What an SSDI denial attorney does after your claim is rejected

An SSDI denial attorney in Encino represents you in front of the Social Security Administration after your initial claim has been denied. They do not work for Social Security — they work for you. Their job is to gather medical evidence, write the legal argument for why your condition meets the disability standard, and present that case at a hearing before an administrative law judge (ALJ).

Most SSDI denials happen because Social Security's initial reviewer concluded your condition does not prevent you from working any job in the national economy. An attorney challenges that conclusion by submitting new medical records, obtaining statements from your doctors, and cross-examining the vocational informed who testifies about what jobs you could theoretically do. They also know which judges in the Los Angeles area tend to approve cases with similar medical profiles to yours.

Encino is in Los Angeles County, so your hearing will be held before an ALJ in the Los Angeles ODAR (Office of Disability Adjudication and Review). An attorney familiar with that office's patterns and the judges who work there has a concrete advantage over someone representing themselves.

Key Takeaways

  • An SSDI denial attorney works on contingency, meaning they take payment only if you win, and the fee is capped by federal law at 25 percent of your back pay (usually $6,000 to $7,000 total).
  • You can hire an attorney at any point after denial — when ready after receiving the notice, or years later if you are still in the appeals process.
  • The Los Angeles ODAR has specific judges and patterns; an attorney who works regularly in that office knows which medical evidence matters most to each judge.
  • Your attorney will request your medical records, obtain statements from your treating doctors, and prepare you for testimony at the hearing.
  • You can find SSDI attorneys through the Social Security Administration's official representative payee list, the National Organization of Social Security Claimants' Representatives (NOSSCR), or local bar associations in Los Angeles County.

How attorney fees work under Social Security rules

SSDI attorneys operate under a contingency fee agreement, which means you pay nothing upfront and nothing if you lose. If you win, the attorney's fee comes from your back pay — the money Social Security owes you for the months between when you became disabled and when your case was approved.

Federal law caps the attorney fee at 25 percent of your back pay or $7,200, whichever is less. The Social Security Administration must approve the fee before the attorney can collect it. In practice, most SSDI cases that go to hearing result in back pay of $24,000 to $30,000, so the attorney fee is usually between $6,000 and $7,200. You receive the remainder.

Some attorneys also charge for costs — obtaining medical records, ordering vocational informed reports, or filing documents with the court. These costs are separate from the attorney fee and come out of your back pay as well, but they are usually small (under $500 in most cases). Always ask about costs before you sign an agreement.

Finding an SSDI attorney in the Los Angeles area

The Social Security Administration maintains an official list of representatives authorized to charge fees for SSDI cases. You can search that list at ssa.gov/representation and filter by location. Enter "Encino, California" or "Los Angeles, California" and you will see attorneys, non-attorney representatives, and organizations in your area.

The National Organization of Social Security Claimants' Representatives (NOSSCR) also publishes a directory of member attorneys at nosscr.org. NOSSCR members are specialists in Social Security law and typically have more experience with hearing-level cases than general disability attorneys.

The Los Angeles County Bar Association has a referral service that can connect you with disability law specialists. You can reach them through their website or call their lawyer referral line. Many bar associations offer a free 15-minute consultation, which gives you a chance to ask about the attorney's experience with SSDI cases in the Los Angeles ODAR.

When you contact an attorney, ask how many SSDI cases they have taken to hearing in the Los Angeles ODAR, what their approval rate is, and whether they have worked with judges in your specific case. An attorney who has handled 50 cases in that office has real knowledge of how the judges there think.

What to expect when you hire an attorney

After you sign a fee agreement, your attorney will request your complete medical file from Social Security. This includes the records that were submitted with your original process, plus any new records you have since then. Your attorney will also ask you to sign authorization forms so they can obtain records directly from your doctors, hospitals, and mental health providers.

Your attorney will review all of those records and identify the gaps. If you have seen a rheumatologist but Social Security has no report from that visit, your attorney will request it. If your treating psychiatrist has never written a statement about your functional limitations, your attorney will ask them to do so. This step often takes two to four months.

Once the medical evidence is complete, your attorney will prepare a written brief explaining why your condition meets the disability standard. This brief goes to the ALJ before the hearing. Your attorney will also prepare you for testimony — they will ask you questions about your daily life, your symptoms, and what you can and cannot do, so you are ready when the judge asks the same things.

The hearing itself usually lasts 30 to 60 minutes. Your attorney will question you, then cross-examine the vocational informed about whether jobs exist that you could perform given your limitations. After the hearing, the judge issues a decision within a few weeks to a few months.

The difference between approval rates and what they mean

When an attorney tells you their approval rate, ask what they mean by it. Some attorneys report the percentage of cases they take to hearing that result in approval. Others report the percentage of cases they handle (including those they withdraw or settle) that result in approval. These numbers can look very different.

An attorney with a 70 percent approval rate on cases that go to hearing is doing well — the national average for represented claimants at the hearing level is around 50 percent. But an attorney's rate also depends on the types of cases they take. An attorney who only takes cases with strong medical evidence will have a higher rate than one who takes every case that walks in the door.

The most useful question is: "What is your approval rate on cases similar to mine?" If you have a back injury with imaging, ask about their rate on back injury cases. If you have a mental health condition, ask about psychiatric cases. An attorney who knows their own numbers by diagnosis type is being honest with you.

When to hire an attorney and how long the process takes

You can hire an attorney when ready after you receive your denial notice, or you can wait. There is no penalty for waiting — your right to appeal does not expire as long as you file a request for reconsideration or a hearing within 60 days of the denial. Many people hire an attorney only after they have already waited months or even years.

If you hire an attorney right after denial, they can request your file and begin gathering medical evidence while you are still deciding whether to pursue the case. This gives you more time to build a strong record. If you wait a year or two, the process is the same, but you have less time before the hearing.

From the time you hire an attorney to the time of your hearing is usually 12 to 18 months in the Los Angeles ODAR. The wait depends on how busy the office is and whether you request a video hearing (faster) or an in-person hearing (slower). Your attorney will tell you what to expect based on current wait times.

What happens if you lose at the hearing

If the ALJ denies your case at the hearing, you have the right to appeal to the Appeals Council, which is the next level within Social Security. Your attorney can file that appeal for you. The Appeals Council reviews the judge's decision to see whether they made a legal error or ignored evidence in the record.

If the Appeals Council also denies your case, you can file a civil action in federal district court. This is a lawsuit against the Social Security Administration, and it requires a lawyer with federal court experience. Some SSDI attorneys handle federal court cases; others refer you to a federal litigation specialist. Federal court appeals are rare — most cases are decided at the hearing level or the Appeals Council level.

Your attorney's contingency fee agreement usually covers the hearing and the Appeals Council appeal. If you go to federal court, you may need to negotiate a separate fee or hire a different attorney. Ask about this before you sign the initial agreement.

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 by sending a written request to Social Security and your attorney. Social Security will then recognize a new attorney if you hire one. The original attorney can request a fee for work they have already done, but Social Security will review that request and may reduce it if the work was minimal.

What if I cannot afford an attorney?

Because attorneys work on contingency, cost is not a barrier — you pay nothing unless you win. If you are concerned about the contingency fee itself, remember that you only pay it from back pay you would not have received without the attorney's help. Most people who win at hearing with an attorney's representation come out ahead financially even after paying the fee.

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

You can request a video hearing, which is faster and more convenient. Your attorney can appear with you by video as well. In-person hearings at the Los Angeles ODAR are held in downtown Los Angeles. Ask your attorney which option is available and which they recommend for your case.

How long after the hearing will I know if I won?

The ALJ usually issues a written decision within two to six weeks after the hearing. Your attorney will receive it first and will contact you. If you win, Social Security will begin processing your benefits and calculating your back pay. The entire process from approval to receiving your first check usually takes four to eight weeks.

What if Social Security says I do not need an attorney because I can represent myself?

Social Security does not prevent you from representing yourself, but the data shows that represented claimants win at much higher rates than unrepresented ones. At the hearing level, represented claimants are approved in roughly 50 percent of cases; unrepresented claimants are approved in roughly 20 percent. An attorney's knowledge of the law, the judge, and how to present medical evidence makes a measurable difference.