Binder & Binder is a law firm that represents people in Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) cases

Binder & Binder operates as a representative payee service and legal representation firm. The firm handles cases at all three levels of the Social Security disability process: the initial process stage, the reconsideration appeal, and the hearing before an administrative law judge. They do not represent people in federal court appeals beyond the hearing stage.

The firm charges a contingency fee, which means they collect payment only if you win your case. Social Security sets a cap on what disability representatives can charge: 25 percent of your back pay (the money owed from when your disability began until the month you were approved), up to a maximum of $7,200 as of 2024. This cap may change annually. You pay nothing upfront.

Binder & Binder also offers representative payee services, meaning they can manage your benefits payments on your behalf if Social Security requires a payee — for instance, if you are unable to manage money due to your condition. This is a separate service from legal representation.

Key Takeaways

  • Binder & Binder charges only if you win, taking 25 percent of back pay up to the federal maximum of $7,200.
  • The firm represents clients at the initial process, reconsideration, and hearing stages, but not in federal court.
  • You can hire Binder & Binder at any stage of your case, including after you have already been denied once or twice.
  • The firm also offers representative payee services to manage your benefits if Social Security determines you need help handling money.
  • Social Security must approve any fee agreement before the firm can collect payment from your back pay.

How Binder & Binder charges and when you pay

Binder & Binder works on contingency, so you do not pay them directly. Instead, if you win your case, Social Security deducts their fee from your back pay before sending you the money. The fee is 25 percent of back pay or $7,200, whichever is less. If your back pay is $20,000, the firm receives $5,000 (25 percent). If your back pay is $30,000, the firm receives $7,200 (the cap), and you receive the remaining $22,800.

Before the firm can collect this fee, Social Security must approve a fee agreement. You and Binder & Binder sign the agreement, and the firm submits it to Social Security for review. Social Security checks that the fee does not exceed the legal limit. Once approved, the fee is deducted automatically when your back pay is paid.

If you lose your case, you owe Binder & Binder nothing. The firm absorbs the cost of working on your case. This structure means the firm's payment depends entirely on winning.

What stage of your case Binder & Binder can handle

Binder & Binder can represent you starting at any point in the disability process. If you have not yet applied, they can help you gather medical records and prepare your initial process. If you have already been denied and are in reconsideration (the second stage), you can hire them then. If you have been denied twice and are waiting for a hearing before an administrative law judge, they can represent you at that hearing.

The firm does not represent people in federal court. If your case is denied at the hearing stage and you want to appeal to federal court, you would need to hire a different attorney. However, most cases are decided at the hearing stage, and many people do not pursue federal appeals.

You can also hire Binder & Binder after you have already worked with another representative. If you had a non-attorney representative (such as a disability advocate) or another lawyer, you can switch to Binder & Binder. Social Security allows you to change representatives at any stage.

Representative payee services through Binder & Binder

If Social Security determines that you cannot manage your benefits money — because of cognitive impairment, mental illness, substance use disorder, or other reasons — the agency will require a representative payee. This person or organization receives your benefits on your behalf and uses the money for your current maintenance and needs.

Binder & Binder offers to serve as your representative payee. If you choose them, they receive your monthly benefit payment, keep records of how it is spent, and file annual reports with Social Security. They charge a fee for this service, separate from legal representation fees. The payee fee is not set by Social Security and varies by provider; you should ask Binder & Binder directly what they charge.

You do not have to use Binder & Binder as your payee even if they represent you legally. You can choose a family member, a friend, or a different organization. However, some people find it convenient to use the same firm for both services.

How to contact Binder & Binder and what to expect

Binder & Binder operates a toll-free phone line and maintains a website where you can request a free consultation. During an initial conversation, a representative will ask about your condition, your work history, and whether you have already applied or been denied. They will explain how the contingency fee works and answer questions about the process.

If you decide to hire them, you will sign a fee agreement and begin gathering medical records. The firm will request records from your doctors, hospitals, and treatment providers. They may also order medical evidence if gaps exist in your file. This preparation phase can take weeks or months depending on how quickly records arrive.

Once your case is ready, Binder & Binder will submit your process or appeal to Social Security. If your case goes to a hearing, an attorney from the firm will represent you in front of the administrative law judge. You will meet with your representative beforehand to prepare.

Binder & Binder compared to other representation options

You have several choices for representation in a disability case. You can represent yourself with no representative at all. You can hire a non-attorney representative, such as a disability advocate or accredited representative, who charges a fee set by you and them (not capped by Social Security). You can hire a disability attorney from a solo practice or small firm. Or you can hire a larger firm like Binder & Binder.

Binder & Binder's main advantage is that it is a large, established firm with experience handling thousands of cases. The contingency fee structure means you pay nothing unless you win. The disadvantage is that the firm is not a solo practitioner — you may not work with the same person throughout your case, and the firm handles many cases at once.

A solo disability attorney or smaller firm may offer more personal attention but may have less experience or resources. A non-attorney representative costs less but cannot represent you at a hearing in front of a judge (only attorneys can do that). Representing yourself costs nothing but requires you to understand Social Security rules and prepare your own evidence.

Frequently Asked Questions

Can I hire Binder & Binder if I have already been denied twice?

Yes. Binder & Binder can represent you at the hearing stage, which is where most cases are decided. If you have been denied at the initial and reconsideration stages, you are likely waiting for a hearing before an administrative law judge. This is when many people hire representation.

What if I win my case but disagree with how much back pay I receive?

Back pay is calculated by Social Security based on when your disability began and when you were approved. Binder & Binder does not set this amount — Social Security does. If you believe the calculation is wrong, you can ask Social Security to review it. Your representative can help you challenge the amount, but the firm does not control the decision.

Do I have to use Binder & Binder as my representative payee if I hire them as my lawyer?

No. You can hire Binder & Binder for legal representation and choose a different payee, such as a family member or another organization. The two services are separate, and you decide which providers to use for each.

What happens if Binder & Binder's fee agreement is not approved by Social Security?

This is rare because Social Security approves most fee agreements that comply with the fee cap. If for some reason Social Security does not approve the agreement, the firm cannot collect the fee from your back pay. You and the firm would need to resolve the fee arrangement separately, outside of Social Security.

Can Binder & Binder represent me in federal court if my hearing is denied?

No. Binder & Binder represents clients through the hearing stage. If you want to appeal to federal court, you would need to hire a different attorney who handles federal appeals. Your current representative can advise you on whether an appeal is worth pursuing.