Overview of Disability

Disability Back Pay

Disability Requirements

Disability Applications

Disability Advice Tips

How long do cases take?

How to win Disability

SSD Mistakes to avoid

Disability for Mental

What if you get denied?

How to file Appeals

Disability through SSA

SSI Disability Benefits

Disability for Children

How do I qualify for it?

Working and Disability

Disability Award Notice

Disability Lawyer Q&A

Disability Conditions List

What is a disability?

Your Medical Evidence

Filing for your Disability

Disability Eligibility

SSD SSI Definitions

Recent Questions

SSDRC Disability Blog

Do You Pay A Disability Attorney When You Are Approved?

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.

Return to:  Social Security Disability Resource Center, or read answers to Questions

Related pages:

How much does a Social Security disability attorney get paid?
You can qualify for disability based on epilepsy in two separate ways
How will an attorney help me win disability benefits?
How to update your Social Security Disability or SSI claim
Why do I need an attorney for Social Security disability?
Can a disability attorney speed up my disability case?
Using a Lawyer for an SSDI Disability Case

Information on the following topics can be found here: Social Security Disability Questions and in these subsections:

Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI

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

Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
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?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria