How can a Social Security claimant afford an attorney? -

Social Security Disability Claim

If you are in the process of applying for Disability (Title II) or Supplemental Security Income (Title XVI) benefits with the Social Security Administration, you might wonder how you can afford an attorney who, if the attorney is doing their job, will 1) order all of your necessary medical records, 2) craft a legal theory of your case, 3) speak to you on multiple occasions to gather facts and prepare you for a hearing, 4) do all of the necessary paperwork and 5) effectively represent you at a hearing before an Administrative Law Judge. This is a particularly relevant issue since most SSD or SSI claimants are unemployed due to their disability.

It is a common misconception that people believe that appropriate legal help is unaffordable and beyond one’s reach. While this may be the case in some areas of the law, this is often not the case for a disabled person who wishes to present a case to the Social Security Administration. For example, at Silver & Silver, we represent claimants on a contingent fee basis. This means that we will only be paid if we are able to be successful in getting Social Security to pay you the disability benefits you deserve.

If you are granted benefits, our fee is paid from back due benefits. This means that we won’t take any percentage of your future disability benefits. More specifically, the attorney fee of 25 percent of back benefits (not to exceed $6000), is set by federal regulation and must be approved by Social Security before we can be paid.

A claimant does not have to pay attorney fees unless and until the case is won and benefits are paid.

At Silver & Silver, we provide a free initial consultation and will review a case at no charge. To learn more about Social Security Disability, visit our Disability Law Page or call us at 610-658-0500.