What a disability law firm does for your case
A law firm that handles Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) cases represents you in front of the Social Security Administration. They gather medical records, write the documents the SSA needs to see, and argue your case if it gets denied and goes to a hearing. The firm does not work for Social Security — they work for you, and they are paid only if you win.
Most disability law firms focus on cases that have already been denied once. If your initial claim was turned down, a lawyer can file an appeal and prepare you for a hearing in front of an administrative law judge. They know what evidence the judge will want to see and how to present it in a way that matches what Social Security is looking for.
Key Takeaways
- Disability law firms are paid through a fee agreement with Social Security: they take a percentage of your back pay (the money owed from when your disability began), up to a legal maximum set by federal law.
- You do not pay anything upfront, and the firm only gets paid if you win your case.
- Most firms take cases after an initial denial, when you are filing an appeal or preparing for a hearing.
- A lawyer can help you gather medical evidence, write statements, and present your case to a judge in a way that matches what Social Security needs to see.
- You can represent yourself at any stage, but having a lawyer increases the chance your case will be approved.
How law firms are paid
Disability law firms work on what is called a contingency fee. This means the firm takes a percentage of your back pay — the money Social Security owes you from the date your disability began until the date you are approved. The firm does not charge you a retainer, does not bill by the hour, and does not ask for money upfront.
Federal law caps what a disability lawyer can charge at 25 percent of your back pay, or $7,200, whichever is less. Some firms charge less than the maximum. The firm must file a fee agreement with Social Security, and you will see the exact percentage or dollar amount before you sign anything.
If you lose your case, the firm gets nothing. If you win and receive a lump sum of back pay, the firm's fee comes out of that money before you receive your portion. You will see an itemized statement showing what you won, what the firm took, and what you are receiving.
When to hire a lawyer
You can hire a lawyer at any point in the process, but most people do so after their initial claim has been denied. At that stage, you have the right to appeal, and a lawyer can help you prepare for the next step — either a reconsideration review or a hearing in front of a judge.
Some firms will take a case at the initial claim stage if the medical evidence is very strong. Others will only take cases that are already in the appeal process. When you contact a firm, ask whether they handle initial claims or only appeals and hearings.
If your case has been denied multiple times or has been pending for a long time, a lawyer becomes more valuable. They know how to identify what Social Security is looking for and how to reframe your medical evidence to match it.
What the firm will ask you for
When you hire a disability law firm, they will ask you for medical records, work history, and details about how your condition affects your daily life. Bring any documents you have: hospital records, doctor's notes, test results, therapy records, and letters from your doctors describing your limitations.
The firm will also ask you detailed questions about your work history, your education, and what you can and cannot do physically and mentally. They use this information to build a picture of why you cannot work, and they will use it to prepare you for a hearing if your case goes that far.
You do not need to have all your records organized before you call. Many firms will help you request records from your doctors and hospitals. Some will even pay for those records to be sent, and the cost comes out of your back pay if you win.
What happens at a hearing
If your case goes to a hearing, you will sit in front of an administrative law judge. Your lawyer will be there with you. The judge will ask you questions about your medical condition, your work history, and how your condition affects your ability to work. Your lawyer can object to questions that are unfair and can ask follow-up questions to clarify your answers.
The judge may also hear from a vocational informed — someone who testifies about what kinds of jobs exist and whether someone with your limitations could do them. Your lawyer can cross-examine this informed and challenge their conclusions.
After the hearing, the judge will issue a written decision. This can take weeks or months. If the judge approves your case, you win. If the judge denies it, your lawyer can file another appeal to a higher court, though this is less common and the chances of winning decrease at each level.
Finding a law firm
You can find disability law firms through a web search, through referrals from your doctor or local legal aid office, or through the National Organization of Social Security Claimants' Representatives (NOSSCR), which maintains a directory of member attorneys.
When you contact a firm, ask whether they take cases like yours, what their success rate is, and whether they have handled cases in your state. Ask what the fee will be and whether there are any other costs you might owe. A reputable firm will answer these questions clearly and will not pressure you to sign anything on the first call.
Many firms offer a free initial consultation. Use this time to ask questions and to get a sense of whether you feel comfortable working with them. You are not obligated to hire the first firm you talk to.
Representing yourself versus hiring a lawyer
You have the right to represent yourself at any stage of the Social Security process. You can file your own claim, file your own appeal, and argue your own case at a hearing. Some people do this and win.
However, statistics from Social Security show that cases with lawyer representation have higher approval rates than cases without. This is partly because lawyers know what evidence matters most and how to present it, and partly because judges may take a case more seriously when a lawyer is involved.
If you choose to represent yourself, Social Security will send you information about the appeal process and what you need to do. You can also find free or low-cost legal help through your state's legal aid office or through disability advocacy organizations.
Frequently Asked Questions
Can I hire a lawyer if I have already been denied multiple times?
Yes. In fact, cases that have been denied multiple times are common for disability law firms. Each denial gives the firm more information about what Social Security is looking for and what evidence did not work the first time. The firm can use this to build a stronger case for the next appeal.
What if I cannot afford to pay for medical records?
Many disability law firms will pay for medical records on your behalf. The cost is deducted from your back pay if you win. Ask the firm about this when you hire them, and ask what records they think are most important to obtain.
How long does a disability case usually take?
An initial claim can take three to six months. An appeal after denial can take one to two years, depending on how busy the court is in your area. A hearing in front of a judge can take several months to schedule, and a decision can take weeks or months after the hearing ends.
Can I switch lawyers if I am not happy with mine?
Yes. You can fire your lawyer at any time and hire a different one. The new lawyer will need to file a new fee agreement with Social Security. If your case is approved while you are between lawyers, Social Security will hold the fee until a lawyer is officially representing you.
What if my case is approved before a hearing?
If Social Security approves your case during the appeal process, before a hearing takes place, your case is over and you have won. The firm's fee is calculated based on your back pay, and you receive the rest. You do not owe anything beyond the fee agreement you signed.