If you’re considering applying for Social Security Disability benefits, understanding attorney fees is crucial. Recent changes to the Social Security fee cap makes this a good time to learn about how these fees work and how they might affect your case.
The New Disability Attorney Fee Cap: What’s Changing?
Starting November 30, 2024, the Social Security Administration (SSA) is raising the fee cap for disability lawyers. This means they’re increasing the maximum amount that disability attorneys can charge for their services. The fee cap increase will apply to all claims granted after November 30th.
The new cap amount will be $9,200, up from $7,200. This change comes after the National Organization of Social Security Claimants’ Representatives (NOSSCR) and National Association of Disability Representatives (NADR) met with Commissioner Martin O’Malley. Mr. O’Malley is the Commissioner of the Social Security Administration. He is responsible for managing Social Security programs for retirement, disability, and survivors’ insurance benefits.
Increasing the representative fee cap remains a primary focus for NOSSCR. Effective advocacy for disabled claimants necessitates that representatives receive fair compensation. The new fee agreement ensures that qualified attorneys can continue providing high-quality legal representation while keeping services accessible.
How Attorney Fees Work in Disability Cases
Here’s the most important thing to know: you only pay attorney fees if you win your case. This “contingency fee” arrangement means there are no upfront costs to you. If your claim is approved, your attorney receives a percentage of your past-due benefits, but not more than the fee cap amount.
The fee agreement process works like this:
- Your attorney typically receives 25% of your past-due benefits
- The total fee cannot exceed the cap (soon to be $9,200)
- The SSA determines and approves fee amounts
- Fees are paid directly by the Social Security Administration from your back pay
- You pay nothing out-of-pocket (except, in some cases, minor expenses to your attorney for service costs)
- If you don’t win your case, you don’t pay attorney fees
What Happens if You Switch Attorneys?
Sometimes, people need to change attorneys during their disability case. Here’s what you should know:
- The total fee cap applies to all attorneys who worked on your case combined
- Your previous and new attorneys must divide the final fee (if the first does not agree to relinquishing their fee)
- The division is typically based on the amount of work each attorney performed
- You won’t pay more just because you switched attorneys
As the client, you can ask your first attorney to step down and agree not to charge any attorney fees. If you make this request, they must withdraw from the case but they can still petition for payment.
If your first attorney doesn’t agree to drop their fees, both lawyers must file a fee petition with the SSA. A judge will determine how much money both attorneys will receive. The judge is not required to split fees equally between lawyers.
Annual Fee Updates Starting in 2026
The SSA recognizes that costs change over time. Starting in January 2026, they will review and potentially adjust the fee cap annually along with other Cost of Living Adjustments (COLA). This ensures that disabled claimants can continue accessing quality legal representation in the years to come.
The fee cap has only been raised three times since 1990, including recently in 2022.
Why Choose O’Neil and Bowman Disability Group?
When selecting a disability attorney, experience and dedication matter. Here’s why our firm stands out:
Direct Attorney Access
At O’Neil and Bowman Disability Group, you’ll speak directly with an attorney about your case. We believe in building personal relationships with our clients to better understand their needs and represent them.
Extensive Experience
With more than 25 years of experience handling disability cases, we have extensive knowledge concerning Social Security Disability law and SSA protocols. This experience allows us to navigate complex cases efficiently and effectively.
Comprehensive Support
We assist you throughout the entire claims process, including:
- Initial application preparation
- All levels of disability appeals, from reconsideration to federal court
- Gathering medical evidence
- Communication with the SSA
- Hearing preparation and representation
We Take On Challenging Cases
We’re known for accepting challenging cases that other attorneys might turn away. We believe everyone deserves quality representation, regardless of how complex their case might be.
Move Forward With Your Disability Claim
The complexity of the Social Security Disability claims process can be discouraging. That’s why our law firm is here to help you prove your disability and get the benefits you deserve. With the new fee cap changes coming into effect, now is an excellent time to get professional help with your claim— and you only pay if we win your case!
Contact O’Neil and Bowman Disability Group today for a free consultation. Let our 25+ years of experience work for you. Our attorneys will evaluate your case, explain your options, and guide you through every step of the process.
We represent clients across Virginia, North Carolina, Maryland, and in Washington, D.C. Check out our service areas.
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