What a Social Security disability attorney does
A Social Security disability attorney represents you in front of the Social Security Administration (SSA) when you file for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI). They gather medical records, write statements explaining why your condition prevents work, attend hearings with you, and handle appeals if the SSA denies your claim.
Berger and Green is a law firm that specializes in Social Security disability cases. Like other disability attorneys, they charge based on a contingency fee — meaning they take a percentage of your back pay only if you win. The SSA caps this fee at 25 percent of your back pay or $7,200, whichever is less. You pay nothing upfront.
The firm operates in multiple states. Before you contact them, confirm they are licensed to practice in your state and that they handle cases in your area. Many disability attorneys work nationwide, but some limit their practice to certain regions.
Key Takeaways
- Social Security disability attorneys charge only if you win, taking a percentage of back pay capped by federal law at 25 percent or $7,200.
- An attorney's main job is gathering medical evidence and representing you at hearings, which significantly increases approval rates compared to filing alone.
- You can represent yourself, but the SSA denies most initial claims, and having an attorney at the hearing stage raises your chances substantially.
- Verify that any attorney you hire is licensed in your state and has experience with Social Security cases specifically.
- The SSA must approve any fee agreement in writing before your attorney can collect payment.
When you might need a disability attorney
You are not required to hire an attorney to file for SSDI or SSI. Many people file on their own through SSA.gov or by visiting a local Social Security office. However, the SSA denies roughly 65 to 70 percent of initial claims. If your claim is denied, the process becomes more complex, and an attorney becomes much more valuable.
You should consider contacting an attorney if your claim has been denied once, if you are preparing for a hearing before an administrative law judge, or if your medical situation is complicated and requires detailed documentation. Attorneys are especially helpful when your condition is not obvious or when you have limited medical records. They know what evidence the SSA looks for and how to present it persuasively.
If you are still in the initial stage and your case seems straightforward, you may not need an attorney yet. But if months pass without a decision or if you receive a denial letter, that is the time to reach out to a disability law firm.
How to contact Berger and Green or a similar firm
Berger and Green maintains a website where you can request a free case review. You will typically answer questions about your condition, work history, and current claim status. A representative will contact you to discuss whether they take cases like yours.
You can also search for disability attorneys in your area through the National Organization of Social Security Claimants' Representatives (NOSSCR) or through your state bar association. Many disability attorneys offer free initial consultations, so you can speak with multiple firms before deciding.
When you contact an attorney, have ready: your Social Security number, the date you filed your claim, any denial letters you received, and a list of doctors or hospitals that have treated you. This information helps the attorney assess your case quickly.
What happens after you hire an attorney
Once you sign a fee agreement, the attorney notifies the SSA that they represent you. The SSA will send all future correspondence to your attorney instead of to you. Your attorney then requests your complete file from the SSA, which includes all medical records, work history, and notes from previous interviews.
The attorney reviews this file and identifies gaps — missing medical records, test results, or statements from your doctors. They contact your healthcare providers to obtain these documents. They may also ask your doctors to write a statement explaining how your condition affects your ability to work.
If your case goes to a hearing, your attorney prepares you for questions the judge will ask, reviews the evidence, and argues why you meet the SSA's definition of disability. After the hearing, the judge issues a decision, usually within a few weeks to a few months.
Understanding the fee structure
Federal law limits what a Social Security disability attorney can charge. The fee is 25 percent of your back pay or $7,200, whichever is smaller. Back pay is the money the SSA owes you from the date you became disabled until the date your benefits begin.
Example: If you are approved and the SSA calculates that you are owed $20,000 in back pay, your attorney's fee would be $5,000 (25 percent). If the back pay is $30,000, the fee caps at $7,200, not $7,500.
The SSA must approve the fee agreement in writing before your attorney can collect. You will not pay the attorney directly — the SSA deducts the fee from your back pay and sends the remainder to you. If you receive no back pay (for example, if you are approved but have no arrears), your attorney receives no fee.
Comparing attorney representation to filing on your own
Filing on your own is free and possible. You complete the process, submit medical records, and attend any required interviews or hearings. The SSA provides forms and guidance on its website.
However, approval rates differ significantly. According to SSA data, claimants represented by an attorney at the hearing stage have substantially higher approval rates than those who represent themselves. An attorney knows how to frame your medical evidence, what questions to expect, and how to respond to the judge's concerns.
The trade-off is the contingency fee. If you win, you lose 25 percent of back pay. If you lose, you owe nothing. Many people find this trade-off worthwhile because the increased chance of approval often results in more total money in their pocket, even after the fee.
Red flags when choosing an attorney
Avoid any attorney or representative who asks you to pay upfront or who guarantees approval. The SSA does not allow upfront fees, and no one can may provide the outcome of your case. Be cautious of firms that pressure you to sign quickly or that do not explain the fee structure clearly.
Verify that the person representing you is actually an attorney or an accredited representative. The SSA maintains a list of accredited representatives on its website. Some people call themselves "disability advocates" but are not licensed to practice law or represent you before the SSA.
Check online reviews and ask the firm how many Social Security cases they have handled. A firm with years of experience in disability law is generally more reliable than one that handles Social Security cases as a side business.
Frequently Asked Questions
Can I switch attorneys if I am not happy with mine?
Yes. You can fire your current attorney and hire a new one. You must notify the SSA in writing and provide a new fee agreement signed by you and the new attorney. The SSA will then redirect correspondence to the new representative. The original attorney may request payment for work already done, but this is separate from the SSA fee.
What if I win my case but receive no back pay?
If you are approved but the SSA determines you have no back pay owed (for example, because you filed recently and little time has passed), your attorney receives no fee. You still owe nothing. This is why the contingency fee structure protects you — you only pay if there is money to pay from.
How long does the Social Security disability process usually take?
Initial decisions typically take three to six months. If denied, the appeal process can take one to two years or longer, depending on your state and the hearing office's backlog. An attorney cannot speed up the SSA's timeline, but they can may support your case is prepared thoroughly so you do not face unnecessary delays.
Do I need an attorney for the initial process?
No. Many people file the initial process themselves. An attorney becomes most useful after a denial or when preparing for a hearing. However, if your medical situation is complex, an attorney can help from the start to may support strong documentation.
What is the difference between SSDI and SSI?
SSDI is based on your work history and Social Security taxes paid. SSI is a needs-based program for people with low income and resources. Both require you to meet the SSA's disability definition. Attorneys handle both types of cases, though the evidence needed differs slightly.