A lot of 9/11 families are not sure what their attorney is allowed to take out of a USVSST Fund payment. There is a clear answer, and it is written into the same statute that governs the Fund. This page lays it out plainly, with the citation, so you can check your own numbers. Our family receives these payments too. This is educational, not legal advice; questions about your specific fee agreement belong with an independent attorney.
The limit: for 9/11 claimants, the cap is 15 percent
By law, for any USVSST payment made after November 21, 2019, no attorney representing a 9/11-related victim may charge, receive, or collect fees and costs that add up to more than 15 percent of that payment. (For non-9/11 claimants, the cap is 25 percent.) This is the limit on what can come out of the Fund payment itself.
A Ceiling, Not a Suggestion
15 percent is the ceiling on fees and costs combined, not a floor and not a suggestion. On a $16,400 USVSST payment, the most an attorney may take is about $2,460.It is enforced: the Special Master will not approve more, and overcharging is a crime
- The Special Master is directed by the statute not to approve any fee that exceeds the cap.
- An attorney who charges, receives, or collects more than the cap allows can be fined or imprisoned for up to one year. This is a federal penalty written into the statute, not a guideline.
What it covers: the Fund payment, specifically
The 15 percent cap applies to fees and costs taken from a USVSST Fund payment. It is a limit on that payment, set by the statute that created the Fund. If you have a broader engagement with counsel that covers other work (for example, other recovery efforts on your judgment), the terms of that agreement are a separate question, and one for an attorney to walk you through. What the statute fixes is the piece that comes out of the Fund payment.
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How to check your own
- Find the USVSST payment amount and what was withheld for fees and costs on that payment.
- The fees and costs together should be no more than 15 percent of the payment (for a 9/11 claim, after November 21, 2019).
- If the math does not look right, or you are simply not sure, you can ask an independent attorney to review your fee arrangement. You are entitled to understand it.
Knowing what you actually keep from each round is the starting point for planning around it. It is also worth remembering that you are not required to hire an attorney to deal with the Fund at all; filing a claim costs nothing, and you have the right to counsel if you want it.
Sources
- Attorney-fee cap (15% for 9/11 claimants on USVSST payments after November 21, 2019; 25% otherwise) and the Special Master's duty not to approve more: 34 U.S.C. § 20144(f)(1).
- Penalty for charging more than the cap (fine and/or imprisonment up to one year): 34 U.S.C. § 20144(f)(2).
- No requirement to hire an attorney (right to counsel): USVSST Fund, Frequently Asked Questions, FAQ 6.1; no cost to file a claim: FAQ 1.5, both at usvsst.com.
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Last reviewed: July 2026. Sirmium Capital LLC is a registered investment adviser. This content is general educational information, not legal, tax, or investment advice, and not an offer of services. It is not a statement about any specific attorney or fee agreement. For questions about your own representation or fees, consult an independent attorney. Registration does not imply any particular level of skill or training.