What a disability lawyer does in a Social Security case
A disability lawyer represents you in front of the Social Security Administration when you file for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) based on disability. They do not work for Social Security — they work for you. Their job is to build your case, gather medical evidence, prepare you for hearings, and argue on your behalf if Social Security denies your claim.
Most disability lawyers only get paid if you win. They take a percentage of your back pay — the money Social Security owes you from the date you became disabled to the date your benefits start. This fee is capped by federal law at 25 percent of your back pay or $7,200, whichever is less. If Social Security denies you and you do not win on appeal, the lawyer gets nothing.
You can hire a lawyer at any stage: when you first file, after a denial, or before a hearing. Many people wait until after a denial because the initial approval rate is low, and a lawyer becomes most useful once you are fighting an appeal.
Key Takeaways
- Disability lawyers are paid only if you win, taking a percentage of back pay capped at 25 percent or $7,200.
- Social Security must approve your lawyer before they can represent you, using Form SSA-1696.
- A lawyer's main job is gathering medical records, building evidence of your disability, and preparing you for a hearing in front of an administrative law judge.
- You can hire a lawyer at any point — when you first file, after a denial, or right before a hearing.
- The Social Security appeals process has multiple stages, and a lawyer becomes most useful at the hearing stage, where an administrative law judge makes the final decision.
When you need a lawyer versus handling it yourself
Social Security denies about 65 to 70 percent of initial SSDI and SSI claims. If you are denied, you have the right to appeal. At the appeal stage — especially at a hearing in front of an administrative law judge — having a lawyer significantly increases your chances of winning. Studies show that claimants represented by lawyers win their cases at much higher rates than those without representation.
You do not need a lawyer to file your initial claim. You can do it yourself online at ssa.gov, by phone, or in person at your local Social Security office. But if Social Security denies you and you decide to appeal, a lawyer becomes much more valuable. The hearing stage is where most cases are decided, and that is where a lawyer's knowledge of what evidence matters and how to present it makes the biggest difference.
Some people hire a lawyer early because they have a complex medical history or know their case will be difficult. Others wait to see if they are approved first. Both approaches are common.
How to find and hire a disability lawyer
Disability lawyers are licensed attorneys who specialize in Social Security cases. You can find them through the National Organization of Social Security Claimants' Representatives (NOSSCR), which maintains a directory of member attorneys. You can also search your state bar association's website or ask for referrals from local legal aid offices.
When you contact a lawyer, they will usually offer a free initial consultation. During that call, they will ask about your medical condition, your work history, and whether you have already filed or been denied. They will tell you whether they think your case is winnable and what the next steps would be.
Before a lawyer can represent you, Social Security must approve them. Your lawyer will file Form SSA-1696 (Appointment of Representative) with Social Security. You sign this form, and once Social Security approves it, the lawyer is officially your representative. You can fire a lawyer and hire a different one at any time by filing a new Form SSA-1696.
What happens during the appeals process
If Social Security denies your initial claim, you have 60 days to file an appeal. The first appeal stage is called reconsideration. A different Social Security employee reviews your case and the evidence you submit. Most reconsideration appeals are also denied.
If you are denied again, you can request a hearing in front of an administrative law judge (ALJ). This is where a lawyer is most useful. At the hearing, you and your lawyer can present evidence, call witnesses (often a medical informed), and argue why you meet Social Security's definition of disability. The ALJ will question you and any witnesses. After the hearing, the ALJ issues a written decision.
If the ALJ denies you, you can appeal to the Appeals Council, and after that, to federal court. Very few cases reach federal court, but a lawyer can represent you at any stage.
What evidence your lawyer will need
Your lawyer's main job is gathering medical evidence that proves you cannot work. This includes treatment records from your doctors, hospital discharge summaries, lab results, imaging reports, and mental health records if your disability involves psychiatric conditions. Your lawyer will request these records from every doctor, hospital, and clinic you have seen.
Your lawyer will also look at your work history and ask you detailed questions about what you did in past jobs and why you cannot do that work anymore. They may hire a medical informed — usually a doctor or psychologist — to review your records and write a report saying whether your condition meets Social Security's standards for disability.
Social Security has a list of conditions that automatically may have access to as disabling if your medical records match the criteria. These are called the Blue Book listings. If your condition is not on the list, your lawyer must prove that your condition is as severe as something on the list, or that it prevents you from doing any work.
How much a disability lawyer costs
Disability lawyers work on contingency, meaning they are paid only if you win. The fee is 25 percent of your back pay or $7,200, whichever is smaller. This cap is set by federal law and applies to all disability lawyers.
Back pay is the money Social Security owes you from the date you became disabled to the date your benefits officially start. If you filed in 2022 and Social Security approves you in 2024, your back pay covers those two years. The lawyer's fee comes out of that back pay, not from your ongoing monthly benefits.
Some lawyers charge additional fees for things like obtaining medical records or hiring informed witnesses. Ask about these costs during your initial consultation. Some lawyers cover these costs themselves and deduct them from the back pay; others bill you separately. Get this in writing before you hire anyone.
What to expect at a hearing
A hearing in front of an administrative law judge usually takes place in a Social Security office or a hearing center. You, your lawyer, and the ALJ sit in a room. A court reporter records everything. The ALJ will ask you questions about your medical condition, your symptoms, your daily activities, and your work history. Your lawyer will also ask you questions to bring out the strongest parts of your case.
If your lawyer hired a medical informed, that informed will testify by phone or video about your condition and whether it prevents you from working. A Social Security representative called a vocational informed may also testify about whether jobs exist that you could do given your age, education, and work history.
After the hearing, the ALJ takes time to write a decision. This can take weeks or months. The ALJ will issue a written ruling that explains the findings and says whether you won or lost. If you win, the decision will say when your benefits start and how much back pay you are owed.
Frequently Asked Questions
Can I hire a lawyer before Social Security denies me?
Yes. Some lawyers will take cases at the initial process stage, especially if your case is complex or you have a serious medical condition. However, many lawyers prefer to wait until after a denial because the initial approval rate is low and the lawyer's fee depends on winning. Ask during your consultation whether a lawyer will take your case before you file or are denied.
What if I cannot afford a lawyer?
Disability lawyers work on contingency, so you do not pay anything upfront. The lawyer's fee comes from your back pay only if you win. If you cannot afford to hire a lawyer, you can also contact your local legal aid office, which may offer free representation to low-income people with disability claims.
How long does a disability case usually take?
Initial claims are decided in a few months to over a year. If you are denied and appeal, reconsideration takes several months. A hearing in front of an ALJ can take one to three years from the time you request it, depending on how busy the hearing office is. A lawyer cannot speed this up, but they can make sure your case moves forward and that important date are met.
Can my lawyer talk to Social Security on my behalf?
Yes. Once Social Security approves your lawyer using Form SSA-1696, your lawyer can contact Social Security, request records, and handle all communication about your case. You do not have to call Social Security yourself — your lawyer does that work for you.
What happens if I disagree with my lawyer?
You can fire your lawyer at any time by filing a new Form SSA-1696 with a different lawyer or by representing yourself. You do not need Social Security's permission to change lawyers. If you fire your lawyer before winning, they get no fee. If you fire them after winning, they still get their fee from the back pay.