2026 SSI and SSDI Attorney Fees and Fee Caps

Beginning January 1, 2026, the attorney-fee cap for Social Security Disability cases (both SSDI and SSI) will remain $9,200 or 25% of your past-due benefits, whichever amount is lower.

Fee Petitions 

If your representative uses a fee petition instead of a standard fee agreement, the fee must be approved by the Judge assigned to your case. The approved fee may differ from the standard fee-agreement limit. Always review the terms of your specific fee petition.

Social Security Service Fee 

Social Security charges all representatives a processing fee when fees are paid directly to them. This amount is taken out of the representative’s fee, not yours. For 2026, the service fee is $123.00. Representatives are not allowed to ask claimants to pay this fee.

Costs Not Included in the Representative’s Fee 

Attorney or representative fees do not include the cost of obtaining medical records or other documents needed for your claim. If your representative pays these costs upfront, they may bill you separately for reimbursement. This also does not include any medical bills from your own doctors, hospitals, or clinics. If your representative sends you to an additional doctor for your case, ask whether you may be responsible for those charges.

What You Should Ask Before Signing 

Before agreeing to representation, make sure you understand:

• What the attorney or representative’s fee will be

• What additional costs you may be responsible for

• Whether you must pay for medical records or other expenses if you do not win your case

You should always ask what the fee is, what other fees you may be responsible for, and if you are unsuccessful in being awarded benefits, will you be responsible for any costs for medical records or other records, or even doctor office visits that the attorney or representative, or firm may send you to.  (You are always responsible for your own doctor’s/hospital's, and clinic bills.  This references a doctor that your representative makes you go to.) Asking these questions early helps you avoid unexpected costs and ensures you know exactly what to expect during your claim.