Social Security Disability Resource Center

Overview | How to Qualify | Applications
Requirements | How long it takes | Back Pay
Mental Disability | What is a disability? | Tips
SSI Benefits | How to Win | Disability Awards
Hearings | Appeals | List of Disabling Conditions

How Much Are The Fees For A Disability Attorney In California?




 
If you have a disability claim pending at any level of the Social Security or Supplemental Security Income disability process in California, it is inevitable that you might want to consider obtaining representation through a competent disability attorney or non-attorney disability representation to help win your disability claim.

Regardless of which type of representative you choose to handle your claim, that individual should be someone who specializes in Social Security Administration disability claims (meaning claims filed under the title II SSD or title 16 SSI program). In other words, you do not want a generalist but someone whose only focus is on Social Security Administrative law.

The clear inference is that you will want to avoid an attorney who handles many different types of cases (traffic, bankruptcy, wills and estates) since that individual will is not likely to be strongly familiar with the code of federal regulations as they apply (title 20) to adjudicating Social Security claims.

You can obtain the services of a disability representative or lawyer in California at any time during the life of your disability claim; however representation should always be in place at the disability hearing appeal level. This is true in California or any other state.

Social Security disability hearings are held in front of an administrative law judge in a court room albeit an informal court room. A representative who knows Social Security disability medical and vocational guidelines will be able to present your disability case in a manner that is most favorable to your being approved for disability benefits. There is enough statistical data to indicate that disability claimants who are represented are more likely to be approved for disability benefits at their disability hearing than those who are not.

The fee for representation

Of course, you want your disability claim to have the best chance of being approved, but like so most other disability claimants you may not have the money to pay retainers or attorney fees. Fortunately, Social Security has determined that all disability claimants should have the opportunity to have qualified representation for their disability claims.

To that end, they do not allow Social Security disability representatives to charge any kind of upfront fees or retainers. They limit the amount of any potential fee to 21% of your disability back payment of benefits up to a maximum of $6000.00.

If 21% of your past-due benefits does not allow your representative to collect the maximum $6000.00 fee, your representative is also allowed to receive 21% of the past-due benefits that are paid to your dependents (i.e. spouse and children). Again, though, the total cumulative fee that is paid to the disability attorney or disability representative cannot go over the $6000.00 limit.

The fee paid to disability representatives is similar to a contingency basis, meaning your disability claim must be approved for the representative to receive pay for their services. In fact, they are not permitted to request a fee from you if your disability claim is denied.

This does not however prevent your disability attorney or representative from charging you for any expenses they incur while representing your disability claim. These expenses are known as out of pocket expenses; for example, they might include charges for medical records, copying, postage, etc.

Social Security generally withholds twenty-five percent of your disability back payment until they pay your representative. However, even if your representative’s fee is withheld and paid by Social Security, you are still obligated pay any out of pocket expense you agreed to pay when you signed your fee agreement.

These expenses are paid separately from the representation fee. Most often your attorney or representative will bill you for any out of pocket expenses incurred during your disability claim whether you win or lose your case. Again these issues are should be plainly addressed in the fee agreement you sign with your attorney or representative.








  • What medical conditions will get you approved for disability?

  • What kind of Mental Problems Qualify for Disability?

  • Which conditions will social security recognize as a disability?

  • Tips for getting Social Security Disability or SSI benefits approved







  • SSDRC Homepage:

    Social Security Disability and SSI Resource Center



    The Most Basic questions about Getting Disability Benefits

    Social Security Disability SSI and whether or not you can work

    Common Mistakes to avoid after being denied for Disability

    Social Security Disability SSI Questions and Answers

    More Social Security Disability SSI Questions and Answers

    Common Questions about Social Security Disability and SSI

    Winning Social Security Disability or SSI Benefits

    The SSI Disability Benefits Program

    Social Security Disability SSI and Doctors - Yours and Theirs

    Social Security Disability and SSI Claim Reviews

    Social Security Disability SSI System and Benefits for Children




    Denials, Appeals, and Getting a Disability Lawyer or Representative

    What you should know about Social Security Disability and SSI Denials

    Questions about Disability Lawyers and Hiring a Disability Attorney




    Various Types of Benefits including SSI, Mental, and Child benefits

    Social Security and SSI based on Mental Disability

    Social Security Disability or SSI Benefits for Children

    Disability Benefits through Social Security




    Filing for Social Security Disability or SSI Benefits

    Social Security Disability SSI: Medical Evidence and Records

    Filing your claim for disability benefits

    Eligibility for receiving disability benefits




    Resources on this site

    Social Security Disability, SSI Terms and Definitions

    Previously answered questions regarding SSD and SSI



    The SSDRC Disability Blog




    For Individuals living in North Carolina

    Disability in North Carolina

    North Carolina Disability Lawyer

    Getting disability in North Carolina








    Filing for disability in California

    How do I Apply for Disability Benefits in California

    How long should you wait before you apply for disability?

    SSD and SSI applications in California

    What do you do if your California disability claim is denied?

    Do you file for your children when you apply for disability in California?

    Should you apply for disability in California after a denial?

    How long does a disability case take in California

    After you file for disability in California

    Filing for disability in California and your condition

    Filing a disability claim in California, long filing process




    The California disability process

    Do I need to be disabled a year in California to get disability?

    The Social Security Disability process in California

    California Disability determination process

    Disability approval criteria in California

    California Social Security Disability decisions

    Steps to Win Social Security Disability benefits in California




    Questions about disability in California

    How much can you make in California and still apply for disability?

    California Social Security Back Pay

    Can Disability benefits be garnished in California?

    Disability two year medicare waiting period in California

    California review of Social Security Disability claim

    California Social Security Disability status

    VA disability and California Social Security Disability

    Can a Congressman in California help on a disability case

    How do examiners make disability decisions in California?

    Applying for disability benefits in California




    How long does disability take in California?

    How long does it take to get a decision on a disability case in California?

    Why do disability claims take so long in California?

    How Long Will It Take To Get My Disability Decision If I Appeal in California?




    Disability claims in California with certain conditions

    Applying For Disability On the Basis of Back Pain in California

    Filing for Disability with Fibromyalgia in California

    Social Security Disability For Mental Illness in California




    Winning California disability

    Will a lawyer improve the chance to win disability in California?

    Getting approved for disability in California

    Winning disability in California




    California Disability Lawyers and Representation

    Getting a disability attorney in California

    Finding a new disability attorney in California




    Applying for SSI in California

    Filing for SSI disability in California

    SSI disability denied in California

    Are SSI claims in California denied more than SSDI claims?

    How to apply for SSI Disability in California




    Doctors, medical records, and medical exams

    Doctors and applying for disability in California

    Can you be turned down for disability in California if your doctor says you are disabled?




    Disability hearings in California

    Disability Hearings in California

    California quick disability hearing

    How do I win my Social Security Disability Hearing in California?

    How long does it take to get a disability hearing in California?




    Disability denials in California

    Disability Denied in California

    If a disability claim is denied in California

    Appealing a Social Security Disability denial in California

    If you get denied Social Security Disability in California

    Why are Most Disability Cases Denied in California?

    Getting approved or denied for disability in California




    Disability appeals in California

    How do you file a disability appeal in California?

    How many disability appeals do you get in California?

    If your California disability appeal is denied, can you get another appeal?

    If your disability reconsideration is denied in California

    Filing a reconsideration appeal in California

    Why was I denied disability in California?




    Qualifying for disability in California

    Qualifying for disability in California

    Qualify for SSD in California

    Will I Qualify For Disability Benefits in California?




    Disability lawyers in California

    Using a Social Security Disability Attorney in California

    Cost of a California disability attorney

    Why do disability lawyers in California sometimes not take cases?

    Hiring a Disability Lawyer in California

    Social Security Disability Attorney Fees In California

    How do Disability Lawyers in California get paid their fees?

    Should you get a disability lawyer before you get denied in California?

    Lawyer for a disability hearing in California

    Why was I denied disability in California?