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Often the money owed to your attorney is subtracted from your retroactive benefits payment automatically by Social Security. You may have to pay your lawyer for out of pocket expenses that may have been incurred, in addition to the amounts limited by Social Security. Q: If you are filing a disability claim, is it necessary to have legal representation? A: It is possible to be awarded benefits without the help of a social security attorney. Most claimants can handle the first step in the process themselves. Most claims, however, do not receive approval after that first step.