Do You Pay A Disability Attorney When You Are Approved?

How to prove you are disabled
and win disability benefits

As far as paying your attorney, most attorneys have their fee automatically withheld by Social Security from your back payment amount so you are not responsible for paying the disability attorney their fee when you receive your social security back payment.

However, this is not always the case, so verify that your attorney has fee withholding before spending your back payment of disability benefits.

Social Security allows a disability attorney or representative to charge a fee for their services. An attorney is allowed twenty-five percent of any back payment up to $6000.00 if you are approved for disability benefits. If twenty five percent of your back payment is less than $6000.00, the attorney is entitled to twenty-five percent of whatever back payment that is available.

Your disability attorney may also be entitled to twenty- five percent of your dependent's back pay if they were not able to get the maximum fee amount from your disability back payment. Of course, if you are not awarded any back disability benefits the attorney receives no fee from your disability claim or your dependents benefits. The Social Security fee arrangement only allows a fee to be collected from back payment disability benefits. While this is the general fee agreement rule, there may be other monetary charges. An attorney has the right to collect incidental expenses incurred while representing you.

Incidental expenses might include fees for copying, travel, phone calls, medical records, or even medical expert testimony should it be necessary. Some disability attorneys charge incidental fees whether they win or lose, while others charge them only if they win the disability claim. And still others do not charge incidental expenses at all.

This is why it is important to read a disability attorney fee agreement before signing it. You are obligating yourself to pay whatever expenses stated in the fee agreement. If the fee agreement says that you are willing to pay the expenses whether you win or lose your disability case you are obligated to pay them.

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Topics and Questions

How does back pay for Social Security disability work ?

Can my Social Security Disability or SSI benefits be stopped or cutoff ?

How Disabled Does One Have To Be To Collect Disability?

Applying for disability benefits in Illinois

Filing an Application for Disability Benefits under SSD or SSI

Social security disability SSDI Benefits and your ability to work

How does work qualify you for social security disability ?

Social Security Disability SSI and Activities of Daily Living

Does Social Security Hold Back The First five Months Of Back Pay?

How do you Apply for SSI?

Are SSI and SSD disability claims denied by social security for lack of evidence?

Will Work Cause You To Lose Your Disability Benefits?

Can I Get Disability If I Was Paid Under the Table?

How to Apply for Disability - Where do I go to apply for disability ?

How Long Does A Social Security Disability Appeal Take?

What is the maximum back pay you can get for Social Security disability ?

Social Security On The Record Disability Decisions

How Will Social Security Look At My Case If I have More Than One Disabling Condition?

The Social Security Disability SSI Application Process

Getting a Social Security Disability Approval

Social Security Administration Physical Consultative Exam (CE)

What is an unsuccessful work attempt for social security disability or SSI ?

Is An ALJ More Likely To Grant A Claim For Disability?

Filing an Appeal after a Denial of Social Security Disability or SSI Benefits

Hiring a Qualified Disability Lawyer in Alabama

Having a Social Security Disability Medical Review

Can You File For Disability While Receiving Unemployment?

Do the Results of the Social Security Psychological Exam have any Bearing on Being Approved?

What is the difference between Social Security disability and SSI ?

What If I Do Not Have Enough Work Credits For Social Security Benefits?

Why do I need an attorney for Social Security disability?

How the Decision on a Disability Application or Appeal Under SSDI or SSI is Made

Social Security Hearing- How do I Request one, how long will it take?

How do you Win Benefits under Social Security Disability?

Social Security Disability, SSI and Being Over the Age of Fifty, 50

How Does A Social Security Disability Examiner Determine a Person’s Functional Limitations?

SSD and SSI are Federal Programs

The title II Social Security Disability and title 16 SSI Disability programs operate under federal guidelines and, therefore, the program requirements--medical and non-medical--apply to all states:

Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

Recent approval and denial statistics for various states can be viewed here:

Social Security Disability, SSI Approval and Denial Statistics by state

Special Section: Disability Lawyers and unnecessary claim denials