What an SSDI denial attorney does
An SSDI denial attorney represents you in front of Social Security, not in court. They review your denial letter, identify what Social Security says went wrong, and build a new case to send back to the agency. Most work on contingency—meaning they take a percentage of your back pay if you win, and nothing if you lose. They do not charge upfront fees.
The attorney's job is to gather medical records you may have missed, arrange a consultative exam if one would help, write a detailed brief explaining why the evidence supports disability, and represent you at a hearing before an administrative law judge if your case goes that far. They know which doctors' opinions Social Security trusts, which diagnoses need what kind of proof, and how to present your work history in a way that matters to the judge.
You can also represent yourself at every stage—Social Security does not require an attorney. But most people who win on reconsideration or at a hearing have legal representation, because the process has rules about what evidence counts and how to argue it.
Key Takeaways
- SSDI denial attorneys work on contingency, taking a percentage of back pay only if you win, with no upfront cost to you.
- An attorney's main job is to gather missing medical evidence, write a detailed brief, and represent you at a hearing before a judge.
- Social Security caps attorney fees at 25 percent of back pay or $7,200, whichever is less, and the agency must approve the fee before the attorney collects it.
- You can represent yourself at reconsideration and at a hearing, but most people who win have an attorney because the process requires knowing which evidence counts and how to present it.
- An attorney cannot speed up Social Security's timeline, but they can prevent you from missing important date and strengthen your case so you are more likely to win the first time you appeal.
When to hire an attorney versus representing yourself
You should consider hiring an attorney if your case involves a complex medical condition, multiple diagnoses, or a work history that does not fit neatly into Social Security's rules. You should also hire one if you have already lost once and are preparing for a hearing, because judges see hundreds of cases and respond to evidence presented in a specific way.
You can represent yourself if your case is straightforward—for example, you have recent, clear medical evidence of a condition that obviously prevents work, and your doctor has already written a statement saying so. You can also represent yourself at reconsideration if you straightforward want to submit new medical records without argument.
The cost of an attorney is a percentage of back pay, typically 20 to 25 percent. If you win and receive $20,000 in back pay, the attorney takes $4,000 to $5,000. If you lose, you pay nothing. This means an attorney has the same incentive you do—to win.
How to find an SSDI denial attorney
Start with the National Organization of Social Security Claimants' Representatives (NOSSCR), which maintains a directory of attorneys and non-attorney representatives who specialize in SSDI cases. You can search by state and see which ones have experience with your condition or work history.
You can also ask your local legal aid office, which may have attorneys who handle SSDI cases for free if you meet income limits. Legal aid is worth calling even if you think you do not may have access to, because some offices have special SSDI programs with higher income cutoffs.
When you contact an attorney, ask how many SSDI cases they have handled, what percentage of their cases go to a hearing, and what percentage they win at a hearing. Ask whether they will represent you at reconsideration or only at a hearing. Ask what they charge and whether Social Security has approved their fee agreement. A good attorney will answer all of these questions directly.
What happens when you hire an attorney
Once you sign a fee agreement, the attorney requests your case file from Social Security and reviews your denial letter to understand what the agency says is wrong. They then contact you to gather information about your medical treatment, work history, and daily limitations.
The attorney will usually ask you to sign releases so they can obtain medical records directly from your doctors. They may also ask you to see a doctor for an exam or testing if your records have gaps. This is different from a consultative exam Social Security orders—your attorney's doctor is working for you and will write an opinion supporting your case.
Once they have all the records, the attorney writes a brief—a detailed document explaining your condition, your work history, and why the medical evidence shows you cannot work. This brief is the core of your case. They then submit it to Social Security along with all the medical records and any other evidence.
Social Security's fee rules for attorneys
Social Security limits what an SSDI attorney can charge you. The fee cannot exceed 25 percent of your back pay or $7,200, whichever is smaller. This is a federal rule, not something the attorney decides.
Before the attorney collects any fee, Social Security must approve it. The agency reviews the fee agreement and the work the attorney did. If Social Security thinks the fee is too high for the work involved, it can reduce it. This approval happens automatically when your case is decided—you do not have to ask for it.
The attorney's fee comes out of your back pay, not from your ongoing monthly benefit. If you win and receive $30,000 in back pay, the attorney takes their fee from that $30,000, and you receive the rest. Your ongoing monthly SSDI payment is separate and is not reduced.
What an attorney cannot do
An attorney cannot speed up Social Security's timeline. Reconsideration still takes three to six months. A hearing still takes one to two years from the time you request it. An attorney cannot change these waiting periods, though they can make sure you do not miss any important date along the way.
An attorney also cannot may provide a win. They can strengthen your case by gathering better evidence and presenting it clearly, but Social Security makes the final decision. If your medical records do not show you cannot work, no attorney can change that.
An attorney cannot represent you in front of a federal court. If you lose at a hearing and want to appeal to federal court, you would need a different kind of lawyer—one who handles civil litigation. Most SSDI cases do not go to federal court, and most attorneys who handle SSDI denials do not practice in federal court.
The difference between attorneys and non-attorney representatives
A non-attorney representative (also called an accredited representative) can do almost everything an attorney can do—gather records, write briefs, represent you at a hearing—but they are not lawyers. They are certified by Social Security and must pass an exam on SSDI rules.
Non-attorney representatives charge the same way attorneys do: contingency, with Social Security's fee cap of 25 percent of back pay or $7,200. They often cost less than attorneys in practice because they may charge a lower percentage, though Social Security's cap applies to both.
The main difference is that an attorney can represent you in federal court if you need to appeal beyond Social Security's hearing. A non-attorney representative cannot. For most people, this does not matter, because most cases are decided at the hearing level. But if your case might go to federal court, an attorney is the safer choice.
Frequently Asked Questions
Can I hire an attorney after I have already lost at reconsideration?
Yes. Most people hire an attorney after reconsideration, when they are preparing for a hearing. At that point, you have already lost once, and the attorney can see what Social Security said was missing and build a stronger case. You can also hire an attorney at reconsideration if you want one from the start.
What if I cannot afford an attorney's fee?
You do not pay upfront. The attorney takes their fee only if you win, from your back pay. If you lose, you owe nothing. This is why contingency representation exists—so people without money can still have legal help.
Can an attorney help me if I am still working?
Yes, but your case is harder. Social Security assumes that if you are working, you can work, even if you are earning very little. An attorney can argue that your work is not substantial—meaning you earn less than the monthly limit Social Security sets—but you will need medical evidence that your condition is severe enough to prevent substantial work.
How long does it take an attorney to prepare my case?
It depends on how many records they need to gather and whether you need a consultative exam. Most attorneys take two to four months to prepare a case for reconsideration or a hearing. During that time, Social Security's own timeline is also running, so the attorney's work happens in parallel with the agency's review.
What happens if my attorney and I disagree about strategy?
You can fire your attorney at any time and represent yourself, or hire a different attorney. You do not need Social Security's permission. If you fire your attorney before they have done much work, you may owe them a reduced fee for the work they did, but Social Security must approve any fee they collect.