How Disability Lawyer Fees Work in Charleston and Elsewhere
Do I have to pay a disability lawyer fee up front?
No, you do not.
Disability lawyers work on a “contingency fee,” which means you only pay if you win your case. If your claim is denied, you don’t owe any attorney fees. There are no up-front costs to get a lawyer working on your claim and no surprise bills while your case is pending.
If you win—you’re approved and you will receive monthly financial assistance—Social Security handles the payment for the attorney fee.
The attorney fee comes out of your back benefits and is sent directly to your lawyer. You don’t write any checks, and no money comes out of your pocket for the work your attorney does on your claim.
How much does a disability lawyer get paid?
When you win your case, you’ll likely get back pay. This is money Social Security owes you for the time period when you qualified for benefits but your claim wasn’t approved yet.
This attorney fee from your back pay is subject to strict laws:
- The lawyer can receive up to 25% of your back pay.
- There is a maximum cap set by Social Security. Even if 25% would be more, the fee can’t go above the cap.
- The government must approve the fee.
As of 2026, the maximum fee a disability lawyer can receive is $9,200. If 25% of your back pay would be less than that, they’ll receive the smaller amount.
By law, you are protected from financial risk when you need a disability attorney. In addition to only paying a fee if you win, and only up to clear limits, your future monthly benefits going forward also will not be touched.
At Robertson Wendt Disability, we are always clear about our fees. We believe you should be able to get the help you need to get your life on steadier ground and never feel unsure about affording it.
Are there any other costs or fees?
In some cases, your attorney may suggest that you need to get a medical or psychological evaluation to help prove your disability case.
You may have to pay for it if it’s not covered by insurance. After reviewing your file to determine if this is needed, your attorney will discuss it with you.
Sometimes you also may have charges for getting medical records. We’ve recently seen those costs decline as Social Security has moved to fast, electronic document transfers. But it’s possible to get a bill of a couple hundred dollars for medical records.
At Robertson Wendt Disability, our law firm will cover medical record expenses for you at first, but we will ask you to reimburse those charges if you win your claim.
What happens if my disability claim becomes longer and more complicated?
Your attorney costs for advanced appeals with the Social Security Appeals Council and federal court can work a little differently from the basic plan.
You still have the fee cap of 25% of your past-due benefits, but the dollar amount can go higher than the usual limit.
Those cases take the longest and result in more back pay, so even if your attorney collects a higher amount than they would in a case that gets resolved at an earlier step, you’re still likely to see a larger amount of back pay yourself.
In rare cases that reach the level of a disability benefits appeal in federal court, you’ll have to pay a filing fee to the court. Your lawyer will discuss with you how to pay that. You can also ask for a waiver of the fee if you can’t afford it.
If I already receive disability benefits and run into a problem, do I need to pay for a lawyer to help?
If Social Security tells you you’ve been overpaid in disability benefits, and they want money back, your lawyer will work out a fee to help you fight the overpayment bill. In that case, there won’t be a Social Security award to draw from, so the attorney fee has to come separately.
The same applies if you already receive disability benefits and Social Security wants to end them. If you need help from a lawyer to fight the termination of benefits, we will discuss a fee agreement with you.
If you decide to let your benefits stop while you appeal a termination of benefits, the usual attorney fee arrangement goes back into effect—you only pay if you win.
Very few clients at Robertson Wendt Disability have to deal with anything other than the no-fee-until-you-win approach. Other situations are rare. If something is different about your case, we will inform you, discuss it and help you plan for it.
But the overwhelming majority of the time, you’ll have few or no costs, just the attorney fee deducted from your back benefits, which only happens when you win.
Start with a FREE Consultation. »
