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Social Security Disability
Fees & Costs
Most attorneys who represent claimants in Social Security disability matters use the “fee agreement” process for getting paid. The fee agreement specifies that no fees are paid unless past due benefits are awarded. If past due benefits are awarded, the fee paid to the attorney is 25% of the past due benefits paid to the claimant (and any beneficiaries on his or her account), up to a maximum of $5,300.00.
For example, if the past due benefits are $10,000.00, the fee would be $2,500.00, 25% of $10,000.00. If the past due benefits are $100,000.00, the fee would not be $25,000.00, but would be limited to $5,300.00 because of the fee cap. No fee is due unless the claim is won and past due benefits are awarded. This fee cap can occasionally be increased by the Social Security Administration although it has not frequently happened.
If the attorney has performed extraordinary work, for example, by representing the claimant at two or more hearings, then the attorney can request that additional fees be paid. Typically, this does not occur and the fee usually is capped at $5,300.00.
The fee agreement also specifies that if the attorney advances costs, such as for medical records and reports, the claimant will reimburse the attorney for these costs at the end of the claim. Usually, these costs are not extensive.
If a claimant does not have to pay any fees or costs “up front,” and only owes fees if past due benefits are awarded, it creates a “win-win” situation.
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Transmission or receipt of this material, or any response to this website is not intended to, and does not create an attorney-client relationship or privelege of any kind. Allison E. Williams, Esquire, is licensed to practice law in Massachusetts & New Hampshire. If you have a legal problem originating in another jurisdiction, contact your local bar association.