You do not have to have anyone represent you in a Social Security disability claim. If you want help, the Social Security Administration (SSA) lets you appoint an attorney or a non-attorney representative who meets its rules. Either way, SSA must approve the fee, and under a fee agreement it is capped at 25 percent of past-due benefits or $9,200, whichever is less.
This guide explains SSA’s rules on who can represent you, what the EDPNA credential means, how fees are approved, and what to ask before you sign anything.
Who the SSA allows to represent a claimant
SSA’s own booklet, Your Right to Representation, puts it simply: your representative can be an attorney or a non-attorney. You can also handle your claim yourself at every level.
SSA’s regulations set out who qualifies:
- An attorney must be in good standing, have the right to practice before a state or federal court, and not be disqualified, suspended or otherwise barred from representing claimants before SSA.
- A non-attorney representative must be capable of giving valuable help with your claim, be generally known to have good character and reputation, and not be disqualified, suspended or barred. SSA’s rules exclude anyone with a final felony conviction, or a conviction for a crime involving dishonesty, false statements, deceit or theft.
- Every representative must register with SSA in the way SSA prescribes, and SSA may refuse to recognize someone who does not meet the requirements.
Representatives of both kinds must follow SSA’s Rules of Conduct and Standards of Responsibility. If you have a concern about a representative’s conduct, SSA accepts written complaints through its Office of the General Counsel.
A few practical points from SSA:
- You can appoint more than one person, including several people at the same firm or organization, but you appoint individuals, not the organization itself.
- You appoint a representative in writing with Form SSA-1696, Claimant’s Appointment of a Representative. You and your representative both sign it. It can be filed online, by mail or in person.
- You can end the appointment at any time in writing. Your former representative may still be entitled to a fee for work already done.
- Free help may be available. SSA notes that some organizations help people find a representative or offer free services, and each SSA office keeps a list.
What an EDPNA representative is
EDPNA stands for Eligible for Direct Payment Non-Attorney. It is a credential SSA grants to non-attorney representatives who meet extra requirements, so SSA can pay their approved fees directly out of a claimant’s past-due benefits. Attorneys who meet SSA’s registration rules can also receive direct payment.
To become an EDPNA, SSA requires a non-attorney to:
- Meet an education standard: a bachelor’s degree from an accredited U.S. institution, or a high school diploma or GED plus at least four years of relevant professional experience.
- Pass a criminal background investigation.
- Attest under penalty of perjury to having no disqualifying history, such as suspension, disbarment, certain fraud or malpractice judgments, or felony convictions.
- Pass an examination SSA administers, a 50-question multiple-choice test with a passing score of 70 percent or higher.
- Carry professional liability insurance of at least $100,000 per incident and $500,000 in annual aggregate coverage.
- Complete continuing education every year, including an ethics course, and certify it to SSA.
A non-attorney representative who is not an EDPNA can still represent you. The difference is in how the fee is paid: if your representative is not eligible for direct payment, SSA does not pay the fee for you from your back pay, and you would pay the representative yourself once SSA authorizes the amount.
Our page on our team and how we work explains who will handle your claim.
How representative fees are set and approved by the SSA
The most important rule is the same for every representative: a representative cannot charge or collect a fee for work on your claim without SSA’s written approval. That is true even if someone else is paying. SSA approves fees in one of two ways.
The fee agreement process
Most claims use a written fee agreement, signed by you and your representative and filed with SSA before SSA decides the claim. SSA generally approves the agreement if:
- the decision is fully or partly favorable,
- the claim results in past-due benefits, and
- the fee is no more than the lesser of 25 percent of past-due benefits or $9,200, for favorable decisions issued on or after November 30, 2024.
If you disagree with SSA’s decision on the fee agreement or the amount, SSA asks you to contact it within 15 days.
The fee petition process
If there is no approved fee agreement, a representative who wants to be paid must file a fee petition after the work is done. It describes the services provided and the time spent. SSA reviews it and decides a reasonable fee, and you have a chance to object.
How the fee is paid
If your representative is eligible for direct payment, SSA withholds up to 25 percent of your past-due SSDI and SSI benefits, pays the authorized fee from that amount, and sends you any remainder. SSA charges the representative a user fee for this service: 6.3 percent of the fee, capped at $123 for direct payments made on or after December 1, 2025.
Out-of-pocket expenses, such as the cost of copies of medical records, are not part of the authorized fee and do not need SSA approval. A representative may bill them separately, so ask about them up front.
At Social Security Disability Advisors there is no fee unless you win, and the fee is set and approved by SSA and paid from past-due benefits.
What representation covers at each level
SSA describes what any appointed representative can do for you. A representative can:
- get information from your Social Security file,
- help you get medical records and other evidence,
- go with you to interviews, conferences and hearings,
- request reconsideration, a hearing or Appeals Council review for you, and
- help you and your witnesses prepare for a hearing, and question witnesses at it.
A representative cannot testify in your place. At a hearing, the judge still wants to hear from you directly.
Here is how that plays out at each stage:
- Initial application. Help completing forms, listing every provider and making sure the record shows how your condition limits work.
- Reconsideration. Reading the denial, finding what was missing and filing the appeal within 60 days, with updated evidence.
- Hearing before an administrative law judge. Gathering and submitting evidence before the deadline (generally 5 business days before the hearing), preparing you to testify, and questioning medical or vocational experts.
- Appeals Council. Reviewing the judge’s decision for errors and asking the Appeals Council to review it.
- Federal court. This is outside SSA’s process. SSA’s representation rules cover claims before SSA, and a federal court sets its own rules about who may appear before it.
Social Security Disability Advisors handles SSDI and SSI claims at the initial, reconsideration, hearing and Appeals Council levels, in all 50 states. Hearings are held by online video or phone, so your representative does not need to be local. See hearing representation for details.
Questions to ask before you choose anyone
Whoever you are considering, these questions help you compare on facts that matter to your claim:
- Are you eligible for direct payment from SSA? This tells you how the fee will be collected.
- What is your fee, and how is it approved? It should be a fee agreement or fee petition approved by SSA. Get it in writing.
- How do you handle out-of-pocket costs? Medical record fees can add up, and they are separate from the SSA-approved fee.
- Who will work on my case day to day, and who will be at my hearing? Ask how you reach that person and how quickly calls are returned. At our office, staff answer the phone.
- What levels do you handle? Ask whether they handle every level your claim might reach.
- What happens if my hearing date is soon? If a hearing is less than about 3 months away, we usually ask SSA to postpone it so the case can be prepared properly. With 3 or more months, there is usually time without one.
- I already have a representative. Can I switch? You can end an appointment at any time. We can take over a case only if the prior representative agrees to waive their fee.
You can also read SSA’s booklet Your Right to Representation at ssa.gov, and our appeal guide explains each level in more detail.
Common questions
Do I have to have a representative?
No. SSA lets you represent yourself at every level. Representation is a choice.
Is the fee cap the same for every representative?
Yes. The fee agreement limit, the lesser of 25 percent of past-due benefits or $9,200, applies to any representative using the fee agreement process.
Can a non-attorney representative appear at my hearing?
Yes. SSA allows any appointed representative who meets its requirements to attend your hearing, submit evidence and question witnesses.
Do I pay anything if I lose?
Under a fee agreement, no fee is approved unless the decision is favorable and past-due benefits result. Out-of-pocket expenses are a separate matter, so ask about them.