What Is the Maximum Lawyer Fee for Social Security Disability?

On This Page

1. Exceptions to the Lawyer Fee Agreement for Social Security Disability Cases
2. Our Social Security Disability Lawyers Can Handle Your Case on Contingency
3. Legal Services a Social Security Disability Attorney Offers
4. Types of Social Security Disability Benefits You can Apply for
5. Appealing a Denial of Social Security Disability Benefits
6. Let Us Help With Your Appeal for Social Security Disability Benefits

REVIEWED BY

C. William Kenny

November 11, 2022

Board certified by National Board of Trial Advocacy

The maximum lawyer fee for Social Security Disability is determined by the Social Security Administration (SSA), which must approve all fee agreements in advance. Their criteria for approval include:

That the total fee amount to be no more than 25 percent of your boc benefits or:

• $4,000 if the fee agreement is approved before February 1, 2002
• $5,300 if the fee agreement is approved on or after February 1, 2002
• $6,000 if the fee agreement is approved on or after June 22, 2009
• $7,200 if the fee agreement is approved on or after November 30, 2022

Whichever is less–the 25 percent of your past-due benefits or the amount mentioned above–will be your maximum lawyer fee for a Social Security Disability case. Additionally, the client or guardian of the client, along with the legal representative, must sign the agreement, and the agreement must be filed before the SSA makes a favorable decision.

Exceptions to the Lawyer Fee Agreement for Social Security Disability Cases

The SSA can deny a fee agreement if it allows for fees that would exceed the statutory limits or causes inequity for the client or their representative. Specifically, the following situations may not pass the approval process:

• The person applying for SSD benefits hires multiple attorneys without having each of them sign the fee agreement before the SSA issues a favorable decision. (You can implement a “sing fee agreement” that applies to all your representatives, but they each must sign it, and you must amend it if you hire any new representatives after submitting it.)
• An attorney withdraws from the case or the person filing discontinues their services before the SSA makes a favorable decision and the attorney did not waive their right to collect a fee.
• The attorney dies before the SSA makes a favorable decision.
• A State court declares the person filing legally incompetent. 

Our Social Security Disability Lawyers Can Handle Your Case on Contingency

Each law office has its own method for determining lawyer fees and charging clients. You can ask a firm about its fee structure before you hire a lawyer. Many firms, like ours, will charge you based on a contingency fee and take a percentage of your benefits only after they succeed with your case. 

When you work with our firm, you don’t have to worry about coming up with the money for legal representation. We understand that you are already facing financial difficulties living without SSD benefits. We don’t wish to add to your stress. Plus, our contingency fee agreement allows us to begin working on your case immediately, which will help us submit your appeal within the 60-day deadline. 

We only accept our payment if we succeed in securing a favorable decision from the SSA. You won’t have to risk further financial losses to secure legal representation.

Legal Services a Social Security Disability Attorney Offers

Our Social Security Disability attorney represents clients during the appeals process. Our attorneys can:

• File your initial SSD claim
• Answer your questions, update you on your case’s progress, and explain what is going on
• Consult your physicians to gather supplemental evidence for the decision review process
• Advise you on the best possible course of action at any given moment
• Represent you throughout the appeals process, which includes meeting with various Judges and possibly sending in additional paperwork, according to the SSA

When you hire a Social Security Disability lawyer, you can focus on your health and physical recovery while they deal with the decision review process. 

Types of Social Security Disability Benefits You can Apply for

Our Social Security Disability benefits lawyer can help you determine which benefits you may qualify for. In general, you may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). 

SSDI includes benefits to applicants who have earned a certain number of work credits recently enough and paid Social Security income taxes. 

SSI includes monthly benefits to qualifying applicants who:

• Are blind
• Are 65 years of age or older
• Have a qualifying disability
• Earn income or have resources that are below a specified limit

Appealing a Denial of Social Security Disability Benefits

Our attorneys can help you navigate the various stages of appealing a denied claim. The four steps include:

• Reconsideration
• An Administrative Law Judge hearing
• A review by the Appeals Council
• A review by the Federal Court

Each phase of the process involves its own paperwork and preparation, and this is something we can handle on your behalf. 

Let Us Help With Your Appeal for Social Security Disability Benefits

Berger and Green can help you file an initial claim or appeal an unfavorable decision for your Social Security Disability benefits. During your free initial consultation, we would be happy to discuss our services and our fee structure, including what the possible maximum lawyer fee is. Call today to get started.