What a disability lawyer does in an SSDI case
A disability lawyer represents you in front of the Social Security Administration. They file your claim, gather medical records, write the statement that explains why you cannot work, prepare you for a hearing if Social Security denies you, and argue your case in front of a judge. They do not work for Social Security — they work for you, and they are paid only if you win.
Most disability lawyers work on contingency, meaning they take a percentage of your back pay (the money Social Security owes you from the date you became disabled) if you win. The fee is capped by federal law at 25 percent of back pay or $7,200, whichever is smaller. You pay nothing upfront and nothing if you lose.
A lawyer's main job is to build the medical case for why you cannot work. Social Security denies most first claims. A lawyer knows what evidence Social Security actually looks at, how to present it, and how to respond when Social Security says no. They also handle the appeal process, which is where most people win.
Key Takeaways
- Disability lawyers are paid only if you win, and their fee is capped at 25 percent of back pay or $7,200 by federal law.
- You can hire a lawyer at any stage — before you file, after a denial, or before a hearing — and it is common to hire one after Social Security says no.
- The National Organization of Social Security Claimants' Representatives (NOSSCR) and your state bar association both maintain lists of lawyers who handle SSDI cases.
- A lawyer's job is to gather medical evidence, explain why you cannot work, and represent you at a hearing if Social Security denies your claim.
- You can also work with a non-lawyer representative (called a representative payee or advocate) who charges the same contingency fee but does not have a law degree.
How to find a disability lawyer in your state
The National Organization of Social Security Claimants' Representatives (NOSSCR) maintains a searchable directory of lawyers and non-lawyer representatives who specialize in SSDI and SSI cases. You can search by state and city on their website. Most lawyers listed there handle SSDI full-time and know the local hearing offices and judges.
Your state bar association also publishes a list of lawyers who practice disability law. Call your state bar's lawyer referral service and ask for someone who handles Social Security cases. Some bar associations have a disability law section that can refer you directly.
Legal aid organizations in your county may also represent you for free or low cost if your income is below a certain threshold. Call your local legal aid office or search for "legal aid near me" to find one. Legal aid lawyers work on the same contingency basis as private lawyers but do not charge you anything.
When to hire a lawyer
You can hire a lawyer before you file, but most people hire one after Social Security denies their first claim. At that point, you have a few months to file an appeal, and a lawyer becomes much more valuable because the appeal process is where the real work happens.
If you are about to have a hearing in front of a judge, hiring a lawyer at that stage is still worthwhile. The hearing is your best chance to win, and a lawyer who knows how to present medical evidence and cross-examine Social Security's doctor can make the difference between approval and another denial.
If you have already won at the hearing level and Social Security is appealing to the Appeals Council, a lawyer can still represent you. The Appeals Council rarely overturns a judge's decision, but a lawyer can file a response that addresses Social Security's arguments.
What to expect when you hire a lawyer
Once you sign a fee agreement, the lawyer will ask you for medical records, work history, and details about your condition and how it affects your daily life. They will order records from your doctors and hospitals. This can take weeks or months depending on how many providers you have seen.
The lawyer will then write a statement (called a brief or memorandum) that explains your medical condition, what the medical records show, and why you cannot work. This statement goes to the judge before your hearing. The lawyer will also prepare you for the hearing by explaining what to expect and what questions the judge will ask.
At the hearing, the lawyer will present your case, question your doctors if they testify, and cross-examine the vocational informed and Social Security's medical informed. After the hearing, the judge issues a decision within a few weeks to a few months. If the judge approves you, your lawyer takes their fee from back pay. If the judge denies you, you owe nothing.
The difference between a lawyer and a non-lawyer representative
A non-lawyer representative (sometimes called an advocate or representative payee) can do almost everything a lawyer does: file your claim, gather records, write statements, and represent you at a hearing. They charge the same contingency fee and are bound by the same federal fee cap. The main difference is they do not have a law degree and cannot give you legal information.
Non-lawyer representatives are often just as experienced as lawyers in SSDI cases and may have been handling Social Security claims for decades. Some people prefer them because they are sometimes more accessible or less formal. You can find non-lawyer representatives through NOSSCR's directory — they are listed separately from lawyers.
Either way, the person representing you must be accredited by Social Security. This means they have passed a test and are authorized to charge a fee. You can check whether someone is accredited by calling Social Security's representative payee hotline or checking the Social Security website.
Questions to ask a lawyer before you hire them
Ask how many SSDI cases they have handled and what percentage they win. Ask whether they have represented clients in front of the judge in your local hearing office. Ask what they will charge and confirm that it is 25 percent of back pay or less. Ask how long they think your case will take and what they expect to happen next.
Ask whether they will handle the case themselves or assign it to someone else in the office. Ask what you need to do to help — gathering records, getting medical exams, attending the hearing. Ask what happens if you disagree with their strategy or want a second opinion.
A good lawyer will answer these questions directly and will not pressure you to hire them on the spot. If a lawyer seems evasive or promises you will definitely win, that is a red flag. No one can promise you will win, and a lawyer who says so is not being honest.
What happens if you cannot afford a lawyer
Legal aid organizations represent people for free if your income is low enough. Call your local legal aid office to see whether you meet their income limits. Legal aid lawyers work on the same contingency basis as private lawyers — they take a percentage of back pay if you win.
Some disability lawyers will also take your case pro bono (for free) if they have capacity and your case is strong. Call a few lawyers and ask whether they do pro bono work. You can also contact law school clinics in your area — many have disability law clinics that represent clients for free under the supervision of a professor.
If you cannot find a lawyer or legal aid, you can represent yourself. You can also ask Social Security to appoint a non-lawyer representative to help you. This person will work on contingency and will be accredited by Social Security.
Frequently Asked Questions
Can I switch lawyers if I am unhappy with mine?
Yes. You can fire your lawyer at any time by sending a written notice to Social Security and your lawyer. If your case is at the hearing stage, you may want to wait until after the hearing so you do not disrupt your case. A new lawyer can take over and will charge the same contingency fee.
What if my lawyer and I disagree about strategy?
Talk to your lawyer about your concerns. A good lawyer will explain their reasoning and listen to your perspective. If you still disagree, you can get a second opinion from another lawyer. You are not obligated to follow your lawyer's information, but understand that they have experience with how judges in your area decide cases.
Do I have to go to the hearing if I hire a lawyer?
Yes, in almost all cases. The judge wants to hear from you directly about your condition and how it affects your life. Your lawyer will prepare you for the questions the judge will ask. Some hearings are held by video now, so you may not have to travel.
How long does a case usually take with a lawyer?
A first claim takes three to six months if Social Security approves it quickly. If Social Security denies you and you appeal, the whole process from denial to a hearing usually takes one to three years depending on how busy the hearing office is. Your lawyer can tell you the typical wait time in your area.
What if Social Security approves me before the hearing?
If Social Security approves your claim before the hearing, your case is over and you do not need the hearing. Your lawyer will take their fee from back pay. You will start receiving monthly benefits and Medicare or Medicaid depending on your state.