What a disability law firm does, and when you need one

A law firm that handles Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claims does not file your initial claim for you — that you do through Social Security directly. Instead, these firms represent you if Social Security denies your claim and you file an appeal. They gather medical evidence, write the appeal documents, and represent you at a hearing before an administrative law judge.

You do not need a lawyer to file an initial claim or even to appeal once. Many people win appeals without representation. But if Social Security has already denied you once or twice, or if your medical records are complex, a firm that specializes in disability can significantly improve your chances. The Social Security Administration reports that roughly 70 percent of people who have a representative at a hearing win their case, compared to about 40 percent of people who represent themselves.

These firms work on contingency, meaning they take a percentage of your back pay if you win — usually 25 percent, capped at $7,200 by federal law. You pay nothing upfront and nothing if you lose.

Key Takeaways

  • Disability law firms represent you only after Social Security denies your claim; they do not file your initial claim or speed up the process.
  • Firms work on contingency, taking 25 percent of back pay (capped at $7,200) if you win, with no upfront cost to you.
  • You can find vetted firms through the National Organization of Social Security Claimants' Representatives (NOSSCR), your state bar association, or a local legal aid office.
  • Before hiring, confirm the firm is authorized to practice before Social Security, ask how many disability cases they handle per year, and get their fee agreement in writing.
  • A firm cannot charge you for work done before you sign a fee agreement, and Social Security must approve any fee before the firm receives it.

Where to find disability law firms in your area

The National Organization of Social Security Claimants' Representatives (NOSSCR) maintains a searchable directory of member attorneys and non-attorney representatives authorized to practice before Social Security. You can search by state and city on their website. NOSSCR membership does not may provide quality, but it does mean the person has met training standards and agreed to a code of conduct.

Your state bar association also lists attorneys licensed to practice in your state. Call the bar's lawyer referral service and ask specifically for attorneys who handle Social Security disability appeals. Many bar associations maintain a specialty certification in disability law.

Legal aid offices in your county often have disability specialists or can refer you to firms they work with regularly. Call your local legal aid office or search for it through the Legal Aid & Defender Association website. Legal aid attorneys sometimes handle disability cases for free if you meet income limits, though many also refer clients to private firms they trust.

What to ask before you hire a firm

Ask how many Social Security disability cases the firm handles per year. A firm that handles 50 or more disability cases annually will have more experience with the specific evidence Social Security looks for than a general practice firm that takes a few disability cases alongside other work.

Ask whether the firm or attorney is authorized to practice before Social Security. Social Security maintains a list of authorized representatives on its website. If a firm is not on that list, they cannot represent you at a hearing.

Ask what the fee agreement says. Federal law caps the fee at 25 percent of back pay or $7,200, whichever is less. The fee agreement must be in writing and must state that Social Security must approve the fee before the firm receives it. Ask whether the firm charges for things like obtaining medical records or filing documents — some do, some do not, and this should be spelled out in the agreement.

Ask about the firm's track record on cases similar to yours. If your claim is based on mental health conditions, ask how many mental health cases they have won. If it is based on a back injury, ask about back injury cases. A firm that wins 60 percent of cases overall might win only 40 percent of cases based on your specific condition.

How the fee agreement works

When you sign a fee agreement with a disability firm, you are authorizing Social Security to pay the firm directly from your back pay award. The firm cannot charge you anything upfront, and they cannot charge you if you lose.

The firm must submit the fee agreement to Social Security for approval before they can collect. Social Security reviews the fee to make sure it does not exceed the legal cap and that the firm is authorized to represent you. This approval process usually takes a few weeks.

If you win and receive back pay, Social Security withholds the approved fee and sends it to the firm. You receive the remainder. If your back pay is $15,000 and the approved fee is $3,750 (25 percent), you receive $11,250.

You can also authorize the firm to collect reimbursement for out-of-pocket costs like obtaining medical records or expert reports. These costs are separate from the attorney fee and must also be approved by Social Security. The firm should give you an itemized list of what they are charging for and why.

Red flags when choosing a firm

Do not hire a firm that asks you to pay upfront or promises a specific outcome. No legitimate firm can may provide you will win, and federal law prohibits charging you before you win.

Do not hire a firm that is not on Social Security's list of authorized representatives. You can verify this on the Social Security website by searching for the firm or attorney name.

Be cautious of firms that pressure you to sign quickly or that do not give you time to read the fee agreement. You have the right to shop around and to take time deciding.

Do not hire a firm that charges a flat fee instead of a contingency fee for disability work. Contingency fees align the firm's incentive with yours — they only make money if you win.

What happens after you hire a firm

Once you sign the fee agreement, the firm requests your case file from Social Security and reviews all the medical evidence Social Security considered when they denied your claim. They identify gaps — missing test results, records from a doctor you saw but Social Security never contacted, or medical opinions that support your claim but were not in the file.

The firm then obtains additional medical evidence and may request a statement from your treating doctor explaining why you cannot work. They write an appeal brief that explains why Social Security's decision was wrong based on the medical evidence and the law.

If your case goes to a hearing before an administrative law judge, the firm represents you at the hearing. They present evidence, question the judge's medical expert, and argue why you meet the legal standard for disability.

The entire process from hiring to a hearing decision usually takes 12 to 24 months, depending on how backed up the hearing office is in your area.

Non-attorney representatives versus attorneys

Social Security allows both attorneys and non-attorney representatives (called "accredited representatives") to represent you. Accredited representatives are often paralegals or disability advocates who have passed a Social Security exam and are authorized to practice before Social Security. They charge the same contingency fee as attorneys and operate under the same rules.

Non-attorney representatives can be excellent — many have handled thousands of disability cases and know the system inside out. The main difference is that an attorney has a law degree and is licensed by the state bar, while an accredited representative has passed Social Security's exam. Both can represent you at a hearing.

Some people prefer an attorney because of the additional credential and because attorneys are subject to state bar discipline. Others prefer an accredited representative because they often specialize only in disability and have deeper expertise in that narrow area. Ask about experience and track record rather than focusing on whether the representative is an attorney.

Frequently Asked Questions

Can I hire a firm for my initial claim, before Social Security denies me?

You can, but most firms will not take your case until after a denial because they work on contingency and there is no back pay to collect from an initial award. Some firms will represent you at the initial stage for an hourly fee, but this is uncommon. It is usually cheaper to file your initial claim yourself through Social Security's website or by calling 1-800-772-1213.

What if I already have a firm and I want to switch to a different one?

You can fire your current representative and hire a new one. You must notify Social Security in writing that you are ending the representation and sign a new fee agreement with the new firm. Social Security will not pay two firms — only the authorized representative listed in your file receives the fee. Make sure the new firm submits their fee agreement before you stop working with the old one.

Can a firm charge me for things besides the attorney fee?

Yes, but only for specific out-of-pocket costs like obtaining medical records, paying for an expert medical opinion, or filing fees. These costs must be listed in the fee agreement and approved by Social Security separately from the attorney fee. Ask the firm upfront what costs they anticipate and whether they will cover them and deduct them from your award, or whether you pay them directly.

What if Social Security approves a fee that seems too high?

You can request that Social Security reduce the fee. Write to the Social Security office handling your case and explain why you believe the fee is unreasonable. Social Security will review your request, but they usually approve fees up to the legal cap as long as the firm is authorized. If you believe the firm overcharged you, you can file a complaint with your state bar association or with Social Security's Office of Inspector General.

Do I need a firm if I am filing my first appeal?

No. Many people win their first appeal without a lawyer by submitting additional medical evidence and writing a clear explanation of why they cannot work. A firm becomes more valuable if Social Security denies your first appeal and you are heading to a hearing, or if your medical history is very complex.