What Brock & Stout's Win Rate Actually Means

Brock & Stout is a law firm that handles Social Security Disability Insurance (SSDI) cases, primarily at the appeal stage. The firm publishes a win rate — the percentage of cases they win — but that number alone does not tell you whether they are the right choice for your situation. A high win rate can reflect the types of cases a firm takes on, not just how well they argue them. Some firms accept only strong cases; others take riskier ones. Both approaches can produce different win rates for different reasons.

The firm's published materials claim a win rate in the range of 70 to 80 percent, though this figure varies depending on the stage of appeal and the time period measured. You should ask the firm directly for their most recent win rate, how they calculate it, and what types of cases are included in that number. A firm that wins 75 percent of cases at the hearing level may have a different rate at the Appeals Council stage, and those numbers matter differently depending on where your case stands.

Key Takeaways

  • Brock & Stout's published win rate ranges from 70 to 80 percent depending on the appeal stage, but you should request their current figures and ask how they calculate them.
  • A firm's win rate reflects both the strength of cases they accept and the quality of their representation, so comparing rates between firms requires knowing what cases each one takes on.
  • The firm typically works on contingency, meaning they take a percentage of your back pay if you win, not an upfront fee.
  • You can verify a disability lawyer's standing and any complaints through your state bar association's public records.
  • Your case outcome depends more on your medical evidence and work history than on which firm represents you, so focus on whether they will invest time in gathering strong documentation.

How Disability Lawyers Calculate and Report Win Rates

Win rates are not standardized across the disability law industry. One firm might count only cases that went to a hearing before an administrative law judge (ALJ). Another might include Appeals Council decisions or remands — cases sent back for reconsideration — as partial wins. A third might report only final decisions, excluding cases still pending. These differences can make two firms' win rates look incomparable even if their actual performance is similar.

Brock & Stout, like most disability firms, likely reports their hearing-level win rate most prominently because that is where the majority of cases are decided. But you should ask whether their published rate includes only fully favorable decisions (you win all the issues) or also includes partially favorable ones (you win some issues but not others). You should also ask what percentage of their cases are remands — wins that send the case back to the Social Security Administration for further review rather than when ready approval.

The firm's win rate may also reflect case selection. If Brock & Stout declines weak cases and accepts only those with strong medical evidence, their win rate will be higher than a firm that takes on all comers. Neither approach is wrong, but it means the rate tells you something different in each case: one tells you how good the firm is at winning winnable cases; the other tells you how good they are at winning difficult ones.

What Affects Your Case Outcome More Than the Lawyer

The single largest factor in an SSDI appeal is the strength of your medical evidence. If your doctors have documented that you cannot work, and those records are detailed and recent, you have a strong case regardless of which firm represents you. If your medical records are sparse, outdated, or do not clearly connect your condition to work limitations, even an excellent lawyer will struggle. Before you focus on win rates, make sure you have gathered all treatment records, test results, and statements from your doctors about what you can and cannot do.

Your work history and age also matter significantly. Someone who is 58 years old with 30 years of work history in a physically demanding job has a different case profile than someone who is 35 with a spotty work record. Social Security considers these factors in their decision-making, and a lawyer cannot change them. What a lawyer can do is present your medical evidence clearly, identify the strongest parts of your case, and argue why your condition meets Social Security's definition of disability.

The administrative law judge assigned to your hearing also influences the outcome. Some judges approve a higher percentage of cases than others, and this variation is documented in public data. You cannot choose your judge, but your lawyer may know which judges are more receptive to certain types of cases and can tailor their argument accordingly.

Questions to Ask Brock & Stout Before Hiring

Request their current win rate and ask them to break it down by appeal stage (hearing level versus Appeals Council) and by year. Ask what percentage of their cases result in fully favorable decisions versus partially favorable ones. Ask how many cases they decline, and what makes them turn down a potential client. A firm that declines 40 percent of inquiries may have a higher win rate than one that accepts 90 percent, and that is important context.

Ask whether they will order a medical informed opinion (called a consultative examination or CE) if your medical records are incomplete. Ask how they charge — most disability firms work on contingency, taking 25 percent of your back pay up to a Social Security cap of around $6,000, but confirm this with the firm. Ask how long they estimate your case will take and what happens if you lose at the hearing level. Do they appeal to the Appeals Council, and if so, at what additional cost?

Ask for references from past clients if possible, though many firms cannot share names due to privacy. Ask whether the firm has any disciplinary history with your state bar association. You can look this up yourself on your state bar's website — search for the firm name and review any public records of complaints or sanctions.

Comparing Brock & Stout to Other Disability Firms

Do not choose a firm based on win rate alone. Instead, compare firms on several dimensions: their win rate (with the caveats above), their fee structure, how they handle case selection, and whether they seem to invest time in understanding your specific situation. A firm with a 65 percent win rate that spends hours gathering your medical records and building a detailed argument may serve you better than a firm with a 75 percent rate that processes cases quickly with minimal investigation.

Ask each firm the same questions so you can compare their answers directly. How do they calculate their win rate? What is their contingency fee? How long do they estimate your case will take? What is their process for gathering medical evidence? Do they use medical experts? The answers will help you understand not just their track record but how they work.

You can also check whether a firm is accredited by the National Organization of Social Security Claimants' Representatives (NOSSCR), a professional association for disability lawyers. Accreditation is not required, but it indicates the firm meets certain standards and stays current with changes in Social Security law.

What Happens If You Lose at the Hearing Level

If the administrative law judge denies your case, you have 60 days to request review by the Appeals Council. This is a different stage with different odds. The Appeals Council approves a smaller percentage of cases than hearing judges do — roughly 10 to 15 percent nationally. Some firms have higher Appeals Council win rates than others, so if your case is denied at the hearing level, ask Brock & Stout what their Appeals Council win rate is and whether they recommend pursuing that route.

If the Appeals Council also denies your case, you can file a civil lawsuit in federal court. This is expensive and time-consuming, and most disability lawyers do not handle federal court cases. Ask Brock & Stout whether they do, or whether they can refer you to a firm that does if that becomes necessary.

Verifying a Lawyer's Credentials and History

Before you sign a fee agreement with any disability firm, verify that the lawyer is licensed to practice in your state. Go to your state bar association's website and search for the firm name and the individual lawyer's name. You should see their license status and any public disciplinary history. If you cannot find them, or if there are unresolved complaints, ask the firm to explain.

Check whether the lawyer is a member of NOSSCR or your state's disability law association. These memberships do not may provide quality, but they indicate the lawyer stays informed about changes in Social Security policy and law. You can also ask whether the firm has malpractice insurance, which protects you if the lawyer makes a serious error.

Ask how long the firm has been handling SSDI cases. A firm with 10 years of experience in disability law has seen more case types and judge behaviors than one that started last year. Experience matters, though a newer firm with strong training can also do good work.

Frequently Asked Questions

Does Brock & Stout's win rate mean I will win if I hire them?

No. A firm's win rate is an average across many cases with different facts and medical evidence. Your individual outcome depends on your specific medical records, work history, and the judge assigned to your case. A high win rate suggests the firm is skilled, but it does not predict your result.

How much does Brock & Stout charge?

Most disability firms, including Brock & Stout, work on contingency — they take a percentage of your back pay if you win, typically 25 percent up to a Social Security cap of around $6,000. You should confirm the exact fee with the firm before signing an agreement.

Can I switch lawyers if I am unhappy with Brock & Stout?

Yes, but you need to notify Social Security in writing and have the new lawyer file a substitution of representative form. If you switch before your case is decided, the new firm will take over from that point. If you switch after a decision, the new firm may need to file an appeal or request for review.

What if Brock & Stout declines to take my case?

If a firm declines your case, it usually means they believe it is weak based on your current medical evidence. This does not mean you cannot win — it means the firm thinks the odds are low. You can seek a second opinion from another disability lawyer, or you can work on strengthening your medical evidence before reapplying or appealing.

How do I know if a disability lawyer is actually helping my case?

A good lawyer should explain their strategy, keep you informed about important date, request your medical records proactively, and ask detailed questions about your work history and daily limitations. If your lawyer is hard to reach, does not explain what they are doing, or seems to be processing your case without investigation, consider seeking a second opinion.