What to look for in a Portsmouth disability lawyer
A Social Security disability lawyer in Portsmouth should be accredited by the Social Security Administration to represent you before the agency. This accreditation—called an SSA representative credential—is separate from a law license and means the person has passed a background check and met specific requirements to practice before Social Security. You can verify this credential by searching the Social Security Administration's list of representatives on their website.
Beyond accreditation, look for someone with experience handling cases in your local Social Security office or the federal appeals court that covers New Hampshire. Lawyers who regularly work in Portsmouth's Social Security office understand how that particular office reviews cases, which judges tend to approve certain types of claims, and what evidence that office requests most often. This local knowledge can matter more than a lawyer who works nationwide but has never appeared in your office.
Ask any lawyer you contact how many Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) cases they have handled, and specifically how many went to a hearing before an administrative law judge. A lawyer who has taken cases to hearing will understand what evidence the judge will want to see and how to present your medical records effectively.
Key Takeaways
- Verify that any lawyer you consider is accredited by the Social Security Administration to represent claimants, which you can check on the SSA's official representative list.
- Lawyers in Portsmouth who work regularly in the local Social Security office or before the federal judge who covers your area will have practical knowledge of how your specific office handles cases.
- Ask how many cases a lawyer has taken to a hearing before an administrative law judge, since courtroom experience directly affects how they prepare your claim.
- Social Security caps lawyer fees at 25 percent of your back pay, and the SSA must approve the fee before the lawyer can collect it.
- Many disability lawyers work on contingency, meaning they are paid only if you win, so you should not pay money upfront to a reputable representative.
How Social Security lawyer fees work
Social Security has a strict fee rule: your lawyer can take no more than 25 percent of your back pay as a fee. Back pay is the money Social Security owes you from the date you filed your claim until the date your benefits begin. If you are awarded $12,000 in back pay, your lawyer's maximum fee is $3,000.
The lawyer cannot charge you this fee directly. Instead, the lawyer must request a fee agreement from the Social Security Administration, and the SSA must approve it before the lawyer can collect anything. When you win your case, Social Security pays the lawyer's fee straight from your back pay award—you do not write a check. This means you should never pay a lawyer money upfront for a Social Security disability case.
Some lawyers charge less than the 25 percent maximum, and some charge a flat fee instead of a percentage. Always ask what the lawyer charges and get the fee agreement in writing before you hire them. If a lawyer asks you for money before your case is decided, that is a sign to find someone else.
Where to find accredited disability lawyers in Portsmouth
The Social Security Administration publishes a searchable list of all accredited representatives on its website. You can search by location and filter for lawyers (as opposed to non-lawyer representatives). This list is the most reliable way to find someone who is actually authorized to represent you.
The National Organization of Social Security Claimants' Representatives (NOSSCR) maintains a directory of member lawyers and representatives, many of whom specialize in disability cases. You can search by state and city to find Portsmouth-area members.
Your local legal aid office may also maintain a list of disability lawyers who work in your area, or they may provide representation themselves if you meet their income limits. Contact the New Hampshire Legal information office to ask whether they handle Social Security cases or can refer you to someone who does.
The Social Security Administration's office in Portsmouth can also provide you with a list of representatives who work in that office, though they cannot recommend one lawyer over another.
What happens at your first meeting with a lawyer
At your first meeting, a disability lawyer should ask detailed questions about your medical conditions, the doctors and specialists you see, what medications you take, and how your conditions affect your ability to work. They should ask about your work history and what jobs you have held. This conversation helps the lawyer understand whether your case is strong and what evidence you will need to gather.
The lawyer should also explain what happens next: whether your case is still in the initial process stage, whether you need to file an appeal, or whether you are ready for a hearing. They should tell you roughly how long each stage takes and what you will need to do. A good first meeting gives you a clear picture of what to expect.
Do not expect a lawyer to promise you will win. Anyone who guarantees a particular outcome is not being honest with you. What a lawyer can do is assess whether your medical evidence is strong, identify gaps in your medical records, and explain what the judge will likely focus on.
When you might not need a lawyer
If your claim is still in the initial process stage—meaning you just filed or are waiting for Social Security's first decision—you may not need a lawyer yet. Many people win at this stage without representation. A lawyer becomes more valuable if Social Security denies your claim and you need to file an appeal or go to a hearing.
If you have strong medical evidence, a clear work history, and your conditions are well-documented by doctors, you may be able to move through the early stages without a lawyer. However, if Social Security denies you and you decide to appeal, hiring a lawyer at that point is often worth the cost, since the hearing stage is where a lawyer's experience matters most.
You can also start without a lawyer and hire one later. There is no penalty for representing yourself early and bringing in a lawyer for the appeal or hearing.
Red flags when choosing a disability lawyer
Do not work with anyone who asks you to pay money upfront or who guarantees you will win your case. Do not work with someone who is not accredited by the Social Security Administration—you can verify accreditation on the SSA's official list. Avoid lawyers who pressure you to hire them quickly or who seem more interested in signing you up than in understanding your case.
Be cautious if a lawyer charges more than 25 percent of your back pay or if they ask you to sign a fee agreement that is unclear or that you do not understand. If a lawyer cannot explain in plain language how Social Security disability works or what your next step is, that is a sign they may not have much experience with these cases.
If you feel rushed, confused, or pressured during a conversation with a lawyer, trust that feeling. There are many may have access to disability lawyers in the Portsmouth area, and you should work with someone you trust and understand.
Frequently Asked Questions
Can I switch lawyers if I am not happy with the one I hired?
Yes. You can fire your lawyer at any time and hire someone else. If you do, you will need to file a new fee agreement with Social Security for the new lawyer. The first lawyer may be owed a portion of the fee if they did work on your case, but Social Security will sort out how the 25 percent maximum is split between them.
What if I cannot afford a lawyer?
Since lawyers work on contingency and take their fee from your back pay, you do not pay anything upfront. If you win, the fee comes out of what Social Security owes you. If you lose, you owe the lawyer nothing. This means cost should not be a barrier to hiring a lawyer.
Do I need a lawyer from Portsmouth, or can I hire someone from another city?
You can hire a lawyer from anywhere in New Hampshire or even out of state, as long as they are accredited by Social Security. However, a lawyer who works regularly in the Portsmouth Social Security office or before the federal judge in your area will have practical knowledge that can help your case.
What should I bring to my first meeting with a disability lawyer?
Bring any medical records you have, a list of doctors and specialists you see, your work history, and your Social Security paperwork (your denial letter if you have one, or your claim confirmation if you just filed). Bring a list of your medications and any notes about how your conditions affect your daily life and ability to work.
How long does it take to hear back from a lawyer after I contact them?
Most disability lawyers respond within a few business days. If you do not hear back within a week, follow up with a phone call or try contacting a different lawyer. A lawyer who is too slow to respond early may not be responsive when you need them later.