What disability attorneys in Memphis actually do
A disability attorney in Memphis represents you in front of the Social Security Administration—either at the initial stage, the reconsideration stage, or the hearing before an administrative law judge. They do not work for Social Security. They work for you, and they are paid only if you win your case.
Most disability attorneys in Memphis handle Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) cases. They read your medical records, gather evidence from your doctors, prepare you for your hearing, and argue your case to the judge. They know the local judges in Memphis and how each one tends to rule on different types of disabilities.
Attorneys are regulated by the Tennessee Board of Law Examiners. This means they have passed the bar exam and are subject to ethics rules. If you have a complaint about an attorney's conduct, you can file it with the Board.
Key Takeaways
- Disability attorneys in Memphis are paid a percentage of your back pay (usually 25 percent) only if you win, so there is no upfront cost to you.
- You can find attorneys through the Social Security Administration's official list, the Tennessee Disability Rights and Resources Center, or by calling local legal aid offices.
- Before you hire an attorney, ask whether they have handled cases in front of the Memphis judges and what their win rate is on cases like yours.
- An attorney cannot charge you more than 25 percent of your back pay without getting written permission from Social Security first.
How to find disability attorneys licensed in Tennessee
The Social Security Administration keeps an official list of attorneys and non-attorney representatives authorized to work on SSDI and SSI cases. You can search this list at ssa.gov/representation. Type in your zip code or city name and the list will show you who is in your area, their phone number, and whether they are an attorney or a non-attorney representative.
The Tennessee Disability Rights and Resources Center (TDRRC) in Nashville can refer you to attorneys who work on disability cases throughout Tennessee, including Memphis. You can reach them at 615-292-5016. They do not charge for the referral.
Legal Aid Society of the Mid-South serves Shelby County (where Memphis is located) and can connect you with attorneys or tell you whether they have staff attorneys who handle disability cases. Call them at 901-523-8822.
You can also ask your doctor or your local Social Security office for names of attorneys they have worked with before. Word of mouth from people who have won their cases is often the most reliable source.
What to ask an attorney before you hire them
When you call an attorney, ask how many SSDI and SSI cases they have handled in the past year. An attorney who handles disability cases regularly will know the local judges and the types of medical evidence each judge finds persuasive.
Ask whether they have represented clients in front of the judges at the Memphis Social Security hearing office. There are several judges who hear cases there, and an attorney who knows their patterns will be more effective than one who rarely appears in Memphis.
Ask what their win rate is on cases similar to yours. A good attorney will be honest about this. If your condition is common (like back pain or depression), ask what percentage of their back-pain or depression cases result in approval. If your condition is rare, ask how many cases like yours they have won.
Ask whether they will charge you the standard 25 percent of back pay, or whether they charge a flat fee. Most charge 25 percent because that aligns their incentive with yours—they only make money if you win. If an attorney asks for money upfront or charges by the hour, that is a red flag.
How the fee arrangement works
When you hire a disability attorney, you sign a fee agreement that says the attorney will take 25 percent of your back pay if you win. Back pay is the money Social Security owes you from the date you became disabled until the date your benefits start. If you are approved for $50,000 in back pay, the attorney receives $12,500.
The attorney cannot take this money directly from Social Security. Instead, Social Security pays you the full amount, and you pay the attorney from that check. However, you can ask Social Security to send the attorney's fee directly to the attorney's office, which saves you the step of writing a check.
Before the attorney can take their fee, they must file a fee petition with Social Security and get written approval. Social Security almost always approves the standard 25 percent fee. If the attorney wants to charge more than 25 percent, they must show Social Security why the case was unusually difficult and get written permission first.
If you lose your case, you owe the attorney nothing. This is why the fee arrangement is called "contingency"—the attorney's payment is contingent on you winning.
What happens when you hire an attorney
Once you sign the fee agreement, the attorney will request your medical records from your doctors and hospitals. You may need to sign release forms so the attorney can get these records. The attorney will review everything and tell you what evidence is strong and what is missing.
If you have not yet filed for benefits, the attorney will help you file your process. If you have already been denied, the attorney will file a request for reconsideration or, if that important date has passed, will request a hearing before a judge.
The attorney will prepare you for your hearing by explaining what the judge will ask and what kind of answers help your case. They will also contact your doctors to ask whether they will testify by phone or submit a written statement about your condition.
On the day of your hearing, the attorney will be there with you. They will present your medical evidence, ask you questions to bring out the important facts, and cross-examine the Social Security vocational informed who testifies about whether you can work.
Non-attorney representatives as an alternative
You do not have to hire an attorney. You can also hire a non-attorney representative—usually called a "disability advocate" or "accredited representative." These are people who have passed a test given by Social Security and are authorized to represent you in SSDI and SSI cases.
Non-attorney representatives charge the same way attorneys do: 25 percent of back pay, only if you win. They cannot charge more than 25 percent without Social Security's written permission, just like attorneys.
The main difference is that a non-attorney representative cannot represent you in federal court if you want to appeal a judge's decision. If your case goes to federal court, you will need an attorney. For cases that stop at the hearing stage, a non-attorney representative can be just as effective as an attorney and may charge less in some cases.
Red flags when choosing an attorney
Do not hire an attorney who asks you to pay money upfront. Legitimate disability attorneys work on contingency and do not charge you unless you win.
Do not hire an attorney who guarantees you will win. No attorney can promise that. A judge makes the final decision, and judges sometimes deny cases even when the medical evidence is strong.
Do not hire an attorney who pressures you to sign papers without reading them or who will not answer your questions about the fee agreement. You have the right to understand what you are signing.
Do not hire an attorney who tells you to stop seeing your doctor or to stop taking your medication. Your medical records are the core of your case. An attorney who tells you to do anything that harms your health is not looking out for your interests.
Frequently Asked Questions
Can I change attorneys if I am not happy with the one I hired?
Yes. You can fire your attorney at any time by sending a written letter saying you no longer want them to represent you. If your case has already gone to a hearing, you may need to ask the judge's permission to switch attorneys, but judges usually grant this request. The new attorney will still be bound by the 25 percent fee cap.
What if I cannot afford an attorney?
You do not have to afford one upfront—attorneys work on contingency and take their fee only from your back pay if you win. If you are worried about the cost, remember that you pay nothing unless you win. Legal Aid Society of the Mid-South may also have free or low-cost attorneys available depending on your income.
Do I need an attorney to win my case?
No. You can represent yourself at any stage of the process. However, statistics show that people represented by attorneys or non-attorney representatives win their cases at higher rates than people who represent themselves, especially at the hearing stage.
How long does it take to hear back after I hire an attorney?
It depends on what stage your case is at. If you are filing for the first time, Social Security takes three to five months to make a decision. If you are appealing a denial, the timeline is longer—usually one to two years before a hearing date. Your attorney will keep you updated on where your case stands.
Can an attorney help me if I have already been denied twice?
Yes. If you have been denied at the initial stage and the reconsideration stage, you can request a hearing before a judge. This is where an attorney is most helpful, because the judge will make the final decision and an attorney knows how to present evidence persuasively to that judge.