In most cases, the attorney charges, and the claimant prefers, what is called a contingent fee. This means that the attorney only charges a fee if the decision is favorable.
The attorney fee is not paid out of pocket, nor is it deducted from your monthly benefits. Instead, the fee comes from the back benefits that you are owed from the date that you applied for disability benefits to the date of the favorable decision. Generally speaking, the attorney fee is a quarter of the back benefits; the maximum amount set by the Social Security Administration for the fee is $6,000.
You may have to pay more than the maximum fee of $6,000 if your attorney has to apply for reconsideration after the administrative law judge hearing and your contract states that he or she may do so. Even in such circumstances, it is rare that a fee exceeds 25% of your total back benefits.
There are costs related to the gathering of medical records, obtaining medical opinion letters, and just generally accruing evidence for your case. You will be expected to cover those costs yourself, whether you win or lose.
For a free consultation from Ocala disability attorney CJ Henry, call (352) 304-5300 or fill out the claim evaluation form on this page.