What a Denial Attorney Does
When Social Security denies your SSDI claim, a lawyer who handles these cases can review your denial letter, gather medical evidence, and represent you at a hearing before an administrative law judge. The lawyer does not resubmit your original claim—instead, they prepare you for the next step in the appeal process, which is called a request for reconsideration or, if that fails, a hearing before a judge.
In Miami and across Florida, SSDI denial attorneys work on what is called a "contingency fee" arrangement. This means you pay nothing upfront. The lawyer takes a percentage of your back pay—the money Social Security owes you from the date you first filed—only if you win. The fee is capped by federal law at 25 percent of your back pay, or $7,200, whichever is less.
A lawyer's main job is to build a stronger case than the one Social Security already rejected. They request your complete medical records, organize them by date and condition, and often work with a medical informed who reviews your records and writes a statement supporting your claim. They also prepare you to testify at your hearing and cross-examine the government's medical informed if one appears.
Key Takeaways
- A denial attorney in Miami works on contingency, meaning you pay nothing unless you win back pay from Social Security.
- The lawyer's fee is capped at 25 percent of your back pay or $7,200, whichever is smaller, and is paid directly from your award.
- You can hire a lawyer at any stage of appeal—after reconsideration, before a hearing, or even after a hearing judge denies you.
- The Social Security Administration maintains a list of approved representatives in Florida, and you can also find lawyers through local bar associations or disability rights organizations.
- Before hiring, ask the lawyer about their experience with cases like yours, how they charge, and what happens if you lose at the hearing.
When to Hire a Lawyer After Denial
You do not need a lawyer to file a request for reconsideration—the first appeal step after denial. Many people file this themselves, especially if they have new medical evidence that directly addresses why Social Security said no. However, reconsideration is rarely successful; Social Security approves only about 10 to 15 percent of reconsideration requests.
Most people hire a lawyer once they decide to request a hearing before an administrative law judge. This is the stage where a lawyer's work matters most. A judge will review your entire case, hear testimony from you and possibly a medical informed, and make a new decision. Judges approve SSDI claims at much higher rates than the initial review—roughly 40 to 50 percent of cases that reach a hearing are approved—but only if your case is well-prepared.
You can also hire a lawyer after a judge denies you, to pursue an appeal to the Appeals Council or federal court, though these later stages are harder to win and require a lawyer with specific experience in federal litigation.
How to Find a Denial Attorney in Miami
The Social Security Administration keeps an official list of representatives approved to practice before it. You can search this list by location on the SSA website under "Find a Representative." The list includes lawyers, non-lawyer representatives, and organizations. All approved representatives have passed a background check and are bound by the same fee rules.
The Florida Bar Association also maintains a referral service. You can call or visit their website and ask for lawyers who handle Social Security disability cases. Many bar associations will give you the names of three to five lawyers in your area at no cost.
Disability rights organizations in Miami and South Florida, such as the Disability Rights Council of Florida or local legal aid offices, sometimes maintain lists of trusted lawyers or can refer you to one. These organizations often know which lawyers have strong track records in your area and may offer reduced fees for people with low income.
Questions to Ask Before Hiring
When you contact a lawyer, ask how many SSDI cases they have handled and what percentage they won at the hearing stage. A lawyer who has handled hundreds of cases and won 50 percent or more is more experienced than one just starting out. Ask whether they have handled cases involving your specific condition—for example, if you have a mental health condition, ask if they regularly represent people with psychiatric disabilities.
Confirm the fee arrangement in writing. The lawyer should explain that their fee comes from your back pay only, not from your ongoing monthly benefit, and that you will not owe them anything if you lose. Ask what happens if Social Security approves your claim but awards you little or no back pay—some lawyers will still take a small fee, while others may waive it.
Ask the lawyer what they will do to prepare your case. Will they request your medical records? Will they hire a medical informed? How much will that cost, and will it come out of your fee or be billed separately? Ask how long the hearing process usually takes in Miami and what you should expect at the hearing itself.
What Happens After You Hire a Lawyer
Once you sign a fee agreement, the lawyer will file a notice with Social Security stating they represent you. From that point forward, Social Security will send all notices and documents to your lawyer, not to you directly. Your lawyer will request your complete medical file from Social Security and from any doctors or hospitals that have treated you.
The lawyer will also ask you for a detailed history of your medical treatment, work history, and daily activities. They may ask you to sign releases so they can obtain records from providers Social Security does not have. If your case is weak on medical evidence, the lawyer may hire a medical informed—usually a doctor in your field of disability—to review your records and write a statement saying whether your condition prevents you from working.
A few weeks before your hearing, the lawyer will meet with you to prepare your testimony. They will explain what the judge will ask, how to answer clearly, and what not to say. They will also review the government's evidence and plan how to challenge it at the hearing.
Understanding Costs and Payment
Your lawyer's fee is paid from back pay only. If Social Security approves your claim and awards you $15,000 in back pay, your lawyer receives 25 percent of that ($3,750) and you receive $11,250. Your ongoing monthly SSDI benefit is never touched by the lawyer's fee.
If Social Security approves your claim but awards no back pay—for example, because you filed recently—your lawyer typically receives no fee. Some lawyers will ask for reimbursement of costs like medical informed fees, but this varies by lawyer and should be discussed before you hire them.
If you lose at the hearing, you owe your lawyer nothing. You may still owe costs if the lawyer hired a medical informed, depending on what you agreed to in writing. Always ask about this before signing.
What to Bring to Your First Meeting
Bring your Social Security denial letter and any other letters from Social Security about your case. Bring a list of all doctors and hospitals that have treated you, with dates if you remember them. Bring any medical records you already have at home. Bring a summary of your work history—the jobs you held, when you worked, and why you stopped working.
Bring information about your daily activities: how far you can walk, how long you can sit, whether you can lift things, whether you have good days and bad days, and how your condition affects your ability to work. The lawyer will use this to build a picture of your limitations for the judge.
If you have already filed a request for reconsideration, bring any documents Social Security sent you about that decision. If you have already been assigned a hearing date, bring the hearing notice.
Frequently Asked Questions
Can I hire a lawyer who is not on the SSA approved list?
No. Only representatives approved by Social Security can charge a fee for representing you in an SSDI case. An unapproved lawyer can still advise you, but they cannot officially represent you before Social Security or charge you under the federal fee cap. Always verify that your lawyer is on the SSA's official list.
What if I cannot afford a lawyer's costs for medical experts?
Ask the lawyer whether they will advance the cost of a medical informed and deduct it from your back pay if you win. Some lawyers do this; others do not. If the lawyer will not advance costs, ask whether a legal aid office in Miami can help, or whether the lawyer knows of a medical informed who charges less.
Can I switch lawyers if I am unhappy with mine?
Yes. You can fire your lawyer and hire a new one at any time. You must notify Social Security in writing. Your new lawyer will take over your case. Be aware that if your first lawyer did work on your case, they may be owed a fee for that work, even if you switch to someone else.
How long does it take from hiring a lawyer to a hearing decision?
In Miami, the wait for a hearing is typically 6 to 12 months from the date you request one. Your lawyer can file the request, but you cannot speed up the judge's schedule. Once the hearing happens, the judge usually issues a decision within a few weeks to a few months.
What if the judge denies me again after I hire a lawyer?
You can appeal to the Appeals Council, and if that fails, to federal court. These appeals are more complex and expensive. Ask your lawyer before the hearing whether they handle Appeals Council and federal court cases, and what the costs would be if you need to appeal further.