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Social Security Disability Lawyer Fees

Under the fee agreement process, a representative's fee is the lesser of 25% of your past-due benefits or $9,200 (limit in effect since November 30, 2024), and SSA must approve it. If you are not awarded benefits, you generally owe no fee under this process, although out-of-pocket expenses can be charged.

SSA fee agreement rulesForms SSA-1696 and SSA-1693

How the fee works

  1. You appoint the representative with form SSA-1696, signed by both of you.
  2. You sign a fee agreement (SSA has a model, SSA-1693) and it is submitted to SSA.
  3. If you win, SSA approves the fee and usually withholds it from your past-due benefits to pay attorneys and eligible non-attorney representatives directly.
  4. The fee is 25% of past-due benefits or $9,200, whichever is less.

Non-attorney representatives

Your representative does not have to be a lawyer if they meet SSA's requirements. The same fee rules apply.

When the cap does not apply

The $9,200 cap applies to the fee agreement process. A representative can instead file a fee petition describing the work done, and SSA sets the fee. Fees for work in federal court are decided by the court.

Frequently asked questions

What is the maximum a disability lawyer can charge?

Under a fee agreement: 25% of past-due benefits, up to $9,200.

Do I pay if I lose?

Under the fee agreement process there is no fee if no past-due benefits are awarded, though expenses may be charged.

Related

How to appealDeadlinesThe hearingWhat to expect
Sources: SSA: Fee agreements · SSA: Getting help with your claim