What a Social Security disability attorney does in Marietta

A Social Security disability attorney in Marietta represents you in front of the Social Security Administration (SSA) during the process of requesting benefits for a disability. They handle the paperwork, gather medical evidence, prepare you for hearings, and argue your case if the SSA denies your initial request. Most work on contingency, meaning they take payment only if you win — typically 25 percent of your back pay, up to a maximum set by federal law.

The SSA has its own rules about how attorneys must be paid and what they can charge. An attorney licensed to practice in Georgia can represent you in Marietta, but they must also be authorized by the SSA to do so. This authorization is separate from a law license and requires the attorney to register with the SSA's Office of the General Counsel.

Attorneys differ from non-attorney representatives (called "non-attorney practitioners" or "representatives"). Both can represent you before the SSA, but only attorneys can charge a contingency fee. Non-attorney representatives must charge a flat fee set in advance, which you pay whether you win or lose.

Key Takeaways

  • Social Security disability attorneys in Marietta must be licensed in Georgia and authorized by the SSA to represent you in disability cases.
  • Most disability attorneys work on contingency and take 25 percent of your back pay if you win, with a federal cap on the total fee.
  • You can find SSA-authorized representatives through the SSA's official directory on ssa.gov, which lists attorneys and non-attorney representatives in your area.
  • An attorney can help at any stage — your initial request, a reconsideration, or an appeal hearing — but the cost and complexity increase the further your case goes.
  • You do not need an attorney to request Social Security disability benefits, but representation increases the chance of winning on appeal.

How to find an SSA-authorized attorney in Marietta

The SSA maintains an official directory of attorneys and representatives authorized to practice before it. Go to ssa.gov, search for "Find a Representative," and use the online search tool. You can filter by location (Marietta or Cobb County), by whether you want an attorney or non-attorney representative, and by whether they charge a fee. The directory shows their SSA authorization status, which is the only reliable way to confirm they are permitted to represent you.

Local bar associations in Georgia also maintain referral lists. The State Bar of Georgia does not recommend specific attorneys, but the Cobb County Bar Association (which covers Marietta) publishes a lawyer referral service where you can search by practice area. Some attorneys list themselves as "Social Security disability specialists," though this title is not regulated by the state.

Word of mouth from other people who have gone through the process can point you toward attorneys with a track record in Marietta, but always verify their SSA authorization independently through the official directory. An attorney's reputation locally does not mean they are currently authorized to represent you before the SSA.

What happens when you hire an attorney

Once you hire an attorney, they file a form with the SSA called a "Notice of Representation" (Form SSA-1696-U4). This tells the SSA that the attorney is now your representative and that all future correspondence should go to them. You still own your case and can fire the attorney at any time, but the attorney becomes the main point of contact with the SSA.

The attorney will request your medical records from your doctors, hospitals, and mental health providers. They may also order a consultative examination — a medical evaluation paid for by the SSA — if your records are incomplete. They will build a file showing that your condition prevents you from working and submit it to the SSA along with a written argument for why you meet the criteria for disability.

If the SSA denies your case, the attorney will file a request for a hearing before an Administrative Law Judge (ALJ). This is where most cases are won or lost. The attorney will prepare you for questioning, may call medical experts to testify on your behalf, and will cross-examine the SSA's vocational informed. The hearing usually takes place in an SSA office in Georgia, though some hearings are now held by videoconference.

Contingency fees and what they cover

Federal law caps the contingency fee at 25 percent of your back pay. Back pay is the money the SSA owes you from the date you became disabled (or the date you requested benefits, whichever is later) until the date the SSA approves you. If you are approved for $60,000 in back pay, the attorney's fee is $15,000. You do not pay this fee out of pocket — the SSA pays it directly to the attorney from your back pay.

The attorney may also ask you to pay for case costs separately: medical record fees, filing fees, informed witness fees, and transcript costs. These are not part of the contingency fee and can add up to several hundred dollars. Ask the attorney in writing what costs they expect and whether you pay them upfront or whether they advance them and deduct them from your back pay. Some attorneys advance costs and deduct them later; others ask you to pay as you go.

The SSA must approve the attorney's fee before it is paid. The SSA will review the fee agreement you signed and make sure it does not exceed 25 percent and that the costs are reasonable. If you disagree with the fee, you can request a fee review from the SSA's Office of the General Counsel.

When to hire an attorney versus handling it yourself

You do not need an attorney to request Social Security disability benefits. You can file your own process online at ssa.gov, by phone, or in person at the Marietta Social Security office. The initial process is straightforward, and many people file without representation.

The picture changes if the SSA denies you. At the reconsideration stage (the first appeal), the approval rate is still low — around 10 to 15 percent nationally. At the hearing stage before an ALJ, the approval rate jumps to 50 to 60 percent, but only if you have representation. People who represent themselves at hearings win less often than those with attorneys. An attorney knows how to present medical evidence, how to question the SSA's vocational informed, and how to frame your case in a way that persuades the judge.

If you are already denied and considering an appeal, hiring an attorney at that point is when the contingency fee structure makes the most sense. You have nothing to lose financially — you pay only if you win — and the attorney's experience at the hearing stage significantly improves your odds.

Questions to ask before hiring an attorney

Before you sign a fee agreement, ask the attorney how many Social Security disability cases they have handled and how many resulted in approval. Ask whether they have represented clients in Marietta specifically and whether they have appeared before the ALJs in the Atlanta or Marietta hearing offices. Ask what the timeline typically looks like from when you hire them to when your hearing happens — this varies widely depending on the hearing office's backlog.

Ask in writing what case costs they expect you to pay and when. Ask whether they will advance costs or whether you pay them upfront. Ask how often they will communicate with you and through what method. Ask whether they handle appeals beyond the ALJ hearing (appeals to the Appeals Council) or whether you would need to hire a different attorney if your case goes that far.

Ask whether they have ever been disciplined by the State Bar of Georgia or by the SSA. You can check the State Bar's website for disciplinary history and the SSA's directory for any notes about the representative's authorization status. A clean record is not a may provide of good representation, but a history of discipline is a red flag.

The Marietta Social Security office and hearing locations

The Marietta Social Security office is located at 2625 Windy Hill Road Southeast, Marietta, GA 30067. This is where you can file your initial process in person, though you can also file online or by phone. The office handles requests for reconsideration and can answer questions about your case status.

If your case goes to a hearing, it will likely be held at the Atlanta Social Security hearing office, which covers the Marietta area. Some hearings are now held by videoconference, which means you may not have to travel. Your attorney will know where your hearing will be held and can prepare you accordingly.

Frequently Asked Questions

Can I change attorneys if I am not happy with the one I hired?

Yes. You can fire your attorney at any time by filing a form with the SSA. If your attorney has already been paid a fee from a previous decision, you cannot recover that fee. But if you hire a new attorney before a hearing, the new attorney can represent you going forward. The SSA will split any future fee between the two attorneys based on the work each one did.

What if I cannot afford an attorney's case costs?

Ask the attorney whether they will advance costs and deduct them from your back pay later. Many do. If the attorney will not advance costs, ask whether they can reduce or waive them. Some attorneys are willing to negotiate, especially if your case is strong. You can also look for non-profit legal aid organizations in Cobb County that may help with Social Security cases at no cost.

How long does a Social Security disability case usually take with an attorney?

The initial process can take three to six months. If denied, reconsideration takes another three to six months. A hearing before an ALJ can take one to three years depending on the backlog at the Atlanta hearing office. Your attorney can give you a more specific timeline based on current wait times.

Do I have to use an attorney from Marietta, or can I use one from another part of Georgia?

You can use an attorney licensed in Georgia from anywhere in the state. They do not have to be based in Marietta. However, if your case goes to a hearing, the attorney will need to appear in person or by videoconference, so location matters less now than it did before remote hearings became common.

What is the difference between an attorney and a non-attorney representative for Social Security disability?

Both can represent you before the SSA, but attorneys can charge a contingency fee (25 percent of back pay) while non-attorney representatives must charge a flat fee set in advance. Non-attorney representatives are often less expensive upfront, but you pay whether you win or lose. Attorneys have more courtroom experience and can practice in other areas of law, while non-attorney representatives specialize only in Social Security cases.