How representatives help with Social Security Disability claims
A representative — sometimes called a disability advocate or attorney — is a person licensed to help you communicate with Social Security about your disability case. They do not work for Social Security. They work for you, and they are paid only if your case succeeds.
Representatives handle the paperwork, gather medical records, prepare your case for a hearing, and speak on your behalf at the hearing itself. They know the rules Social Security uses to decide cases, and they know what evidence matters most. Many people win their cases with a representative who might not have won alone.
The Loyd Bourgeois firm is one example of a disability representation company. There are thousands of representatives across the country — some work alone, some work in firms, some work for nonprofits. The way representation works is the same regardless of which representative you choose.
Key Takeaways
- Representatives are paid a fee only if you win your case, and that fee is capped by law at 25 percent of your back pay, up to $7,200 as of 2024.
- You can hire a representative at any stage of your case — when you first file, after a denial, or before a hearing.
- Social Security must approve your representative before they can act on your behalf, and you sign a form (Form SSA-1696) to authorize them.
- Representatives cannot may provide an outcome, and you remain responsible for the truth of everything in your case.
What representatives actually do in your case
A representative collects your medical records from doctors, hospitals, and clinics. They request work history from your employers. They organize this evidence into a file that shows Social Security why you cannot work.
If Social Security denies your first claim, your representative files a request for reconsideration or, more commonly, a request for a hearing before an administrative law judge. They prepare a written brief explaining your case and the law that applies to it. At the hearing, they present your evidence, ask you questions to bring out the strongest parts of your story, and cross-examine the vocational expert or medical expert that Social Security brings.
Representatives also handle communication with Social Security on your behalf. Once you authorize them, Social Security sends all notices to them, not to you. This means you have someone watching the deadlines and making sure nothing gets missed.
How much representatives cost and when you pay
Representatives work on contingency, which means they are paid only if you win. You do not pay them upfront, and you do not pay them if your case is denied.
If you win, the representative's fee comes from your back pay — the money Social Security owes you for the months before your case was approved. The fee is capped by federal law at 25 percent of your back pay or $7,200, whichever is less. As of 2024, the $7,200 cap applies to most cases. Social Security pays the representative directly from your back pay, so the money does not come out of your pocket separately.
Some representatives also charge for costs like obtaining medical records or filing fees. These costs are separate from the representative's fee and are usually small — often $100 to $300 total. Ask about costs upfront before you hire someone.
How to authorize a representative and what paperwork you need
To hire a representative, you sign Form SSA-1696, titled "Appointment of Representative." This form tells Social Security that you want this person to act on your behalf. You and the representative both sign it, and you send it to Social Security.
You can use the same form to fire a representative if you change your mind. You sign it, check the box that says you are withdrawing the appointment, and send it to Social Security. The representative's authority ends when Social Security receives the form.
Before you hire anyone, ask to see their credentials. Attorneys must be licensed to practice law in your state. Non-attorney representatives must be accredited by Social Security — they hold a credential called POMS accreditation (Program Operations Manual System). You can check whether someone is accredited by calling Social Security's Office of the Inspector General at 1-800-269-9271 or by visiting their website.
What representatives cannot do
A representative cannot change the facts of your case or may provide that you will win. They cannot tell Social Security that you are disabled if the medical evidence does not support it. You remain responsible for the truth of everything in your application, and lying to Social Security is fraud.
Representatives also cannot represent you in court if you decide to sue Social Security. If your case goes to federal court, you need a lawyer licensed to practice in that court. Some representatives are lawyers and can do this; many are not.
Representatives cannot charge you a fee larger than the law allows, and they cannot charge you upfront. If someone asks for money before your case is decided, that is a red flag. Report it to Social Security's Office of the Inspector General.
Choosing between different types of representatives
You have three main choices: an attorney, a non-attorney accredited representative, or a nonprofit organization that provides representation.
Attorneys have a law degree and are licensed by the state. They can represent you in court if needed. They usually charge the same contingency fee as non-attorney representatives.
Non-attorney accredited representatives have passed Social Security's accreditation exam and are authorized to represent you before Social Security. They cannot represent you in court, but they can handle your entire Social Security case. They often charge the same fee as attorneys.
Nonprofits like legal aid organizations sometimes provide representation for free or at a reduced cost. They are usually available only if your income is below a certain level. Call your local legal aid office to ask whether they handle disability cases.
The choice between them often comes down to what you can find in your area and whether you trust the person. Ask for references from past clients if you can. Ask how long they have been doing this work. Ask what they think your case is worth — if they promise you will win, that is a sign they do not understand how these cases work.
What happens after you hire a representative
Once Social Security approves your representative, they take over communication with the agency. You should still keep copies of everything Social Security sends you, but your representative will be watching the deadlines and making sure nothing is missed.
Your representative will ask you for information about your medical treatment, your work history, and how your condition affects your daily life. Be honest and detailed. The more your representative knows, the stronger your case.
If your case goes to a hearing, your representative will prepare you for it. They will explain what to expect, what questions the judge might ask, and how to talk about your condition. At the hearing itself, they speak for you and present your evidence.
Frequently Asked Questions
Can I hire a representative after I have already been denied once?
Yes. You can hire a representative at any point in your case — when you first file, after a denial, or right before a hearing. Many people hire a representative after their first or second denial because the case becomes more complex and a hearing is coming.
What if I cannot afford a representative's fee?
Representatives work on contingency, so you do not pay upfront. You pay only if you win, and the fee comes from your back pay. If you cannot afford even the small costs for records, ask your representative whether they will cover those costs and deduct them from their fee.
Can a representative help me if I am already receiving benefits and want to increase my payment?
No. Representatives handle claims for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) — cases where you are applying for benefits or appealing a denial. They do not handle requests to increase your payment amount once you are already receiving benefits.
What should I do if I think my representative is not doing their job?
Talk to them first. Ask what they are doing on your case and when you can expect the next step. If you are not satisfied, you can fire them by signing Form SSA-1696 and checking the box to withdraw the appointment. Then you can hire someone else.
How long does a case usually take with a representative?
Most cases take one to three years from the initial application to approval. Cases that go to a hearing usually take longer than cases approved at the initial level. Your representative can give you a better estimate based on your specific situation and your local hearing office's backlog.