Government Sets Lawyer Tax Rate for Disability Claims
Published Date: 12/11/2025
Notice
Summary
Starting in 2026, the Social Security Administration will keep the fee assessment rate at 6.3% when paying representatives directly from past-due benefits. This means if you have a representative helping you, a small percentage of their fee will cover SSA’s costs. The maximum fee cap is $123, and these rules help keep things fair and clear for everyone involved.
Analyzed Economic Effects
2 provisions identified: 0 benefits, 2 costs, 0 mixed.
Assessment capped at $123 or 6.3% in 2026
If the Social Security Administration pays your representative directly from past‑due benefits in 2026, SSA will take an assessment from that fee equal to the lesser of $123 or 6.3% of the fee. The notice sets the assessment percentage rate at 6.3 percent for 2026 and confirms the maximum dollar limit is $123.
Up to 25% of past‑due benefits may be withheld
If you are entitled to past‑due Social Security benefits and you were represented by an attorney or an approved non‑attorney representative, SSA may withhold up to 25% of those past‑due benefits to pay the representative's approved fee. That withholding is the statutory mechanism SSA uses to pay representatives from past‑due awards.
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