Chapter 5 of 5
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Part 2: Preparing to Work With a Representative
How Representatives Are Paid
A plain-English overview of contingency fees, SSA fee agreements, fee caps, and expenses that may be separate from the fee.
Contingency is common
Most disability representatives work on a contingency basis. They are paid only if your claim is approved and you receive past-due benefits. This is intended to make representation more accessible to people who cannot afford to pay upfront. The fee structure is still governed by SSA rules, not only the representative's preferences.
The fee agreement process
The most common arrangement is a written fee agreement. SSA must review and authorize the fee before the representative can charge or collect it. Under the fee agreement process, the authorized fee is generally the lesser of 25% of past-due benefits or the current SSA fee cap. Fee rules can change, so confirm the current cap with the representative and verify at SSA.gov before signing.
No past-due benefits and separate expenses
If SSA approves a claim but there are no past-due benefits, the standard fee agreement structure may result in no fee. Ask explicitly how the agreement handles that situation. Expenses such as medical record fees, copying, and postage may be charged separately and are not governed by the same fee cap.
- What expenses might I owe?
- Do I owe expenses if the claim is denied?
- Will you ask before incurring significant expenses?
- Will expenses be listed in writing with receipts?
What to watch out for
Be cautious of any representative who asks for an unauthorized upfront fee, promises a specific fee amount before SSA review, discourages you from reading the fee agreement, or will not provide copies of what you sign.
Key takeaway
Understand fee agreements, SSA authorization, possible expenses, and what happens if there are no past-due benefits before you sign anything.
Ready for help?
If the process feels overwhelming, you can request help from a disability advocate or representative.
Denials, deadlines, missing records, and hearings are common reasons people ask for help. You can request a review with no obligation. A review does not guarantee representation, approval, or benefits.