Is hiring a lawyer to help with your appeal affordable. The good news is that disability advocates work differently than most other attorneys, and the cost structure is designed to protect disabled people filing for disability benefits.
At The Sackett & Associates, our experience helping disabled individuals win their Social Security disability appeals has shown us that cost concerns often prevent people from getting the legal help they deserve. Let’s break down exactly what you can expect to pay and why this arrangement works in your favor.
What Is The Standard Fee Structure For Disability Lawyers?
Social Security disability lawyers operate on what’s called a contingency fee basis. This means you don’t pay anything upfront, and you only pay if your case is successful. If you don’t win your appeal, you don’t owe your lawyer a dime.
The fee is set by federal law at 25% of your past-due benefits, with a maximum cap of $9,200 for most cases handled at the administrative level. This cap can change periodically, but the percentage remains the same. Your past-due benefits are the monthly payments that accumulated from the date Social Security assigns as your disability onset date until the Social Security Administration approves your claim.
For example, if you’ve been waiting for approval for eighteen months and your monthly benefit amount is $1,500, your past-due benefits would total $22,500. Your lawyer’s fee would be $5,625, which is 25% of that amount. However, because of the federal cap, the fee would be capped to $9,200 even if 25% of your past-due benefits exceeded that amount.
Why Do Disability Lawyers Charge This Way?
The contingency fee arrangement exists specifically to make legal representation accessible to people who need it most. When you’re unable to work and waiting for disability benefits, you likely don’t have thousands of dollars available to pay a lawyer by the hour. This system levels the playing field and allows you to get professional help without any upfront costs.
This fee structure also means your disability advocate is motivated to win your case. Since payment depends entirely on success, your attorney has every incentive to build the strongest possible appeal and fight for your approval. At The Keener Law, our commitment to helping disabled individuals means we invest significant time and resources into each case, knowing that our success is directly tied to yours.
Are there any other costs involved?
Beyond the attorney’s fee, there may be some additional expenses related to your case. These typically include costs for obtaining medical records, hiring medical experts to provide opinions, or getting other documentation needed to support your claim. These expenses are usually quite modest, often ranging from $100 to $500.
How does the payment process work?
Once your disability claim is approved, the Social Security Administration doesn’t send you a check for your entire past-due benefits amount. Instead, the SSA withholds the attorney’s fee directly from your back pay and sends it to your lawyer. You receive the remainder of your past-due benefits minus the attorney’s fee and any applicable case expenses.
This system protects both you and your attorney. You don’t have to worry about coming up with the money to pay your lawyer after receiving your back pay, and your attorney is assured of receiving payment for their work on your successful case.
What Happens If Your Case Goes To Federal Court?
If your case requires an appeal to federal court after being denied at the administrative level, the fee arrangement can be slightly different. Federal court cases may require court approval of the attorney’s fee, and the percentage or cap might vary. Good lawyers will explain these potential differences before your case reaches this stage.
The good news is that most disability cases are resolved long before reaching federal court. The American Disability Action Group skill in presenting compelling appeals at the administrative level means many of our clients receive approval without needing to go through the federal court process.
Is Hiring A Disability Lawyer Worth The Cost?
Statistics consistently show that applicants who have legal representation are significantly more likely to win their disability appeals than those who go it alone. The Social Security disability system is complex, with specific medical and legal requirements that must be met. An experienced disability attorney knows how to gather the right evidence, present your case effectively, and address any weaknesses that might have led to your initial denial.
When you consider that winning your case means receiving monthly benefits that could continue for years or even decades, the one-time attorney’s fee is a small price to pay for professional representation that dramatically improves your chances of success.
Should You Get A Free Consultation?
The Sackett & Associates offers free initial consultations where we review your case and explain your options. This meeting gives you a chance to ask questions about fees, discuss the specific details of your situation, and determine whether legal representation makes sense for your appeal.
During this consultation, you can learn more about the firm’s track record and approach to disability cases. At The Sackett & Associates, we’re proud of our history of helping disabled individuals secure the benefits they need, and we’re always happy to discuss how we can assist with your specific situation.
The cost of hiring a disability lawyer shouldn’t prevent you from seeking the help you need with your Social Security disability appeal. With a contingency fee structure, no upfront costs, and payment only if you win, legal representation is accessible and affordable for people in your situation. The investment in professional help can make all the difference in securing the benefits you deserve.
