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The maximum the disability attorney can charge is 25% of your backpay for his or her services, up to a maximum of $6,000. For example, if your back-dated benefits are calculated to be $10,000, your attorney will be paid $2,500 and you will receive $7,500.
Prorating the Fee. If you are approved for Social Security disability, your attorney fees would be deductible according to the percentage of benefits that are subject to income tax. The IRS sets this percentage depending on the amount of other income that you earn and your filing status.f, for example, 80 percent of your benefits are taxable, then 80 percent of the fees charged for securing the benefits would be deductible. Note that the federal statutory maximum for attorney's fees in a disability case is $6,000 as of 2013.