SSDI Attorney Fee 2027
SSDI attorney fee: lesser of 25% of back pay or $7,200 cap (2026). Paid from back pay only. Future monthly benefits keep coming to you.
| Back pay | — |
| 25% of back pay | — |
| Statutory cap | — |
| Attorney fee | — |
| Client back pay net | — |
| Monthly benefit ongoing | — |
| 20-year future value | — |
SSDI attorneys work on contingency — fees regulated by Social Security Administration. Statutory limit: lesser of 25% of past-due benefits (back pay) or $7,200 cap (2026). Fees come ONLY from back pay, not future monthly benefits. Future SSDI continues 100% to you.
How Fees Are Capped
SSA Section 206(a)(2): max fee is 25% of back pay or $7,200 (2026, indexed annually). Attorney files Form SSA-1696 + fee agreement. SSA reviews and approves. Attorneys collecting more risk losing license to practice before SSA.
Fee Petition vs Agreement
Fee Agreement: attorney + claimant sign upfront, capped at lower of 25% or $7,200. Fee Petition: discretionary higher fee in extraordinary cases (rare — represented hearings, multiple denials, ALJ remands). 99% of cases use fee agreement.
Out-of-Pocket Costs
Beyond attorney fee, claimant may pay: medical record copies ($1-2/page, $100-500 typical). Vocational expert fee ($500-2,000 if used at hearing). Travel for hearing. Postage. Should be itemized in retainer agreement.
Last updated May 2026. Sources: SSA Attorney Fee Rules.