How Much An Attorney is Paid: 25% or $9,200, Whichever is Less
Typically, an SSDI lawyer can only expect a fee of 25% of your back pay, capped at $9,200. Whichever figure is smaller is what the attorney will receive directly from Social Security.
An attorney has no control over the cap and amount because it is set by statute and Social Security Administration regulation. The authority comes from Section 206 of the Social Security Act, which lets SSA regulate representative fees. Attorney fees in Social Security disability cases are controlled by the government and the SSA determines the amount. A judge must approve all fees at the hearing level.
No Money Should Ever Be Exchanged Upfront
For a reputable SSDI or SSI attorney, there is $0 upfront cost to represent, $0 owed if you lose, and the fee only comes from back pay and never from future monthly checks.
It is a contingency-based payment structure, which means there is no fee unless we win your case.
The Social Security Administration Is Heavily Involved in the Attorney Payment Process
The Social Security Administration will review, approve, and regulate payment to the representing attorney. After your case receives a favorable decision, the fee is withheld from the back pay portion of your disability benefits and sent straight to the attorney.
If your case reaches the hearing level, i.e., it has been denied and then appealed in front of a judge, the judge must also approve the fee.
Items That Are Not Included in the Fee
Any additional costs of your case, like gathering medical records and State gross receipts tax, are billed separately. You may also be responsible for paying for an independent consultative medical and/or mental health examination in support of your case.
It’s also important to note that a fee petition can exceed the $9,200 cap, but the amount SSA pays the attorney directly out of your back pay is still capped at 25%. If the required 25% or $9,200 is not withheld by SSA in error, the claimant is responsible to pay the difference between the authorized fee and the SSA payout to the representative directly. In practice, this is rare — it happens only once or twice a year.
At Michael Armstrong Law There Is No Fee Unless We Win Your Case
Our team of compassionate SSDI and SSI legal representatives was founded on over three decades of experience helping New Mexico residents get the benefits they deserve. We partner directly with you, ensuring you receive representation that allows you to tell your story. And remember, our firm operates on a contingency basis, so there is no fee unless we win your case.