How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay

The Social Security Disability Representation Fee and What a Lawyer is Paid

Disability lawyers are entitled to be paid up to 1/4th of an individual’s back pay, and the amount of the fee for representation is currently capped by the Social Security Administration at $6,000. This fee is not a retainer; it is awarded to the attorney contingent upon if he wins the case. In other words, if he loses the case, he cannot collect a fee (other than incidental expenses included in the fee agreement.)

Social Security has raised the maximum allowable fee over the past 10 years from $4,000 to $6000. However, if you win, you do not necessarily pay the maximum. For instance, if the total back pay is $20,000, your attorney is entitled to collect only $5,000; if your total backpay is $1,200, your attorney can collect only $300, and so forth.

On the other hand, as previously noted, most attorneys and non-attorney reps will include incidental expenses in their fee agreements, perhaps charges for copying, obtaining medical records, travel, etc., so be sure to read any fee agreement carefully before signing it. Incidental expenses are due regardless of a claim’s outcome.

If at any point during your case you become dissatisfied with your legal representative, you can usually let him go without financial penalty, unless of course you do this right before your hearing, after he has presumably done a considerable amount of preparation and leg work.

If you wait until the eleventh hour to switch representatives, your prior attorney will be more likely to dispute the fee (although, in all candor, it would be up to the attorney who is being discharged to decide whether or not he will file a fee petition, which is a claim for a portion of the representation fee, based on the work that he has performed on the case up to the time of the attorney's discharge).

You may wish to check in with your attorney regularly for status updates on your case to determine if you are indeed satisfied with your representation. Switching attorneys is best done well in advance of the actual hearing.

Granted, some people decide not to obtain legal counsel of any sort before their hearing; legal representation is not required at any stage of the disability process. Yet, while the idea of keeping all the back pay is understandably attractive, claimants are strongly cautioned that, according to government statistics, those who are represented by an attorney at an SSD or SSI hearing are about 50% more likely to win a case at the hearing level versus claimants who are not represented.

Given the fact that it can take up to two years to get the opportunity to appear before a disability judge (due to backlogs in the system), and the fact that, should you lose your case you usually have no choice other than to give up or to start all over again with a new claim, it makes little sense to go before a judge without adequate preparation, which usually implies legal assistance. The stakes are simply too high at this level of representation to take any unnecessary risks.

Essential Questions

What is the Social Security Disability SSI list of impairments?

Can you work while getting or applying for Disability?

How Often Does Social Security Approve Disability The First Time You Apply?

Tips for getting Social Security Disability or SSI benefits approved

What medical conditions will get you approved for disability?

What kind of Mental Problems Qualify for Disability?

Receiving a Disability Award Letter

Conditions Social Security will recognize as a disability

Previously answered questions regarding SSD and SSI

Applying for disability in your state

Most popular topics on SSDRC.com

Social Security Disability SSI Questions

The listings, list of disabling impairments

Can a mental illness qualify you for disability?

Disability Lawyers prevent unnecessary denials

How much Social Security Disability SSI back pay?

How to apply for disability for a child or children

Filing a Social Security Disability SSI application

Filing for disability - when to file

How to apply for disability - where to apply

Qualifications for disability benefits

How to Prove you are disabled and Win your Disability Benefits

Qualifying for Disability - The Process

How to get disability for depression

Getting disability for fibromyalgia

SSI disability for children with ADHD

What is the Application Process for Social Security Disability and SSI?

Common Mistakes to avoid after being denied for Disability

Social Security Disability SSI Exam tips

More Social Security Disability SSI Questions

Social Security Disability SSI definitions

What makes you eligible for Social Security Disability or SSI?

New and featured pages on SSDRC.com

Who can help me file for disability?

Related pages:

How do you get proof of your disability from your doctor?
When does Social Security send you for a neurological exam?
Should I get representation for my disability hearing?
How much does a Social Security Disability attorney get paid?
Does Social Security pay the Disability Attorney fee?
What is the maximum fee a Social Security Disability attorney can charge?
What Can A Disability Lawyer Charge For Their Services - Fees and Expenses?
What Expenses Will A Social Security Attorney Charge In Addition To The Fee?
The Social Security Disability Representation Fee and What a Lawyer is Paid
If You Are Represented For Social Security Disability or SSI, When Do You Pay The Fee?
How does a Social Security attorney get paid?
How do Disability Lawyers in North Carolina get paid their fees?
SSDI and divorce, will my SSDI increase?
Getting a Disability Lawyer in Pennsylvania
If you apply for disability in Pennsylvania
Will I qualify for disability Benefits in Pennsylvania?

These pages answer some of the most basic questions for individuals who are considering filing a claim.

Can you get temporary Social Security Disability or SSI benefits?

Permanent Social Security Disability

What is the difference between Social Security Disability and SSI?

Who is eligible for SSI disability?

Can I Be Eligible For SSI And Social Security Disability At The Same Time?

What makes a person eligible to receive disability benefits?

Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?

What happens if I file a disability application and it is denied by a disability examiner or Judge?

For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.