Hiring a Social Security Disability attorney can make a significant difference in the outcome of your claim. From explaining complex laws to effectively representing you in hearings, an attorney provides invaluable support. You’ll want to know, “How much is a disability lawyer going to cost me?” Following is a breakdown of the cost of hiring an attorney and an explanation of what a disability lawyer does.
What Does a Disability Lawyer Do?
A disability lawyer helps clients obtain Social Security Disability (SSD) benefits. Although the choice to hire an attorney is yours, working with a disability lawyer may increase your chances of obtaining benefits. Here’s what they typically do:
- Review Your Case — A disability attorney can evaluate your case’s strengths and weaknesses during a free consultation, providing you with an honest assessment of your chances.
- Prepare Your Application — The Social Security Administration (SSA) will deny your claim if there are errors or incomplete information is provided. An attorney can ensure that your application is correctly filled out and the accompanying documentation is complete.
- Gather Medical Records — A disability attorney will collect and organize the necessary medical records and other evidence to support your claim.
- Communicate with the SSA — A disability lawyer will handle communication with the SSA, interpret their responses for you, and ensure you meet all deadlines.
- Appeal a Denied Claim — If the SSA turns down your claim for disability benefits, an attorney can represent you in appeals and hearings.
Do I Need a Disability Lawyer?
Statistics show that claimants represented by lawyers have a higher claim approval rate. According to the General Accounting Office (GAO), applicants with representation are more likely to receive benefits than those who do not. There are other benefits of working with a disability lawyer:
- Medical Condition Interpreter — A lawyer can explain complex medical conditions clearly to the SSA. They may consult expert witnesses to obtain reports that support your claim.
- Legal Professional — SSD laws and regulations are complex and subject to change. An experienced attorney understands these laws and will use them to build your claim for the best possible outcome.
- Experienced Communicator — An attorney can present your case effectively, highlighting key medical evidence and addressing any weaknesses in your application.
- Compassionate Advocate — A disability lawyer will work for you, not the government, with the goal of securing the disability compensation you need.
- Stress Reliever — Applying for SSD is exhausting and time-consuming for individuals with a long-term illness or injury. Knowing that a qualified attorney is taking care of the details can relieve your stress, which can often aggravate physical and emotional injuries.
The Basic Fees on Social Security Disability Cases
You should understand how much a disability lawyer charges for handling your claim. Each law firm is different, but the following is a common breakdown of costs:
- Disability lawyers work on a contingency fee basis, which means they only get paid if they win your case. The standard fee is 25 percent of your back pay.
- Most disability lawyers charge separately for out-of-pocket expenses, such as ordering medical records or arranging expert testimony.
- Many disability lawyers offer a free initial consultation with no obligation.
What Is the Maximum Attorney Fee for Social Security Disability?
The SSA regulates the fees that disability lawyers can charge to ensure that legal costs remain fair and reasonable for clients. Under federal law, the maximum attorney fee is capped at 25 percent of your back pay or $7,200, whichever is less. For example, the maximum attorney fee for SSD might look like this:
- You hire an attorney to recover back pay of $20,000. If successful, the lawyer’s fee would be 25 percent, or $5,000.
- If your back pay is $40,000, the law caps the attorney’s fee at $7,200 because that is less than 25 percent, or $10,000.
- There are no attorney fees if the SSA denies your disability claim. However, some firms may charge separate fees, such as the cost of obtaining medical records or diagnostic test results. At Ryan Bisher Ryan & Simons, if we do not collect benefits for our clients, we do no seek reimbursement for these expenses.
Basic disability attorney fees cover the lawyer’s services, including initial consultations, application assistance, evidence gathering, and representation in hearings. The fees are based on the amount of back pay you obtain. “Back pay” is the benefits owed you from the time you became disabled to the time you were approved for benefits.
Back pay is divided into low, middle, and high and depends on both the amount and the complexity of your case:
Low Back Pay
Low back pay usually indicates that the SSA approved your claim relatively quickly, or there was only a short time between becoming disabled and getting approval. The case might have been straightforward, with clear medical evidence and fewer complications. Many low back pay claims result in a 25 percent lawyer fee because the amount would not reach the $7,200 cap.
Middle Back Pay
Middle back pay suggests a moderate waiting period from the time of disability to the approval of benefits, typically spanning several months to a few years. The case may be moderately complex, possibly requiring additional documentation or an appeal process. Typically, a middle back pay triggers the $7,200 fee cap.
High Back Pay
High back pay indicates a lengthy period from the onset of disability to the approval of benefits. This can occur if there was an initial denial that generated multiple appeals. These cases often involve complicated medical conditions, extensive documentation, and perhaps several appeals or hearings. Even if the back pay is high, $50,000, for example, the fee cap of $7,200 remains.
Contact Our Social Security Disability Lawyers for a Free Consultation
At Ryan Bisher Ryan & Simons, we never request an attorney fee in a disability claim unless you are approved and receive disability benefits.
If you’re considering applying for SSD benefits or fighting a denial, our Social Security Disability attorneys can provide significant benefits. At Ryan Bisher Ryan & Simons, we’ve recovered nearly half a billion dollars in settlements and verdicts, including Social Security Disability claims. We are a hometown Oklahoma law firm that prides itself on treating clients like we would treat our own neighbors, friends, and family.
It would be our honor to fight for you or a loved one who needs the financial security of Social Security Disability benefits. Contact Ryan Bisher Ryan & Simons for a free initial consultation with a Social Security Disability lawyer.
This post was originally published in May 2021 and has been updated for accuracy and comprehensiveness in August 2024.
We are Ryan Bisher Ryan & Simons, a legal firm that, for decades, has been fighting for the rights of hardworking Oklahoma residents. Our mission is to hold the powerful accountable.
