What to look for in a Traverse City disability attorney

A disability attorney in Traverse City should hold a current Michigan law license and have experience specifically with Social Security Disability Insurance (SSDI) cases. This is different from general practice law — SSDI has its own rules, medical standards, and appeal procedures that take years to learn well.

The best sign that an attorney knows SSDI work is membership in the National Organization of Social Security Claimants' Representatives (NOSSCR). Members attend training on current case law and policy changes. You can search NOSSCR's directory on their website to see which Traverse City and northern Michigan attorneys belong.

Ask any attorney you contact how many SSDI cases they have handled in the past two years and what percentage resulted in approval at each stage — initial claim, reconsideration, and hearing before an Administrative Law Judge. An attorney who has handled dozens of cases and can give you those numbers has real data to show.

Key Takeaways

  • Michigan law allows SSDI attorneys to charge only if you win, and the fee is capped at 25 percent of your back pay, up to a maximum of $7,200 as of 2024.
  • The State Bar of Michigan's lawyer referral service and NOSSCR's directory are the two most reliable ways to find attorneys licensed to practice in Traverse City.
  • Before you hire anyone, ask how many SSDI cases they have handled and what their approval rate was at the hearing stage, where most cases are decided.
  • An attorney should explain the fee agreement in writing before you sign anything, including what happens if you lose and whether they charge for things like medical records requests.

How attorney fees work in SSDI cases

Federal law sets strict limits on what an SSDI attorney can charge you. If you win your case, the attorney's fee is the smaller of two amounts: 25 percent of your back pay, or $7,200. Back pay is the money Social Security owes you from the date you became disabled, not including the current month's payment.

If you lose, you owe the attorney nothing. This is called a contingency fee arrangement — the attorney takes the risk that the case will not succeed. However, you may still owe costs for things like obtaining your medical records or paying for a medical informed to review your file. Ask the attorney in writing whether they cover these costs upfront or bill you for them later.

The attorney must file a fee agreement with Social Security before they can collect any money. You will receive a copy. Read it carefully to understand what is included in the fee and what costs, if any, you are responsible for separately.

Finding attorneys through official channels

The State Bar of Michigan maintains a lawyer referral service that lets you search by practice area and location. Go to the State Bar website, select "Find a Lawyer," and filter for disability law or Social Security. You will see attorneys in Traverse City and the surrounding area with their contact information and areas of practice.

NOSSCR's member directory is searchable by state and city. Because NOSSCR membership requires ongoing education in SSDI law, this list tends to show attorneys with deeper experience in disability cases. Not all may have access to attorneys are NOSSCR members, but membership is a strong indicator.

You can also contact the Traverse City Bar Association directly. They may not maintain their own referral list, but staff can point you toward attorneys in the area who handle SSDI work. Call the bar association's main number and ask for a referral to a disability attorney.

Questions to ask before hiring

Once you have found an attorney, schedule a brief phone call or in-person meeting. Most disability attorneys offer a free initial consultation. Use this time to ask specific questions about their experience and how they work.

Ask whether they have handled cases at the hearing stage — this is where most SSDI decisions are made, and it is where an experienced attorney makes the biggest difference. Ask what their approval rate was at the hearing level in the past two years. Ask whether they will obtain your medical records for you or whether you need to do that yourself. Ask what happens if Social Security denies your case and whether they will represent you on appeal.

Ask for the fee agreement in writing before you commit. Do not sign anything at the first meeting. Take it home, read it, and call back with questions. A good attorney will expect this and will not pressure you to decide on the spot.

What to do if you cannot afford an attorney

If you cannot pay an attorney upfront and are concerned about the contingency fee, remember that you only pay if you win. The fee comes from your back pay, not from your current or future benefits. Many people find this arrangement manageable because they receive a lump sum of back pay all at once.

If you still prefer not to work with an attorney, you can represent yourself. Social Security provides free information about how to file and appeal on their official website. However, SSDI cases are complex, and the approval rate is much lower for people without representation — roughly 35 percent at the hearing stage compared to 60 percent or higher with an attorney.

Another option is a non-attorney representative. These are people trained in SSDI law who are not lawyers but are authorized by Social Security to represent claimants. They charge lower fees than attorneys, though the fee structure is the same: contingency-based, capped at 25 percent of back pay or $7,200. You can find non-attorney representatives through NOSSCR's directory as well.

Red flags to watch for

Do not work with anyone who guarantees you will win your case. No one can may provide an SSDI outcome — decisions depend on your medical records, your work history, and how the judge views the evidence. An attorney who promises approval is not being honest.

Do not work with anyone who asks you to pay upfront before a decision is made. Federal law prohibits this. The only money you should pay is after you win, and it comes from your back pay.

Do not work with anyone who cannot explain the fee agreement clearly or who refuses to give it to you in writing. Legitimate attorneys put everything in writing and encourage you to ask questions. If an attorney seems annoyed by your questions or rushes you through the process, find someone else.

What happens after you hire an attorney

Once you sign a fee agreement, your attorney becomes your representative on the case. They will request your medical records from your doctors and hospitals, review your work history, and prepare your case file. They will also communicate with Social Security on your behalf, so you do not have to handle those calls and letters yourself.

If Social Security denies your initial claim, your attorney will file a request for reconsideration or, more commonly, request a hearing before an Administrative Law Judge. At the hearing, your attorney will present your medical evidence, ask you questions to establish your disability, and cross-examine the Social Security medical informed if one is present. Your attorney's job is to make the strongest possible case for why you cannot work.

After the judge makes a decision, your attorney will review it with you and discuss next steps if you need to appeal further. Throughout the process, your attorney should keep you informed about what is happening and what to expect next.

Frequently Asked Questions

Can I switch attorneys if I am not happy with mine?

Yes. You can fire your attorney and hire a new one at any time. You will need to file a new fee agreement with Social Security naming the new attorney. The first attorney can only collect their fee from the portion of back pay earned while they represented you, not from the entire case.

Do I need an attorney from Traverse City specifically, or can I hire someone from another Michigan city?

You can hire an attorney from anywhere in Michigan. SSDI cases are handled by Social Security's regional office, not by local courts, so geography matters less than it does in other types of law. Many disability attorneys serve clients across the entire state by phone and mail. What matters is that they are licensed in Michigan and experienced in SSDI work.

What if I already filed my claim without an attorney and was denied?

You can hire an attorney at any point in the appeal process. If you are appealing a denial, an attorney can still represent you at the hearing stage. The fee agreement will explore to any back pay you receive from that point forward, even if you filed the original claim yourself.

How long does it usually take to get a hearing with a judge?

Wait times vary by Social Security office. In Michigan, hearings typically occur 6 to 12 months after you request one, though this can be longer or shorter depending on the office's caseload. Your attorney can tell you what the current wait time is for your local office.

What if I win my case but disagree with the amount of back pay Social Security calculated?

Your attorney should review the back pay calculation before you receive it. If there is an error, your attorney can request that Social Security correct it. Back pay calculations can be complicated because they depend on your onset date — the date Social Security determines your disability began — and your prior earnings record.