What Heard and Smith Does and Does Not Do
Heard and Smith is a law firm that represents Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claimants. They work on contingency, meaning you pay nothing upfront and they take a percentage of your back pay if you win. The firm operates in multiple states and handles cases at the initial process stage, reconsideration, and before an Administrative Law Judge (ALJ).
Like all SSDI representatives, Heard and Smith must be approved by the Social Security Administration. This means they have passed a background check and agreed to follow SSA fee rules — currently a maximum of 25 percent of back pay, capped at $7,200 as of 2024. Being SSA-approved does not mean the agency endorses the firm or guarantees results. It means they meet a baseline standard to represent claimants.
The firm does not make decisions about your case. Social Security does. Heard and Smith's job is to present your medical evidence, work history, and testimony in the strongest way possible and to handle the procedural steps — filing forms, meeting important date, requesting records, and arguing your case before a judge if needed.
Key Takeaways
- Heard and Smith is an SSA-approved representative firm that works on contingency, taking a percentage of back pay only if you win.
- SSA approval means the firm meets baseline standards to represent claimants, but does not mean Social Security endorses them or guarantees success.
- You should compare this firm against others by checking their approval status, asking about their approval rate, and understanding what services they actually provide at each stage.
- The quality of representation matters most at the ALJ hearing stage, where a lawyer's skill in presenting evidence and cross-examining witnesses directly affects your chances.
- Before signing with any firm, confirm they handle cases in your state and at the stage where your case currently sits.
How to Check If a Disability Lawyer Is Actually Approved
The Social Security Administration keeps a public list of all approved representatives. You can search it at ssa.gov/representation under "Find a Representative." Search by name, firm name, or location. If Heard and Smith appears in that database with an active status, they are approved to represent you.
Approval status can change. A firm might be suspended or removed if they violate fee rules, miss important date, or fail to communicate with clients. If you are considering representation, check the current status rather than assuming approval from a past conversation or website. The SSA database is updated regularly and is the only official source.
Approval does not tell you whether a firm is good at what they do. It tells you they are legally permitted to do it. That distinction matters. You still need to evaluate their track record, communication style, and whether they have experience with cases like yours.
What Questions to Ask Any Disability Lawyer, Including Heard and Smith
Before you sign a representation agreement, ask the firm directly: What percentage of your cases result in approval? This is called the approval rate or win rate. A firm that wins 60 percent of cases is doing better than one that wins 40 percent, though even strong firms do not win every case. If a firm will not tell you their rate, that is a signal to ask why.
Ask whether they have handled cases at your current stage. If you are at the initial process, a firm experienced at ALJ hearings may not be the best fit — though some firms do both well. If you are already at a hearing, you want someone who has stood in front of judges and knows how to present medical evidence and respond to the judge's questions.
Ask what they will do for you specifically. Will they obtain your medical records, or will you? Will they prepare you for a hearing? Will they write a brief to the judge? Will they represent you if you need to appeal to federal court? Different firms offer different levels of service, and the fee is the same regardless — so understanding what you get matters.
Ask about communication. How often will they contact you? How do you reach them if you have a question? Some firms are responsive; others are not. You are paying them a percentage of your back pay, and you deserve to know what communication to expect.
Why Representation Quality Matters Most at the Hearing Stage
At the initial process and reconsideration stages, Social Security reviews your file on paper. A representative's job is mainly to make sure your medical records are complete and submitted on time. The difference between a good representative and a poor one is smaller at this stage because the judge is not yet involved.
At the ALJ hearing, the difference becomes large. A hearing is a live proceeding where you testify, a vocational informed testifies about available jobs, and the judge asks questions. A skilled representative knows how to present your medical evidence so the judge understands it, how to cross-examine the vocational informed, and how to respond to the judge's concerns in real time. A representative who is unprepared or unfamiliar with hearing procedure can cost you the case.
If you are already at the hearing stage or approaching it, the firm's hearing experience is the most important thing to evaluate. Ask how many hearings they conduct per month, whether they have a hearing preparation process, and whether the same person who signs your agreement will actually appear at your hearing.
Red Flags When Choosing a Representative
Do not work with a firm that guarantees approval. No one can may provide Social Security will approve your case. The decision depends on your medical evidence, your work history, and the judge's assessment. A firm that promises a win is either lying or does not understand the process.
Do not work with a firm that asks for money upfront. SSA rules prohibit this. If a firm asks for a retainer, process fee, or any payment before you win, report them to Social Security at ssa.gov/representation and find another representative.
Do not work with a firm that will not tell you their fee. The maximum is 25 percent of back pay, capped at $7,200. Some firms charge less. If a firm is vague about cost or quotes a number higher than $7,200, clarify in writing before you sign.
Do not sign an agreement you do not understand. A representation agreement should state the firm's fee, what services they will provide, and how you can end the relationship. If the agreement is unclear or the firm will not answer your questions about it, do not sign.
How to Compare Heard and Smith Against Other Firms
You should interview at least two or three firms before deciding. Ask each the same questions: approval rate, experience at your case stage, what services they provide, communication process, and fee. Write down the answers so you can compare.
Check whether each firm is approved by Social Security. Check whether they have any disciplinary history — the SSA database sometimes notes suspensions or removals, though you may also need to search your state bar association's website for complaints.
Ask for references if you are comfortable doing so. Some firms will provide names of past clients who have agreed to speak with prospective clients. Talking to someone who has worked with the firm is valuable, though remember that people who agree to be references are usually satisfied clients.
Consider whether the firm feels responsive to you. Do they answer your questions clearly? Do they explain things in language you understand? Do they seem to care about your case, or do they feel like they are processing paperwork? You will be working with this firm for months or years, so the relationship matters.
What Happens After You Sign With a Representative
Once you sign a representation agreement, the firm notifies Social Security. Social Security then sends all future correspondence to the firm, not to you directly. The firm is responsible for meeting important date, requesting records, and keeping you informed of progress.
You still own your case. You can fire your representative at any time by sending Social Security a written request. If you are unhappy with the firm's work, you do not have to stay. The new representative will take over from that point forward.
If you win, Social Security pays the firm's fee directly from your back pay before sending you the remainder. You do not write a check. The fee comes out of money owed to you, not from your pocket.
Frequently Asked Questions
Is Heard and Smith a good choice for my case?
That depends on your situation. Check whether they are approved by Social Security, ask about their approval rate and experience at your case stage, and compare them against at least one other firm. A good choice for someone at the initial process stage might not be a good choice for someone facing an ALJ hearing. Interview multiple firms and choose based on their experience and your comfort level.
What if I sign with Heard and Smith and then want to switch to a different firm?
You can request a new representative at any time by sending Social Security a written notice. The old firm's representation ends, and the new firm takes over. You will owe the old firm nothing if they have not yet won your case. If they did win and received back pay, their fee was already deducted.
Does Social Security recommend Heard and Smith or any other specific firm?
No. Social Security does not recommend individual representatives. They maintain an approved list, but approval does not mean endorsement. You are responsible for choosing a representative based on your own research and interviews.
Can I represent myself instead of hiring a firm?
Yes. You can handle your case without a representative. Many people do at the initial process stage. At the ALJ hearing stage, representation becomes more valuable because the hearing is a formal legal proceeding. If you choose to represent yourself, you are responsible for all important date and procedures.
What if Heard and Smith is not approved in my state?
Some firms are approved nationally; others are approved only in certain states. Check the SSA database to confirm they are approved where you live. If they are not, you will need to find a different representative or represent yourself.