Q: How much can a disability attorney retain once a social security disability claim has been approved?
A: Fortunately for social Security disability clients, the law is very clear. Unless you and your lawyer agree to a different fee, your lawyer is limited to 25% of past-due benefits, with a cap of $6000. However, your lawyer does not "retain" this amount, as he or she never receives your back pay. Instead, if your fee agreement so provides, the Social Security Administration withholds the lawyer's fee from the back pay that is deposited in your bank account and sends only the fee to the lawyer.
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