Attorney Fees

Most Social Security Disability cases are handled on a contingency fee basis. That means we only get paid if you win. The fee is set by the government at 25% of any back pay due you, with a cap set by the Commissioner of Social Security, currently $6000 (2010). The attorney fees cannot go over the cap set by Social Security, no matter how much you are paid in back due benefits. In addition, there may be a charge for any out-of-pocket expenses. These are generally nominal amounts paid for certified mail or copy fees to get your records and social security file.

There are also what are called "overpayment" cases and "cessation" cases. Overpayment cases are cases where you have been receiving social security disability and SSA is now saying they overpaid you for some reason and you owe the money back. Cessation cases are where you have been receiving disability benefits and receive a notice from SSA that they are stopping your benefits because they no longer think you are disabled. In both these type cases there are generally no back benefits. In these cases a retainer of some kind may be required and will generally be handled on an hourly basis.