Will Social Security pay my legal fees for a disability claim?

The Social Security Administration (SSA) does not pay the legal fees of individuals who are filing disability claims. SSA does, however, get actively involved in the payment of these costs.

You may be surprised to learn that if you have a disability claim and you feel the need to obtain legal representation, you will pay the associated legal fees. You may be wondering how you would ever be able to do that. The answer… with a contingency contract.

Legal fees for filing disability claims are usually only paid if the case is won. Generally, when lawyers get involved in Social Security disability (SSDI) cases they fight for past due benefits. The contingency contracts that they enter usually entitle them to 25% of this award.

For any legal services contract regarding a disability claim to be legitimate, it must be approved by the SSA. The maximum amount that the SSA will allow an attorney to receive is $5,400. The agency may withhold the necessary fees from your lump sum past due benefits payment and distribute them to the lawyer directly.

You may also want to consider the fact that in some cases, the percentage of your past due benefits that is paid for legal fees may exceed 25%. This may happen if your attorney files a fee petition arguing that 25% is insufficient payment or if you have hired and fired several lawyers who can all justify claims for some legal fees.

If you currently have an SSDI claim and you need legal assistance, you should contact a disability attorney and inquire about his fees.