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Understanding Disability Attorney Fees for Social Security

Published by Matt Grundy

Judge's gavel and three piles of cash on blue background representing SSD attorney fees

If you’re applying for Social Security Disability (SSD) benefits, understanding how attorney fees work is an important part of the process. Many people start with the same questions: How much does a disability lawyer cost? What happens if you hire more than one lawyer?

Recent changes to the Social Security attorney fees cap have also raised concerns. In 2022, the Social Security Administration (SSA) approved an increase to the fee cap for the first time in several years. Additional updates happened in 2024, as well.

At Grundy Disability Group, we believe claimants deserve clear, straightforward information. Below is an overview of how SSD attorney fees work and how the fee cap can affect you.

The Social Security Attorney Fees Cap

For years, SSD lawyers operated under a fee cap of $6,000, which had remained unchanged since 2009. In 2022, the SSA changed the fee cap to $7,200. However, as of November 30, 2024, the new Social Security attorney fees cap became $9,200 for cases that fall under the “fee agreement” model.

A fee agreement is the most common way disability lawyers get paid. It allows attorneys to charge up to 25% of your past-due benefits, without exceeding the maximum fee cap set by the SSA. This means that the maximum amount a lawyer may receive is currently $9,200.

Does This Mean Disability Lawyers Charge More?

Disability attorneys, like Grundy Disability Group, only receive a fee if they win your case. Many claimants will not reach the $9,200 cap unless they receive a large amount of back pay benefits.

How Much Does a Disability Lawyer Cost?

One of the biggest misconceptions about hiring a Social Security Disability lawyer is the cost. Many people assume they need to pay upfront fees or hourly rates. The truth is, you pay nothing out-of-pocket.

Under federal law, disability attorneys work on a contingency fee basis. That means:

  • There are no upfront charges (with the exception of small fees paid to your attorney for certain services).
  • There are no hourly fees.
  • You only pay if your attorney wins your case and you collect benefits.

If your claim is denied and there is no appeal, you owe nothing. This structure ensures legal representation is accessible to people who are unable to work due to serious medical conditions.

How Attorney Fees Work in Disability Cases

Since fees are regulated by the SSA, the process is simple and transparent:

  1. The Attorney Submits a Fee Agreement: Before representation starts, you sign a fee agreement that outlines how the lawyer will be paid. This agreement must comply with SSA rules and is reviewed before approval.
  2. The SSA Approves the Fee: The SSA reviews the agreement to ensure it follows the standard rules, including the maximum fee cap.
  3. Fees Come Out of Back Pay: If your claim is approved, the SSA will withhold the attorney’s fee from your back pay and send the remaining amount directly to you. This ensures you never have to write a check, and payments remain predictable and regulated.

Some cases require securing expert reports or travel expenses. These costs are not part of the set attorney’s fee. Most firms keep these costs reasonable and fully transparent from the start.

What Happens If You Switch Attorneys?

Many claimants wonder what happens if they change lawyers during their disability case. Fee rules still protect you.

Here’s how it works:

  • The total fee amount cannot exceed the SSA fee cap, even if multiple attorneys are involved.
  • If two attorneys worked on your case, they may need to split the same fee, based on how much work each performed.
  • The SSA decides how the fee is distributed and ensures that claimants are not charged extra.
  • You still never pay out-of-pocket.

As the client, you have the option to request that your initial attorney resign and agree to waive any legal fees. Upon making this request, they may still seek payment.

Will Switching Attorneys Cost More?

No. The SSA will not approve fees that exceed the cap unless a rare “fee petition” is filed, and even then, every dollar is closely reviewed.

If you are unhappy with your current representation or want a more hands-on approach, switching lawyers does not put you at financial risk. Grundy Disability Group often helps clients who need better communication, faster response times, and stronger advocacy.

Annual Fee Cap Updates Starting in 2026

The SSA announced another major change alongside the new fee limit. Beginning in 2026, the attorney fee cap will be reviewed every year. This means:

  • The SSA may adjust the cap annually to reflect the Cost-of-Living Adjustment (COLA).
  • Reviews will prevent long delays between updates (as happened from 2009 to 2022).
  • The process will create more consistent expectations for claimants and Social Security Disability attorneys.

Social Security Disability cases are becoming more complex due to longer wait times, appeals, and additional medical documentation. Annual adjustments help ensure that attorneys can continue providing high-quality representation without financial barriers for claimants.

How Grundy Disability Group Supports Your Claim

Whether you’re applying for benefits for the first time or appealing a denial, Grundy Disability Group ensures you fully understand the fee process and your rights as a claimant.

With our firm, you benefit from:

  • Free consultations
  • You only pay if we win your case
  • Local, dedicated support through every stage of your case

We take the burden off your shoulders by handling paperwork, deadlines, evidence gathering, and communication with the SSA. If you need help securing disability benefits, contact our Missouri disability attorney today. We serve clients throughout Missouri, Kansas, Arkansas, and Oklahoma.

Contact Our Law Firm

Understanding how a Social Security Disability lawyer gets paid and what the fee cap is can help you make confident decisions about your case. The claim system is complicated, but these rules are designed to protect you.

If you have questions about the SSD fee cap or need help with your claim, Grundy Disability Group is here for you. We’ve been providing skilled legal representation to claimants for many years. Contact us today for a free consultation.

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    Frequently Asked Questions

    When do I apply for Social Security disability?

    Our Social Security disability lawyer in charge of your case will work tirelessly to determine what went wrong. Our Social Security attorneys will then refile your claim, making sure everything is in order. Our Social Security lawyers will not stop until you are successful in claiming the benefits you deserve. Read More

    You have to have been disabled, or expect to be disabled, for at least one year to be eligible. So, if you expect to be out of work for one year or more on account of illness or injury, you should file for Social Security disability benefits. Read More

    To apply for Social Security disability benefits, you will need to complete an application for Social Security Benefits and the Disability Report. You can also print the Disability Report, complete it and return it to your local Social Security office. Read More

    Cases are generally handled on a contingency basis. That means the representative receives a fee only if you win your case. Normally the fee is 25% of your back benefits and must be approved by Social Security. Read More

    You do not have to wait until the workers’ compensation ends, and you should not wait that long. Read More

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