What a disability attorney does
A disability attorney represents you in Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) cases. They handle the paperwork, gather medical records, prepare you for hearings, and argue your case in front of a judge if your initial claim is denied. Most disability attorneys work on contingency, meaning they take payment only if you win — typically 25% of your back pay, capped at $6,600 by federal law.
The attorney's job starts after you have filed a claim with Social Security. They do not file the initial claim for you; that is your responsibility or your representative's. Once you have applied and been denied, or if you are waiting for a hearing, an attorney can step in to build your case, request your medical records from doctors and hospitals, and prepare evidence for a hearing before an Administrative Law Judge (ALJ).
Disability attorneys are licensed lawyers who have passed the bar exam in their state. They are different from non-lawyer representatives — called non-attorney representatives or advocates — who can also represent you but have fewer credentials and different fee limits. An attorney can charge up to $6,600 in fees; a non-attorney representative can charge up to $200 per month or $6,000 total, whichever is less.
Key Takeaways
- Disability attorneys work on contingency, taking payment only if you win, and their fee is capped at $6,600 or 25% of back pay, whichever is less.
- You must file your own initial SSDI or SSI claim with Social Security; an attorney cannot file it for you, but can represent you after denial or at a hearing.
- The Social Security Administration maintains a list of approved attorneys and representatives on its website, searchable by state and city.
- An attorney typically becomes useful after your first denial, when you are preparing for a hearing or considering an appeal.
- Non-attorney representatives can also represent you and charge lower fees, but are not lawyers and have different training and credentials.
When to hire a disability attorney
You do not need an attorney to file your initial SSDI or SSI claim. Many people file alone and are approved without representation. However, if your claim is denied, an attorney becomes much more valuable. The approval rate jumps significantly when an attorney represents you at a hearing before an ALJ, compared to representing yourself.
The best time to hire an attorney is after you receive a denial notice and before your hearing. At that point, you have a specific important date — usually 60 days from the date on your denial letter — to request a hearing. An attorney can use that time to request your complete medical file, identify gaps in your evidence, and prepare you for testimony. If you wait until the week before your hearing, the attorney has less time to build your case.
You can also hire an attorney while your initial claim is pending, though many attorneys prefer to wait until after a denial. If you do hire one early, make sure the fee agreement is in writing and specifies that the attorney will only collect a fee if you win.
How to find an approved disability attorney
The Social Security Administration maintains an official list of attorneys and representatives authorized to charge fees for SSDI and SSI representation. You can search this list on the Social Security website at ssa.gov under "Find Legal Representation." The search tool lets you filter by state, city, and whether you want an attorney or a non-attorney representative.
Only hire someone on this official list. If an attorney or representative is not listed, they are not authorized to charge you a fee for Social Security representation, and you should not work with them. The list includes the person's name, address, phone number, and whether they are a lawyer or non-attorney representative.
You can also ask for referrals from disability advocacy organizations in your state, your local legal aid office, or your doctor. Many attorneys specialize in disability cases and have handled hundreds of hearings. Word of mouth from someone who has worked with them is often the most reliable way to find someone good.
What to expect in a fee agreement
Before you hire an attorney, you and the attorney must sign a fee agreement that Social Security has approved. This agreement must state the amount the attorney will charge, how the fee will be calculated, and when it will be paid. The attorney cannot charge you anything upfront or while your case is pending. Payment comes only from your back pay if you win.
The standard arrangement is that Social Security sends your back pay to the attorney first. The attorney takes their fee (up to $6,600 or 25% of back pay, whichever is less) and sends you the remainder. You do not pay the attorney out of pocket. If you do not win, you owe nothing.
The fee agreement must be filed with Social Security before the attorney can represent you. Your attorney will handle this filing. Do not sign any agreement that does not include Social Security's approval language or that asks you to pay money before your case is decided.
What an attorney will ask you to do
Once hired, your attorney will ask you to gather and provide medical records, work history, and any other documents that support your claim. You may need to sign release forms so the attorney can request records directly from your doctors, hospitals, and previous employers. This process usually takes several weeks.
Your attorney will also prepare you for your hearing by reviewing the questions the judge is likely to ask and helping you practice your answers. They may ask you to write down a detailed timeline of your medical treatment, your symptoms, and how your condition affects your daily life and ability to work. The more specific and detailed you are, the stronger your case.
You will need to attend your hearing in person (or by video, depending on the judge's rules). Your attorney will be there with you, will present evidence, will question you, and will cross-examine any medical or vocational experts the government brings. After the hearing, the judge issues a written decision, usually within a few weeks to a few months.
The difference between attorneys and non-attorney representatives
Both attorneys and non-attorney representatives can represent you at a Social Security hearing. The main differences are credentials, training, and fee limits. An attorney has a law degree, has passed the bar exam, and is licensed to practice law in their state. A non-attorney representative has completed Social Security's training and testing but is not a lawyer.
Non-attorney representatives charge lower fees — up to $200 per month or $6,000 total, whichever is less — compared to attorneys' $6,600 cap. For straightforward cases, a non-attorney representative may be sufficient and will cost you less. For complex medical or legal issues, an attorney's training and credentials may be worth the higher fee.
Both are on Social Security's official list and both are bound by the same rules about when they can charge you and how much. The choice between them often comes down to the complexity of your case, the representative's experience with cases like yours, and your comfort level working with them.
What happens if you disagree with your attorney
If you are unhappy with your attorney's work or believe they are not representing you well, you can fire them and hire someone else. You must notify Social Security in writing that you are ending the representation. Your new attorney will need to file a new fee agreement with Social Security.
If you believe your attorney has overcharged you, charged you improperly, or violated the fee agreement, you can file a complaint with Social Security's Office of the Inspector General or with your state bar association (if the person is a lawyer). Social Security investigates fee complaints and can order an attorney to refund improper charges.
Frequently Asked Questions
Can an attorney help me with my initial claim before it is denied?
Yes, though many attorneys prefer to wait until after a denial. If you hire one early, the fee agreement still applies — you pay only if you win. Make sure the agreement is in writing and approved by Social Security before the attorney does any work.
What if I cannot afford an attorney?
You do not pay an attorney upfront. They work on contingency and take their fee from your back pay only if you win. If you are concerned about the fee, you can hire a non-attorney representative instead, whose fees are lower. Both are on Social Security's official list.
Can an attorney speed up my case?
An attorney cannot make Social Security process your claim faster, but they can make sure your case is as strong as possible when it reaches a judge. A stronger case may be approved sooner at the hearing stage, rather than being denied and requiring an appeal.
Do I need an attorney if I am approved on my first try?
No. If Social Security approves your claim without a hearing, you do not need an attorney. You only need representation if your claim is denied and you are preparing for a hearing or appeal.
What if my attorney and I disagree on strategy?
You have the right to make final decisions about your case. If you and your attorney cannot agree on how to proceed, you can end the representation and hire someone else. Notify Social Security in writing and file a new fee agreement with your new representative.