What a disability law firm does in a Social Security case
A disability law firm 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 a disability. The firm's 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 law firms do not charge you upfront. Instead, they take a percentage of your back pay — the money Social Security owes you from the date you became disabled until the date your benefits start. That percentage is capped by federal law at 25 percent of your back pay, or $7,200, whichever is less. You only pay if you win.
The firm handles the paperwork, requests your medical records from doctors and hospitals, and submits evidence to Social Security on your behalf. If Social Security denies your claim, the firm can request a hearing before an Administrative Law Judge (ALJ) and represent you there.
Key Takeaways
- Disability law firms charge only if you win, taking a percentage of back pay capped at 25 percent or $7,200, whichever is smaller.
- The firm gathers medical records, submits evidence to Social Security, and represents you at hearings if your claim is denied.
- You can hire a firm at any stage — when you first file, after a denial, or before a hearing.
- Social Security must approve the firm's fee before the firm can collect it, and the firm cannot charge you for the approval process itself.
- You have the right to fire a firm and hire another one, or to represent yourself, at any time.
When to hire a disability law firm
You can hire a disability law firm before you file, after Social Security denies your claim, or at any point in between. Many people hire a firm after their first denial, because that is when they realize the process is more complex than they expected.
If you hire a firm early — when you first file — the firm can shape your case from the start by telling you what medical evidence Social Security will need and helping you gather it before you submit your process. This can reduce the chance of a denial.
If you hire a firm after a denial, the firm can request a hearing and prepare you to testify in front of a judge. Roughly 60 percent of cases that reach a hearing result in approval, compared to about 30 percent of initial applications. A firm's experience at hearings can make a real difference.
How the fee arrangement works
When you sign a contract with a disability law firm, the firm agrees to represent you for a fee that comes from your back pay only. The firm cannot charge you a monthly fee, an hourly rate, or any money out of your own pocket.
If Social Security approves your claim and awards you back pay, the firm sends a fee petition to Social Security asking permission to take its fee from that back pay. Social Security reviews the petition and either approves or reduces the fee. Once Social Security approves the fee, the firm collects it directly from your back pay before the remaining money goes to you.
If you win but Social Security denies the fee petition or reduces the fee below what you and the firm agreed to, you are not responsible for the difference. The firm absorbs the loss.
If you lose — if Social Security denies your claim at every stage — the firm gets nothing and you owe nothing.
What happens at a disability hearing
If Social Security denies your initial claim, you can request a hearing before an Administrative Law Judge. This is where a disability law firm's representation often matters most. At the hearing, you sit across from a judge, your firm presents evidence and questions you, and a Social Security representative may also be present.
The judge will ask you about your medical condition, your work history, and how your disability affects your daily life. Your firm will have prepared you for these questions and will have submitted medical records and sometimes a statement from your doctor explaining why you cannot work.
The hearing usually lasts 15 to 45 minutes. The judge does not decide on the spot; you receive a written decision weeks or months later. If the judge approves your claim, you receive back pay. If the judge denies it, you can appeal to the Appeals Council, and your firm can continue to represent you there.
Finding and vetting a disability law firm
Disability law firms are regulated by Social Security and must be authorized to practice before the agency. You can search for authorized representatives on the Social Security website under "Find Legal Representation." The search tool lets you filter by state and city.
When you contact a firm, ask how many disability cases it has handled, what percentage of its cases result in approval, and how long it typically takes from hire to decision. Ask whether the firm will handle your case personally or assign it to a junior attorney. Ask what the firm will do if Social Security denies your claim — will it automatically request a hearing, or will it discuss your options with you first?
Many disability law firms offer a free initial consultation. Use that time to ask questions and get a sense of whether the firm communicates clearly and listens to your situation. You are not locked in after a consultation; you can talk to multiple firms before deciding.
Your rights when working with a firm
You have the right to know what your firm is doing on your behalf. The firm must keep you informed about important date, decisions from Social Security, and next steps. You have the right to see all documents the firm submits to Social Security and all documents Social Security sends back.
You have the right to fire your firm at any time and hire a different one, or to represent yourself. If you switch firms, the new firm can request that Social Security transfer the case file. The fee arrangement transfers too — the new firm's fee comes from the same back pay pool, and Social Security will not pay two firms.
You have the right to dispute a fee if you think it is unfair. You can ask Social Security to review the fee petition, or you can file a complaint with the Social Security Office of Inspector General.
What to bring to your first meeting with a firm
Bring any letters or decisions you have received from Social Security, including your initial denial if you have one. Bring a list of all doctors and hospitals that have treated you for your disability, with dates of treatment if you have them. Bring your medical records if you have copies, or be prepared to give the firm permission to request them from your providers.
Bring your work history — the names of employers, the dates you worked, and the type of work you did. Bring information about your education and any training or certifications you have. The firm will use this to show Social Security what kind of work you are capable of doing, and why your disability prevents you from doing it.
Bring a list of questions. The firm's job is to explain the process and answer what you do not understand. There are no stupid questions in a disability case.
Frequently Asked Questions
Can I hire a firm if I already represent myself?
Yes. If you have been handling your case alone and Social Security denies your claim, you can hire a firm to take over. The firm will request a hearing and represent you from that point forward. You do not lose any rights or benefits by switching to a firm.
What if the firm and I disagree about strategy?
Talk to the firm about your concerns. The firm works for you and should explain its reasoning. If you cannot reach agreement, you have the right to fire the firm and hire another one, or to represent yourself. Switching firms does not delay your case.
How long does a disability case usually take?
Initial claims take three to six months. If Social Security denies your claim, requesting a hearing adds another six to eighteen months depending on the judge's workload in your area. Some cases take longer if you appeal a hearing denial to the Appeals Council.
What if I cannot afford a firm's fee?
You do not pay anything upfront. The firm's fee comes only from back pay if you win. If you do not win, you owe nothing. This is why most disability law firms will take your case even if you have no money now.
Can a firm may provide I will win?
No. Any firm that guarantees approval is breaking the law. A firm can tell you honestly whether your case is strong or weak based on your medical evidence and work history, but the decision belongs to the judge or Social Security, not the firm.