SSDI Attorney Fee Agreement: What to Sign and What to Watch For
TL;DR: The standard SSDI fee agreement charges 25% of backpay, capped at $7,200 (2025 limit). The SSA withholds the fee from your lump sum and pays the attorney directly. Before signing, confirm it is a fee agreement (capped) and not a fee petition arrangement (uncapped). Ask about out-of-pocket costs for medical records. You can change attorneys at any time, though the total fee remains capped. Read the document before signing.
Before your attorney can represent you, you sign a fee agreement that the SSA must approve. The terms are largely standardized, but there are details worth understanding.
What the Standard Fee Agreement Says
- Attorney receives 25% of past-due benefits
- Maximum fee is $7,200 (2025 cap, periodically adjusted)
- Fee is paid only if you win
- SSA withholds the fee from your backpay
- If you lose, you owe nothing for the attorney's time
Fee Agreement vs. Fee Petition
Make sure your document is a fee agreement, not a fee petition arrangement. Fee petitions are uncapped and can result in higher fees. Some attorneys use fee petitions for complex cases (Appeals Council, federal court). Ask before signing. For more detail, see disability lawyer fees explained.
Out-of-Pocket Costs
Some firms charge small costs for medical record requests ($10 to $50 per provider). Ask upfront what costs you may be responsible for, win or lose.
Changing Attorneys
You can switch attorneys at any time. The total fee is divided between the former and new attorney but still cannot exceed the 25% cap under a fee agreement. Notify the SSA in writing when changing representatives.
Get Represented
ClaimPath connects claimants with attorney partners who use standard fee agreements with no hidden costs.
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Frequently Asked Questions
What are the costs for ssdi attorney fee agreement: what to sign and what to watch for?
TL;DR: The standard SSDI fee agreement charges 25% of backpay, capped at $7,200 (2025 limit). The SSA withholds the fee from your lump sum and pays the attorney directly. Before signing, confirm it is a fee agreement (capped) and not a fee petition arrangement (uncapped).
How do they compare in terms of fee agreement vs. fee petition?
Make sure your document is a fee agreement, not a fee petition arrangement. Fee petitions are uncapped and can result in higher fees. Some attorneys use fee petitions for complex cases (Appeals Council, federal court).
What are the costs for out-of-pocket costs?
Some firms charge small costs for medical record requests ($10 to $50 per provider). Ask upfront what costs you may be responsible for, win or lose.
What should I know about changing attorneys?
You can switch attorneys at any time. The total fee is divided between the former and new attorney but still cannot exceed the 25% cap under a fee agreement. Notify the SSA in writing when changing representatives.
What should I know about get represented?
ClaimPath connects claimants with attorney partners who use standard fee agreements with no hidden costs.