What SSDI attorneys in Massachusetts do and how to find one
An SSDI attorney in Massachusetts represents you in your Social Security Disability Insurance claim or appeal. They charge a fee only if you win — typically 25 percent of your back pay, capped at $6,000 by federal law. You do not pay upfront, and you do not pay if you lose.
Massachusetts has no shortage of SSDI attorneys. The challenge is finding one who will take your case, since they only earn money if Social Security awards you benefits. Most attorneys will review your file for free before deciding whether to represent you. This initial consultation is your chance to learn whether they think you have a strong claim.
The fastest way to find an attorney is through the National Organization of Social Security Claimants' Representatives (NOSSCR), which maintains a searchable directory of accredited representatives — both attorneys and non-attorney advocates. You can filter by state and city. Another route is the Massachusetts Bar Association's Lawyer Referral Service, which can connect you to disability specialists in your area.
Key Takeaways
- SSDI attorneys in Massachusetts charge only if you win, with fees capped at $6,000 by federal law, and most offer a free initial review of your case.
- The NOSSCR directory and the Massachusetts Bar Association Lawyer Referral Service are the two most direct ways to find an accredited representative.
- You need a representative only if you are appealing a denial; you can file an initial claim on your own, though an attorney can strengthen your case from the start.
- Before hiring an attorney, confirm they are accredited by the Social Security Administration and ask about their success rate with cases similar to yours.
- Your attorney will handle all communication with Social Security, gather medical evidence, and represent you at hearings, which typically take place in Boston or Worcester.
When you need an SSDI attorney versus when you can go alone
You can file an initial SSDI claim without an attorney. Many people do. However, the initial denial rate for SSDI claims is roughly 65 to 70 percent nationally, and Massachusetts follows that pattern. If your claim is denied, you will almost certainly benefit from having an attorney represent you during the appeal.
Some people hire an attorney from the beginning, especially if their medical condition is complex, their work history is spotty, or they have already received one denial. An attorney can help you gather the right medical evidence before you submit, which can reduce the chance of an initial denial. Others wait until after a denial to hire representation. Both approaches are common.
If you are already in an appeal — you have received a Notice of Denial and are within 60 days of that notice — an attorney becomes much more valuable. The appeal process requires you to request reconsideration, then file for a hearing before an Administrative Law Judge (ALJ). An attorney knows how to build a hearing file, what evidence Social Security will ask for, and how to present your case to the judge.
How to verify an attorney is accredited by Social Security
Not every lawyer who says they handle SSDI cases is accredited by the Social Security Administration. Accreditation matters because it means Social Security recognizes them as may have access to to represent you and has vetted their background.
To check whether an attorney is accredited, visit the Social Security Administration's Office of the Inspector General website and use their search tool for "Accredited Representatives." You can search by name or by location. The tool will show you whether the person is an attorney, a non-attorney advocate, or a representative of an organization. It will also show you if their accreditation is current or has been suspended.
You can also ask the attorney directly for their accreditation number. They should be able to provide it when ready. If they cannot, or if they claim to be accredited but do not appear in the Social Security database, do not hire them.
What to expect when you hire an SSDI attorney in Massachusetts
Once you hire an attorney, they will file a form called the "Representative's Appointment of Counsel" (Form SSA-1696-U5) with Social Security. This form tells Social Security that the attorney is now your official representative and that all future communication should go through them. You will still receive copies of letters, but the attorney will handle the back-and-forth.
Your attorney will then request your complete file from Social Security — your process, any medical records you submitted, and any decisions Social Security has made so far. This is called a "file pull." Once they have your file, they will review it and tell you what they think your chances are and what additional evidence you need.
If you are appealing a denial, your attorney will help you gather new medical evidence. This usually means asking your doctors to write statements about your condition, your limitations, and how those limitations prevent you from working. Your attorney may also send you to a consultative examination — a doctor Social Security pays for — to create a fresh medical record.
Your attorney will prepare you for your hearing before the ALJ. In Massachusetts, hearings typically take place in Boston or Worcester, though some are now held by videoconference. Your attorney will explain what the judge will ask, what you should say, and what documents the judge will review. They will also present evidence and argue your case during the hearing itself.
Fee agreements and what you pay
Before your attorney begins work, you must sign a fee agreement. This agreement states that the attorney will charge 25 percent of your back pay, up to a maximum of $6,000. This cap is set by federal law and applies to all SSDI cases nationwide.
Back pay is the money Social Security owes you from the date your disability began (or the date you filed, whichever is later) until the date Social Security approves your claim. If Social Security awards you $50,000 in back pay, your attorney receives $6,000 (the maximum), not $12,500. You receive the remaining $44,000.
You do not pay the attorney anything upfront. The attorney is paid directly by Social Security from your back pay award. If Social Security denies your claim at every stage and you never receive benefits, you owe the attorney nothing.
Some attorneys also charge for out-of-pocket costs — medical records requests, filing fees, or informed witness fees. These costs should be spelled out in your fee agreement. Costs are separate from the attorney's fee and are usually deducted from your back pay award as well, though you should confirm this before signing.
Finding an attorney in your area of Massachusetts
Massachusetts is divided into three Social Security hearing offices: Boston, Worcester, and Springfield. Your case will be heard at the office closest to where you live or work. Attorneys in Massachusetts typically handle cases across all three regions, so location is less important than finding someone with experience in your type of disability.
When you contact an attorney, ask them directly: How many SSDI cases have you handled? What percentage of your cases result in approval? Do you have experience with cases like mine — for example, if your disability is a mental health condition, ask whether they have handled depression or anxiety cases before.
You can also ask whether they are a member of NOSSCR, which requires ongoing education and adherence to a code of conduct. Membership is not required to represent you, but it is a sign that the attorney takes the field seriously.
What happens if your attorney and you disagree
If you become unhappy with your attorney — they are not communicating with you, they are not preparing your case, or you straightforward want a different representative — you can fire them and hire someone else. You do this by filing a new Form SSA-1696-U5 with Social Security naming your new attorney. Social Security will then switch all communication to the new representative.
Your old attorney may request a fee from Social Security for the work they did before you fired them. This is called a "quantum meruit" fee and is separate from the contingency fee agreement. The amount is negotiated between you, your old attorney, and Social Security, and it comes out of your back pay award. However, most attorneys will not pursue this if the relationship ended early and little work was done.
If you believe your attorney has acted unethically — they took money upfront, they charged more than the legal cap, or they misrepresented themselves — you can file a complaint with the Massachusetts Bar Association or with the Social Security Administration's Office of the Inspector General.
Frequently Asked Questions
Can I switch attorneys if I already have one?
Yes. File a new Form SSA-1696-U5 naming your new attorney, and Social Security will transfer your case. Your old attorney may request payment for work already done, but this is negotiated separately and does not affect your new attorney's fee.
What if I cannot afford to hire an attorney upfront?
You do not pay upfront. SSDI attorneys work on contingency, meaning they are paid only if you win. If you cannot afford an attorney's fee after you win, that is not how it works — the fee comes directly from your back pay award, not from your pocket.
Do I need an attorney for my initial claim, or only for an appeal?
You can file an initial claim without an attorney. However, if you have a complex medical history or have already been denied once, an attorney can strengthen your case from the start by helping you gather the right evidence before you submit.
How long does it take to hear back from an attorney after I contact them?
Most attorneys respond within a few business days. If an attorney does not respond within a week, move on to the next one. There are enough SSDI attorneys in Massachusetts that you should not have to wait long for a response.
What if Social Security approves my claim but the attorney's fee seems too high?
The fee is capped at $6,000 by federal law, regardless of how much back pay you receive. You cannot negotiate this down. However, you can challenge the fee if you believe the attorney did very little work or if costs were charged that were not in your fee agreement. File a request for fee review with Social Security's Office of the Inspector General.