SSA Announces 6.3% Assessment Rate for 2026 Representative Fees

Regs.gov: Social Security Administration

Published December 10th, 2025

Detected March 15th, 2026

Summary

The Social Security Administration (SSA) announced that the assessment percentage rate for representative fees will remain at 6.3 percent for 2026. This rate is used to recover costs incurred by the SSA in determining and paying representative fees for claimants.

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What changed

The Social Security Administration (SSA) has issued a notice announcing that the assessment percentage rate for representative fees will remain at 6.3 percent for the year 2026. This assessment is collected from fees paid to representatives (attorneys or non-attorney representatives who meet certain prerequisites) who act on behalf of claimants before the SSA, specifically when past-due benefits are involved. The rate is set annually and is the lesser of 6.3 percent or the percentage necessary to fully recover the SSA's costs.

This notice confirms the continuation of the 6.3 percent rate, which was previously announced in the Federal Register on November 3, 2025. While this is an annual determination, it does not impose new obligations or require immediate action from regulated entities beyond the standard fee collection and assessment process. The SSA will continue to review its costs annually to determine future assessment rates.

Source document (simplified)

Content

ACTION:

Notice.

SUMMARY:

We are announcing the assessment percentage rate under the Social Security Act (Act) is 6.3 percent for 2026.

FOR FURTHER INFORMATION CONTACT:

Mona B. Ahmed, Head of Program, Fiscal, & Disclosure Law, Law and Policy, Social Security Administration, 1961 Stout Street
4th Floor, Suite 4169, Denver, CO 80294. Phone: (303) 844-7108, email Mona.Ahmed@ssa.gov.

SUPPLEMENTARY INFORMATION:

A claimant may appoint a qualified individual as a representative to act on their behalf in matters before the Social Security
Administration (SSA). If the claimant is entitled to past-due benefits and was represented either by an attorney or by a non-attorney
representative who has met certain prerequisites, the Act provides that we shall withhold up to 25 percent of the past-due
benefits and use that money to pay the representative's approved fee directly to the representative.

When we pay the representative's authorized fee directly to the representative, we must collect from that fee payment an assessment
to recover the costs we incur in determining and paying representatives' fees. The Act provides that the assessment we collect
will be the lesser of two amounts: a specified dollar limit; or the amount determined by multiplying the fee we are paying
by the assessment percentage rate. (Sections 206(d), 206(e), and 1631(d)(2) of the Act, 42 U.S.C. 406(d), 406(e), and 1383(d)(2).)

The Act initially set the dollar limit at $75 in 2004 and provides that the limit will be adjusted annually based on changes
in the cost-of-living. (Sections

  206(d)(2)(A) and 1631(d)(2)(C)(ii)(I) of the Act, 42 U.S.C. 406(d)(2)(A) and 1383(d)(2)(C)(ii)(I).) The maximum dollar limit
  for the assessment currently is $123, as we announced in the 
  Federal Register
  on November 3, 2025 (90 FR 49047).

The Act requires us each year to set the assessment percentage rate at the lesser of 6.3 percent or the percentage rate necessary
to achieve full recovery of the costs we incur to determine and pay representatives' fees. (Sections 206(d)(2)(B)(ii) and
1631(d)(2)(C)(ii)(II) of the Act, 42 U.S.C. 406(d)(2)(B)(ii) and 1383(d)(2)(C)(ii)(II).)

Based on the best available data, we have determined that the current rate of 6.3 percent will continue for 2026. We will
continue to review our costs for these services on a yearly basis.

Thomas J. Holland, Chief Financial Officer for Finance, and Management, Social Security Administration. [FR Doc. 2025-22534 Filed 12-10-25; 8:45 am] BILLING CODE 4191-02-P