What to look for in a Marietta children's SSDI lawyer
A lawyer who handles children's SSDI cases in Marietta should have specific experience with Supplemental Security Income (SSI) for minors, not just adult disability cases. The rules for children are different—SSI looks at your household income and resources, not just your child's condition, and the medical standard for childhood disability is separate from the adult standard. When you call, ask directly whether the lawyer has handled SSI cases for children, how many, and what the outcomes were.
The lawyer should also be familiar with Georgia's SSI rules and with how the Social Security Administration's Atlanta regional office processes cases. Every state has local quirks in how cases move through the system, and a lawyer who knows Marietta's local Social Security office will know which documents that office requests most often and how quickly they typically decide cases.
Check whether the lawyer works on contingency, meaning they take payment only if your case succeeds. Most disability lawyers do work this way, but confirm the fee structure and what "success" means in your situation—sometimes it means winning at the initial level, sometimes it means going to a hearing.
Key Takeaways
- A lawyer handling children's SSI needs specific experience with minors' cases, because the income rules and medical standards are completely different from adult SSDI.
- Ask any lawyer you contact how many children's SSI cases they have handled and what percentage resulted in approval at each stage.
- Contingency fees mean the lawyer is paid only if you win, but you should still understand what counts as a win and whether there are costs you pay upfront.
- Georgia has a State Protection and Advocacy agency that can refer you to lawyers and may offer free or low-cost help if you cannot afford a private attorney.
How to find disability lawyers in Marietta
Start with the Social Security Administration's official list of representatives. Go to ssa.gov/representation and search for Marietta, Georgia. This list includes only people and organizations authorized to represent clients before Social Security, so everyone on it has met federal standards. The list shows their address, phone number, and whether they charge a fee.
Call at least three lawyers from that list. Ask each one the same questions: How many children's SSI cases have you handled? What was your approval rate? How long did cases typically take? Do you charge upfront costs, or only if we win? A lawyer who hesitates to answer these questions or who seems annoyed by them is not the right fit.
You can also contact Georgia's Protection and Advocacy for Persons with Disabilities (GAAPD). They maintain a list of disability lawyers and may offer free consultations or referrals. Their phone number is available through the National Disability Rights Network website, or you can search "Georgia Protection and Advocacy" online.
What to ask in your first conversation
Before you hire anyone, you need to know whether they think your child's case is winnable. A good lawyer will be honest about this. They should ask you detailed questions about your child's medical records, your household income, and what benefits your child currently receives. If a lawyer says "yes, we can definitely win" without asking these questions, that is a red flag.
Ask what documents you will need to gather and what the lawyer will handle. Most lawyers will request medical records directly from your child's doctors, but you may need to sign release forms. Ask whether the lawyer will attend any hearing in person or by phone, and whether you will attend too. Ask how often they will update you on the case's progress.
Confirm the fee agreement in writing before you sign anything. The Social Security Administration caps attorney fees at 25 percent of back pay (the money owed from the date you first filed), up to a maximum of $7,200 as of 2024, though this cap may change. Some lawyers also charge for costs like obtaining medical records, so ask whether those costs come out of your pocket or out of the fee.
When a lawyer might not be necessary
If your child's case is straightforward—for example, your child has a condition listed in Social Security's "Compassionate Allowances" program and you have recent medical evidence—you may not need a lawyer. The Compassionate Allowances list includes conditions like Down syndrome, cerebral palsy, and certain cancers that Social Security approves quickly when the medical evidence is clear.
You can also represent yourself, though this is harder with children's SSI because the income and resource rules are complex. If you choose to represent yourself, you can still hire a lawyer later if Social Security denies your case and you decide to appeal.
If you cannot afford a lawyer, ask the Social Security office whether your case qualifies for a fee waiver or whether a legal aid organization in Marietta can help. Some nonprofits offer free representation to families with low income.
Understanding the fee agreement
When you hire a lawyer, you will sign a fee agreement and a form called an "Authorization to Represent" (Form SSA-1696). The fee agreement spells out how much the lawyer charges and when they get paid. The authorization form tells Social Security that this person can represent you.
The lawyer's fee comes from your back pay only—the money Social Security owes you from the date you first filed until the date they approve your case. If Social Security approves your case but there is no back pay (for example, because you filed very recently), the lawyer typically cannot charge a fee. This is why contingency fees protect you: the lawyer only makes money if you win money.
Ask the lawyer to explain the fee in writing before you sign. If anything is unclear, ask again. You have the right to understand exactly what you are agreeing to.
Red flags when choosing a lawyer
Do not hire a lawyer who guarantees you will win. No one can may provide a Social Security decision. Do not hire someone who asks you to pay a large upfront fee before they do any work. Do not hire someone who rushes you into signing papers without answering your questions.
Be cautious of lawyers who contact you unsolicited by phone or mail claiming they can help you win. Some of these are legitimate, but others are running scams. Stick with lawyers you find through the SSA's official list or through Georgia's Protection and Advocacy agency.
If a lawyer seems to know very little about children's SSI when you ask specific questions, or if they tell you they handle mostly adult SSDI cases, keep looking. The rules are different enough that experience matters.
What happens after you hire a lawyer
Once you sign the authorization form, the lawyer can request your child's medical records, your financial records, and any other documents Social Security needs. You will need to sign release forms so doctors and hospitals can send records to the lawyer. This usually takes a few weeks.
The lawyer will prepare your case and submit it to Social Security. If Social Security approves your case at this stage, you are done—the lawyer collects their fee from the back pay, and your child starts receiving benefits. If Social Security denies the case, the lawyer will discuss your options: you can appeal, ask for a hearing before an administrative law judge, or decide not to continue.
Throughout the process, your lawyer should keep you informed. If you do not hear from them for several weeks, it is okay to call and ask for an update.
Frequently Asked Questions
Can I change lawyers if I am not happy with the one I hired?
Yes. You can fire your lawyer at any time by submitting a new authorization form to Social Security naming a different representative, or by submitting a form saying you want to represent yourself. If your case is still pending, the new lawyer can take over. If your case has already been decided, you cannot hire a new lawyer to appeal unless you do so within the appeal important date.
What if Social Security denies my child's case and I cannot afford to appeal?
Ask the Social Security office about legal aid organizations in Marietta that handle appeals for free. You can also ask your original lawyer whether they will take the appeal on contingency. Some lawyers will appeal even if the first decision went against you, because back pay can accumulate during the appeal process.
How long does a children's SSI case usually take with a lawyer?
Initial decisions typically take three to six months from the time you file. If Social Security denies the case and you appeal, a hearing before a judge can take six months to two years depending on the judge's schedule. Your lawyer should give you a realistic timeline based on your local office's speed.
Do I need a lawyer if my child already receives SSI and I am just trying to increase the benefit amount?
Probably not. If your household income or resources have changed, you can report this to Social Security yourself, and they will recalculate the benefit. A lawyer is most useful when Social Security denies a new claim or when you are appealing a denial.
What is the difference between a disability lawyer and a legal aid organization?
A disability lawyer is a private attorney who represents you for a fee (usually contingency). A legal aid organization is a nonprofit that offers free or low-cost legal help to people with low income. Both can represent you before Social Security. Legal aid is free, but they may have a waiting list or may only take certain types of cases.