SSDI Attorney Fee Agreement: What the 25% / $9,200 Rule Means for Your Back Pay

This article is general information, not legal advice. Fee rules change, so confirm current figures with SSA or a licensed representative before signing anything.

How much can an SSDI attorney charge under a fee agreement?

The fee cannot exceed the lesser of 25 percent of your past-due benefits or $9,200, according to the SSA Fee Agreements page. SSA announced the increase to $9,200 in a Federal Register notice published May 10, 2024 (89 FR 40523), effective November 30, 2024.

In May 2025, SSA said it would keep the $9,200 cap, and that it will publish a notice each year starting January 2026 on whether to raise or maintain it, according to the same Federal Register notice. Check SSA's page for the figure in force when you sign.

Because the fee is "the lesser of" two numbers, a smaller back-pay award means the 25 percent figure controls; a larger one means the dollar cap controls. If 25 percent of past-due benefits exceeds the cap, the representative receives the capped amount and keeps the right to petition for an additional fee, per the SSA Representation Overview.

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Cite this data: Social Security Administration, "Fee Agreements," https://www.ssa.gov/representation/fee_agreements.htm (accessed October 2026).

What counts as "past-due benefits"?

Past-due benefits are the total Title II benefits accumulated because of a favorable determination, up to but not including the month the decision is made. That is the definition in 20 CFR Part 404, Subpart R.

When does the fee agreement have to be filed?

The agreement must reach SSA before the favorable determination. Under 42 U.S.C. § 406(a)(2)(A), the fee agreement must be presented in writing to SSA before the favorable determination, and SSA then approves it at the time of that determination.

SSA's form SSA-1693 states that a fee agreement submitted after SSA's determination or decision will be disapproved.

What terms will SSA refuse to approve?

SSA will disapprove a fee agreement that sets a minimum fee, according to HALLEX HA 01120.012.

More broadly, a representative must not charge or receive any fee SSA has not authorized, or more than SSA authorizes, subject to exceptions such as when a government agency pays the fee and the claimant owes nothing. That rule is in 20 CFR § 404.1720.

How does the attorney actually get paid?

If SSA's decision is favorable and the representative is an attorney, SSA pays the authorized fee directly out of the claimant's past-due benefits, subject to the limits in § 404.1730(b)(1). This is set out in 20 CFR § 404.1720.

Does the attorney's user fee come out of my back pay?

No. SSA charges the representative a user fee of the lesser of 6.3 percent of the fee or a flat dollar cap, and the cap is $123 for payments made on or after December 1, 2025, according to the SSA Representation Overview. The representative cannot charge this to the claimant.

The $123 figure applies on or after December 1, 2025; confirm the current amount on SSA's page, since it may be updated.

How are fees for work in federal court handled?

For work in federal court, a court may award a reasonable fee of up to 25 percent of past-due benefits, payable out of and not in addition to those benefits, under 42 U.S.C. § 406. In Gisbrecht v. Barnhart, 535 U.S. 789 (2002), the Supreme Court held that courts review contingent-fee agreements for reasonableness rather than replacing them.

What should I look for before signing?

The points that matter are the ones SSA's rules address directly:

• No minimum fee. SSA disapproves such agreements (HALLEX).
• Filed before the decision. A late agreement is disapproved (SSA-1693).
• No fee beyond what SSA authorizes. Representatives may not collect unauthorized fees (20 CFR § 404.1720).

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FAQ

How much can an SSDI attorney charge under a fee agreement? The lesser of 25 percent of past-due benefits or $9,200, the cap in effect since November 30, 2024, per the SSA Fee Agreements page.

When does the fee agreement have to be filed? Before SSA's favorable determination. SSA-1693 states that a late-submitted agreement will be disapproved.

Can the agreement set a minimum fee? No. SSA will disapprove a fee agreement that sets a minimum fee (HALLEX HA 01120.012).

Does the attorney's SSA user fee come out of my back pay? No. The representative cannot charge it to the claimant; the cap is $123 for payments on or after December 1, 2025 (SSA).

How are fees for work in federal court handled? A court may award a reasonable fee of up to 25 percent of past-due benefits, payable out of those benefits, and courts review contingent-fee agreements for reasonableness under Gisbrecht and 42 U.S.C. § 406.