How Much Does a Disability Lawyer Cost?
Disability lawyers generally cost around 25% of your first disability payment, including back pay, up to a $9,200 limit. However, this limit can increase based on your Social Security disability case's length and appeal level.
Getting approved for Social Security disability benefits isn't easy. A single mistake can lead to months of delays or even a denial. To secure benefits as quickly as possible, you must file your claim correctly, provide strong medical evidence, and be ready to appeal if necessary—all while managing your medical condition.
The good news? You don't have to do it alone. Studies show that working with a disability lawyer can triple your chances of approval. With their help, you can get the benefits you need while you focus on taking care of yourself.
But how much does it cost to get expert legal help?
Disability Lawyer Fees Explained
Unlike many lawyers, disability attorneys work on a contingency fee basis, meaning they only get paid if you win your case. This fee comes from your back pay—past-due benefits you've accrued since becoming disabled.
The standard fee for disability lawyers is 25% of your back pay, which is currently capped at $9,200 by default. However, in some instances, that maximum limit can increase.
For example, if your back pay is $10,000, your lawyer fees would be $2,500. It also means your back pay must exceed $36,800 to pay the maximum fee.
How Back Pay Works
Back pay is a lump sum of Social Security Disability Insurance (SSDI) benefits you haven't received yet. It starts when you become disabled and extends to when the Social Security Administration (SSA) approves your claim. Because claims can take many months to process, your first payment will include all back pay benefits owed from previous months when you were eligible to receive benefits.
Want to see how much you could receive in back benefits? Check out our SSDI back pay calculator for an estimate.
Additional Expenses to Consider
While your lawyer's fee comes from your back pay, there are some additional out-of-pocket costs you might need to cover.
Medical Records and Documentation
To strengthen your case, your lawyer may request medical records, tests, expert opinions, or doctors' statements. Some medical providers charge fees for these documents, which you may need to pay yourself or reimburse your attorney for.
Complex Cases
While most disability cases follow the standard 25% back pay fee structure (capped at $9,200), attorneys may charge more for cases that are more complex, time-consuming, or reach higher hearing levels.
Some cases where attorneys might request an increased fee cap for their legal services include:
Multiple Hearings: Not all cases are approved after the first Administrative Law Judge (ALJ) hearing. If you receive a denial, your attorney may need to request another hearing, submit additional evidence, or bring in expert witnesses to strengthen your case—all taking additional time.
Appeals Council Review: If the ALJ denies your claim, your lawyer can escalate the case to the Social Security Appeals Council. Here, they'll carefully analyze the judge's decision, draft a legal argument for reversal, and prove that an error was made in handling your case, requiring additional time and effort.
Federal Court Lawsuits: If the Appeals Council upholds the denial, the final step is filing a lawsuit in federal court. Federal lawsuits can take a lot of time, include multiple hearings, and require additional filings, which can add up to significantly more time than the average Social Security disability claim.
Cases Involving Multiple Lawyers: If you switch Social Security lawyers in the middle of a case or your law firm assigns multiple lawyers to your case, the limit for your case still applies. However, they may request a higher attorney's fee to cover the extra work required to take over the case or additional time spent by multi-lawyer teams.
Fortunately, before your SSD lawyer can charge more than the legal limit, they need to make their case and get approval from the SSA.
Benefits of Hiring a Disability Lawyer
Filing for Social Security disability benefits can feel overwhelming. Between gathering medical records, filling out complex forms, and meeting strict deadlines, it's easy to make mistakes that could delay or even jeopardize your claim.
Here's why it pays to invest in an experienced disability lawyer:
Increased Chance of Approval
More than 62% of initial disability claims are denied—many due to small mistakes like missing paperwork or incorrect information. Legal representation ensures your disability application is complete, accurate, and well-documented—giving you a 3x higher chance at approval than filing alone.
Guidance Through the Legal Process
It's easy to get overwhelmed by the disability process. It's complicated and has strict requirements, tight deadlines, and months-long waits between updates.
A lawyer handles the application process, communicates with the Social Security Administration, and keeps your case moving forward, allowing you to focus on your health without sacrificing your Social Security benefits.
Handling Appeals and Hearings
If the SSA denies your initial application, you'll enter the legal-focused appeals process. Without disability law experience, it's hard to stand before legal experts and win your case.
With a lawyer by your side, you can present a stronger case, present compelling legal arguments, and explore every available opportunity to challenge a denial.