What a Social Security disability law firm does
A Social Security disability law firm represents people in claims for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) based on disability. These firms handle the paperwork, gather medical evidence, prepare clients for hearings before an Administrative Law Judge, and argue cases at the Appeals Council level if a claim is denied. They do not work for Social Security; they are private law practices that take cases on contingency, meaning they collect a fee only if you win.
The Pilzer Klein firm, based in multiple states, operates within the structure that all Social Security disability practices must follow. Understanding how these firms work — what they do at each stage, how they are paid, and what you should expect — helps you decide whether hiring representation makes sense for your situation.
Key Takeaways
- Social Security disability law firms represent you in SSDI and SSI claims, handling evidence gathering and hearings, and are paid only if you win.
- Attorneys and non-attorney representatives (called "non-attorney practitioners") both represent claimants, and Social Security caps their fees at 25 percent of past-due benefits or $7,200, whichever is less.
- The firm's work begins after an initial denial or at any stage of appeal, and involves obtaining medical records, developing your case file, and preparing you for a hearing.
- You can hire a firm at the initial process stage, but many people wait until after a denial because the initial process is simpler and does not require a hearing.
- The fee agreement must be approved by Social Security before the firm can collect payment, and you receive your full benefit amount while the firm's fee comes from past-due benefits owed to you.
Who works at a Social Security disability practice
A Social Security disability law firm typically employs both attorneys and non-attorney representatives. Non-attorney practitioners — also called "non-lawyer representatives" — are paralegals or other staff who have passed a Social Security test and are authorized to represent claimants before Social Security. They handle many of the same tasks as attorneys: gathering records, developing the case, and presenting arguments at hearings.
The distinction matters for cost and complexity. An attorney can represent you at every stage, including appeals to federal court if Social Security denies you after a hearing. A non-attorney representative can represent you through the Appeals Council but cannot take your case to federal court. Many firms use non-attorney representatives for straightforward cases and attorneys for more complex ones or for federal court appeals.
Pilzer Klein, like other established disability practices, employs both types of representatives. When you contact the firm, you will be assigned to someone based on your case's complexity and the firm's workload. You have the right to request an attorney specifically, though the firm may charge a higher fee or decline to take your case under those terms.
How Social Security disability representation is paid
Social Security disability law firms work on contingency: they collect a fee only if you win your case. The fee comes from your past-due benefits — the money Social Security owes you from the date you became disabled until the date your benefits begin. You do not pay the firm out of your own pocket, and you do not pay if you lose.
Social Security sets a cap on what firms can charge: 25 percent of your past-due benefits or $7,200, whichever is smaller. If your past-due benefits total $20,000, the firm can take 25 percent ($5,000). If your past-due benefits total $40,000, the firm can take only $7,200, not 25 percent. The firm must submit a fee agreement to Social Security for approval before collecting any money.
When you win, Social Security pays your full benefit amount to you. The firm's fee is deducted from your past-due benefits and sent directly to the firm. You receive the remainder. For example, if you are owed $30,000 in past-due benefits and the firm's fee is $7,200, you receive $22,800 and the firm receives $7,200.
What happens at each stage of a disability claim
Social Security disability claims move through stages: initial process, reconsideration (if denied), hearing before an Administrative Law Judge, and Appeals Council review (if the judge denies you). A law firm's role changes at each stage.
At the initial process stage, Social Security reviews your medical records and work history to decide if you meet the criteria for disability. Many people handle this stage without a lawyer because it does not require a hearing and the process is more straightforward. If Social Security denies you, you can request reconsideration, which is a second review by a different examiner. Again, no hearing is required.
If reconsideration is denied, you can request a hearing before an Administrative Law Judge. This is where most disability law firms become involved. The firm gathers your complete medical file, obtains statements from your doctors, develops arguments about why you meet Social Security's disability criteria, and prepares you to testify. The judge hears your case and makes a decision. If the judge denies you, you can appeal to the Appeals Council, which reviews the judge's decision for legal errors.
A firm can represent you at any of these stages, but hiring one before the hearing stage is less common because the earlier stages do not involve a hearing and the evidence-gathering is simpler. Many people contact a firm after an initial denial or after reconsideration is denied.
How a firm develops your case before a hearing
Once you hire a firm, the representative begins building your case file. This involves requesting medical records from every doctor, hospital, and mental health provider you have seen since your disability began. The firm also requests work history records and may obtain statements from your treating physicians explaining how your condition limits your ability to work.
The firm reviews all records to identify the strongest evidence of disability. Social Security uses a five-step process to decide if you are disabled: whether you worked recently, whether your condition is severe, whether it meets or equals a listed impairment in Social Security's rules, whether you can do your past work, and whether you can do any other work. The firm builds arguments for each step, focusing on medical evidence that supports your case.
The firm also prepares you for the hearing. You will meet with your representative to discuss what the judge will ask, how to describe your symptoms and limitations, and what documents the judge will review. This preparation is important because your testimony at the hearing is often the most persuasive evidence in your case.
What to expect at a disability hearing
A hearing before an Administrative Law Judge typically lasts 30 minutes to an hour. The judge sits at a bench, you and your representative sit across from the judge, and a court reporter records everything. The judge asks you questions about your medical condition, your work history, your daily activities, and how your condition affects your ability to work. Your representative may also ask you questions and can object to questions from the judge.
Social Security may send a vocational informed to the hearing — someone who testifies about whether jobs exist that you could do given your age, education, and work experience. Your representative can cross-examine the vocational informed and present evidence that contradicts their testimony.
The judge does not decide your case at the hearing. The judge takes the case under advisement and issues a written decision weeks or months later. If the judge denies you, your representative can file an appeal to the Appeals Council within 60 days of the decision.
When to hire a disability law firm
You can hire a firm at any point in your claim, but the timing affects what work the firm does and how much time they spend on your case. Hiring a firm at the initial process stage means they will oversee the entire process from the start, which can be useful if your case is complex or your medical records are scattered across many providers. However, you will pay the same contingency fee whether the firm is involved from the beginning or only after a denial.
Many people wait until after an initial denial or reconsideration denial to hire a firm because the earlier stages are simpler and do not require a hearing. Once you reach the hearing stage, representation becomes more valuable because the hearing is adversarial and the judge will question your testimony. A firm's experience preparing clients for hearings and presenting evidence can significantly affect the outcome.
You should also consider hiring a firm if your case involves complex medical issues, multiple impairments, or if Social Security's initial decision seems clearly wrong based on your medical records. If your case is straightforward and your medical evidence is strong, you may not need a firm at all.
Frequently Asked Questions
Can I hire a law firm and then fire them if I am not satisfied?
Yes. You can terminate your representation agreement at any time by notifying the firm and Social Security in writing. If the firm has not yet been paid, you owe them nothing. If they have already been paid, you cannot recover their fee. You can hire a different firm to continue your case, though the new firm's fee will be deducted from any additional past-due benefits you receive.
What if I win at the hearing but the judge awards me less past-due benefits than I expected?
The firm's fee is based on the actual past-due benefits the judge awards, not on what you hoped for. If the judge decides your disability began later than you claimed, your past-due benefits will be smaller, and so will the firm's fee. The firm cannot charge you more to make up the difference.
Can a law firm represent me if I already receive SSI or SSDI?
Yes. If you are already receiving benefits and Social Security is considering stopping your benefits or reducing them, a firm can represent you in that process. The fee structure is the same: contingency based on past-due benefits if you win. If you are receiving benefits and straightforward want to appeal a decision about your benefit amount, a firm can help with that too.
Do I have to use a firm from my state?
No. Social Security disability law is federal, and a firm licensed in any state can represent you before Social Security, regardless of where you live. However, if your case goes to federal court, the firm must be licensed in the state where the court is located or must work with a local attorney. Many national firms, including Pilzer Klein, operate across multiple states for this reason.
What happens if Social Security appeals the judge's decision in my favor?
Social Security rarely appeals a judge's decision to award benefits, but it can happen. If it does, your case goes to the Appeals Council, and your firm can represent you there. The Appeals Council reviews the judge's decision for legal errors, not for new evidence. Your firm's fee remains the same because it is based on the benefits you ultimately receive, not on how many times the case is reviewed.