# What is the SSDI attorney fee cap?

The Social Security Administration must approve any attorney fee agreement in an SSDI case.

**Direct answer:** 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.

## 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.

## Sources
- SSA — Attorney Fees (POMS GN 03920) — https://www.ssa.gov/OP_Home/hallex/I-01/I-1-2-12.html

## Related questions
- [How much does an SSDI lawyer cost?](https://ssdidirectanswers.com/answers/how-much-does-an-ssdi-lawyer-cost)
- [Should I hire a lawyer or file my SSDI appeal myself?](https://ssdidirectanswers.com/answers/should-i-hire-a-lawyer-or-file-my-ssdi-appeal-myself)
- [Can you afford an SSDI appeal?](https://ssdidirectanswers.com/answers/can-you-afford-an-ssdi-appeal)
## Topics
- SSDI Lawyer — https://ssdidirectanswers.com/answers/do-i-need-a-lawyer-for-ssdi
- SSDI Appeals — https://ssdidirectanswers.com/appeals

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Disclaimer: SSDI Direct Answers is a private informational website. It is not affiliated with the Social Security Administration or any government agency. Informational only — not legal, medical, or financial advice. For official information visit ssa.gov.