How Do Social Security Disability Attorneys Get Paid?
Getting approved for disability benefits can take a long time. Most people wait a year or more to finally win benefits.
To make up for these long waits, Social Security awards a lump sum of back pay when they approve your disability benefits.
If you applied for Social Security Disability Insurance (SSDI), your back pay is calculated with the established onset date (EOD) of your disability.
They will decide on what date you were first officially qualified for disability benefits and calculate your back pay from that date until you finally win approval, minus a mandatory waiting period.
If you applied for Supplemental Security Income (SSI), your back benefits are based on when you submitted your disability claim and how much time passed from then until your benefits were approved.
When you get your back pay, your Social Security Disability lawyer’s fee comes out of that lump sum.
And your lawyer can’t bill you any amount they choose from your back benefits. Social Security set specific rules about how much our Lehi and St. George disability lawyers can charge—and how much any lawyer can charge for helping you get disability benefits.
Social Security caps an attorney’s fee at a maximum of $9,200 or 25% of your total back pay, whichever is less.
If 25% would be more than $9,200, the fee stops at $9,200.
How long this process takes doesn’t change the rate. You won’t pay above these limits because you were denied disability benefits and your case took longer. Your back benefits will be more overall, but your attorney’s fee will be calculated the same way.
You may have higher fees if your case goes to federal court. Although the fee is still limited to 25% of your back benefits, the cap doesn’t apply. In those cases, our disability attorneys will keep you informed on what to expect and get your agreement on the fees.
Social Security will pay your attorney their fee directly out of your back benefits. The fee happens once, upon winning benefits. And you don’t have to move money in and out of your bank account.
All of this means there’s little financial risk to working with one of our Utah disability lawyers. But there are many benefits to having an experienced attorney who knows how this system works.
Is the Cost of a Disability Lawyer Worth It?
A disability lawyer won’t charge an upfront fee, and there’s a cap on how much they can charge when you win, but is it necessary to have a lawyer for disability benefits at all?
Couldn’t you apply for benefits on your own, fill out some forms, and keep all of your back pay if you win?
It’s possible to win on your own, but as we’ve already said, getting approved for Social Security Disability is rarely easy.
If you contact us and we think you don’t need our help to win your case, we will tell you.
If we look at recent results for Utah, only around 45-50% of disability applications get approved through the hearing level.
Meanwhile, Barnes Disability Advocates has a win rate above 85%.
Our Utah Social Security Disability attorneys can help you at every step of this process.
Your lawyer can:
- Help you fill out Social Security forms correctly and completely
- Identify evidence that can strengthen your claim
- Build an argument that your health prevents you from working any job, not just your current one
- Help you respond to Social Security if they request more information
- Support your appeal if your initial claim gets denied
- Represent you at a disability hearing in front of an administrative law judge
- Identify legally appealable errors for the Social Security Appeals Council
- File a suit in Federal District Court, if needed
- Answer any questions you have at any time in the Social Security Disability process
For all of that, the cost of a disability lawyer is more than worth it.
Benefits can make a big difference in your life, so don’t leave your disability claim to chance. Get a skilled professional to back up your claim—no fee until you win.
Do You Want to Know More About Our Disability Lawyers in Utah?
Barnes Disability also helps with long-term disability claims when you have a private insurance policy to protect your finances if you lose the ability to work. Our disability attorneys have decades of experience and a mission to help everyday people find peace and dignity in difficult times.
