Overview of Disability
Disability Back Pay
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
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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
SSD SSI Definitions
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Does the fee for a disability lawyer fee have a cap?
The lawyer I am considering hiring wants me to pay 25% of back-pay with no cap if I win at any step after my case has been to the appeals council for the first time (i.e., if I win in federal court , or I win at any time after a federal court or appeals council remand.)
Furthermore, the contract does not limit my attorney's right to file a fee petition if there are no back benefits payable. Is this normal?
For those who are unaware, I will point out that a disability attorney or non-attorney representative is paid by receiving a percentage of a claimant's back pay. So there is no fee payable to a representative unless the case is won which is beneficial to disability claimants because it makes it easier to obtain representation as they do not have pay anything upfront to get assistance on a claim.
That percentage is currently 25 percent of whatever back pay the claimant receives. However, it cannot exceed a certain maximum. That maximum has changed several times over the last twenty years and the following pages provide the current amount and other relevant information:
How much does a Social Security disability attorney get paid?
What Expenses Will A Social Security Attorney Charge In Addition To The Fee?
Now, to answer your question:
In reading the SSA regulations, it appears that this may very well be normal. You do not have to take your claim to Federal Court, you could file a new disability claim and go through the process again. The protected maximum on a fee agreement appears to end at the Appeal Council. Go to Google and search the reference below.
GN 03920.060 Attorneys’ Fees for Representation in Proceedings Before a Court
Hope this helps you.
Return to: Social Security Disability Resource Center, or read answers to Questions
Can a disability lawyer or representative charge an hourly fee for just helping to file the claim?
How much does the fee cost for a disability attorney in North Carolina?
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
How do I check the status of my Social Security disability claim?
Can you get temporary Social Security disability or SSI benefits?
How do you Win Benefits under Social Security Disability or SSI?
Can I Be Eligible For SSI And Social Security Disability At The Same Time?
How long does it take to be approved for SSI or Social Security disability?
The Difference Between Social Security Disability (SSD) and SSI – How are they different Part II