What Happens When You Hire an Attorney for Reconsideration

When you request reconsideration of a denied SSDI claim, an attorney can file the request on your behalf, gather medical evidence, and represent you if the case goes to a hearing. The attorney does not change the reconsideration process itself — Social Security still reviews your file using the same five-step evaluation — but a lawyer can strengthen what goes into that review and handle the paperwork so you do not have to.

Reconsideration is the second stage of appeal. It means Social Security will look at your case again, usually with a different examiner, and consider new medical records or evidence you did not submit the first time. An attorney's job at this stage is to make sure the strongest possible case lands on that examiner's desk.

You can hire an attorney at any point: before you file the initial claim, after you receive a denial, or after you have already filed reconsideration on your own. If you hire one after filing reconsideration, the attorney will take over the file and may add new evidence before Social Security makes a decision.

Key Takeaways

  • An SSDI attorney files the reconsideration request, obtains medical records from your doctors, and organizes evidence into a format Social Security reviewers will actually read.
  • You pay the attorney only if you win — the fee comes from your back pay, capped at 25 percent of the past-due benefits or $7,200, whichever is less.
  • The attorney must be approved by Social Security's Office of Hearings Operations; check the Social Security website or ask for their fee agreement before you hire.
  • Reconsideration takes three to six months on average, and the attorney handles all communication with Social Security so you do not have to track important date yourself.
  • If reconsideration is denied, the attorney can file for a hearing before an administrative law judge without you having to hire someone new.

How Attorney Fees Work in SSDI Reconsideration

SSDI attorneys work on contingency, which means you pay nothing unless you win. When you do win, the attorney's fee is taken from your back pay — the money Social Security owes you for the months between when you filed and when your claim was approved.

The fee is limited by law. An attorney can charge no more than 25 percent of your back pay or $7,200, whichever is smaller. If your back pay is $20,000, the attorney gets 25 percent, which is $5,000. If your back pay is $40,000, the attorney gets $7,200, not 25 percent. Social Security pays the attorney directly from your back pay; you receive the remainder.

Before you hire an attorney, you must sign a fee agreement that states the exact fee amount and how it will be calculated. This agreement must be approved by Social Security. If an attorney tries to charge you a fee upfront or asks for money before a decision is made, that is a violation of federal law and you should contact a different attorney.

What an Attorney Does During Reconsideration

An attorney's main job is to build a medical record that proves you cannot work. At reconsideration, Social Security will look at the same medical evidence you submitted before, but an attorney can add new records — recent test results, updated treatment notes, or opinions from your doctors that directly address why you cannot perform work.

The attorney will contact your doctors' offices, request all relevant medical records, and review them to find the strongest evidence. If a doctor has not written a detailed statement about your limitations, the attorney may ask the doctor to write one. This is called a medical source statement or residual functional capacity (RFC) assessment, and it carries significant weight because it comes directly from someone treating you.

The attorney also writes a brief — a document that explains your case in plain language, cites the medical evidence, and shows how that evidence meets Social Security's rules for disability. This brief goes into your file and the reconsideration examiner reads it. Without an attorney, your file may contain medical records but no explanation of how they prove disability; with an attorney, the connection is made explicit.

If Social Security asks for more information during reconsideration, the attorney responds on your behalf and meets any important date. You do not have to remember when responses are due or what documents to send.

Finding and Hiring an SSDI Attorney

Not every lawyer can represent you in SSDI cases. The attorney must be approved by Social Security and must have a valid Social Security representative number. You can verify this on the Social Security website under "Find a Representative" or by asking the attorney directly for their representative number.

Many SSDI attorneys work for nonprofits or small firms that focus only on disability law. You can find them through referrals from disability advocacy groups, your state bar association, or by searching "SSDI attorney" plus your state or city. Some attorneys offer free initial consultations, which gives you a chance to ask questions before you commit.

When you meet with an attorney, ask: How many SSDI cases have you handled? What is your approval rate at reconsideration? Will you request new medical evidence or just submit what I already have? What is your fee agreement, and has Social Security approved it? A good attorney will answer these questions directly and will not pressure you to hire them on the spot.

The Timeline and What to Expect

Once you hire an attorney and sign the fee agreement, the attorney files the reconsideration request with Social Security. This triggers a new review of your case. The examiner assigned to reconsideration is usually different from the one who denied you the first time, which is the whole point of the reconsideration stage.

Reconsideration typically takes three to six months, though this varies by state and by how busy the local Social Security office is. During this time, the attorney may send additional medical records or a brief to Social Security. You do not need to do anything; the attorney handles all contact with Social Security.

If Social Security approves your claim at reconsideration, you win. Your back pay is calculated, the attorney's fee is deducted, and you receive the remainder. You also become Medicare-may be able to access 24 months after your disability onset date, and you may be Medicaid-may be able to access depending on your state.

If reconsideration is denied, the attorney can file a request for a hearing before an administrative law judge (ALJ) without you having to hire a new representative. The same attorney continues your case, and the fee agreement stays in place.

When to Hire an Attorney Before Reconsideration

Some people hire an attorney before they file reconsideration, especially if their initial denial letter suggests the case is weak or if they have complex medical conditions. An attorney can review your denial letter and tell you whether reconsideration is worth pursuing or whether you should go straight to a hearing request.

You should consider hiring an attorney early if: your medical records are scattered across multiple providers and you need help gathering them; you have a condition that is hard to explain in writing, such as chronic pain or mental illness; you were denied because Social Security said you could do sedentary work, even though your doctors say otherwise; or you have already tried reconsideration once and were denied again.

If you file reconsideration on your own first and then hire an attorney, that is also fine. The attorney can take over the case at any point and add new evidence before a decision is made. There is no penalty for hiring an attorney later.

Red Flags and What to Avoid

Be cautious of anyone who promises a specific outcome or guarantees approval. No attorney can may provide that Social Security will approve your claim. Legitimate attorneys will tell you honestly whether your case is strong or weak based on the medical evidence.

Do not work with an attorney who asks you to pay a fee upfront, charges you a percentage of your monthly benefits (as opposed to back pay), or refuses to provide a written fee agreement. These are violations of federal law and a sign that the attorney is not approved by Social Security.

If an attorney tells you to stop treatment or to hide information from Social Security, stop working with them when ready. Social Security will discover the truth, and hiding information can result in your claim being denied and your case being referred to investigators.

Verify the attorney's representative number on the Social Security website before you sign anything. If the number does not come up, the attorney is not approved and cannot represent you in SSDI cases.

Frequently Asked Questions

Can I switch attorneys if I am not happy with the one I hired?

Yes. You can fire your attorney at any time and hire a different one. You will need to sign a new fee agreement with the new attorney, and Social Security must approve it. The old attorney may be owed a portion of the fee if they did significant work on your case, but this is negotiated between you and the two attorneys.

What if I win at reconsideration but the attorney's fee seems too high?

The fee is set by the fee agreement you signed before the attorney did the work. If you believe the fee violates the 25 percent or $7,200 cap, you can file a complaint with Social Security's Office of Hearings Operations. Social Security can reduce the fee if it finds the attorney charged more than allowed by law.

Do I have to hire an attorney for reconsideration, or can I do it myself?

You can request reconsideration on your own without an attorney. Many people do. An attorney is most helpful if your medical records are incomplete, if you need help explaining why you cannot work, or if your first denial suggests Social Security misunderstood your condition. If you have strong medical evidence and clear documentation, you may not need an attorney at this stage.

What happens to my attorney's fee if I die before the case is decided?

If you die before Social Security approves your claim, your case may be closed and no fee is owed. However, if you have a surviving spouse or children under 19, they may be able to receive benefits based on your work record. The attorney can discuss this with your family and explain what options exist.

Can a non-attorney representative help with reconsideration instead of an attorney?

Yes. Social Security also approves non-attorney representatives, such as accredited disability advocates or paralegals. They charge the same fee structure as attorneys and can do much of the same work — gathering medical records, writing briefs, and representing you at hearings. Non-attorney representatives may cost less to hire and can be just as effective, depending on their experience.