Anyone filing a disability claim should consider hiring a Social Security Disability (SSD) attorney. Although hiring an SSD attorney is recommended, some applicants may be apprehensive because of the worry of how expensive seeking legal assistance can be.
If you are considering applying for SSD, a lawyer could be in a position to assist you in getting your case approved. It is critical to comprehend how SSD lawyers are compensated and their fee structure to make an informed choice about hiring legal counsel for your claim.
But how do Social Security Disability lawyers get paid?
It may be surprising to know that it is less expensive than you imagined and that there is no need to make upfront payments.
This post will answer several questions regarding legal fees and how a lawyer helps your case.
No Upfront Payments
Reasonably, most SSD applicants will not have thousands of dollars to hire a lawyer. For this reason, most SSD attorneys do not demand retainers or up-front payment to begin working on an SSD claim.
Most SSD lawyers only get compensated if they successfully win your case. This is known as a contingency fee. SSD attorneys do not get paid unless they win your case, unlike other kinds of lawyers, like those who practice family or estate law.
You must sign a contract outlining how your SSD attorney will be paid when you hire them to defend your claim. The terms of this agreement permit the Social Security Administration (SSA) to pay your lawyer directly if your application is approved.
The SSA audits the contract to ensure it complies with the fee agreement requirements and that your lawyer only gets what is legally due. These contracts must be contingency-based, according to the SSA.
How Much Do Social Security Disability Lawyers Get Paid for Their Services?
You may wonder, how do Social Security Disability lawyers get paid?
Your attorney is prohibited by law from asking for over 25% of your back pay. Their fee is limited to $7,200, regardless of the backpay you owe.
But depending on your agreement, they may charge more if your case proceeds to the federal district court. Ensure you understand your contract to know what you are committing to and signing.
Your back pay is the only thing that can be used to pay your SSD lawyer. Your lawyer will not be paid anything if you do not get any back pay benefits. Even so, the attorney can ask the SSA for permission to request to be paid a fee.
In almost all cases, there are no upfront fees when hiring a Social Security Disability lawyer. Their fee will be deducted from the benefit you get. You won’t have to bother sending their money since the Social Security Administration will pay them directly.
Other Costs
Most lawyers will charge a small fee to cover their out-of-pocket expenses when your case begins. These cover the cost of filing your application and acquiring your medical and work documents.
These costs are separate from legal fees and often are under $400. Mandatory medical tests are not included because you would typically cover those costs alone.
Is Hiring an SSD Lawyer Worth the Cost?
Although $7,200 or 25% of your back pay may look like a substantial amount, your outlook may change once you consider the possibility of getting nothing if your claim is denied.
SSD claims are hard to win unless your case is relatively straightforward. You must prove to the SSA that your disability prevents you from carrying out the obligations of your former jobs or other forms of work.
It involves a lengthy, complex application with numerous supporting documents. It also calls for knowledge and experience with the SSA and the claims they typically accept.
According to certain studies, the odds of an SSD claimant’s case being approved almost doubles when they hire legal counsel.
Studies reveal that 60% of claimants who hire a lawyer at any stage of the claims process—whether to defend claimants exclusively at the appeal hearing or from the beginning of their application—are accepted for benefits compared to the 34% who manage their case independently.
Does Hiring an Attorney at the Application Stage Help?
The SSA will assess your filled SSD application to see if you fulfill certain financial and occupational criteria. You will get an outright denial if you do not.
If you fulfill these criteria, your claim will proceed to the subsequent stage and be evaluated by a claims examiner. They will examine the medical documents you presented and decide whether to approve or deny your application.
Only a small percentage of applications successfully pass both reviews. In a survey conducted by the Government Accountability Office (GAO), a third of study participants reported retaining Social Security Disability attorneys to assist them in completing and submitting their SSD application.
About 28% of respondents were approved for benefits at the initial application. Comparatively, only 20% of those who undertook it without legal counsel were successful.
Does Legal Representation at the Hearing Stage Help?
Your application will undergo another review if the first one is disapproved. But most disability claims result in rejection even in the second evaluation.
You then have a right to a hearing. According to surveys, a claimant’s chance of winning at the hearing stage doubles if they have legal representation.
Only 23% of candidates representing themselves at the hearing had their applications approved, compared to 50% of those who hired a counsel.
How Social Security Disability Lawyers Can Help
If you hire a lawyer, the chances of your claim being approved at the initial application stage will undoubtedly increase. An SSD lawyer assists your claim by:
- Helping you to fill out and submit your application correctly
- Collecting the required medical proof of your disability
- Updating your medical records or additional evidence when required
- Recognizing when to bring a medical expert to testify at the hearing and knowing where to find expert witnesses.
- Preparing you for the disability hearing’s questioning
- Predicting what the administrative law judge may dwell on based on their knowledge of local judges that preside over SSD proceedings.
- Cross-examining a vocational or medical expert to support your claim
Also, SSD lawyers can relieve the stress of completing the application yourself, gathering all the necessary documents, and keeping track of your case. It may be challenging for you to live another day if you are dealing with a condition or disability.
It can be frustrating to have to accomplish these things by yourself. Thanks to your lawyer’s advice and responses, you and your family will experience less stress during this period.
Get Help from Experienced Social Security Disability Lawyers
If you wish to file a Social Security Disability claim, contact a Social Security Disability lawyer who is experienced and committed to assisting people in obtaining the financial support they need.
Don’t let a lack of funds prevent you from getting the support you deserve. You have nothing to lose by consulting with a lawyer and retaining one to handle your SSD case because there are typically no upfront costs.
With Legal Giant, you don’t have to go through the tiring lawyer hiring process. We can ease the process by linking you with an experienced Social Security Disability attorney near you.
Contact us at 833-641-1650 to schedule a free consultation and review of your case today.
