What a Disability Attorney Does After You Receive a Denial

A Social Security Disability (SSD) attorney is a lawyer who specializes in appealing denials from the Social Security Administration. They do not work for Social Security — they work for you. Their job is to gather medical evidence, build your case, and represent you at hearings and appeals.

After you receive a denial letter, you have 60 days to file an appeal. An attorney can review your denial notice, tell you why Social Security rejected your claim, and decide whether an appeal makes sense. They handle the paperwork, collect records from your doctors, and prepare you for a hearing in front of an administrative law judge (ALJ).

Most disability attorneys work on contingency, meaning they take payment only if you win. Their fee comes from your back pay — the money Social Security owes you from the date you became disabled. The fee is capped by federal law at 25 percent of your back pay or $7,200, whichever is less.

Key Takeaways

  • You have 60 days from the date on your denial letter to request an appeal, and an attorney can file that request for you.
  • Most disability attorneys charge only if you win, taking 25 percent of your back pay up to a maximum of $7,200.
  • An attorney's main job is gathering medical records, writing the appeal brief, and representing you at a hearing before an administrative law judge.
  • You can hire an attorney at any stage — right after denial, before a hearing, or even after you lose at a hearing.
  • Not every denial requires an attorney, but one increases your chances significantly if your medical records are incomplete or your case is complex.

When Hiring an Attorney Makes the Most Difference

You do not need an attorney to appeal a denial, but statistics show that claimants with attorneys win more often than those without. The Social Security Administration reports that roughly 15 percent of people win on reconsideration (the first appeal level) without an attorney, compared to about 20 percent with one. At the hearing stage, the gap widens: about 50 percent of claimants with attorneys win, versus 30 percent without.

An attorney is most useful if your medical records are scattered across multiple doctors, if your condition is rare or hard to document, or if Social Security's reason for denial was vague. Attorneys also help if you missed important date in your original process or if you have a work history that complicates your case.

You may not need an attorney if your denial was clearly a mistake — for example, if Social Security lost your medical records or if you have recent, strong evidence that directly contradicts their decision. In that case, you might file a reconsideration appeal yourself first.

How to Find and Vet a Disability Attorney

Disability attorneys must be licensed to practice law in your state and must be authorized by Social Security to charge fees. You can verify both by checking the Social Security Administration's list of representatives at ssa.gov/representation, which shows every attorney and non-attorney representative approved to work on disability cases.

Start by asking your doctor's office if they know local disability attorneys. Many medical practices work with the same lawyers repeatedly and can tell you who is reliable. You can also search the National Organization of Social Security Claimants' Representatives (NOSSCR) directory at nosscr.org, which lists members by state and specialty.

When you contact an attorney, ask three things: How many disability cases have they handled? What is their win rate at the hearing stage? Do they charge the standard contingency fee, or do they charge differently? A good attorney will give you straight answers and will not pressure you to hire them when ready.

What Happens When You Hire an Attorney

Once you sign a fee agreement, your attorney becomes your representative on record with Social Security. You will receive a copy of the signed agreement, and Social Security will be notified. From that point forward, Social Security sends all correspondence to your attorney, not to you — though your attorney should keep you informed.

Your attorney will request your complete file from Social Security, which includes your original process, all medical records they received, and the reason for denial. They will then ask you for records from any doctors you saw after you applied, since Social Security often denies claims based on incomplete medical evidence.

Next, your attorney writes an appeal brief — a document that explains why Social Security's decision was wrong and why your medical records show you cannot work. This brief is submitted along with any new medical evidence. Your attorney will also prepare you for a hearing, which usually happens 3 to 6 months after the brief is filed.

The Three Appeal Levels and Where an Attorney Helps Most

Reconsideration is the first appeal level. A different Social Security examiner reviews your entire file from scratch. An attorney can file this for you and submit new evidence, but reconsideration has the lowest win rate of all three levels. Many attorneys recommend moving straight to a hearing request if reconsideration is denied, rather than waiting months for a reconsideration decision.

Hearing before an administrative law judge (ALJ) is the second level. This is where an attorney makes the biggest difference. You sit across from a judge, your attorney presents your case, and the judge may ask you questions. The judge also hears from a medical informed or vocational informed who testifies about your condition. An attorney knows how to question these experts and how to present your medical records in a way that persuades the judge. Win rates at this stage are roughly double for claimants with attorneys.

Appeals Council review is the third level. The Appeals Council reviews the judge's decision on paper only — there is no hearing. An attorney can file this, but it is rarely successful unless the judge made a legal error. If you lose at the Appeals Council, your only remaining option is to sue Social Security in federal court, which requires a lawyer and is expensive.

How Attorney Fees Work and What You Actually Pay

Federal law caps disability attorney fees at 25 percent of your back pay or $7,200, whichever is lower. Back pay is the money Social Security owes you from the date you became disabled until the date your benefits start. If you win and receive $50,000 in back pay, your attorney receives $7,200 (the cap), not $12,500.

Your attorney does not take the fee directly from you. Instead, Social Security pays it from your back pay before sending you the remainder. You will see this on your award letter. If you receive ongoing monthly benefits, your attorney does not take a percentage of those — only from the lump sum of back pay.

Some attorneys charge a flat fee instead of contingency, usually $1,500 to $3,000 upfront. This is less common and is typically only offered if your case is straightforward. Ask about this option if you have the money available and want to avoid the contingency arrangement.

Red Flags and How to Avoid Scams

Be cautious of anyone who guarantees you will win, promises a specific dollar amount, or charges you money before your case is decided. Legitimate disability attorneys cannot may provide outcomes, and they should not charge upfront fees under the contingency model.

Avoid representatives who are not listed on the Social Security Administration's official roster. Anyone charging you a fee to represent you in a disability case must be authorized by Social Security. Check ssa.gov/representation before you hire anyone.

Do not sign a fee agreement that charges more than 25 percent of back pay or $7,200. If an attorney tries to charge you more, report them to your state bar association and to Social Security's Office of Inspector General.

Frequently Asked Questions

Can I hire an attorney after I already lost my hearing?

Yes. You can hire an attorney at any stage of the appeal process, including after a hearing loss. If you lost at the hearing stage, an attorney can file an Appeals Council review and, if that fails, can represent you in federal court. The sooner you hire one, the better, because they will have more time to prepare.

What if I cannot afford an attorney?

Most disability attorneys work on contingency, so you pay nothing unless you win. If you still cannot afford the contingency fee, contact a legal aid organization in your state — many offer free or low-cost representation to people with disabilities. You can find local legal aid through lawhelp.org.

Do I have to use an attorney, or can I appeal on my own?

You can appeal without an attorney. However, claimants with attorneys win more often, especially at the hearing stage. If your case is straightforward and your medical records are complete, you may succeed alone. If your records are scattered or your condition is complex, an attorney significantly improves your odds.

How long does it take to hear back after my attorney files an appeal?

Reconsideration usually takes 3 to 6 months. A hearing request takes longer — typically 6 to 18 months depending on your local hearing office's backlog. Your attorney can tell you the current wait time in your area. During this time, your attorney will gather records and prepare your case.

What if my attorney and I disagree about strategy?

You have the right to fire your attorney at any time and hire a different one, or to represent yourself. If you want to switch attorneys, notify Social Security in writing and provide the name of your new representative. Your old attorney's fee agreement ends, and your new attorney can charge a separate contingency fee on any additional back pay they help you win.