Attorney Fees and Cost of a Lawsuit

SSDI Attorney Fees and SSI Attorney Fees

What will be the attorney fee for your Social Security Disability Insurance claim or your Supplemental Security Income claim?

First, please know that you will never pay our fee out of your own pocket. Also, there is a cap on attorneys fees as regulated under the Social Security Act.

How does it work?

Here’s how it works:

When you engage an attorney for your claim, whether it’s for SSI or SSDI, you must sign a fee agreement. This allows the Social Security Administration (SSA) to pay your attorney if the claim is approved. Such fee agreements are on a contingency basis, which means your attorney only gets paid if your claim is approved. If your claim isn’t approved, your attorney receives no fee.

Under this contingency fee agreement, your SSDI or SSI attorney will be paid 25 per cent of the back payments (or past-due benefits) you’re granted for your claim, with a cap of no more than $6,000 for the attorney.

Back payments involve the money you are owed on your claim for a time span starting at a set date before you receive your first payment. If no such back payments or past-due benefits are awarded on your claim, then your attorney will not receive a fee.

And again, you won’t pay an attorney fee out of your own pocket. The SSA will pay it from the amount you are awarded if — and only if — your claim is approved.

For SSI, the back payment period begins on the date you filed your claim or application for SSI benefits. If you filed your claim 18 months before it was approved, you’ll be paid such past-due benefits for the entire 18 months, plus ensuing benefits from that approval date forward.

For SSDI, as a general rule, the back payment period begins with the date of your disability’s onset, and not the filing date. However, the SSA allows a maximum of only 12 months from the date of your application as a back payment period for SSDI

That is, if the SSA determines you became disabled 18 months before your claim was approved, you’ll receive back payments covering only the final 12 months of that time.

The important thing is that your attorney fee will be capped, or limited, and you will never pay our attorney fee out of your own pocket. We are paid directly by the SSA, and only if we win your case.

Need to know more?

We’ll be happy to help. Just call or write us, using our free case review form, and we’ll get back to you promptly with answers for your questions.

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