Social Security (SS) disability benefits are available to people who suffer a medical condition, an illness, or a disease that makes it impossible for them to work for more than a year. You might be able to get by without a paycheck for a short time.
If your medical condition becomes a long-term disability, it’s vital to have a steady income you can depend on to pay for the expenses of everyday life. SS disability benefits provide financial support and critical assistance, regardless of whether you’re dealing with a short-term disability or a permanent one.
However, the reality is that only about 30 percent of individuals who apply for SS benefits receive approved claims. Even if you’ve paid into the SS system for many years or most of your life, 70 percent of applicants are denied. So it makes sense to hire a SS disability attorney to better ensure you receive an approved claim. Statistically, claimants who have legal representation when applying to SS have much better chances of winning their claims.
While hiring a disability attorney is a smart move, many people don’t do it because they’re worried about costs. Some believe lawyers charge high rates and bill for every minute they spend working on a case. But the Social Security Administration (SSA) has specific rules about how much disability lawyers can charge for services. Most will handle your case using a contingency fee agreement.
Understanding a Contingency Fee Agreement
When you choose to hire a disability lawyer, you’ll likely sign a contingency fee agreement. With this agreement, the SSA is given permission to pay for the services of your legal representation if your claim is approved. This arrangement means:
Your disability lawyer only gets paid when they win your case and fees are limited by law.
In both SSDI and SSI cases, by law payments to attorneys can be no more than 25% of back payments due and there is a cap on the fees which limits the amount of the fee. As of November 30, 2024, the fee cap amount is $9,200. (Like other disability payments, the cap fee amount is revised annually with a Cost-of-Living Adjustment. You can call or email our office for the current cap fee amount.)
You pay the lesser of 25% of back payments or the fee cap amount. A disablity attorney does not receive any percentage of future disability benefits.
Other Expenses
Although you don’t have to pay fees upfront to hire an SS disability attorney, you may be charged for some out-of-pocket expenses.
Each attorney handles the payment of these expenses a little differently. Some may ask for pre-payment of these expenses at the start—this is sometimes referred to as a retainer fee, and it's kept in a trust account to pay for expenses as they come up. Others may bill you once the case concludes.
It’s important to ask your attorney how he handles the payment of these additional expenses, which can include:
- Photocopying and postage for any and all medical reports and documentation that need to be sent from hospitals and other medical facilities.
- Medical opinions that detail your disability and help prove you’re unable to work.
Why You Need Cuddigan Law
If you need disability benefits from the SSA, hiring legal representation can be beneficial in getting your claim approved. At Cuddigan Law, we work on a contingency fee basis, which means you owe us nothing until or unless we win your claim.
The attorneys at Cuddigan Law have assisted thousands of clients by filling out paperwork, collecting medical records, calling doctors, and managing them through the SS application process. Contact us for a free case evaluation.
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