Direct answer
What is the SSDI attorney fee cap?
The SSDI attorney fee cap is 25% of back pay or $9,200 (2025 cap), whichever is less, set by federal rule and paid out of back pay only if the claim wins — so most claimants pay nothing up front.
The Social Security Administration must approve any attorney fee agreement in an SSDI case.
Sourced from ssa.gov — see citations below.
How the cap works
The Social Security Administration must approve any fee agreement in an SSDI case. Under the fee-agreement process, the fee is the lesser of 25% of past-due benefits or the current federal cap ($9,200 as of 2025).
What claimants actually pay
Most SSDI representatives work on contingency: no back pay, no fee. Some may charge for out-of-pocket costs like medical record copies; get that in writing before signing.
Higher fees
Fees above the cap are possible only through the fee-petition process, which requires a detailed showing and SSA approval — uncommon in ordinary SSDI cases.
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)