What a Disability Attorney Does After Your SSDI Claim Is Denied

A disability attorney in Conyers handles the appeal process after Social Security denies your claim. They do not rewrite your process or contact Social Security on your behalf before a denial — they step in after the letter arrives. Their job is to build a stronger case for reconsideration, gather medical evidence Social Security missed, prepare you for a hearing before an administrative law judge, and represent you in front of that judge if your case reaches that stage.

Most disability attorneys in the Conyers area work on contingency, meaning they collect a fee only if you win. Social Security sets a cap on what they can charge: 25 percent of your back pay (the money owed from when your disability began), up to a maximum of $6,000. You pay nothing upfront and nothing if you lose.

The appeal process after a denial typically takes one to three years, depending on how backed up the hearing office is. An attorney cannot speed that up, but they can make sure your case is ready when your hearing date arrives and that you do not miss any important date along the way.

Key Takeaways

  • Disability attorneys in Conyers work on contingency, collecting a fee only if you win, capped at 25 percent of back pay up to $6,000.
  • You can hire an attorney at any point after denial, but earlier is better because they can prepare your medical evidence and witnesses before your hearing.
  • The appeal process moves through reconsideration, then a hearing before an administrative law judge, and Social Security's own appeals council if needed.
  • You can find attorneys through the National Organization of Social Security Claimants' Representatives (NOSSCR), the State Bar of Georgia, or by asking your local legal aid office for referrals.

When to Hire an Attorney in Conyers

You do not have to hire an attorney when ready after denial. Many people file for reconsideration on their own first. Reconsideration is Social Security's first appeal step — they review your file with fresh eyes, and you can submit new medical records. If reconsideration is also denied, that is when most people bring in an attorney, because the next step is a hearing before a judge, and judges expect organized evidence and clear testimony.

Hiring an attorney before reconsideration is also reasonable, especially if your medical situation is complex or you have already been denied once before. An early attorney can make sure your reconsideration package is as strong as possible. The downside is that reconsideration moves faster than a hearing — usually four to six months — so an attorney may have less time to work with you.

Do not wait until after your hearing date is set. Once Social Security schedules your hearing, you have limited time to prepare, and an attorney hired at that point has less room to gather new evidence or locate medical providers who can testify on your behalf.

How to Find a Disability Attorney in Conyers

Start with the National Organization of Social Security Claimants' Representatives (NOSSCR). Their website has a searchable directory of attorneys and non-attorney representatives licensed to handle SSDI cases. Filter by Georgia and Conyers or nearby areas. NOSSCR members follow a code of conduct and must stay current on Social Security law.

The State Bar of Georgia also maintains a lawyer referral service. You can search by practice area (disability law or Social Security) and location. Not all disability attorneys are NOSSCR members, but the State Bar listing will show whether they are in good standing and whether any complaints have been filed against them.

Your local legal aid office may also refer you to disability attorneys who work with low-income clients. In the Conyers area, contact Atlanta Legal Aid Society or ask your county's bar association for a disability law referral. Some attorneys offer free initial consultations, so you can ask questions before committing.

What to Expect When You Meet an Attorney

At your first meeting, the attorney will ask for your denial letter, your medical records, your work history, and any statements from doctors or therapists. They will review your case to see whether reconsideration or a hearing is the next step and whether they think you have a reasonable chance of winning. They should be honest if your case is weak — a good attorney will tell you if the evidence does not yet support your claim and what would need to change.

The attorney will explain the fee agreement in writing. You should understand that they collect 25 percent of back pay up to $6,000 if you win, and you pay nothing if you lose. Ask whether they charge for things like copying records or obtaining medical reports — some do, some do not, and it should be spelled out in your contract.

Once you hire them, the attorney takes over communication with Social Security. You will still need to respond to any requests Social Security sends you, but your attorney will guide you through that. They will also tell you what new medical evidence to gather and may ask you to see a doctor for an updated evaluation if your condition has changed since your denial.

The Appeal Timeline and What Your Attorney Will Do at Each Stage

After denial, Social Security gives you 60 days to request reconsideration. If you hire an attorney, they will file that request and include any new medical evidence. Reconsideration usually takes four to six months. Your attorney will monitor the case and contact Social Security if it stalls.

If reconsideration is denied, you have 60 days to request a hearing before an administrative law judge. This is where an attorney becomes most valuable. They will prepare a written brief explaining why your medical condition meets Social Security's rules, organize your medical records in order, and prepare you for testimony. They may also contact doctors or vocational experts who can testify at your hearing. The hearing itself usually happens six to eighteen months after you request it, depending on the judge's schedule.

If the judge denies you, your attorney can request review by Social Security's Appeals Council. This step is less common — most cases either win at the hearing or end there — but your attorney will advise you whether it makes sense in your situation.

Questions to Ask Before Hiring

Ask the attorney how many SSDI cases they have handled and what their win rate is. They should give you a number, not a vague answer. Ask whether they have represented clients in front of the specific judge assigned to your case — judges vary in how they interpret the rules, and an attorney familiar with your judge has an advantage.

Ask what happens if you disagree with their strategy. For example, if they recommend not requesting a hearing and instead accepting reconsideration, you should understand why and feel free to get a second opinion. Ask how often they will update you on your case and how you will reach them if you have questions.

Ask whether they have ever been disciplined by the State Bar of Georgia or faced complaints. You can also check this yourself on the State Bar website. A clean record is not a may provide of quality, but a history of complaints is a red flag.

Alternatives If You Cannot Afford an Attorney

If you cannot pay an attorney's contingency fee or do not want to, you can work with a non-attorney representative. These are people trained and certified by Social Security to represent claimants. They charge the same contingency fee as attorneys — 25 percent of back pay up to $6,000 — but they may be easier to reach and may charge lower out-of-pocket costs for things like medical records.

You can also appeal on your own. Many people win at reconsideration or at a hearing without an attorney, especially if they have strong medical evidence and can speak clearly about how their condition affects their ability to work. Social Security provides a free guide called "The Appeals Process" that walks you through each step. If you choose this route, ask your local legal aid office whether they offer free help preparing your case.

Frequently Asked Questions

Can an attorney in Conyers represent me if I live somewhere else in Georgia?

Yes. Disability attorneys licensed in Georgia can represent you statewide. You do not need to find someone in Conyers specifically — you can work with an attorney in Atlanta, Savannah, or anywhere else in the state. Many conduct meetings by phone or video, so location matters less than finding someone experienced and available.

What if I already paid someone to help with my initial process and it was denied?

You can hire a new attorney for the appeal at no cost to you — the contingency fee applies only to the appeal, not to what happened before. If the person who helped you before was a non-attorney representative or an attorney, you can ask them to continue working with you on appeal, or you can switch to someone else. There is no penalty for changing representatives.

How much back pay will I receive if I win?

Back pay is the money Social Security owes you from the date your disability began, minus the five-month waiting period. The exact amount depends on when Social Security determines your disability started, which is decided during your case. Your attorney will explain the calculation once they review your file, but they cannot predict the exact number until Social Security makes its decision.

Do I have to go to a hearing in person, or can I do it by phone or video?

You can request a hearing by video or phone. Most judges allow this, though some still require in-person hearings. Your attorney will know the preference of the judge assigned to your case and can request the format that works best for you. Video and phone hearings are as formal as in-person ones — you still take an oath and answer questions under penalty of perjury.

What if the attorney I hire is not responsive or does not seem to care about my case?

You can fire your attorney and hire someone else at any time. You will need to notify Social Security in writing and have both the old and new attorney sign a form transferring representation. Your new attorney will take over from that point. If you believe the first attorney violated ethics rules, you can file a complaint with the State Bar of Georgia.