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 How much does it cost to have an attorney represent me?

The maximum amount an attorney can charge to represent you before the Social Security Administration is set by Congress.

As of 2023, that amount is 25% of your past due benefits with a maximum payment of $7,200 for the work performed from application to hearing before a judge.  

Your attorney is paid only if you are awarded benefits.  They are paid directly by the Social Security Administration out of your past due benefits.  If there are no past due benefits, your attorney does not get paid.

For work performed before the United States District Court and the Appellate Court your attorney is paid only if you win your case (not your claim).  They are not paid out of your past due benefits, but out of the Equal Access to Justice Act (EAJA) funds.  

If you are awarded benefits after a successful appeal to the federal court then your federal attorney is entitled to 25% of your past due benefits without the $7,200 cap minus anything they have already been paid through EAJA.

In VA claims, attorneys can charge 20% of past due fees for work performed after initial application.


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