What a disability lawyer does after your second denial
After Social Security denies your claim twice, a disability lawyer becomes your representative in front of an administrative law judge. The lawyer does not rewrite your medical evidence or change what happened to your body—they organize what you already have, find the gaps in Social Security's reasoning, and argue why the evidence meets the legal standard for disability. In Easton and across Pennsylvania, most disability lawyers work on contingency, meaning they take no money upfront and are paid only if you win.
At this stage, you are no longer dealing with Social Security's initial review process. You are preparing for a hearing before a judge who has the power to overturn both denials. A lawyer's job is to make sure your medical records, work history, and testimony tell a story that convinces the judge you cannot work.
Key Takeaways
- Disability lawyers in Easton typically work on contingency, taking a percentage of your back pay only if you win, with no upfront cost to you.
- After two denials, your case goes to a hearing before an administrative law judge, where a lawyer can cross-examine the Social Security vocational informed and challenge their conclusions.
- The Social Security Administration sets the maximum fee a lawyer can charge: 25 percent of your back pay or $6,000, whichever is less.
- You can find disability lawyers through the National Organization of Social Security Claimants' Representatives (NOSSCR), the Pennsylvania Bar Association, or local legal aid offices.
- A lawyer cannot may provide a win, but they can identify which medical records are missing, which doctors' statements carry weight, and where Social Security's decision logic breaks down.
How contingency fees work in disability cases
When a disability lawyer takes your case on contingency, they charge you nothing while the case is pending. If you win at the hearing, Social Security pays your back pay—the money you would have received from the date you became disabled until the date the judge approves your claim. The lawyer's fee comes from that back pay, not from your pocket.
The Social Security Administration has set a legal cap on what a disability lawyer can charge: either 25 percent of your back pay or $6,000, whichever amount is smaller. This cap applies to all disability lawyers nationwide, including those in Easton. If your back pay is $20,000, the lawyer's fee would be $5,000 (25 percent). If your back pay is $30,000, the fee would still be capped at $6,000, not $7,500.
You should always ask a lawyer to explain their fee structure in writing before you hire them. Some lawyers also charge for costs—medical record retrieval, informed witness fees, or hearing transcripts—separate from their contingency fee. Ask whether costs are included in the contingency arrangement or billed to you separately.
What happens at the hearing stage
After your second denial, Social Security sends your case to the Office of Disability Adjudication and Review (ODAR). ODAR schedules a hearing before an administrative law judge, usually within 60 to 90 days in the Easton area, though wait times vary. This hearing is your chance to present evidence and testimony in front of someone with the authority to reverse Social Security's decision.
At the hearing, a lawyer can do several things Social Security's initial reviewers did not. They can present medical records in a logical order, call you to testify about your symptoms and limitations, cross-examine the Social Security vocational informed (a witness who testifies about whether jobs exist that you can do), and argue why the judge should find you disabled under the law. The judge hears your case directly, not through a computer system or a file review.
A lawyer's presence at the hearing matters because they know how to challenge Social Security's reasoning. If Social Security says you can do sedentary work but your medical records show you cannot sit for more than 30 minutes, a lawyer can highlight that contradiction and ask the vocational informed how jobs requiring eight-hour days fit your limitations.
Finding a disability lawyer in Easton
The easiest way to find a disability lawyer in Easton is through the National Organization of Social Security Claimants' Representatives (NOSSCR). NOSSCR maintains a directory of lawyers and non-lawyer representatives who specialize in Social Security disability cases. You can search by location on their website and see which representatives serve Northampton County and the surrounding area.
The Pennsylvania Bar Association also has a lawyer referral service. Call their main number or visit their website to request a referral to a disability law specialist in your area. Many bar associations can tell you whether a lawyer has handled Social Security cases and how long they have been practicing.
If you have limited income, contact the Community Legal Services office in Easton or the nearest legal aid organization. Some legal aid offices handle Social Security cases and may represent you at no cost if you meet their income limits. Even if they cannot take your case, they can refer you to private lawyers who work with low-income clients.
Questions to ask before hiring a lawyer
When you call a disability lawyer, have a list of questions ready. Ask how many Social Security cases they have handled, how many resulted in approval at the hearing stage, and whether they have represented clients in front of the judge assigned to your case. Ask whether they charge for costs separately or whether costs are covered under the contingency fee. Ask what they will need from you—medical records, work history, a list of your symptoms—and when.
Ask the lawyer what they see as the strongest and weakest parts of your case. A lawyer who says your case is a sure win is not being honest; no case is certain. A lawyer who can point to specific medical evidence that supports your claim and specific gaps that need to be filled is giving you realistic information.
Ask whether the lawyer will prepare you for the hearing and what that preparation looks like. Some lawyers meet with clients multiple times before the hearing; others do a single phone call. Ask how they will communicate with you—by phone, email, or in person—and how often you should expect to hear from them.
What a lawyer cannot do
A disability lawyer cannot change your medical condition or create evidence that does not exist. If your medical records are thin—few doctor visits, no recent test results, no specialist opinions—a lawyer can help you identify what records are missing and suggest you see a doctor to fill those gaps. But the lawyer cannot make a doctor write a statement if the doctor will not, and cannot argue that you are disabled if the medical evidence does not support it.
A lawyer also cannot may provide that you will win. The judge makes the final decision based on the law and the evidence. A lawyer's job is to present your case as strongly as possible, not to promise an outcome. If a lawyer tells you they may provide approval, that is a sign to look elsewhere.
Lawyers also cannot speed up Social Security's process. The hearing will be scheduled according to ODAR's timeline, not the lawyer's request. If you are waiting for a hearing date, the lawyer can check on the status, but they cannot move you to the front of the line.
Frequently Asked Questions
Can I hire a lawyer before my hearing date is set?
Yes. Most disability lawyers will take your case as soon as you request a hearing after your second denial. You do not need to wait for ODAR to send you a hearing notice. Hiring a lawyer early gives them time to review your file, identify missing evidence, and prepare your case thoroughly.
What if I cannot afford a lawyer's costs for medical records or informed witnesses?
Ask the lawyer whether they will advance costs and deduct them from your back pay if you win, or whether they cover costs as part of their fee. Some lawyers do; others do not. If a lawyer will not advance costs, ask whether legal aid in your area can help, or whether the lawyer can request that Social Security obtain your medical records directly.
Can I switch lawyers if I am unhappy with the one I hired?
Yes, but you should do it before the hearing if possible. If you fire a lawyer after they have done significant work, Social Security may require you to pay them for that work before a new lawyer can take over. Discuss any concerns with your lawyer first; most issues can be resolved with a conversation.
What if I win at the hearing—how long until I get paid?
After the judge approves your claim, Social Security processes the decision and calculates your back pay. This usually takes two to four months. Once the back pay is calculated, Social Security pays your lawyer's fee directly from that amount, and you receive the remainder. You do not have to pay the lawyer out of your own pocket.
Do I need a lawyer, or can I represent myself at the hearing?
You can represent yourself, but statistics show that claimants with lawyers win at higher rates than those without. A lawyer knows how to present medical evidence, challenge Social Security's reasoning, and cross-examine witnesses. If you are considering representing yourself, speak with a lawyer first to understand what you would be handling alone.