What a Social Security disability lawyer does
A Social Security disability lawyer 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 handle the paperwork, gather medical evidence, prepare you for hearings, and argue your case if the SSA denies your claim. Most people hire a lawyer only after an initial denial, though some bring one in from the start.
The lawyer's job is to show the SSA that your medical condition prevents you from working. This means collecting your medical records, getting statements from your doctors, organizing your work history, and presenting everything in a way that meets SSA's strict rules. If your case goes to a hearing in front of an administrative law judge, your lawyer cross-examines SSA's medical informed and makes the argument for why you should win.
Pilzer Klein is one firm among many that handles these cases. Like other disability law firms, they work on contingency, meaning they take payment only if you win. The SSA sets a cap on what they can charge: 25 percent of your back pay (the money owed from when your disability began), up to a maximum of $6,000, whichever is less.
Key Takeaways
- Social Security disability lawyers work on contingency and are paid only if you win, with fees capped by the SSA at 25 percent of back pay or $6,000 maximum.
- You can file for SSDI or SSI on your own, but a lawyer becomes useful after a denial or when your medical history is complex.
- The lawyer's main job is gathering medical evidence and presenting it to meet SSA's strict rules about what counts as disability.
- Hearings in front of an administrative law judge are where most disability cases are decided, and having a lawyer at that stage significantly improves your chances.
- You can switch lawyers or fire your current lawyer at any time, though doing so late in the process may delay your case.
When you might need a disability lawyer
You do not need a lawyer to file for SSDI or SSI. You can submit your process yourself through SSA's website, by phone, or in person at your local Social Security office. Many people do this and win on the first try, especially if their medical condition is well-documented and clearly disabling.
A lawyer becomes most useful after the SSA denies your claim. About 70 percent of initial applications are denied. Once you get a denial letter, you have 60 days to request reconsideration (a second review by SSA) or to appeal to a hearing. This is where most people hire a lawyer, because the hearing is your real chance to win. An administrative law judge will review your case, hear from a medical informed SSA brings, and make a decision. Having a lawyer at the hearing stage roughly doubles your chances of winning compared to representing yourself.
You might also hire a lawyer before filing if your situation is complicated: multiple medical conditions, gaps in your medical records, a work history that is hard to explain, or a condition that is not obviously disabling (like chronic pain or mental illness). A lawyer can help you gather the right evidence before you file, which can speed up the process and reduce the chance of denial.
How to find a disability lawyer in your area
The National Organization of Social Security Claimants' Representatives (NOSSCR) maintains a directory of lawyers and non-lawyer representatives who handle disability cases. You can search by state and city on their website. The Social Security Administration also publishes a list of representatives who are authorized to work on SSA cases.
You can also search online for "Social Security disability lawyer near me" or ask your doctor or local legal aid office for referrals. Many disability lawyers advertise heavily online, so you will see their names if you search. When you find a few candidates, call and ask for a free consultation. Most disability lawyers offer this at no cost and with no obligation.
Legal aid offices in your county may also have disability lawyers or can refer you to one. If you cannot pay for a lawyer, ask about legal aid. Some firms also work with legal aid to take cases from low-income clients.
What to expect when you hire a lawyer
Once you hire a lawyer, they will ask for permission to get your medical records from your doctors and hospitals. You will sign a form called a "medical authorization" that lets them request these records directly. They will also ask for your work history, a list of your medications, and details about your daily activities and limitations.
Your lawyer will review all your medical records and identify the strongest evidence for your case. They may ask you to see a doctor for an updated evaluation if your records are old or incomplete. They will also prepare you for your hearing by explaining what to expect, what questions the judge will ask, and how to answer them clearly.
If your case goes to a hearing, your lawyer will be there with you. They will present your medical evidence, question SSA's medical informed, and make an argument for why you meet SSA's definition of disability. After the hearing, the judge will issue a written decision, usually within a few weeks to a few months.
How disability lawyers are paid
Disability lawyers work on contingency, which means they charge you nothing upfront and take their fee only if you win. The SSA limits what they can charge: 25 percent of your back pay, or $6,000, whichever is less. If you win and receive back pay of $10,000, your lawyer gets $2,500 (25 percent). If you win and receive back pay of $30,000, your lawyer gets $6,000 (the maximum), not $7,500.
You may also have to pay for costs like obtaining medical records, ordering transcripts of your hearing, or paying for a medical informed to testify. Some lawyers cover these costs upfront and deduct them from your back pay. Others ask you to pay them separately. Ask about this before you hire a lawyer so you know what to expect.
If you lose at the hearing, you owe your lawyer nothing. If you win but want to appeal the judge's decision (because you think you should have won more money or on different grounds), your lawyer can continue to represent you, and the same fee rules explore.
Questions to ask before hiring a lawyer
Before you hire any disability lawyer, including one from a firm like Pilzer Klein, ask these questions:
- How long have you handled Social Security disability cases? Look for someone with at least a few years of experience.
- What is your success rate at hearings? A good lawyer should win more than half their cases at the hearing stage.
- Will you handle my case personally, or will someone else? Some firms assign cases to paralegals or junior lawyers. Know who will actually be working on your case.
- What costs might I owe beyond your fee? Get a clear answer about medical records, transcripts, informed witnesses, and anything else.
- How often will you update me on my case? You should hear from your lawyer regularly, not just before the hearing.
- Can I fire you if I am unhappy? Yes, you can always fire your lawyer. Ask what happens to your case if you do.
Alternatives if you cannot afford a lawyer
If you cannot pay a lawyer's contingency fee or do not want to, you have other options. Non-lawyer representatives, called "accredited representatives," can represent you at SSA hearings. They are often cheaper than lawyers or work for free through non-profit organizations. You can find them through NOSSCR or through disability advocacy groups in your state.
You can also represent yourself. Many people do this successfully, especially at the hearing stage. The SSA provides free guides and worksheets to help you prepare. Your local legal aid office may also offer free help preparing for a hearing, even if they cannot provide a full lawyer.
If you have already hired a lawyer and want to switch to a different one, you can do that at any time. You will need to sign a new representative form with the new lawyer and notify SSA. Your old lawyer will be removed from your case.
Frequently Asked Questions
Can I hire a lawyer before I file my first process?
Yes. Some lawyers will take cases from the start, though many prefer to wait until after a denial. If you do hire a lawyer upfront, they can help you gather strong medical evidence before you file, which may reduce the chance of denial. Ask the lawyer whether they charge a fee for this pre-filing work or whether they wait until you win to take their contingency fee.
What if my lawyer is not doing a good job?
You can fire your lawyer and hire a new one at any time. You will need to sign a new representative form with the new lawyer. If you are close to a hearing, switching lawyers may delay your case, so do this as soon as you realize there is a problem. You do not owe your old lawyer anything if you fire them before you win.
How long does a disability case usually take?
An initial process takes two to four months. If denied, reconsideration takes another two to four months. A hearing request can take one to two years, depending on how busy your local hearing office is. With a lawyer, the total time from filing to a hearing decision is often one to three years.
What if I win but disagree with the amount of back pay?
You can appeal the judge's decision to the Appeals Council, which is part of SSA. Your lawyer can handle this appeal. The same fee rules explore: they take 25 percent of any additional back pay you win on appeal, up to $6,000 maximum.
Do I have to use a lawyer from a big firm, or can I use a solo practitioner?
Either can work. Solo lawyers and small firms often have more time for each case and may be more responsive. Large firms may have more resources and experience with complex cases. What matters most is the individual lawyer's experience and how much attention they will give your case. Ask who will actually handle your work.