This can be an especially overwhelming thought when you need a disability lawyer for your Social Security Disability claim. Many of our clients wonder:
“How much does a disability attorney cost?” or “What is the cost of a disability lawyer?”
For most people, a claim for disability benefits comes at a time when money is particularly tight. Paying for a lawyer might seem impossible.
Despite the fact that money is often tight for people filing disability claims, the Social Security disability system is structured in a way that allows almost everyone with a disability claim, no matter how pressed for funds, to pay for competent legal representation by paying the lawyer at the END of the case, and ONLY if you win your claim for benefits.
Because disability lawyers are typically paid only at the end of a case and only if you win, hiring a disability lawyer is probably way more affordable than you think!
For a FREE consultation with a North Carolina disability lawyer, please call (855)-652-2049.
There are no upfront costs and no attorney fees unless we successfully obtain disability benefits for you.
How much does a disability lawyer cost?
Almost all fee agreements between lawyers and disability clients involve a type of contingent fee. “Contingent” in this context means that there is no fee due unless you win your case.
In addition to being contingent on winning the case, the Social Security Administration (“SSA”) must approve all fee agreements between claimants and attorneys, and it normally limits the attorney fee to 25% of the “backpay” (otherwise known as “past due benefits”) or $6,000, whichever is less.
For most people who apply for benefits, it takes a while (sometimes two years or more) to get through the system. If your health condition became disabling around the time you stopped working, you could be owed benefits for that entire time it takes to get through the system and start receiving benefits. Once you win your claim and SSA computes your backpay, they will pay your attorney directly out of that backpay.
Are there exceptions to the “contingency” attorney fee structure?
There are certain times when a disability attorney can charge more than the standard cap of 25% of backpay or $6,000, whichever is less.
Here are a couple of the more common scenarios in which a disability attorney can charge more than the standard $6,000/25% fee cap:
- If you hire an attorney, then fire that attorney and hire a different one, the two attorneys may each be entitled to a fee (depending on how much work each one did) and the total of the two fees could be more than $6,000. Each of the two attorneys would be required to file a “fee petition” with the SSA, and again, each fee would have to be approved by the SSA.
- If you lose your case after a hearing before an Administrative Law Judge (“ALJ”), you appeal that loss to the Appeals Council, and the Appeals Council agrees that the ALJ made a mistake, they could send your case back to the ALJ for a new hearing. In such a case, your attorney may be able to ask for more than $6,000. Here again, whatever fee the attorney seeks must be approved by the SSA.
Keep in mind, if your case falls into one of the fee-petition scenarios described earlier that requires your attorney(s) to file a fee petition, and you think the attorney is asking for too much, you are able to object to the amount the attorney asks for.
The case review is free and there are absolutely no attorney fees unless we successfully obtain Social Security disability benefits for you.
Call (855)-652-2049 today and let’s review your case. We will listen to you, advise you on your best legal options and if you choose to hire us we will fight tirelessly for the justice and disability benefits you need and deserve.
I would recommend Riddle & Riddle Injury Lawyers to anyone who needs help with disability.
B. Fields
Out-of-Pocket Expenses
Finally, you should be aware that the $6,000/25% cap on disability attorney fees does not apply to the amount of money your attorney pays out-of-pocket on expenses relating to your case.
In most if not all cases, your attorney will have to pay to obtain your medical or other records and documents. He or she might also have to pay for travel, photocopy, or other similar types of expenses.
Most likely, your attorney will have you sign a fee agreement that requires you to reimburse him or her for out-of-pocket costs such as filing fees, medical record fees, and postage even if you lose your case. Rarely do these medical record and filing fees total more than one-hundred or so dollars.
Applying for Disability or Appealing a Denial?
If you’re applying for disability benefits or need to appeal a denial in North Carolina, one of our experienced North Carolina disability lawyers may be able to help.
Remember, because we work on a contingency basis, there are no upfront costs and no attorney fees unless we win your case and you receive Social Security benefits.
“Hiring a disability lawyer is probably way more affordable than you think. We would love to help you if we can.”
Justice Counts for North Carolinians with disabilities and we would love to help you fight for justice and compensation if we can.
