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Baca & Ferris Disability Law

Fees

Overview

Disability fees are set by federal rules, not by us. In plain words: the first call is free, you pay no fee unless you win back pay, and the fee comes only from that back pay. Social Security must approve it.

How back pay is split under a fee agreement

The fee is generally 25% of your back pay, but never more than a dollar cap that Social Security sets and updates from time to time. If 25% of your back pay would be more than the cap, the fee is the cap.

Your back pay, as a bar. At least three quarters goes to you. The fee is at most one quarter, and never more than Social Security's cap, whichever is less.

What you pay, case by case

Attorney fees under a Social Security fee agreement
If Our fee Good to know
Your claim is denied at every level No attorney fee You owe us no fee if you do not win.
You are approved and back pay is owed Generally 25% of back pay, up to Social Security's dollar cap Social Security must approve the fee and usually pays it from your back pay.
You are approved with no back pay owed No attorney fee under the fee agreement The fee can only come from past-due benefits.
Your monthly checks after approval Never Your ongoing benefits are always yours.

Costs are different from fees

Costs are out-of-pocket charges from others, mostly clinics and hospitals that charge to copy records, and doctors who charge to fill out a report.

  • We pay routine costs up front while your claim is open.
  • If you win, we ask you to repay them, and we list each one.
  • If you do not win, you owe us nothing for them.
  • We ask before taking on any unusual cost.

Other fee situations

Some cases use a different approval process, for example when a claim goes to federal court, or when work goes well beyond a normal claim. Social Security or the court still has to approve any fee. If your case could go that way, we explain the process and the numbers in writing before any work starts.

A promise: no surprise bills. If something about our fee is not clear, ask us and we will explain it until it is.

How the fee gets approved and paid

  1. 1

    We sign a fee agreement

    Before we start, you and we sign a short fee agreement on Social Security's terms. We read it with you first.

  2. 2

    Social Security gets a copy

    We send the agreement to Social Security with the form that names us as your representative.

  3. 3

    Approval comes with the decision

    If your claim is approved, Social Security reviews the agreement and approves the fee in writing.

  4. 4

    Social Security pays us

    In most cases Social Security holds back the fee from your back pay and pays us directly. You never write us a check for the fee.

  5. 5

    You can ask for a review

    If you think the fee is wrong, you have the right to ask Social Security to review it. The notice explains how.

Questions about fees

How much does it cost?

The first call and case evaluation are free. If we represent you under a fee agreement, you pay no fee unless you win and back pay is owed. The fee is generally 25% of your back pay, up to a dollar cap that Social Security sets and updates from time to time. Social Security must approve it.

Do you take part of my monthly benefits?

No. Under a fee agreement, the fee can only come from past-due benefits. Your monthly checks going forward are yours.

What if I lose?

You owe no attorney fee. We cover routine costs like medical record copy fees while your claim is open, and if you do not win, you owe us nothing for them.

More questions and answers

Find out if we can help, for free

Call our intake line or start a free case evaluation. A person reads every answer and calls you back within one business day. There is no fee unless you win back pay.

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