Crowe & Shanahan | The Social Security Law Group

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What are attorney’s fee structures in SSDI and SSI claims?

On Behalf of | May 2, 2024 | Social Security Disability

When facing the daunting task of applying for Social Security Disability Insurance or Supplemental Security Income, having legal support can make a difference in the outcome of your case. Unfortunately, some people hesitate to retain an attorney out of concern for the cost.

There are several things to consider when considering the cost of an attorney’s support for your case.


No fees unless you win

One of the most important things to understand about hiring an SSDI or SSI attorney is that you will not have to pay any upfront fees. Your attorney will only receive payment if you start receiving benefits. This contingency fee structure ensures that you can access legal representation early without worrying about upfront fee costs. At Crowe & Shanahan we do not charge any up front fees or costs.


Fees are capped by federal law

Federal law regulates the attorney’s fees for Social Security disability and SSI cases. That means there is a maximum fee that attorneys can charge for their services. Currently, the fee limit is 25% of your past-due benefits or $7,200, whichever is less. This cap helps protect claimants [the person or persons making a claim] from excessive legal fees. The fee cap is periodically raised by Social Security. In addition, attorneys are only compensated after receiving approval from the Social Security Administration, ensuring they do not get paid until the claim is successfully processed.

UPDATE: In November 2024 the fee limit will go up to $9,200.

The Social Security Administration (SSA) has announced that beginning November 30, 2024 they are increasing the maximum dollar limit for fee agreements approved under the Social Security Act to $9,200. This means that the SSA may approve fee agreements up to that new dollar limit provided that the fee agreement otherwise meets the statutory conditions of the agreement process.

(Maximum Dollar Limit in the Fee Agreement Process, 2024)


How your SSDI/SSI attorney gets paid

If your claim is successful, the SSA will withhold the attorney’s fee from your past-due benefits and pay the attorney directly. This means you will not have to worry about writing a check or making a payment to your attorney. The SSA handles the payment process, ensuring a seamless experience for you.


Getting Social Security benefits takes patience and perseverance. With the help of a skilled SSDI or SSI attorney, you can navigate the process with confidence and increase your chances of obtaining the benefits you deserve.