A Social Security disability lawyer can charge fees of up to 25% of your back-due disability benefits, but only if the Social Security Administration approves. The amount cannot exceed the Social Security Administration’s dollar limit, which is adjusted annually. The 2025 limit is $9,200.
There is no upfront cost for hiring an SSDI disability lawyer, and no obligation to pay unless your claim is approved and you receive back pay. If you have worked and paid into Social Security and have a disability, you deserve the benefits that are often wrongfully denied. Contact us today for a free consultation.
Understanding How Disability Lawyers Charge
Social Security disability lawyers do not charge hourly fees. Instead, they charge a percentage of your back pay based on an agreement you and your lawyer sign ahead of time, known as a contingency fee agreement. The Social Security Administration must approve the fee agreement.
Contingency Fee Explained
A contingency fee is a payment arrangement in which your legal fee is a pre-agreed percentage of your back pay. If your claim is denied or you do not receive back pay, the attorney gets nothing. Contingency fee arrangements incentivize lawyers to provide skilled representation and provide peace of mind until your claim is approved.
How Much Does a Disability Lawyer Cost in 2025?
The maximum amount an SSDI disability attorney can charge in 2025 is 25% of your backpay or $9,200, whichever is less. However, the Social Security Administration must review the fee agreement and approve the amount. Social Security will consider the amount of work and skill required of the lawyer and could require the lawyer to lower the fee. The purpose of the approval process is to ensure the lawyer does not receive a windfall.
A contingency agreement may specify a higher contingency fee if your claim is approved on appeal. However, the fee cannot exceed the legal limit. For example, a contingency agreement might specify a 20% contingency fee if your claim is approved on the initial application or during reconsideration, but the fee increases to 25% if the claim is approved at a higher level of appeal.
Examples of How Fees Are Calculated
Below are two scenarios to illustrate how your legal fee would be calculated if your contingency fee is 25% in 2025.
| Backpay: $5,000 | Backpay: $30,000 |
|---|---|
| $5,000 X 25% = $1250 | $50,000 X 25% = $12,500 |
| $1,250 is not greater than $9,200 | $12,500 is greater than $9,200 |
| Your fee: $1,250 | Your fee: $9,200 |
Are There Any Upfront Fees or Hidden Costs?
The contingency fee is separate from costs, such as medical record retrieval fees. Your contract will specify how costs are handled. Most lawyers will not expect you to pay costs up front. At Disability Advice, we partner with lawyers who pay costs out of their own pockets and collect them from the back pay, along with their fees. They absorb the loss if your claim is denied. We value transparency and will explain the costs upfront, before you sign the contingency agreement, so you can make an informed decision and avoid unpleasant surprises.
Why Hiring a Disability Lawyer is Worth the Cost
The cost of a Social Security disability is often far less than the cost of having a claim denied. You could lose out on thousands of dollars in benefits, even if your claim is eventually approved during the appeal process. A disability lawyer can help you avoid the common mistakes that lead to denials and give you the best odds of approval.
A lawyer can also confirm your eligibility, handle the paperwork, gather the medical evidence you need, and represent you at hearings if your claim is denied. At Disability Advice, we will help you understand the process and help you access everything you need for a successful claim.
Higher Success Rates With Representation
According to a 2017 study by the Government Accountability Office, people with some form of representation, whether a lawyer or a non-lawyer, have almost three times the odds of being approved. In 2021, the National Bureau of Economic Research conducted a study on attorney representation, finding that a disability lawyer increased the approval percentage rate by 23 points. This nearly doubled the odds of approval, raising it from 32% to 55%.
Saving Time and Stress
The claims process is time-consuming, and the paperwork can be overwhelming. The application requires detailed information about your work history, job skills, medical history, daily activities, limitations, and more. You must also provide extensive documentation as evidence that you have a qualifying condition.
Even after all that work, the Social Security Administration could request more information, require you to attend a physical examination, or deny your claim. A knowledgeable disability lawyer can simplify the process and help you get approved the first time.
Can I Afford a Disability Lawyer If I Don’t Win My Case?
Since disability lawyers work on a contingency fee basis, you pay nothing if your claim is denied. Most disability lawyers will cover your out-of-pocket costs without requiring reimbursement from you unless you receive approval and back pay.
Disability Lawyer Cost vs. Value
Hiring a disability lawyer is not an expense, but an investment. It can save you many times more than the legal fees by helping you receive an approval in the shortest time possible.
Frequently Asked Questions About Disability Lawyer Fees
What Percentage Does a Disability Lawyer Take from Back Pay?
A disability lawyer’s fee cannot be higher than 25% of your backpay, up to the maximum dollar amount for the year, which is $9,200 in 2025. The Social Security Administration must approve the fee, and the amount authorized may be lower than the maximum. A disability lawyer is also entitled to collect out-of-pocket costs paid on your behalf, such as the cost of obtaining medical reports.
Do Disability Lawyers Get Paid from My Monthly Benefits?
No, a disability lawyer cannot collect fees from your monthly benefits. Attorney fees must be paid from your back pay, which you typically receive as a lump sum.
What Happens if I Switch Lawyers During My Case?
If your former lawyer has an approved fee agreement and does not waive the fee, you or your new lawyer must notify the Social Security Administration about the change. Both lawyers may need to petition Social Security to determine how the fees should be divided. Your total legal fees must still stay within the 25% limit and the dollar limit for the current year.
Can the SSA Fee Cap Ever Change?
Yes, the dollar cap is adjusted annually for inflation. In 2025, that amount is $9,200, but it could increase in future years. However, the 25% fee cap remains the same, unless the federal government changes the law.
Do Veterans’ Disability Lawyers Charge the Same Fees?
No, VA Disability lawyers cannot charge any fees for assisting with an initial application. If you need to file an appeal, a lawyer can charge up to 33⅓% of the past-due benefits. However, the attorney must apply for VA approval with clear and convincing evidence that the fee is reasonable before charging you fees.
How Much Does a Disability Lawyer Cost? Get Help Today
Hiring a disability lawyer gives you the highest approval odds in the shortest time with no downsides. Social Security disability lawyers work on a contingency fee basis, so you pay nothing up front. In most cases, your lawyer will pay the costs of preparing and filing your claim, and you owe nothing unless your benefits are approved with back pay. If your claim is approved, you pay a reasonable legal fee approved by the Social Security Administration, which can never be more than 25% of your backpay.
We are your trusted SSDI resource, dedicated to taking the stress out of the SSDI claim process. Contact us today for a free consultation.
