguing why you meet Social Security’s requirements for disability.
They handle all communication with Social Security, deadlines, and paperwork so you don’t have to navigate the complex system alone.
All of this work happens before your lawyer receives a penny. They invest significant time and resources into your case with no guarantee of payment.
Are There Any Other Costs?
Some applicants worry about hidden costs, but reputable disability lawyers don’t have them. You should never be charged:
- Consultation fees
- Application fees
- Retainer fees
- Hourly rates
- Administrative fees
- Communication fees (for phone calls or emails)
If a lawyer tries to charge you anything beyond the contingency fee (and possibly case expenses if disclosed upfront), that’s a red flag. Disability lawyers are limited by federal law to contingency fees, and ethical lawyers follow those rules.
What If You Disagree with the Fee?
If you think the fee charged is unfair, you can object to Social Security. This rarely happens because the fee is set by federal law, but you have the right to question it.
Social Security reviews all fee agreements and won’t approve anything that exceeds the legal limits or appears unreasonable.
If your lawyer files a fee petition asking for more than the standard maximum, you receive notice and can object before Social Security approves it.
Making the Decision to Hire a Lawyer
The fee structure for disability lawyers removes financial barriers to getting help. You don’t need money upfront, you only pay if you win, and the fee is limited by law.
For most people, the question isn’t whether they can afford a lawyer‚ it’s whether they can afford not to have one. The difference in approval rates between represented and unrepresented applicants is substantial.
If you’re denied initially or at reconsideration, hiring a lawyer for the hearing stage is particularly important. Administrative Law Judges hear testimony, review evidence, and make credibility determinations. Having a lawyer who knows how to present your case effectively can make the difference between approval and another denial.
Getting Help with Your Disability Claim
If you’re considering applying for disability benefits or you’ve been denied and need to appeal, talking to a disability lawyer costs you nothing. Most offer free consultations where they review your case and tell you honestly whether they think you have a strong claim.
During the consultation, ask about:
- The lawyer’s experience with cases like yours
- How they communicate with clients
- Whether they charge case expenses
- What to expect in the process
Remember, you’re not making a financial commitment by consulting with a lawyer. You’re simply gathering information to make an informed decision about your case.
Related Articles
- The Social Security Disability Appeals Process
- What is SSDI? (Social Security Disability Insurance)
- What is SSI? (Supplemental Security Income)
Contact Us
If you have questions about disability lawyer fees or want to discuss your case, we offer free consultations with no obligation.
Call us today: 888-966-6566
We have over 50 years of combined experience with Social Security disability cases and work on a contingency fee basis. You pay nothing unless you win your case.
