Social Security Disability — No Win No Fee
Social Security disability attorneys work on a contingency basis with fees regulated by the SSA: 25% of past-due benefits, capped at $9,200 (as of 2025). You pay nothing if your claim is unsuccessful.
What Is the Difference Between SSDI and SSI?
Direct Answer: SSDI is for workers who paid into Social Security through payroll taxes. SSI is a needs-based programme for disabled individuals with limited income and assets. Disability attorneys' fees are capped at 25% of back benefits or $9,200 (whichever is less) — significantly lower than standard contingency fees.
Social Security Disability Insurance (SSDI) is available to workers who have paid into the Social Security system through payroll taxes and have earned sufficient work credits. Benefits are based on your earnings history and come with Medicare eligibility after a 24-month waiting period.
Supplemental Security Income (SSI) is a needs-based program for disabled individuals with limited income and assets. SSI does not require work credits and comes with Medicaid eligibility in most states.
The Five-Step Evaluation
The SSA uses a sequential five-step process to evaluate disability claims:
- Are you engaging in substantial gainful activity (SGA)?
- Do you have a severe medically determinable impairment?
- Does your impairment meet or equal a listed impairment (the "Blue Book")?
- Can you perform your past relevant work?
- Can you perform any other work in the national economy?
The Appeals Process
Approximately 60–70% of initial SSDI/SSI applications are denied. The appeals process has four levels: reconsideration, hearing before an Administrative Law Judge (ALJ), Appeals Council review, and federal district court review. The ALJ hearing is the most critical stage — claimants with attorney representation have significantly higher approval rates at this stage.
How Attorney Fees Work
Social Security disability attorney fees are regulated by the SSA, not by market rates. The standard fee agreement is 25% of past-due benefits (back pay), subject to a dollar cap set by the SSA ($9,200 as of 2025). The fee is paid directly by the SSA from the claimant's back pay — you never write a check to your attorney. If the claim is denied, you owe nothing.