What a child SSDI lawyer does
A lawyer who handles child SSDI cases represents your family in front of the Social Security Administration. They file the initial claim, gather medical records, write the statement that explains why your child meets the disability standard, respond to Social Security's requests for more information, and represent your child at a hearing if Social Security denies the case.
Child SSDI is different from adult SSDI because Social Security uses a different definition of disability for children. Your child does not have to have worked. Instead, Social Security looks at whether your child has a severe medical or mental condition that causes marked and severe functional limitations. A lawyer familiar with child cases knows how Social Security evaluates these limitations and what evidence matters most.
You can represent yourself without a lawyer, but the process is long and the medical and legal language is dense. Many families find a lawyer helpful because Social Security denies most initial claims, and having someone who knows the appeal process can change the outcome.
Key Takeaways
- Child SSDI lawyers are paid only if they win your case, and Social Security caps what they can charge at 25 percent of back pay, up to $6,000.
- You can find lawyers through your state's protection and advocacy agency, the National Organization of Social Security Claimants' Representatives, or by calling your local legal aid office.
- A lawyer should explain how Social Security defines disability for children and what medical records will matter most in your child's case.
- You do not need a lawyer to file a claim, but most families who reach a hearing have one, because the hearing is where most cases are won or lost.
How child SSDI lawyers are paid
Child SSDI lawyers work on what is called a contingency fee. This means they are paid only if Social Security approves your child's case and awards back pay. If Social Security denies the claim, you pay nothing.
When your child wins, the lawyer's fee comes from the back pay — the money Social Security owes from the month you filed the claim until the month Social Security approves it. Social Security law says a lawyer cannot charge more than 25 percent of the back pay, with a hard cap of $6,000. So if your child's back pay is $20,000, the lawyer gets $5,000 (25 percent). If the back pay is $30,000, the lawyer still gets $6,000, not $7,500.
The lawyer may also ask you to pay for costs like obtaining medical records, ordering medical exams, or paying a doctor to write a report. These costs are separate from the lawyer's fee. Ask the lawyer upfront what costs they expect and whether you will owe them if the case is denied.
Where to find a child SSDI lawyer
The National Organization of Social Security Claimants' Representatives (NOSSCR) keeps a directory of lawyers and non-lawyer representatives who handle SSDI cases. You can search by state and see which ones work with children. Not every lawyer in the directory handles child cases, so call and ask before assuming they do.
Your state's protection and advocacy agency is a federally funded office that helps people with disabilities. They can refer you to lawyers in your area who handle child SSDI cases and may know which ones have the most experience with your child's specific condition. You can find your state's agency through the National Disability Rights Network website.
Legal aid offices in your county or state may also have lawyers who handle SSDI cases, or they can refer you to one. Call your local legal aid office and ask whether they work on SSDI cases or can recommend someone who does. Legal aid is free if your income is low enough to meet their threshold.
You can also ask your child's doctor, school, or a disability advocacy group focused on your child's condition. They often know which lawyers in your area understand that condition and have worked with families before.
What to ask a lawyer before you hire them
Before you sign a fee agreement, ask the lawyer these questions:
- How many child SSDI cases have you handled? A lawyer with 50 child cases has more experience than one with five. Ask how many of those cases were approved and how many went to a hearing.
- Have you handled cases involving my child's condition? A lawyer experienced with autism cases may not know much about cystic fibrosis. Specific experience matters.
- What will you do in the first month? The answer should include ordering medical records, reviewing them, and talking to you about what Social Security will need to see.
- If Social Security denies the claim, will you file an appeal? Some lawyers only handle initial claims. You want to know whether they will stick with your case through a hearing.
- What costs do you expect, and who pays if we lose? Get this in writing. Some lawyers cover costs themselves; others ask the family to pay.
- How often will you contact me, and how? You should know whether the lawyer will call, email, or meet in person, and how often you can expect updates.
The difference between a lawyer and a non-lawyer representative
You can also be represented by a non-lawyer representative — someone trained in SSDI law but not licensed to practice law. They can do almost everything a lawyer does: file your claim, gather records, write statements, and represent you at a hearing. The main difference is that a non-lawyer cannot give you legal information about your rights or strategy.
Non-lawyer representatives often charge the same contingency fee as lawyers (25 percent of back pay, capped at $6,000). They are also listed in the NOSSCR directory. Some families choose a non-lawyer representative because they cost less to hire or because the representative has more experience with their child's specific condition.
Both lawyers and non-lawyer representatives must be authorized by Social Security to represent you. When you hire either one, you sign a form called an SSA-1696, which tells Social Security who is representing your child. Do not hire anyone who does not ask you to sign this form.
What happens after you hire a lawyer
Once you sign the fee agreement, the lawyer will ask you for medical records — hospital visits, doctor appointments, test results, school records, and anything else that shows how your child's condition affects daily life. Gathering these records takes time, sometimes several months.
The lawyer will also ask you detailed questions about your child: how the condition started, what your child can and cannot do, how it affects school, friendships, self-care, and daily routines. This information becomes part of the written statement the lawyer sends to Social Security explaining why your child meets the disability standard.
Social Security will then send you a form asking for more information or scheduling your child for a medical exam. The lawyer will help you fill out the form or prepare for the exam. If Social Security denies the claim, the lawyer will file an appeal and request a hearing before an administrative law judge. Most cases that are approved happen at the hearing stage, not at the initial claim stage.
Red flags: what to avoid
Do not hire anyone who guarantees your child will win. No one can may provide a Social Security decision. Do not hire anyone who asks you to pay an upfront fee before the case is decided. Do not hire anyone who is not registered with Social Security as your representative — they should give you the SSA-1696 form to sign.
Be cautious of anyone who says they can speed up the process or get a decision in weeks. Child SSDI cases typically take one to three years from filing to approval. Anyone promising faster results is either exaggerating or planning to cut corners.
If a lawyer or representative stops communicating with you, does not return calls for weeks, or seems uninterested in your child's case, you can fire them and hire someone else. You are in control of who represents your child.
Frequently Asked Questions
Can I change lawyers if I am not happy with the one I hired?
Yes. You can fire your lawyer or representative at any time by notifying Social Security in writing. If your case is approved, the new lawyer cannot charge more than the original lawyer's fee combined — the total cannot exceed 25 percent of back pay or $6,000. If the first lawyer already took their fee, the second lawyer's fee comes out of what is left.
What if I cannot afford a lawyer?
Legal aid offices offer free representation if your income is below their threshold. Your state's protection and advocacy agency may also represent you for free. Some non-lawyer representatives charge lower fees than lawyers. Call your local legal aid office first.
Do I need a lawyer to file the initial claim?
No. You can file the claim yourself online at ssa.gov or in person at your local Social Security office. Many families do this without a lawyer. However, most families who reach a hearing have hired a lawyer by then, because the hearing is where the case is usually decided.
What if my child's case is approved — when does the lawyer get paid?
Social Security sends the back pay to you and the lawyer at the same time. The lawyer's portion is deducted automatically, and you receive the rest. You do not have to pay the lawyer separately.
Can a lawyer represent my child if I am the one filing the claim?
Yes. You file the claim as the parent or guardian, and the lawyer represents your child in the case. The lawyer works with you to gather information and make decisions, but your child is the person Social Security is deciding about.