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

How does social security figure out how much you should pay your attorney?

I recently came across a question I've not seen before. The question was "How does social security figure out how much you pay your attorney if you get a monthly payment and not a lump sum?"

Well, let's start with how a disability attorney is paid in the first place for representation on a disability case.

1. There is no fee for representation that may be payable to a disability attorney or to a disability representative unless the case is won (bear in mind, however, when you sign your fee contract with your representative that there are usually expenses that the representative must be reimbursed for regardless of whether the case is won or lost).

2. The fee for representation is equal to 1/4 of the back pay benefits that a claimant is due to receive. However, the fee can never exceed a certain maximum amount. Prior to mid-2009, the maximum fee that a disability attorney or representative could receive was $5300.00; from mid-2009 forward, the maximum fee that could be received was raised to $6000.

Now, by listing these two pieces of information, we've answered the question of how the social security administration determines the amount of a fee that is payable to a disability attorney or representative.

Of course, if a person is awarded disability benefits and there are no back pay benefits, there will simply be no fee that can be paid to the disability attorney or disability representative.

However, in most cases there are back pay benefits available. This is usually the case because disability cases that enter into the appeal process typically drag on for long periods, making back pay a given.

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

Related pages:

Disability requirements, eligibility, criteria
What is the Application Process for Social Security Disability and SSI?
How long does it take to get a disability approval letter?
Disability requirements and how to file in Illinois
Social Security Disability hearing decision time
Decisions on disability applications, fully and partially favorable
How do you get Social Security Disability?
Steps for Filing a Social Security Disability Claim
What Happens When You File an SSI or Social Security Disability Application?
How do you Apply for SSI?
What medical conditions do they Award Disability Benefits for?

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 provide answers to basic questions about pursuing disability benefits

What Mental Problems Qualify for Disability?
Disability for a mental condition
Tips for Filing for disability
Financial Help Filing For Disability
Checklist for filing for disability, SSI or SSD
Qualifying for disability benefits, how to qualify for SSD or SSI
Filing a disability application: the steps
Disability award notice, how long it takes to get benefits
How to Apply for Disability - Where do I go?
What makes you eligible to get disability?
How to check my disability claim status?
Can a disability attorney speed up a disability case?
SSI disability Award Letter
How long to get approved for disability?
How to apply for disability benefits
How long does disability back pay take?
What are qualifications for getting disability?
What medical conditions can you file disability for?
Disability Lawyer help questions
Social Security Attorneys, Disability Representatives