What a disability lawyer does for you
A disability lawyer represents you in dealings with Social Security or the Veterans Administration—either helping you file your first claim or appealing a decision that was denied. They handle the paperwork, gather medical records, prepare you for hearings, and present your case to a judge if it reaches that stage. They do not work for Social Security; they work for you and are paid only if you win.
Most disability lawyers take cases on contingency, meaning they collect a fee from your back pay if you win, not from you upfront. The fee is capped by law at 25 percent of your back pay or $7,200, whichever is less. If you lose, you owe them nothing.
You can also hire a lawyer on an hourly basis, though this is less common for SSDI cases. Some lawyers offer free initial consultations so you can ask questions before deciding whether to hire them.
Key Takeaways
- Disability lawyers work on contingency in most cases, taking payment only from your back pay if you win, capped at 25 percent or $7,200.
- You can find vetted disability lawyers through the Social Security Administration's official list, your state bar association, or legal aid organizations in your area.
- A lawyer becomes most valuable after a denial, when you are preparing for an appeal hearing in front of a judge.
- You have the right to fire your lawyer at any time and hire someone else, though switching late in a case can slow things down.
Where to find a disability lawyer
The Social Security Administration maintains a list of lawyers and non-lawyer representatives who are accredited to represent claimants. You can search by state at ssa.gov/representation. This list includes only people who have passed a background check and met Social Security's standards.
Your state bar association also keeps a directory of disability lawyers. Most state bars have a lawyer referral service that can match you with someone in your area who handles SSDI cases. Call your state bar's main number or visit its website to find the referral service.
If you cannot afford a lawyer, contact your local legal aid office. Legal aid organizations sometimes represent disability claimants for free or at reduced cost, depending on your income. You can find your local legal aid office through the Legal Aid & Defender Association's website or by calling 211.
What to look for when choosing a lawyer
Ask whether the lawyer has handled SSDI cases before and how many. Someone with experience in disability law will know the medical evidence Social Security looks for and how judges in your region tend to decide cases. A lawyer who handles mostly other types of law may not know these details.
Ask about their fee structure upfront. Most will charge 25 percent of back pay on contingency, but some may charge less or offer hourly rates. Make sure you understand what you will owe if you win and what happens if you lose.
Ask how they will communicate with you. Will they call you regularly, or will you need to call them? How long do they usually take to return calls or emails? You want someone who keeps you informed about what is happening in your case.
When you should hire a lawyer
You can hire a lawyer at any stage—before you file, while your initial claim is being reviewed, or after a denial. However, a lawyer becomes most useful after Social Security denies your claim and you are preparing to appeal. At that point, you are likely heading toward a hearing in front of a judge, and having someone who knows how to present evidence and question witnesses makes a real difference.
If your case is straightforward and you have strong medical evidence, you may not need a lawyer for your initial claim. But if your condition is complex, your medical records are scattered, or you have already been denied once, hiring a lawyer before you appeal is worth considering.
What happens when you hire a lawyer
Once you sign a fee agreement, your lawyer becomes your official representative. Social Security will send documents to your lawyer instead of to you, and your lawyer can request your medical records directly. You do not have to attend every meeting or phone call—your lawyer can handle much of it.
Your lawyer will review your medical records and identify gaps. They may ask you to see a doctor for an exam or testing that strengthens your case. They will prepare a written brief explaining why you meet Social Security's definition of disability and submit it before your hearing.
If your case goes to a hearing, your lawyer will attend with you, present evidence, and cross-examine the vocational informed or medical informed that Social Security brings. After the judge decides, your lawyer can file another appeal if you lose again.
Your rights as a client
You have the right to know what is happening in your case at all times. Your lawyer must tell you about any settlement offers or decisions from Social Security. You can ask questions and request copies of all documents.
You can fire your lawyer and hire someone else whenever you want. If you do, you will need to file a form with Social Security to change your representative. If your case has already been decided, you may owe your first lawyer a fee from the back pay, so ask about this before you switch.
If you believe your lawyer is not doing a good job, you can file a complaint with your state bar association. The bar can investigate and take action if the lawyer has violated professional rules.
Non-lawyer representatives
You do not have to hire a lawyer. Social Security also allows non-lawyer representatives to represent claimants—these are people who have passed a background check and exam but do not have a law degree. They charge the same contingency fee as lawyers and can do much of the same work.
Non-lawyer representatives are often called "advocates" or "paralegals." Many work for disability organizations or legal aid offices. Some have years of experience and know the system as well as any lawyer. The main difference is that a lawyer can give you legal information and represent you in court if your case goes beyond Social Security's administrative process.
Frequently Asked Questions
Can I hire a lawyer if I already filed my claim myself?
Yes. You can hire a lawyer at any point in the process, even if you have already submitted your initial claim or received a denial. Your lawyer can take over from where you are and handle the next steps.
What if I cannot afford a lawyer's fee?
Most disability lawyers work on contingency, so you pay nothing upfront and nothing if you lose. If you win, they take 25 percent of your back pay (or less) as their fee. Legal aid offices may also represent you for free if your income is low enough.
How long does it take to hear back from a lawyer after I contact them?
Most disability lawyers respond within a few days. If you do not hear back within a week, call again or try a different lawyer. A lawyer who is slow to respond before you hire them will likely be slow afterward.
What if my lawyer and I disagree about my case?
Talk to your lawyer about your concerns. If you cannot resolve the disagreement, you can hire a different lawyer. Make sure you understand your rights and what your lawyer is recommending before you make a decision.
Do I have to go to the hearing if I hire a lawyer?
Your lawyer can attend the hearing without you in some cases, but it is usually better if you are there. The judge may want to ask you questions directly about your condition and how it affects your daily life. Your lawyer will advise you on whether you should attend.