Do You Have to Pay Your Attorney Up Front?
The answer is no. You don’t pay your attorney for social security disability up front. We work on a contingency basis, which means you don’t pay an attorney fee unless we win. The attorney fee is also limited to 25% of your past-due benefits that you are awarded. Therefore, you would not owe an attorney fee if you are not awarded past-due benefits or “back pay.” For example, the judge may find that you are disabled as of today instead of two years ago when you filed, and award benefits beginning today and continuing into the future. In that instance, you would not receive any past-due benefits or “back pay,” and therefore, you would not owe an attorney fee.
Now let’s look at another example where you are awarded past-due benefits or “back pay,” and an attorney fee would be deducted from your benefits. For instance, you applied for disability two years ago with an onset disability date of May 1, 2106, and you were just awarded a favorable decision by the judge and benefits at $2,000 a month going back to the onset of disability date of May 1, 2016. First of all, you don’t receive any benefits for the initial five months of disability. This is called a five-month waiting period. Out of the two years of back pay minus the five month-waiting period, you are owed 19 months of benefits or $38,000 in back pay. And 25% of $38,000 is $9,500. However, the attorney fee on back-pay is capped at $6,000. Your back benefits that you will receive is $32,000 and your social security disability attorney will receive $6,000.
You and your attorney will sign a contingency attorney fee agreement. This is filed with Social Security to ensure that it meets Social Security’s guidelines.
At Affleck and Gordon, our social security disability attorneys are dedicated to one end – ensuring that you and your loved ones receive the benefits you deserve.
FREE CONSULTATION – Contact Affleck & Gordon today to schedule a free case review.