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There is a maximum amount that can be awarded within that 25 percent. Currently, that limit is just under $6000. Often the money owed to your attorney is subtracted from your retroactive benefits payment automatically by Social Security. You may have to pay your lawyer for out of pocket expenses that may have been incurred, in addition to the amounts limited by Social Security. Q: If you are filing a disability claim, is it necessary to have legal representation? A: You do not need a social security attorney to win your case.