This can be an especially overwhelming thought when you need a disability lawyer for your Social Security Disability claim. Many of our clients wonder:
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.
Understanding the SSA Contingency Fee Structure
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 Disability legal fees are regulated by federal law. Under the SSA fee agreement process, attorney fees are automatically calculated, withheld, and paid directly to your representative by the SSA from your lump-sum back pay once approved.
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.
Exceptions to the Fee Cap
Are there exceptions to the “contingency” attorney fee structure?
There are certain times when a disability attorney can charge more than the standard cap.
A couple of these scenarios include:
- 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 $9,200 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 $9,200. Here again, whatever fee the attorney seeks must be approved by the SSA.
Keep in mind that 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.
Out-of-Pocket Case Expenses
While attorney fees are contingent on winning your case, preparing a strong disability claim requires obtaining official medical evidence. Operational costs are separate from attorney legal fees and may include:
Medical Record Retrieval: Administrative fees charged by doctors, clinics, and hospitals to produce certified treatment records.
Specialized Medical Source Statements: Physician fees for completing detailed functional capacity evaluations or consultative opinions.
Official Document Searches: Charges for retrieving official government, military, or out-of-state employment records.
At Riddle & Riddle Injury Lawyers, these expenses are advanced on your behalf during your claim and reviewed transparently before proceeding.
Fees for Appeals (Appeals Council & Federal Court)
If your claim is denied by an ALJ and requires higher-level appeals—such as filing an action in U.S. District Court—the standard administrative fee cap does not automatically apply. In complex litigation, attorneys submit a Fee Petition under 42 U.S.C. § 406(b) directly to the court or SSA for review, detailing the specific legal hours invested in preparing federal briefs and oral arguments.
I would recommend Riddle & Riddle Injury Lawyers to anyone who needs help with disability.
B. Fields
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.
Do not let concerns about legal fees prevent you from pursuing the Social Security Disability benefits you earned. Contact Riddle & Riddle Injury Lawyers today for a free, confidential case evaluation.
Justice Counts™ for North Carolinians with disabilities and we would love to help you fight for justice and compensation if we can.
