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How Does A Disability Lawyer Get Paid?

January 1, 2018

Last Updated: 7/11/2022

Many people wonder how a Social Security disability lawyer gets paid. Many claimants go to the Social Security Administration’s website and apply for disability benefits themselves. Unfortunately, many who file a disability claim alone find themselves receiving denial after denial.

Filing for Social Security disability is a long process that many find frustrating; Especially when physicians tell these claimants they are disabled but the claimant receives a denial letter. That’s usually when people seek out disability lawyers and advocates to help them fight in court.

Balin Law Attorney, Chad Delesk, explains how disability lawyers get paid:

Video transcript

“A great question I always get is how do we pay your fee? Well, the answer is pretty simple. It’s on a contingency fee basis. And it’s exactly that. Our fee is contingent on winning your case. Thus, if we don’t win, we don’t get paid a fee.”

How Much Does a Disability Lawyer Charge In Attorney Fees?

Disability lawyers typically handle cases on a contingency fee basis. If a case is won and if you are owed backpay benefits or past due benefits, a disability attorney will receive the lesser of 25% or $6,000 of those backpay (past due) benefits (cap will be raised to $7200 effective November 30, 2022). If a case is won after a successful appeal to the Appeals Council or Federal Court, then the contingency fee becomes a flat 25% of past due benefits. We don’t receive any payment unless and until we win your case. 

Looking to file a disability claim? Been denied?

Contact Balin Law for a free, no-obligation consultation 866-492-2546

Bonus: Read the benefits of hiring a Social Security disability attorney.


  1. Joy Butler on August 28, 2018 at 1:18 am

    This is the kind of information my uncle needs at the moment. He’s looking for a social security lawyer and had no idea on how he’ll be paying him just in case he gets one. I found it interesting when you said that it is based on a contingency fee.

    • Balin Law on August 28, 2018 at 11:44 am

      Joy, we are glad our post explaining how a disability lawyer gets paid is helpful for your uncle. Please call us if you have any questions 866-492-2546

  2. Millie Hue on January 17, 2019 at 10:09 pm

    Thanks for helping me understand that disability lawyers are paid through a contingency basis wherein 25% of the back pay is given to them. I will share this information with my best friend who needs to hire one for their brother. They will be delighted to hear this since they are on a limited budget because they are already in deep debt due to medical bills for their brother’s treatment.

  3. Ron Booker on February 4, 2020 at 1:49 pm

    I’m glad you explained that disability lawyers are paid through a contingency basis wherein a percentage back pay to them. One of my uncles has been thinking of hiring a lawyer before filing for social security disability. With that being set, I will let him know this so he can begin interviewing some local lawyers.

  4. […] are highly motivated to make sure all the evidence is presented in a logical fashion because we work on a contingency fee, which again, we’re not going to get paid unless we win your case. And we win your case in a […]

  5. Bethel Smith on September 21, 2021 at 5:30 pm

    This is very helpful to know. A friend of mine is currently looking into a situation like this and considering getting a lawyer. I will recommend that they really consider it since the lawyer’s payment is contingent on winning.

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