How Do Disability Lawyers Get Paid? Fighting for Rightful Benefits

Living with a disability can present significant challenges, both physical and financial. If your disability prevents you from working full-time, you may be eligible for Social Security Disability Insurance (SSDI) benefits.

However, the application process can be complex and riddled with denials.

This is where a disability lawyer steps in—a skilled professional who fights for your right to receive the financial support you deserve.

How do disability lawyers get paid?

Disability lawyers typically work on a contingency fee basis for SSDI cases. Here’s what that means for you:

• No Upfront Costs: You won’t be required to pay any out-of-pocket fees to retain a disability lawyer.
• Success-Based Payment: The lawyer only receives a fee if your claim is approved.
• Fee from Back Pay: Their fee is deducted from a portion of your past-due benefits (back pay)—the benefits you were eligible for but didn’t receive while your claim was pending.
• SSA Regulated Fee: The Social Security Administration limits how much a disability lawyer can charge. The maximum fee is 25% of your back pay, with a cap of $7,200 in most cases. There are exceptions where a lawyer can petition the SSA for a higher fee, but this requires special circumstances.
• Direct Deduction by SSA: The SSA directly deducts the attorney’s fee from your back pay and sends it to them. You won’t be responsible for handling any money transfers yourself.

This contingency fee structure ensures that legal representation is accessible to individuals with disabilities, regardless of their current financial situation.

Who is a disability lawyer?

A disability lawyer is an attorney specializing in Social Security disability law. They possess a deep understanding of the intricate regulations and procedures associated with SSDI claims.

They leverage their knowledge to guide individuals through the application process, gather evidence to support your case, and represent you in hearings before the Social Security Administration (SSA).

Here are some key qualities to look for in a disability lawyer:

• Experience: Seek a lawyer with a proven track record of success in handling SSDI claims.
• Understanding: They should exhibit genuine empathy for your situation and a clear understanding of the challenges faced by individuals with disabilities.
• Communication: Effective communication is crucial. Choose a lawyer who explains complex legal concepts in a clear and concise manner.
• Accessibility: Ensure the lawyer and their team are easily reachable to address your questions and concerns throughout the process.

Responsibilities of a Disability Lawyer

A disability lawyer plays a critical role in securing your SSDI benefits. Here’s a breakdown of their key responsibilities:

1. Case Evaluation: During your initial consultation, the lawyer will assess your eligibility for SSDI benefits. They will review your medical records, work history, and any other relevant documents.

2. Claim Preparation: If you decide to move forward, your lawyer will assist you in gathering the necessary evidence to support your claim. This may involve obtaining medical reports from your doctors, securing vocational assessments, and compiling employment records.

3. Application Assistance: The application process for SSDI can be daunting. Your lawyer will guide you through it step-by-step, ensuring all sections are completed accurately and with supporting documentation.

4. Appeals Management: Unfortunately, the SSA initially denies many SSDI claims. Your lawyer can represent you during the appeals process, which often involves hearings before an Administrative Law Judge (ALJ).

5. Communication and Advocacy: Throughout the process, your lawyer will keep you informed of any developments and advocate on your behalf with the SSA.