Attorneys’ fees in Social Security and SSI disability cases are paid under a rule set by Congress as part of the Social Security Act. This law allows attorneys to charge up to 25% of the back benefit achieved for the client, to a maximum of $6,000. The lawyer will be paid only out of your past-due benefits, or “backpay.” If no past-due benefits are awarded, the attorney will not receive a fee.
Most importantly, these are what is known as “contingent” fees. This means that nothing is charged unless and until a claim is won. SSI and Social Security fees are withheld by the agency and taken out of the back benefit paid to a successful claimant. After approval by the agency, the fee is sent directly to the attorney, usually after the client has received the money due.