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The Disability Guys FAQs

How much does it cost to hire The Disability Guys?

Quick Answer
Nothing up front. The consultation is free, we advance the costs of the case, and our fee comes out of the benefits or settlement we win for you — set by law in Workers’ Compensation and Social Security cases, and agreed in writing before we start in every case. If we do not recover for you, you owe us no attorney’s fee.
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What you need to know

People put off calling a lawyer because they assume they cannot afford one. For the kinds of cases we handle, that assumption is almost always wrong: you never write us a check. Every practice area works on a contingency basis, and in two of them the fee is fixed or capped by law. Here is how it works, practice by practice.

Workers’ Compensation

Attorney fees in a New York Workers’ Compensation case are set and approved by the Workers’ Compensation Board under § 24 of the WC Law. The fee is deducted from the award or settlement the Board approves; it is never billed to you directly, and a lawyer who asks an injured worker for money up front is breaking the law. If there is no award, there is no fee.

Social Security Disability (SSDI / SSI)

Federal law fixes the fee: 25% of the past-due benefits you are awarded, up to a cap that the Social Security Administration adjusts each year. The SSA pays the fee to us directly out of your back pay before you receive it. Ongoing monthly benefits are never touched, and if your claim is not approved there is no fee.

Long-Term Disability (ERISA and private policies)

Long-Term Disability appeals and lawsuits are handled on a contingency percentage of the benefits we recover, agreed in a written retainer before we start. In ERISA cases a court can also order the insurer to pay attorney’s fees. If we do not recover benefits, you owe no fee.

Personal Injury

Personal Injury cases in New York follow the standard contingency fee: one-third of the recovery after case costs are reimbursed, with a court-set sliding scale in medical malpractice cases. We advance the costs of investigation, records, and experts, and we are repaid only from the recovery. How contingency fees work in Personal Injury cases walks through the math.

What “no fee unless we win” does and does not cover

The attorney’s fee is contingent in every case. Case costs — medical records, filing fees, expert reports — are advanced by the firm and reimbursed from the recovery; your retainer spells out exactly how they are handled. You will never receive an hourly bill from The Disability Guys, and the free consultation is exactly that: free, confidential, and with no obligation to hire us.

Reviewed by Brian M. Mittman, Esq.
Managing Partner · Markhoff & Mittman, P.C. · Admitted in New York

Brian Mittman has personally handled New York Workers’ Compensation, SSDI, LTD, and Personal Injury cases for over three decades. He still attends Workers’ Compensation board hearings himself.

Last reviewed: May 14, 2026
Your Legal Team

The attorneys who work your case

Not a call centre. The lawyer who signs you is the lawyer who shows up.

  • Brian M. Mittman, Esq.

    Brian M. Mittman, Esq.

    Managing Partner · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Brian
    • Admitted in New York
    • 30+ years in practice
    • Attends Board hearings personally

    Brian has personally handled New York workers' compensation, SSDI, and personal-injury cases for over three decades. Your case is never handed off to a paralegal.

    Full bio & credentials →

  • Randy Jacobs, Esq.

    Randy Jacobs, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Randy
    • Admitted in New York and New Jersey
    • Pace University School of Law, J.D.
    • Litigates before the Workers' Compensation Board

    Randy has litigated every type of claim before the Workers' Compensation Board on behalf of hundreds of claimants.

    Full bio & credentials →

  • Benai Lifshitz, Esq.

    Benai Lifshitz, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Benai
    • Admitted in New York, 2008
    • New York Law School, J.D. 2007
    • With The Disability Guys since 2013

    Benai has spent more than a decade fighting for injured workers before the Workers' Compensation Board and the New York State Employees' Retirement Board.

    Full bio & credentials →

  • Emily Grajales, Esq.

    Emily Grajales, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Emily
    • Admitted in New York, 2007
    • 20 years in practice
    • Fluent in Spanish

    Emily has spent two decades on New York workers' compensation and Social Security Disability matters, including service as an Agency Attorney and Hearing Officer for NYC Transit and the MTA.

    Full bio & credentials →

  • Lauren Jurgens, Esq.

    Lauren Jurgens, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Lauren
    • Admitted in New York, 2023
    • Albany Law School, J.D. 2022
    • Handles Third Department appeals

    Lauren represents injured workers in Workers' Compensation matters and handles appeals before the Appellate Division, Third Department.

    Full bio & credentials →

Talk to a real attorney today.

Free consultation. No fee unless we win. English or Spanish. Day or night.