Where to Find Disability Attorneys in Sacramento

Sacramento has disability attorneys in private practice, legal aid offices, and through bar association referral services. The fastest way to locate one is through the State Bar of California's Lawyer Referral Service, which maintains a searchable directory of attorneys licensed to practice in Sacramento County. You can search by practice area (Social Security Disability) and get contact information for attorneys who handle SSDI and SSI cases.

Legal aid organizations in Sacramento also employ disability attorneys who work with people who cannot afford private counsel. Community Legal Services and California Rural Legal information both serve Sacramento residents, though they have income limits and may have waiting lists. Call ahead to ask whether they are currently taking new disability cases.

Another route is the National Organization of Social Security Claimants' Representatives (NOSSCR), which publishes a member directory on its website. NOSSCR members are attorneys and non-attorney representatives who specialize in SSDI and SSI work. Many Sacramento attorneys belong to this organization.

Key Takeaways

  • The State Bar of California's Lawyer Referral Service lets you search for disability attorneys by county and practice area, and most will offer a free initial consultation.
  • Legal aid organizations in Sacramento represent low-income people at no cost, but have income limits and may not be taking new cases right now.
  • Disability attorneys typically charge a fee only if you win your case, and that fee is capped by federal law at 25 percent of your back pay, up to $7,200.
  • Before you hire anyone, ask whether they have handled SSDI appeals in front of an Administrative Law Judge, because that is where most cases are decided.

How Disability Attorneys Charge for Their Work

Most disability attorneys in Sacramento work on contingency, meaning they charge you nothing upfront and take a fee only if you win your case. The fee is capped by federal law: it cannot exceed 25 percent of your back pay (the money owed to you from the date you became disabled), with an absolute maximum of $7,200. This cap applies whether you hire an attorney or a non-attorney representative.

Before you sign a fee agreement, read it carefully. It should state the percentage or dollar amount the attorney will take, what "back pay" means in your case, and whether there are any costs you will owe separately (such as medical record retrieval fees or informed witness fees). Some attorneys charge for costs upfront; others deduct them from your award. Ask which applies to you.

If you are already receiving SSDI or SSI and your case is about a different issue — such as a work incentive question or a representative payee dispute — the attorney may charge an hourly rate instead. Ask about this before you meet.

What to Ask a Disability Attorney Before You Hire Them

When you call or meet with an attorney, have a list of questions ready. Ask how many SSDI and SSI cases they have handled in the past three years, and specifically how many went to a hearing before an Administrative Law Judge (ALJ). Most disability cases are decided at the hearing stage, so an attorney with hearing experience is important.

Ask whether they have handled cases with your type of condition or medical evidence. Some attorneys focus on certain diagnoses or have relationships with particular medical experts. Ask what the timeline looks like for your case — how long until a decision is likely, and what happens at each stage.

Ask what they will do if Social Security denies your case at the first level. Will they file an appeal? Will they represent you at a hearing? Some attorneys only handle initial applications; others handle the full appeal process. You need to know which one you are hiring.

Finally, ask for references from past clients if possible. A good attorney should be willing to provide at least one or two names of people they have represented.

The Difference Between Attorneys and Non-Attorney Representatives

You do not have to hire an attorney. Non-attorney representatives — also called advocates or representatives — can represent you before Social Security and at hearings. They must be accredited by Social Security, which means they have passed a background check and agreed to follow Social Security's rules. Their fee is also capped at 25 percent of back pay, up to $7,200.

Non-attorney representatives often charge less than attorneys and may have more time to spend on your case. However, they cannot give you legal information outside the scope of your Social Security case, and they cannot represent you in court if you need to sue Social Security. For most people, a non-attorney representative is sufficient.

You can find accredited non-attorney representatives through the same State Bar referral service, or by asking Social Security directly. When you call Social Security's 1-800 number, ask whether they have a list of representatives in your area.

What Happens When You Hire an Attorney

Once you sign a fee agreement, your attorney will request your medical records from your doctors and hospitals. This usually takes two to four weeks. They will also ask you for a detailed history of your work, your medical condition, and how your condition affects your ability to work.

Your attorney will prepare your case file and submit it to Social Security along with your process (if you have not already applied) or your appeal (if Social Security has already denied you). If Social Security denies you again, your attorney will file a request for a hearing before an Administrative Law Judge.

At the hearing, your attorney will present your medical evidence, question any medical informed Social Security brings, and ask you questions to help the judge understand your condition. The judge will issue a written decision, usually within a few weeks to a few months. If you win, Social Security will calculate your back pay, deduct the attorney's fee, and send you the remainder.

Red Flags When Choosing a Disability Attorney

Avoid any attorney or representative who guarantees you will win, promises a specific amount of money, or tells you to stop working or stop taking medication. No one can may provide a Social Security decision, and these claims are signs of dishonest practice.

Be cautious of anyone who asks you to pay a large upfront fee before they do any work, or who pressures you to sign papers without reading them. Legitimate disability attorneys work on contingency and give you time to review any agreement.

If an attorney or representative is not responsive to your calls or emails, or if they do not explain what is happening in your case, that is a reason to consider finding someone else. You have the right to fire your representative at any time and hire a different one.

Frequently Asked Questions

Can I switch attorneys if I am not happy with the one I hired?

Yes. You can fire your representative at any time by sending Social Security a written notice. If your case has already been decided and you are appealing, you can hire a new attorney for the appeal. The new attorney's fee will be calculated separately from the first one's fee, and both will be deducted from your back pay if you win.

What if I cannot afford an attorney and do not may have access to for legal aid?

Many disability attorneys work on contingency and do not require any money upfront, so cost should not prevent you from hiring one. You can also represent yourself, though this is harder. Social Security publishes a free guide called "Your Right to Representation" that explains your options.

How long does it usually take to get a decision with an attorney?

Timeline varies widely. An initial process decision takes three to six months. If Social Security denies you, an appeal to the Appeals Council takes another four to six months. A hearing before a judge can take one to two years from the time you request it. Your attorney can give you a more specific estimate based on your case.

Do I need an attorney to appeal a Social Security decision?

No, you can appeal on your own. However, most people who appeal without representation are denied again. An attorney or representative significantly increases your chances of winning at the hearing stage, which is where most cases are decided.

What should I bring to my first meeting with a disability attorney?

Bring any letters from Social Security, your medical records or a list of doctors you have seen, a list of medications you take, and information about your work history. Bring your Social Security card and a photo ID. The attorney will ask you detailed questions about your condition and how it affects your daily life.