What a Social Security disability law firm does
A Social Security disability law firm represents people who are filing for or appealing Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) based on disability. These firms handle the paperwork, gather medical evidence, prepare you for hearings, and argue your case in front of a judge if your initial claim is denied. They do not work for Social Security — they work for you, and they are paid only if you win your case.
The firms you will encounter fall into two categories. Some are law firms with attorneys licensed to practice in your state. Others are non-attorney representative firms whose staff hold a credential called Accredited Representative, issued by Social Security itself. Both can represent you before Social Security and in federal court, though only attorneys can represent you if your case goes beyond that.
Most disability law firms work on what is called a "contingency fee" arrangement. That means 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 — if you win. They do not charge you upfront, and if you lose, you owe them nothing. Social Security caps this fee at 25 percent of your back pay or $7,200, whichever is less.
Key Takeaways
- A disability law firm handles the medical evidence, paperwork, and hearing preparation for your SSDI or SSI claim, and charges you only if you win.
- You can represent yourself at any stage of a Social Security disability claim, but most people who win at the hearing level have legal representation.
- The right time to hire a firm is usually after your first claim is denied, not before you file, because most initial claims are denied and you will need to appeal.
- Accredited Representatives and attorneys both can represent you before Social Security, but only attorneys can represent you in federal court if your case goes that far.
- Social Security caps what a firm can charge you at 25 percent of your back pay or $7,200, whichever is smaller, and the firm must get Social Security's approval of the fee.
When you might need a disability law firm
You do not need a law firm to file for SSDI or SSI. You can file on your own through Social Security's website, by phone, or in person at your local Social Security office. Many people do this and win without a lawyer.
However, most initial SSDI and SSI claims are denied. If your claim is denied, you have the right to appeal. This is where a law firm becomes useful. At the appeal stage — called a "hearing before an administrative law judge" — having someone who knows how to present medical evidence and cross-examine Social Security's doctor makes a real difference in your chances. Studies show that people represented by a lawyer or accredited representative win their hearings at a much higher rate than people who represent themselves.
You might also hire a firm if your initial claim is approved but Social Security later says you are no longer disabled and tries to stop your benefits. This is called a "continuing disability review," and you can appeal that decision too.
How to find and choose a disability law firm
Start by searching online for "Social Security disability attorney" or "Social Security disability representative" plus your state or city. You will see law firms, non-attorney representative firms, and sometimes both.
Check whether the firm is accredited with Social Security. You can search the Social Security Office of Hearings Operations website for accredited representatives by name or firm. For attorneys, verify they are licensed in your state through your state bar association's website.
Call or email several firms and ask about their experience with cases like yours. Most offer a free initial consultation where you can ask questions and get a sense of how they work. Ask how long they have been handling disability cases, what percentage of their cases they win, and how they stay in touch with you during your case. A firm that is vague about its track record or pushes you to hire when ready is a red flag.
Do not pay any upfront fee. If a firm asks for money before your case is decided, that is a violation of Social Security rules and you should find a different firm.
What happens after you hire a firm
Once you sign a fee agreement with a firm, they will request your medical records from your doctors and hospitals. They will also ask you for details about your work history, your symptoms, and how your condition affects your daily life. This information goes into a written statement called a "brief" that the firm submits to Social Security before your hearing.
The firm will prepare you for your hearing by explaining what to expect, what questions the judge will ask, and how to answer clearly and honestly. They will also obtain a medical informed — sometimes called a "medical informed witness" — who will testify at your hearing about whether your condition meets Social Security's definition of disability.
At the hearing itself, the firm will present your case to the judge, show your medical records, have the medical informed testify, and ask you questions to bring out the details of how your disability affects you. Social Security will also have a representative there, and they may call their own doctor to testify. Your firm will have the chance to question that doctor too.
After the hearing, the judge will issue a written decision. If you win, Social Security will calculate your back pay and your monthly benefit amount. Your firm will then submit a fee petition to Social Security asking for approval of their fee, which Social Security must approve before the firm can take their cut.
What to do if your claim is denied and you do not have a firm yet
If Social Security denies your claim, you will receive a notice in the mail explaining why. Read it carefully — it will tell you what Social Security thinks is wrong with your case. You have 60 days from the date on that notice to file an appeal.
This is the right time to contact a disability law firm. Bring the denial letter with you. The firm can review it, tell you whether your case is worth appealing, and explain what evidence you will need to gather. If the firm thinks your case is weak, they will tell you that too — a good firm will not take a case they do not think they can win, because they only get paid if you win.
If you wait longer than 60 days to appeal, you can still file, but you will have to explain to Social Security why you waited. It is better to file within the 60-day window.
The difference between a law firm and a non-attorney representative firm
Both can represent you before Social Security and in Social Security's appeals process. The main difference is what happens if your case goes to federal court. If you lose at the hearing level and want to sue Social Security in federal court, only an attorney can represent you. A non-attorney representative cannot.
In practice, most disability cases are decided at the hearing level and never reach federal court. But if your case is unusual or involves a complex legal question, you might want an attorney from the start so you have that option later.
Non-attorney representative firms are often less expensive to work with because their overhead is lower, though remember that both types charge the same capped fee if you win. Some people prefer working with a non-attorney firm because the representative may have more time to spend with you. Others prefer an attorney because they want a lawyer's full credentials and courtroom experience. Both are legitimate choices.
Red flags and how to protect yourself
Do not hire a firm that asks you to pay money upfront or promises you will definitely win. Social Security disability cases are never may provide, and upfront fees are illegal.
Be wary of firms that pressure you to sign a fee agreement when ready or that do not explain how they work. A reputable firm will take time to answer your questions and let you think about whether you want to hire them.
If a firm tells you that you should not file your claim yourself and should wait for them to file it, that is not true. You can file on your own, and in fact most people do. A firm's job is to help you appeal after a denial, not to file your initial claim.
Once you hire a firm, stay in touch with them. Ask for updates on your case every few months. If you cannot reach them or they do not respond to your calls and emails, that is a problem. You have the right to fire a firm and hire a different one if you are unhappy with their service.
Frequently Asked Questions
Can I represent myself in a Social Security disability hearing?
Yes. You have the right to represent yourself at any stage of a Social Security disability claim. However, people who have a lawyer or accredited representative at their hearing win at higher rates than people who represent themselves. If you choose to represent yourself, Social Security's website has guides on how to prepare.
How much will a disability law firm charge me?
Social Security caps the fee at 25 percent of your back pay or $7,200, whichever is less. The firm cannot charge you anything upfront. If you do not win, you pay nothing. The firm must get Social Security's written approval of the fee before they can take it from your back pay.
How long does a disability case usually take?
An initial claim can take three to six months. If it is denied and you appeal, the wait for a hearing is usually one to two years, depending on how busy your local hearing office is. The judge's decision comes out weeks or months after the hearing. A firm can tell you what the typical wait is in your area.
What if I already filed my claim without a firm and now want to hire one?
You can hire a firm at any point in your case, even if you filed on your own. If your claim was denied, a firm can take over your appeal. If your claim was approved, a firm can represent you if Social Security later tries to stop your benefits. You will sign a new fee agreement with the firm, and they will handle things from that point forward.
What is the difference between SSDI and SSI, and does it matter which one I am filing for?
SSDI is based on your work history and Social Security taxes you paid. SSI is based on financial need and is for people with low income and few assets. A disability law firm handles both types of cases. The firm will help you figure out which one you are may be able to access for when you meet with them.