What a Denial Lawyer Does After Your SSDI Claim Is Rejected
When Social Security denies your claim, a lawyer who handles SSDI denials can review the reason you were turned down, gather medical evidence to support your case, and represent you at the appeal hearing in front of a judge. They do not resubmit your original claim—they build a new case for the reconsideration or hearing stage, which is a different process with different rules and a different decision-maker.
In Philadelphia, these lawyers work on contingency, meaning they take payment only if you win. The fee is set by federal law: 25 percent of your back pay (the money owed from when you first became disabled), up to a maximum of $6,000. You pay nothing upfront and nothing if you lose.
A lawyer's main job is to identify what went wrong the first time—whether Social Security missed medical records, misread your doctor's notes, or applied the wrong standard to your condition—and to present that case to a judge who has not yet made a decision about you.
Key Takeaways
- A denial lawyer works on contingency, taking 25 percent of back pay (up to $6,000) only if you win, with no upfront cost to you.
- You can hire a lawyer at any stage after denial: reconsideration, hearing before a judge, or even after the judge's decision.
- Philadelphia has both local SSDI law firms and national firms that handle cases in Pennsylvania; both are regulated by the same federal rules.
- Social Security must approve your lawyer's fee before you pay it, and you can request a fee reduction if $6,000 seems too high for your case.
- A lawyer cannot may provide a win, but they can explain whether your medical evidence is strong enough and what a judge will likely need to see.
When to Hire a Lawyer After Denial
You can hire a lawyer at three different points in the appeal process, and the timing affects what stage your case is in when they start work.
If you hire a lawyer within 60 days of the denial letter, they can represent you at reconsideration—Social Security's first appeal level, where a different examiner reviews your file. This is the fastest route but also the least likely to succeed; reconsideration approves only about 10 to 15 percent of cases nationwide.
Most people hire a lawyer for the hearing stage, which comes after reconsideration is denied. At a hearing, a federal judge (called an Administrative Law Judge, or ALJ) listens to your case, reviews your medical records, and may ask you questions. This is where most reversals happen. You can hire a lawyer at any point before or after reconsideration; the lawyer will then prepare you for the hearing.
You can also hire a lawyer after the judge's decision if you lost at the hearing. This is less common but possible if there are legal errors in the judge's reasoning.
How to Find a Denial Lawyer in Philadelphia
Philadelphia has two main sources for SSDI lawyers: local firms based in the city and national firms with offices in Pennsylvania. Both types are equally regulated by federal law and bound by the same fee limits.
The Social Security Administration maintains a list of representatives authorized to work on SSDI cases. You can search this list on the SSA website by location (Philadelphia, PA) and see each lawyer's name, phone number, and office address. This list includes only people and firms that have passed a background check and agreed to follow federal rules.
You can also ask for referrals from your doctor, local disability advocacy groups, or the Philadelphia Bar Association's lawyer referral service. Many disability lawyers offer a free initial consultation where they review your denial letter and medical records and tell you whether they think you have a strong case.
When you call, ask whether the lawyer has handled cases in the Eastern District of Pennsylvania (where Philadelphia Social Security hearings take place) and how many cases they have taken to hearing. Experience with your specific condition—back injury, mental illness, arthritis—matters less than experience with the hearing process itself.
What Happens When You Hire a Lawyer
Once you sign a fee agreement, your lawyer becomes your official representative. Social Security will send all future notices to your lawyer, not to you, and your lawyer can request your file, order medical records, and schedule your hearing.
Your lawyer will review the reason for denial, ask you detailed questions about your medical history and daily life, and identify what evidence is missing. They may ask you to see a doctor for an updated report or to gather old records from a hospital or clinic. This preparation usually takes two to four months.
Before the hearing, your lawyer will meet with you (usually by phone or video) to prepare you for the judge's questions. They will explain what the judge will ask, how to describe your condition clearly, and what mistakes to avoid. Many people are nervous about speaking to a judge; your lawyer's job is to make you comfortable and ready.
At the hearing itself, your lawyer presents your case, asks you questions to bring out the strongest parts of your story, and may call a medical informed (a doctor or psychologist) to testify about your condition. The judge then decides whether to approve your claim.
The Fee Agreement and What It Covers
Before your lawyer does any work, you both sign a fee agreement that states the lawyer will take 25 percent of back pay, up to $6,000. This is the federal maximum; your lawyer cannot charge more. The fee comes from your back pay only—not from your ongoing monthly benefits—and only if you win.
Social Security must approve the fee agreement before your lawyer can be paid. Your lawyer submits it to the local Social Security office for approval; this usually takes a few weeks. You do not need to do anything; your lawyer handles this step.
If you think $6,000 is too much for your case—for example, if your back pay is small or your case is straightforward—you can ask the judge to reduce the fee. The judge can lower it if they find the fee unreasonable. This request happens at the hearing or after the decision.
The fee covers all of your lawyer's work: reviewing your file, gathering records, preparing you for the hearing, and representing you at the hearing itself. It does not cover costs like ordering medical records or paying a medical informed to testify; those costs are separate and usually small ($100 to $500 total). Your lawyer will tell you about these costs upfront.
Questions to Ask Before You Hire
When you call a lawyer, have your denial letter in front of you and ask these questions:
- How many SSDI cases have you taken to hearing in the Eastern District of Pennsylvania? Look for someone with at least 20 to 30 cases; this shows real experience with the local judges.
- What was your approval rate at the last hearing? A good rate is 50 percent or higher. If a lawyer will not tell you, that is a warning sign.
- Do you think I have a strong case based on my denial letter? A honest lawyer will tell you if your medical evidence is weak or if the judge will be skeptical. Do not hire someone who promises a win.
- How long does the hearing usually take after I hire you? Most cases take three to six months from hiring to hearing. If a lawyer says it will be faster, ask why.
- Will you meet with me before the hearing to prepare? The answer should be yes. If they say they will prepare you by phone the day before, keep looking.
What a Lawyer Cannot Do
A lawyer cannot change the reason Social Security gave for the denial or force the agency to reconsider. They can only present a new case to the judge and argue that the denial was wrong based on your medical evidence.
A lawyer also cannot may provide you will win. Anyone who promises a certain outcome is not being honest. What a good lawyer can do is tell you, based on your medical records and the judge's past decisions, whether your case is strong or weak and what the judge will likely need to see.
A lawyer cannot speed up the process beyond what the system allows. Hearings are scheduled by Social Security, not by your lawyer. If you are told a lawyer can get you a hearing in two weeks, that is not realistic.
Frequently Asked Questions
Can I hire a lawyer before I get my denial letter?
No. A lawyer needs the denial letter to understand why Social Security rejected your claim and what evidence is missing. You can contact a lawyer as soon as you receive the letter; you do not need to wait.
What if I cannot afford the upfront costs for medical records?
Your lawyer can often request records directly from doctors and hospitals, and many will provide them for free or low cost if the request comes from an attorney. Ask your lawyer to handle this; do not pay out of pocket if you do not have to.
Do I have to go to the hearing in person?
You can appear by video or phone in most cases, especially if travel is hard for you. Tell your lawyer if you prefer not to travel, and they will request a video hearing when they schedule it with Social Security.
What if the judge denies me again after I hire a lawyer?
You can appeal to the Appeals Council, a higher level of review. Your lawyer can represent you there too, usually for the same contingency fee. If the Appeals Council denies you, you can file a lawsuit in federal court, though this is rare and requires a different type of lawyer.
How do I know if a lawyer is legitimate?
Check the Social Security Administration's list of authorized representatives on their website, or call the Philadelphia Bar Association to verify the lawyer is licensed in Pennsylvania. Do not hire someone who is not on the SSA list or who is not licensed.