Fee Agreement

A fee agreement is the written contract between a claimant and their representative that sets the fee for representation, and it must be approved by SSA before any fee is paid. Under the standard agreement, the fee is contingent: the representative is paid only if the claim is won and back pay is awarded.

The fee is capped by federal law at 25 percent of past-due benefits, up to a dollar maximum set by SSA, which was raised to $9,200 in late 2024 and is now adjusted annually for cost-of-living increases. SSA usually withholds the approved fee from the back pay and pays the representative directly. Out-of-pocket case costs, such as fees for medical records, may be charged separately under the agreement.