What a reconsideration lawyer does and when you need one
A reconsideration lawyer represents you during the second stage of the SSDI appeal process, after Social Security denies your initial claim. The lawyer's job is to gather medical evidence, write the legal argument for why you meet the disability criteria, and present your case to a Social Security examiner who will review it on paper. You do not attend a hearing at reconsideration — it is a written review only.
You do not need a lawyer to request reconsideration. You can file the form yourself, gather your own medical records, and submit everything to Social Security. Many people do this successfully. A lawyer becomes useful when your medical history is complex, when you have been denied once already and need to present new evidence, or when you are unsure how to frame your condition in the language Social Security uses to make decisions.
Reconsideration is also the last stage where you can add substantial new medical evidence before moving to a hearing. If you have recent test results, a new diagnosis, or a doctor's statement you did not include the first time, reconsideration is when a lawyer can make the strongest case for including it and explaining why it changes the outcome.
Key Takeaways
- A reconsideration lawyer charges a fee only if Social Security approves your claim, and that fee is capped by federal law at 25 percent of your back pay, up to $7,200 as of 2024.
- You can hire a lawyer at any point during reconsideration, even after you have already submitted your request to Social Security.
- The lawyer must be approved by Social Security as a representative — not every attorney who handles disability cases is authorized to represent you in the SSDI process.
- Reconsideration takes three to five months on average, and a lawyer's main work happens in the first month, gathering records and writing the case narrative.
- If reconsideration is denied, the same lawyer can represent you at the hearing stage without signing a new fee agreement.
How lawyer fees work in SSDI reconsideration
SSDI lawyers work on contingency, meaning they charge a fee only if you win. You pay nothing upfront and nothing if Social Security denies your claim again. The fee comes from your back pay — the money Social Security owes you from the date you became disabled until the date you are approved.
Federal law caps the fee at 25 percent of your back pay or $7,200, whichever is less. As of 2024, the $7,200 cap applies to most cases. If your back pay is $30,000, the lawyer takes $7,200. If your back pay is $20,000, the lawyer takes $5,000 (25 percent). You receive the remainder. Social Security pays the lawyer directly from your back pay; you do not write a check.
Before you hire a lawyer, ask them to estimate your back pay based on the date you say you became disabled. This estimate is not may provide — only Social Security determines the actual amount — but it gives you a sense of what the fee will be. A lawyer should also explain in writing what services are included in the fee and whether they charge for things like phone calls, record requests, or appeals if reconsideration is denied.
Finding and vetting a Social Security representative
Not every lawyer who handles disability cases is authorized to represent you before Social Security. You need a representative who is approved by the Social Security Administration. This includes attorneys, non-attorney practitioners (paralegals with special training), and disability advocates. You can search for approved representatives on the Social Security website under "Find a Representative."
When you search, you will see the representative's name, phone number, address, and whether they are an attorney or non-attorney practitioner. You can also see their fee agreement on file with Social Security — this tells you what they charge and what they cover. Some representatives charge a flat fee; others charge the maximum contingency fee. Some limit their services to reconsideration; others handle the full appeal process through a hearing.
Before you hire anyone, call at least two representatives and ask: (1) How many reconsideration cases have they handled? (2) What is their approval rate at reconsideration? (3) What happens if reconsideration is denied — do they represent you at the hearing stage, and is that included in the fee or a separate agreement? (4) How do they communicate with you — phone, email, or both? A representative who has handled dozens of reconsiderations and can explain their process clearly is more likely to be useful than one who takes every case that walks in the door.
What to expect during the reconsideration process with a lawyer
Once you sign a fee agreement with a lawyer, they become your official representative. You give Social Security permission to send all case information to the lawyer instead of to you. The lawyer then requests your complete medical file from every doctor, hospital, and clinic you have seen since you became disabled. This usually takes two to four weeks.
While records are coming in, the lawyer interviews you about your work history, your medical conditions, and how those conditions prevent you from working. They ask detailed questions about your daily activities, your pain or fatigue levels, and what you tried to do after you became disabled. This conversation becomes the foundation of the written case narrative — the lawyer's argument for why you meet the disability criteria.
The lawyer then writes a brief that explains your medical evidence in the language Social Security uses. Instead of saying "I have bad back pain," the brief describes your specific diagnosis, the imaging results, the treatment you have received, and how those facts match the Social Security definition of disability. The lawyer submits this brief along with all medical records to the reconsideration examiner.
During this time, you do not attend any appointments or hearings. The reconsideration examiner reviews everything on paper and makes a decision. If approved, Social Security notifies both you and your lawyer. If denied, your lawyer should contact you within a few days to discuss whether to request a hearing before an administrative law judge.
When a lawyer is most likely to help your case
A lawyer is particularly useful if you were denied the first time and the reason given was that your condition does not meet a specific Social Security listing. Social Security publishes detailed medical criteria for each condition — for example, what imaging results or test scores prove you have severe arthritis. If your medical records almost but do not quite meet the listing, a lawyer can argue that your condition is medically equivalent to the listing, or that the combination of your conditions prevents work even if no single condition meets the criteria.
A lawyer also helps if you have new medical evidence since your initial denial. If you had surgery, received a new diagnosis, or started a medication that did not work, a lawyer can frame this new evidence as a material change in your condition and explain why it should reverse the first decision. Social Security is more likely to approve reconsideration if you present something genuinely new rather than the same records you submitted before.
A lawyer is less critical if your initial denial was clearly wrong — for example, if Social Security lost your medical records or made an obvious factual error. In that case, you can often win reconsideration by straightforward resubmitting the correct information yourself. But if the denial turned on a judgment call about whether your condition is severe enough, a lawyer's written argument can make the difference.
Representing yourself versus hiring a lawyer
You have the right to represent yourself at reconsideration. You request reconsideration using form SSA-561, gather your own medical records, and submit everything to Social Security. This costs nothing and takes the same amount of time as working with a lawyer — reconsideration takes three to five months either way.
The trade-off is in how your case is presented. Social Security examiners read hundreds of cases. A lawyer's written brief is organized, cites specific medical evidence, and explains the legal standard you must meet. Your own submission might be just as accurate but harder for the examiner to follow. If your case is straightforward — your condition is clearly severe and well-documented — this may not matter. If your case requires interpretation or argument, a lawyer's presentation carries more weight.
Many people represent themselves at reconsideration and win. Others represent themselves, are denied, and then hire a lawyer for the hearing stage. There is no penalty for representing yourself first and hiring a lawyer later. If you are unsure, you can request reconsideration yourself and contact a lawyer if you are denied again.
What happens if reconsideration is denied
If the reconsideration examiner denies your claim, you have 60 days to request a hearing before an administrative law judge. This is the third stage of appeal. If you hired a lawyer for reconsideration, that same lawyer can represent you at the hearing without signing a new fee agreement — the original contingency fee covers both stages.
At the hearing stage, you will attend in person (or by video) and testify about your condition and work history. The judge may also call a medical informed or vocational informed to testify. A lawyer's role at the hearing is much more active than at reconsideration — they ask you questions, cross-examine the experts, and make oral arguments to the judge. This is where many cases are won or lost, and having a lawyer present is more clearly valuable than at reconsideration.
If you represented yourself at reconsideration and were denied, you can hire a lawyer for the hearing stage only. The lawyer will charge the same contingency fee based on your total back pay, not just the portion earned during the hearing stage. This is still usually worth it, because the hearing is your best chance to win if reconsideration failed.
Frequently Asked Questions
Can I hire a lawyer after I have already requested reconsideration?
Yes. You can hire a lawyer at any point during reconsideration, even if you have already submitted your request to Social Security. The lawyer will contact Social Security, provide your case number, and become your official representative. They will then request your medical records and prepare the case narrative. You will not lose any time or evidence by hiring a lawyer mid-process.
What if my lawyer and I disagree about strategy?
You have the right to fire your lawyer and hire a different one, or to represent yourself. If you fire a lawyer before reconsideration is decided, you must notify Social Security in writing. The new lawyer (or you, if representing yourself) will take over the case from that point. If you fire a lawyer after reconsideration is denied but before the hearing, the new lawyer can still represent you at the hearing under a new fee agreement.
Do I have to use a lawyer if I hire one, or can I still represent myself?
Once you sign a fee agreement with a lawyer, they are your official representative and Social Security will communicate with them, not you. You cannot have both a lawyer and represent yourself simultaneously. If you want to represent yourself, you must withdraw the lawyer's representation in writing first.
What if Social Security approves my claim but the back pay is very small?
The lawyer's fee comes from your back pay. If your back pay is $1,000, the lawyer receives $250 (25 percent). Some lawyers will not take cases with very small back pay because the fee does not cover their time. Before you hire a lawyer, confirm they are willing to represent you given your estimated back pay amount.
Can a non-attorney representative do the same work as a lawyer?
Yes. Non-attorney practitioners (also called disability advocates or paralegals) who are approved by Social Security can gather records, write briefs, and represent you at reconsideration and hearings. They charge the same contingency fee and follow the same rules as attorneys. The main difference is that an attorney has a law degree and a non-attorney practitioner does not. Both are equally authorized to represent you before Social Security.