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.
Frequently Asked Questions
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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.
- Social Security Administration — representative fees
Fee agreement process is capped and approved by SSA. Not an ordinary contingency fee.
- ABA Model Rule 1.5 (Fees)
Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.
- Cornell LII — contingency fee
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
- Review dates
- Last reviewed 2 August 2026. Next review due 2 February 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.