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Cost of Attorney in Social Security Disability Claims

Vance Jennings

Attorney

Posted by Vance JenningsMay 08, 2007 1:31 PM

Tags: Social Security, Long-Term, Short-Term Disability

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The Social Security Administration (SSA) must approve all fees charged by attorneys. However, attorneys can and do charge in different ways.

Generally, attorneys do not get paid unless they win your case and you receive benefits. In Social Security cases, federal statutes limit attorneys fees to 25% of back benefits or $5,300, whichever is less. Typical fee contracts may require the client to pay for the cost of medical records, doctor's reports and other costs.

Clients don't have to pay the attorney from the backpay lump sum they receive. This is because SSA witholds 25% of past-due benefits payable to you and your family and they use this to pay your attorney.

If benefits are awarded but there are no back benefits, billing practives may vary. But, SSA must still approve the fee.

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