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Many social security disability (SSD) or supplemental security income (SSI) claimants hesitate when it comes to retaining legal representation, no doubt due in large part to the fact that they are already dealing with financial issues as a result of their medical condition, and are not sure if they can afford a disability attorney. However, worries over the potential costs of legal representation are, at least as far as disability cases are concerned, largely unfounded. This is because, unlike other types of cases for which an attorney may be retained, disability fees are for the most part not the responsibility of the claimant, and here’s why: social security disability attorneys receive payment only if they win the case, and even then the payment is made by the social security administration (SSA) directly to the attorney. The claimant has little if anything to do with the financial end of the transaction. In fact, with SSD/SSI cases there is never any up front money given to the attorney; no retainer fees of any kind and no advance payment. Of course, social security disability attorneys do not work for free. Although their fees are paid by SSA, payment is subtracted from any back pay awarded to the claimant. However, the amount that any SSD/SSI representative may receive for their services is limited to 25 percent of a claimant’s total back pay, and may not exceed, as of this writing, $5300 (the maximum amount to which a disability attorney is entitled is determined by the SSA, and may fluctuate annually due to inflation/cost of living increases, etc.) Granted, some individuals applying for disability benefits may decide to go it alone rather than risk that any portion of their benefits will go to an attorney. But keep in mind that statistically it has been shown again and again that those with legal representation are far more likely (up to 50%) to win benefits at a disability hearing than those who choose to represent themselves. For whatever reason(s), judges seem to be more receptive to legal arguments when they are presented by an attorney. And, when compared to other types of legal representation, it could be said that SSD/SSI lawyers are somewhat of a bargain—no money up front, and with fees far less than those charged for other types of contingency cases (as much as 33 percent vs. the 25% allowed for disability matters), make this legal service fairly reasonable in terms of cost. SSD/SSI claimants who plan to request a hearing before an administrative judge should definitely seek legal counsel—there is little to lose and quite a bit to be gained from legal representation at this level of consideration in the disability determination process. 
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