How much does a Social Security disability attorney get paid?

How to prove you are disabled
and win disability benefits

The fee for representation on a social security disability or SSI disability case is regulated by the Social Security Administration and by Congress. Therefore, there is no negotiation as to how much the maximum fee can be.

All Social Security representatives, including disability attorneys and non-attorney disability representatives, are entitled to receive 25 percent of a claimant's back payment for a case that they win.

However, there is a maximum amount that the fee can reach. Currently, that maximum is set at $6000.00

The representation fee is only paid in the event that a case is won. Fortunately, this means that there is no issue of affordability when it comes to seeking representation. As the fee is only paid after a case has been won, there are basically no initial costs. This is very different from other types of cases in which significant upfront retainers are often charged.

Are there other expenses that may be charged by a social security attorney or representative? Yes, aside from the actual representation fee which is regulated, attorneys and representatives can charge for a wide variety of "incidental expenses", even including postage for mailing documents. Most, though, will only charge to be reimbursed for the cost of gathering updated medical records.

When you choose a representative, you will be asked to sign a SSA-1696 form which will designate that individual as your chosen representative. You will also be asked to sign several medical release forms and a fee agreement. The ability of an attorney or representative to charge for any other expenses must be specifically indicated in the fee agreement. Therefore, you should read your fee agreement thoroughly so that you will be aware of any other additional charges that might be incurred.

Return to: SSDRC, or the Questions, Answers, Tips, and Advice page

Individual Questions and Answers

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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