Attorney Fees

Most Social Security Disability cases are handled on a contingency fee basis. That means we only get paid if you win. The fee is set by the government, and it is 25% of any back pay due you, with a cap of $5,300. That means the attorney fees cannot go over $5,300 no matter how much you are paid in back due benefits. In addition, there is a charge for any out-of-pocket expenses. These are generally nominal amounts paid for certified mail, or copy fees to get your records and social security file.

There are some exceptions. If you lose at the initial stage, the reconsideration stage, and the hearing stage, your case can be taken to federal court. If your case goes up to federal court, then the fee is 25% of the total past due benefits with no $5,300 cap.

There are also what are called "overpayment" cases and "cessation" cases. Overpayment cases are cases where you have been receiving social security disability and SSA is now saying they overpaid you for some reason and you owe the money back. Cessation cases are where you have been receiving disability benefits and receive a notice from SSA that they are stopping your benefits because they no longer think you are disabled. In both these type cases there are generally no back benefits. In these cases a retainer of some kind may be required and will generally be handled on an hourly basis.