What an SSDI denial attorney does after your claim is rejected

An SSDI denial attorney in Los Angeles represents you in the process of challenging a Social Security Administration rejection of your disability claim. They do not work for Social Security — they work for you. Their job is to gather medical evidence, file the formal appeal documents in the correct order, prepare you for a hearing before an administrative law judge, and argue your case in front of that judge.

Most SSDI denials happen at the initial stage, when Social Security's disability examiner decides your condition does not meet the medical criteria for benefits. An attorney cannot change Social Security's rules or make the agency reconsider on its own. What they can do is build a stronger case than you could alone — by obtaining records Social Security missed, finding a medical informed willing to testify that your condition is severe enough, and presenting that evidence in the formal way a judge expects to see it.

The appeal process has specific important date and procedural rules. Missing a important date or filing the wrong form can close your case permanently. An attorney knows those rules and makes sure you do not lose your case by accident.

Key Takeaways

  • An SSDI denial attorney represents you during the appeal process, which includes the Request for Reconsideration, the hearing before an administrative law judge, and Appeals Council review if needed.
  • You have 60 days from the date on your denial notice to file a Request for Reconsideration; missing this important date closes your case unless you have good cause for the delay.
  • Most SSDI cases are won at the hearing stage, not on reconsideration, so an attorney's role in preparing you for the judge is critical.
  • SSDI attorneys in Los Angeles are paid only if you win — they take a fee from your back pay award, capped by federal law at 25 percent or $7,200, whichever is less.
  • You can represent yourself at any stage of appeal, but the hearing stage is where most people benefit from legal representation because the judge will question your medical evidence directly.

How the appeal process works and where an attorney enters

After your initial denial, Social Security sends you a notice that explains why you were denied and tells you how to appeal. The first formal step is called a Request for Reconsideration. You have 60 days from the date on your denial notice to file this form. An attorney can file it for you and make sure it includes new medical evidence or a clearer explanation of why your condition meets the rules.

If Social Security denies the reconsideration — which happens in most cases — you move to the hearing stage. This is where you appear before an administrative law judge, usually by video or in person. The judge reviews your entire file, asks you questions about your condition and what you can and cannot do, and may call a medical informed to testify. This is the stage where most cases are won or lost. An attorney prepares you for these questions, coaches you on how to describe your limitations, and cross-examines the informed witness.

If the judge denies you, you can ask the Appeals Council to review the decision. This is a written review only — no hearing. An attorney can file this request and argue that the judge made an error of law or fact.

Finding an SSDI attorney in Los Angeles

SSDI attorneys in Los Angeles are regulated by the Social Security Administration and must be licensed to practice law in California. You can find them through the National Organization of Social Security Claimants' Representatives (NOSSCR), which maintains a directory of attorneys and non-attorney representatives who specialize in SSDI and SSI appeals. The directory is searchable by state and city.

You can also search for "SSDI attorney Los Angeles" or "Social Security disability lawyer" online, but verify that any attorney you contact is actually licensed in California and has experience with SSDI cases specifically. Some attorneys advertise broadly for "disability" but focus on workers' compensation or long-term disability insurance, which are different programs with different rules.

Many attorneys offer a free initial consultation. Use this to ask about their experience with cases like yours, how many cases they have taken to hearing, and how many they have won. Ask also whether they charge a flat fee, a contingency fee, or an hourly rate. Most SSDI attorneys work on contingency — meaning they are paid only if you win — but some may charge a small upfront fee for the reconsideration stage.

How SSDI attorneys are paid and what it costs you

Federal law caps what an SSDI attorney can charge you. If you win your case, the attorney's fee is the lesser of 25 percent of your back pay or $7,200. Back pay is the money Social Security owes you from the date your disability began until the date your benefits start. If your back pay is $20,000, the attorney's fee is 25 percent, or $5,000. If your back pay is $40,000, the attorney's fee is capped at $7,200, not 25 percent.

The attorney must file a fee agreement with Social Security before taking your case. This agreement is public — Social Security reviews it to make sure the fee does not exceed the legal cap. You do not pay the attorney directly. Instead, Social Security pays the attorney from your back pay award, and you receive the rest.

If you lose your case, you owe the attorney nothing. This is why the contingency model works: the attorney has no payment unless you win, so they take cases only when they believe you have a real chance of success.

What to bring to your first meeting with an attorney

Bring your denial notice, your original process, and any medical records you have — doctor's notes, hospital discharge summaries, test results, imaging reports, anything that documents your condition. Bring also a list of all doctors and mental health providers you have seen since your condition began, with dates and their contact information. The attorney will need to order records from these providers.

Bring a list of jobs you have held in the past 15 years, with dates and a brief description of what you did. Bring also a description of what a typical day looks like for you now — how long you can sit, stand, or walk; whether you have pain; whether you can concentrate; whether you have memory problems. Write this down beforehand if you can. The attorney will use this to argue that you cannot work.

If you have already filed a Request for Reconsideration on your own, bring a copy of that filing and Social Security's response. If you are still within the 60-day window to file reconsideration, the attorney can file it for you with stronger evidence.

When you should hire an attorney versus representing yourself

You can represent yourself at any stage of the appeal. Many people do file a Request for Reconsideration on their own, especially if they have new medical evidence they did not submit with the original process. The reconsideration stage is simpler and does not require you to appear before a judge.

The hearing stage is where most people benefit from an attorney. At the hearing, the judge will ask detailed questions about your medical condition, your pain, your ability to concentrate, and what you did at your last job. The judge will also hear from a medical informed — usually a doctor or psychologist hired by Social Security — who will testify about whether your condition is severe. An attorney knows how to prepare you to answer the judge's questions in a way that supports your case, and how to challenge the informed's testimony.

If you have complex medical conditions, multiple providers, or a work history that is hard to explain, an attorney is especially valuable. If your case is straightforward — one clear condition, strong medical evidence, no work history to defend — you may be able to represent yourself. But the cost of losing is high: you lose years of back pay and have to start the appeal process over.

What happens after you hire an attorney

Once you sign a fee agreement, the attorney becomes your representative of record with Social Security. This means Social Security will send all notices to your attorney, not to you. Your attorney will order your medical records, review them, and decide whether to file a Request for Reconsideration or go straight to requesting a hearing.

If your case goes to hearing, the attorney will meet with you before the hearing date to prepare you. They will explain what the judge will ask, how to describe your limitations, and what documents the judge will be looking at. They will also obtain a medical informed — usually a doctor in your field of disability — to testify at the hearing that your condition is severe and prevents you from working.

On the day of the hearing, your attorney will present your case to the judge, question you about your condition, cross-examine the Social Security informed, and argue why you meet the rules for disability. After the hearing, the judge issues a written decision, usually within a few weeks to a few months.

Frequently Asked Questions

Can I hire an attorney after I have already filed a Request for Reconsideration on my own?

Yes. If you are still within the 60-day window or if Social Security has not yet made a decision on reconsideration, an attorney can take over your case and file a new reconsideration request with stronger evidence. If reconsideration has already been denied, the attorney can request a hearing on your behalf.

What if I cannot afford an attorney upfront?

Most SSDI attorneys work on contingency, meaning you pay nothing unless you win. There is no upfront cost. Some attorneys may charge a small fee for the reconsideration stage if they believe the case is unlikely to go to hearing, but this is rare and should be discussed in your first meeting.

How long does the appeal process take with an attorney?

Reconsideration usually takes three to six months. If you go to hearing, the wait for a hearing date is typically six months to two years, depending on how busy the Los Angeles hearing office is. After the hearing, the judge's decision comes within weeks to months. Total time from denial to a hearing decision is usually one to three years.

Can an attorney represent me at the Appeals Council stage?

Yes. If the judge denies you at the hearing, an attorney can file a request for Appeals Council review and argue that the judge made an error. However, the Appeals Council reviews only the written record — there is no hearing. Many attorneys include Appeals Council representation in their fee agreement.

What if I disagree with my attorney about strategy?

You have the right to fire your attorney at any time and represent yourself or hire a different attorney. If you fire your attorney before the case is won, you owe them nothing under the contingency model. If you hire a new attorney after your first attorney has already done work, the two attorneys may need to split the fee, which is negotiated between them.