Direct answer
Can you afford an SSDI appeal?
You can almost always afford an SSDI appeal because representatives work on contingency and the federal fee cap is 25% of back pay or $9,200, whichever is less — usually paid only if you win.
The larger cost of an SSDI appeal is time — months to years without benefits — not attorney fees. Missing the 60-day deadline is the expensive mistake.
Sourced from ssa.gov — see citations below.
How the fee cap works
Under federal rule, SSDI attorney fees are capped at 25% of back pay or $9,200 (2025 cap), whichever is less. The fee is paid out of back pay if the claim wins, so most claimants pay nothing out of pocket.
What losing costs
The costliest mistake in an SSDI appeal is missing the 60-day appeal deadline printed on every denial notice — that usually means starting a new claim and losing months of potential back pay.
What if I lose the appeal
If the appeal loses, no fee is owed on back pay because there is none. Some representatives charge for out-of-pocket costs like medical record copies; ask in writing before signing.
Topics
Sources
Every figure and rule on this page is drawn from official SSA publications. Verify at the links below.
- SSA — Attorney Fees (POMS GN 03920) (ssa.gov)
- SSA — The Appeals Process (ssa.gov)