When you can’t work and are struggling to make ends meet, hiring a lawyer to prepare your Social Security disability claim may seem like it’s not financially feasible. However, quality legal representation is much more affordable than you think.
Social Security disability lawyers work on a contingency fee basis. This means that you do not pay an upfront retainer or an hourly cost for legal assistance. Instead, the lawyer will agree to accept a portion of the back pay you receive.
The Social Security Administration (SSA) must approve all fee agreements for applicants using a lawyer to prepare their claim. Right now, lawyers can charge 25% of your back pay, but not more than $7,200. The Social Security Administration announced they will raise this limit to $9,200 in fall 2024. Starting in 2025, the fee limit will change every year based on the cost of living (COLA), just like other disability benefits. This means the fee limit will go up with inflation and other economic changes.
Back pay refers to disability benefits that accrue from the time you first applied to the time your application was formally approved. The SSA awards back pay in recognition of the fact that it often takes several months for an application to be approved.
If you are not awarded back pay, your lawyer will not be allowed to charge a fee for legal services. This typically happens in one of two ways: you are either denied disability benefits entirely or your case is approved so quickly that back pay doesn’t have time to accumulate.
Although a Social Security disability lawyer’s fees are limited, there may still be legal costs associated with your case. For example, your lawyer may need to pay to obtain copies of your medical records. The fee agreement provided when you hire a lawyer should explain how these charges will be handled.
O’Connor Law helps New York residents who can’t work due to ongoing medical conditions access the disability benefits they need to provide for themselves and their loved ones. Contact us today to schedule a free, no-obligation case review.