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SSDI Fee Cap Rise: A 2023/2024 Disability Lobbying Win

After years of lobbying, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) representatives finally saw their fee cap increase to $9,200 in 2024—a major shift aimed at ensuring fair compensation for advocates who assist claimants in navigating the complex system.

This policy change, which took effect on January 1, 2024, followed an intensive lobbying campaign throughout 2023 led by the National Organization of Social Security Claimants’ Representatives (NOSSCR), along with support from NADR, AARP, and key law firms. The increase, which had long been overdue, now helps retain skilled representatives and strengthens claimant support. But with a new administration in place, the future of disability advocacy remains uncertain.

Why the Fee Cap Increase Was Needed

For years, the SSDI/SSI fee cap remained stagnant at $6,000, despite the increasing complexity of disability cases. Advocates argued that the outdated cap discouraged experienced representatives from taking on claims, potentially jeopardizing claimant success.

In 2023, NOSSCR and its allies intensified their push for reform. With Martin O’Malley’s appointment as SSA Commissioner in December 2023, there was a window of opportunity for change. After months of negotiations and public pressure, the SSA announced on December 28, 2023, that the fee cap would be raised to $9,200 and indexed to cost-of-living adjustments moving forward.

How NOSSCR and Allies Made It Happen

The lobbying efforts behind this policy shift were strategic and multi-faceted:

• Congressional Advocacy: NOSSCR CEO David Camp testified during O’Malley’s confirmation hearings, making the case for higher fees to maintain claimant access to quality representation.
• Media & Public Awareness: A Baltimore Sun op-ed (Dec. 15, 2023) and a CNBC report (Nov. 10, 2023) highlighted the financial challenges facing disability representatives, adding public pressure.
• Legal & Industry Backing: Organizations like NADR and AARP contributed key data on advocate attrition rates, reinforcing the need for the cap increase.
• Direct Negotiations with SSA: High-level meetings between NOSSCR, NADR, and SSA officials in late 2023 led to the final policy change.

The Trump Administration’s Stance on the Fee Cap

With Donald Trump’s return to the White House in 2025, many expected changes to SSDI policy. However, the new $9,200 fee cap remains intact under Acting SSA Commissioner Andrew Saul, who was reinstated in February 2025.

What’s Next for Disability Representation?

While the increased fee cap is a win for SSDI/SSI advocates, challenges remain:

• Stricter Eligibility Reviews? Saul’s past leadership (2019-2021) emphasized tighter disability determinations, a trend that could return under the Trump administration.
• Ongoing Legal Battles: The Insurance Branch vs. NOSSCR lawsuit, filed in February 2025, may impact future representation policies.
• Future Legislative Battles: With a Republican-led Congress, further policy shifts regarding disability benefits and representation fees are possible.

For now, the higher fee cap ensures that SSDI/SSI claimants continue to receive quality representation. However, advocates must stay vigilant and engaged in policy discussions to protect access to benefits in an evolving political landscape.