What a disability law firm does in a Social Security case

A disability law firm represents you in front of the Social Security Administration (SSA) when you are seeking Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) based on disability. The firm's job is to build your case, file the right documents in the right order, respond to SSA requests, and argue on your behalf if SSA denies you. They do not work for SSA — they work for you, and they are paid only if you win.

Most disability law firms handle cases at three stages: the initial application, the reconsideration stage after a denial, and the hearing before an Administrative Law Judge (ALJ). Some also handle appeals to the Appeals Council. The firm gathers your medical records, works with doctors to document your condition, and prepares you for a hearing if your case reaches that point.

You do not have to hire a law firm to file for SSDI or SSI. You can file on your own through SSA's website, by phone, or in person at a local Social Security office. But disability cases are complex, and most people who represent themselves are denied. A law firm increases your chances significantly, especially if SSA has already turned you down once.

Key Takeaways

  • Disability law firms are paid only if you win your case, and their fee is capped by federal law at 25 percent of your back pay (the money SSA owes you from when you became disabled), up to a maximum of $7,200 as of 2024.
  • You can hire a firm at any stage — when you first file, after an initial denial, or even years later if you want to reopen a closed case.
  • The firm's main job is to gather medical evidence, respond to SSA's requests, and represent you at a hearing before a judge if your case gets that far.
  • Not all lawyers who say they handle disability cases are certified or experienced; ask whether the firm has handled cases to the hearing stage and what percentage of their cases result in approval.
  • You can change firms or fire your current representative at any time, though doing so late in the process may delay your case.

How disability law firms are paid

Disability law firms work on contingency, meaning they take no money upfront and are paid only if you win. The fee comes from your back pay — the money SSA owes you from the date you became disabled until the date SSA approves you. The firm cannot take more than 25 percent of your back pay, and the total fee cannot exceed $7,200 (this cap is adjusted yearly for inflation, so the exact amount changes).

Before the firm can take any fee, SSA must approve it. The firm files a fee agreement with SSA, and SSA reviews it to make sure the fee is reasonable. If SSA approves the fee, the firm's payment comes directly from your back pay. You do not pay anything out of pocket, and your ongoing monthly benefit is not affected.

Some firms also charge for costs — things like obtaining your medical records, paying for a doctor to review your file, or transcribing a hearing. These costs are separate from the attorney fee and come out of your back pay as well. Ask the firm upfront what costs they charge and whether those costs are refunded if you lose.

What happens at each stage of a disability case

The path from filing to approval usually takes one to three years, though it can be faster or slower depending on how busy your local SSA office is and whether SSA denies you.

Initial application: You or your firm file your application with SSA. SSA sends your file to a state agency called Disability information Services (DDS), which reviews your medical records and decides whether you meet SSA's definition of disabled. This stage takes two to four months. Most people are denied at this stage.

Reconsideration: If SSA denies you, you can ask for reconsideration within 60 days. A different examiner at DDS reviews your file, usually with new medical evidence your firm has gathered. This stage also takes two to four months. Most people are denied again at reconsideration.

Hearing before an ALJ: If reconsideration is denied, you can request a hearing before an Administrative Law Judge. This is where a disability law firm becomes most valuable. The ALJ is an independent judge who listens to your testimony, questions you about your condition, and may hear testimony from a medical expert or vocational expert. The hearing usually happens four to eighteen months after you request it, depending on the judge's caseload. About 50 percent of cases are approved at the hearing stage.

Appeals Council: If the ALJ denies you, you can appeal to the Appeals Council, which reviews the ALJ's decision. This stage is less common and less likely to result in approval, but some firms handle it.

How to find and hire a disability law firm

Disability law firms are regulated by SSA, and you can search for accredited representatives on SSA's website under "Find Legal Representation." This database lists lawyers, non-lawyer representatives, and organizations that are authorized to represent you. Not every disability representative is a lawyer — some are non-lawyer advocates who are trained and certified to represent you in SSA cases.

When you contact a firm, ask these questions: How many disability cases have you handled? What percentage of your cases are approved? Have you handled cases to the hearing stage? What are your costs, and are they refunded if I lose? Can you provide references from past clients?

You can also ask your state bar association or a local legal aid office for referrals. Some legal aid organizations handle disability cases for free if you meet their income limits. If you cannot afford a private firm and do not meet legal aid income limits, a non-lawyer representative may charge a lower fee than a lawyer.

What to expect when working with a disability law firm

Once you hire a firm, they will ask you to sign a fee agreement and a power of attorney form. The power of attorney allows them to represent you in front of SSA and to receive your medical records without your permission each time. You keep this power of attorney in place until you fire the firm or the case is closed.

The firm will then gather your medical records from every doctor, hospital, and mental health provider you have seen. They will ask you detailed questions about your work history, your symptoms, and how your condition affects your daily life. They may ask you to see a doctor they hire to examine you and write a report supporting your case.

Throughout the process, the firm will respond to SSA's requests for information, file documents by the deadline, and keep you informed about what is happening. If your case reaches a hearing, the firm will prepare you by explaining what to expect, what questions the judge will ask, and how to answer clearly and honestly.

Red flags when choosing a disability law firm

Avoid firms that promise you will win, may provide approval, or say they have a special relationship with SSA. No one can may provide a disability case will be approved — SSA makes the decision based on your medical evidence, not on who represents you.

Avoid firms that pressure you to hire them immediately or that do not explain their fees clearly. Avoid firms that ask you to pay money upfront or that charge a flat fee instead of a contingency fee. Avoid firms that do not return your calls or do not keep you informed about your case.

Ask whether the firm has a physical office in your state and whether they have handled cases in your local Social Security office. Some firms operate nationally and may not be familiar with how your local office works.

Changing or firing your representative

You can fire your representative at any time and hire a different one, or represent yourself. To do this, you file a form with SSA called a "Discharge of Representative" or hire a new representative, who will file a new power of attorney. SSA will then recognize only the new representative.

If you fire your firm before the case is closed, they are still may have access to to their fee if you eventually win, as long as they did work on your case. However, if you hire a new firm, the new firm may negotiate a lower fee with you because part of the work has already been done. The total fee from all representatives combined still cannot exceed 25 percent of your back pay and $7,200.

Frequently Asked Questions

Can I hire a law firm if I already filed my application on my own?

Yes. You can hire a firm at any stage — after an initial denial, after reconsideration is denied, or even before your first decision comes back. If you hire a firm early, they can gather additional medical evidence and strengthen your case before SSA makes its first decision.

What if I cannot afford a lawyer?

Legal aid organizations in your state may represent you for free if your income is below a certain level. You can also hire a non-lawyer representative, who may charge a lower fee than a lawyer. Search SSA's accredited representative database to find non-lawyer advocates in your area.

How long does it take to get a decision after I hire a firm?

It depends on what stage your case is at. If you are filing for the first time, expect two to four months for the initial decision. If you have already been denied and are requesting a hearing, expect four to eighteen months before the hearing happens. After the hearing, the judge usually issues a decision within two to four months.

What happens to my monthly benefit if I win?

Your ongoing monthly SSDI or SSI benefit is not affected by the attorney fee. The fee comes only from your back pay. Your monthly benefit goes to you in full, minus any overpayments SSA says you owe from before you were approved.

Can I represent myself instead of hiring a firm?

Yes, you can file and represent yourself at every stage. However, most people who represent themselves are denied, especially at the hearing stage. A law firm or accredited representative significantly increases your chances of approval, and you pay nothing unless you win.