Should You Get Legal Help for Your Disability Claim?

Applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) disability benefits can be a challenging and time-consuming process. The complex paperwork, strict requirements, and lengthy wait times can be overwhelming.

Unfortunately, the Social Security Administration (SSA) initially denies most disability claims, forcing many applicants to navigate the appeals process. Without a clear understanding of how the system works, trying to manage it alone can leave you frustrated and without the benefits you need.

That's where a disability attorney can make a difference. Social Security lawyers understand the ins and outs of the SSDI and SSI claims process and can guide you through each step—from filing your initial claim to handling an appeal. In this article, we'll discuss:

• when and why you might need a disability lawyer
• the types of disability cases that benefit most from legal help
• how a disability attorney improves your chances of success
• what SSI and SSDI attorneys do for their clients
• how disability lawyers' fees work, and
• how to find the right attorney for your disability claim.

Do You Need a Lawyer for a Social Security Disability Claim?

Although it's usually recommended that you work with a disability lawyer when you apply for SSDI or SSI disability benefits, you're not legally required to have one. Whether you need a lawyer for your claim depends on:

• your situation
• the strength of your case, and
• where you are in the Social Security disability claims process.

Social Security Initially Denies Most Disability Claims

You may have heard that Social Security denies everyone at first, but that's not quite accurate. The SSA reports that the agency initially denies about 63% of all SSDI and SSI disability applications received. That means to get benefits, many applicants will need to file an appeal.

But your odds get better as you move through the appeal process. Many successful disability applicants get approval after an appeal hearing before an administrative law judge (ALJ), where the judges approve about half the cases they see.

Most applicants who go before a judge hire disability lawyers before their hearings.

Social Security's Eligibility and Medical Criteria

To qualify for SSDI or SSI disability benefits, you'll need to prove you're technically eligible for the program and medically qualified as disabled. Social Security will deny your disability benefits if you can't prove both.

Technical eligibility requirements for SSDI differ from those for SSI. With SSDI, there's a work requirement. SSI, a needs-based program, has financial requirements including an income limit.

For both programs, you'll have to prove your condition meets Social Security's medical criteria for disability—an often daunting task. Social Security will expect to see specific medical evidence, including doctor's notes, mental health records, lab test results, and imaging studies (like MRIs and X-rays).

Disability lawyers know what type of medical evidence Social Security needs to show you no longer have the physical or mental capacity to work, and they understand how to present the evidence most effectively.

What Kinds of Disability Cases and Conditions Are More Likely to Need a Lawyer?

A few conditions can meet the medical requirements for disability based on a diagnosis alone, such as:

• ALS
• heart transplants, and
• certain advanced cancers.

But most disabling conditions need more than a diagnosis to qualify for disability. You need well-developed medical evidence for most conditions, including specific test results and a detailed statement from your doctor about your limitations.

Some conditions are trickier than others, especially those that doctors can't test for, where Social Security has to rely solely on your doctor's interpretation of your reported symptoms, such as:

• many mental health conditions
• chronic fatigue syndrome, and
• impairments based on chronic pain, like migraines.

Conditions like these can require the skills of a lawyer to strategically present your evidence to the claims examiner or ALJ to prove your disability.

You may also need a lawyer to prove you qualify for benefits when your disability claim is based on multiple medical conditions. This is especially true if none of your individual impairments are severe enough to qualify, but their combined effect makes it impossible for you to work.

Social Security can initially deny a claim for many reasons, including medical or work records that are missing or misleading. For example, if your doctor's notes are incomplete and don't state the full extent of your functional limitations, the claims examiner might believe you can stand or walk for much longer than you actually can. If there's bad evidence in your file, like a doctor's opinion that understates your limitations or an allegation of substance abuse, a disability attorney will know how to reduce the damage.

How Do You Decide If You Need a Disability Lawyer?

Some disability claims are relatively straightforward—for example, when an applicant is totally blind or has had both arms or legs amputated, they're generally approved for benefits. Other conditions, while equally disabling, can be harder to prove.

Social Security decides disability claims using a federally mandated five-step evaluation process. All claims go through the steps in the same order until they're either approved or denied. But each disability applicant's situation is different. Your impairment and circumstances are unique to you, and your condition might not align perfectly with Social Security's criteria.

The more complex your medical condition, the more you might need a disability attorney to ensure Social Security gets a clear picture of your limitations. Disability lawyers know what kind of evidence you'll need to show you meet the requirements of a listing and what it takes to prove your impairment(s) prevent you from working.

Other things to ask yourself when deciding if you need an SSI or SSDI lawyer include:

• Do you know what medical evidence Social Security will expect to see to prove your specific medical condition is disabling? Do you know if your evidence is compelling enough to win your claim?
• Are you able to gather all the necessary documentation yourself? Does your impairment make it difficult for you to complete complex tasks on time?
• Was your initial claim denied? Do you know why? Do you have an understanding of what you need to win your case on appeal?

A disability attorney can help with any of these issues, from checking your eligibility and helping you complete a disability application to gathering and presenting evidence at your appeal hearing.

Learn more about how to decide if you need to hire an SSI or SSDI attorney.

How Disability Lawyers Can Help You

Having a disability attorney by your side during a Social Security claim or appeal can make the process smoother and less overwhelming. Plus, having a lawyer improves your odds of getting benefits.

One of the key advantages is that your lawyer can handle the complexities of your case, like completing all necessary paperwork and meeting Social Security's strict deadlines. Having your attorney handle these details can help reduce your stress so you can focus on your health and well-being.

While an attorney can't guarantee faster processing of your claim, having a lawyer can sometimes speed up the lengthy disability process. Besides improving the chances of your disability application receiving initial approval—the fastest possible outcome—your lawyer can help you avoid the year-long wait for a hearing by, for instance, requesting an "on-the-record," or OTR decision.

An attorney can also sometimes expedite your case if it qualifies for priority handling under Social Security's rules. For instance, an attorney can identify situations like dire financial circumstances or terminal illnesses that could qualify for faster decisions. Their experience with the system ensures that these opportunities aren't missed.

What Tasks Disability Lawyers Will Do for Your Case

A disability lawyer will generally start by evaluating your case to determine your eligibility for disability benefits and estimate how much you could receive.

If you hire an attorney at the initial application stage, the attorney can help prevent mistakes on your initial application, such as overestimating your abilities or overstating your past job skills.

To improve your chances of success, your lawyer will:

• fill out your application so it clearly shows how you meet a "disability listing" or that you can't do any type of work
• gather the proper medical evidence to show that you have a severe medical impairment that meets the SSA's duration requirement, and
• get a written statement from your doctor that strengthens your case, ensuring the doctor uses the specific terminology Social Security expects.

Your attorney will also manage all communication with Social Security to prevent errors and ensure nothing gets lost. They will follow up regularly with the SSA to make sure your case progresses smoothly and that all deadlines are met.

If your case requires an appeal, your lawyer will build a strategy to prove that Social Security wrongly denied your claim. Disability attorneys who routinely handle appeals understand how hearing judges evaluate evidence and testimony and apply disability law. Your lawyer can use this expertise to tailor your case effectively, improving your chances of winning your appeal. If the agency schedules a hearing for you, your lawyer will prepare you for questions from the hearing judge and present legal evidence at the hearing to support your eligibility.

When the vocational expert at your hearing testifies about the jobs someone with your limitations can perform, your lawyer will cross-examine the expert using a deep understanding of the Dictionary of Occupational Titles (DOT) and job requirements. This expertise, combined with knowledge of your condition, is key to effectively challenging the state's experts.

If you're approved for benefits, your lawyer can also help ensure you receive all the benefits you're entitled to by identifying calculation errors and addressing any discrepancies. By ensuring the accuracy of your claim, your attorney can help you avoid mistakes that could reduce your monthly payments and how much Social Security back pay you receive.

Learn more about what disability lawyers do for their clients.

Can You Afford to Hire a Disability Attorney?

Most disability applicants think they can't afford to hire a disability lawyer. But SSI and SSDI attorneys work on contingency—meaning you only pay if Social Security approves your benefits. And you don't have to pay your lawyer out of your current funds.

After approving your disability benefits, Social Security will take your lawyer's fees out of the back payments you have coming (benefits covering the months you waited for your claim to be approved). The fee can't be more than 25% of your back pay or $9,200—whichever is less. (A past survey of our readers showed the average attorney's fee paid was $3,750.)

Because disability attorneys get paid only if you win your case, they're motivated to win and will work to ensure that your SSDI or SSI claim has the best possible chance of success. The contingency fee rules make it almost like getting a disability lawyer's help for free.

Finding the Right Attorney for Your Disability Claim

Having an experienced attorney or disability advocate can make all the difference in your disability claim, increasing your chances of approval for SSDI or SSI benefits. Some "generalist" attorneys handle various types of cases, while others focus on specific areas of law. For a disability claim, you need a lawyer with extensive experience in Social Security disability cases and a strong success record.

If you've worked with an attorney before—like for creating a will or reviewing a contract—consider asking the attorney to recommend a lawyer who specializes in disability law. You can also reach out to someone you know who receives SSDI or SSI disability benefits. Ask about that person's experience with the lawyer by posing questions such as:

• Were they happy with the legal representation they received?
• What was it like working with the attorney and the law firm?
• Did the lawyer and firm provide timely updates about the case?
• Would they hire this attorney again?

Referrals are a valuable way to find reputable disability lawyers in your area. This approach can also help identify attorneys who may not meet your needs.

Looking for a disability attorney online can also yield results. Searching online allows you to read multiple reviews and note any recurring issues former clients mention. Two sites that are part of the Nolo family, Lawyers.com and Avvo.com, provide free lawyer directories. These directories allow you to search by location and legal specialty, and they list detailed information about lawyers.

Whether you're looking for an attorney to help you file a Social Security disability claim or appeal a denied claim, having the right lawyer is important. Here are some more tips for finding the right attorney for your case.

Once you've identified lawyers who might work, schedule a consultation (generally a free meeting). Use this opportunity to ask about the attorney's experience with cases like yours and how they handle fees and out-of-pocket costs.

An experienced disability lawyer should be able to discuss the merits of your case and any potential issues.

Frequently Asked Questions About Disability Lawyers

Here are some common questions disability applicants have.

Do I qualify for disability benefits?

For Social Security to consider you disabled, you must have a severe physical or mental impairment that keeps you from working and has lasted (or is expected to last) at least a year (or end in death). To be financially eligible for disability benefits, you must meet the SSDI work requirement or fall under SSI's income and asset limits.

See if you meet the medical and financial requirements for disability.

Do Social Security disability attorneys offer free consultations?

Because disability attorneys usually work on contingency, free consultations are common—but only if a lawyer is interested in your case. A disability lawyer might decline working for you if your case is weak.

Learn what kinds of cases disability attorneys tend to reject.

How can I get a free consultation with a disability lawyer?

Call the lawyer's office or firm and explain that you're looking for a disability attorney to represent you. Then ask for a free consultation. (Or you can use the attorney finder below to connect with a disability lawyer in your area).

Learn what to expect during a free consultation.

Do I need a disability lawyer for an appeal?

A disability lawyer can improve your chances of winning an appeal by talking to your doctors, gathering medical evidence, and representing you at hearings. If you've received a denial letter or you're facing a hearing before an administrative law judge, having a lawyer can be especially helpful.

Learn more about how a disability attorney can help with your appeal.

Can you win disability benefits without a lawyer?

While you're not required to have a lawyer to apply for Social Security disability benefits—and it's possible to win without one—the claims process is long, complex, and full of technical details. It's easy to make mistakes. Working with a disability attorney improves your chances of success.

Learn more about what it takes to win an SSDI or SSI claim.

What's the most a disability lawyer can charge?

Your disability attorney works on contingency, meaning if you aren't approved for benefits, you pay nothing. If your application or appeal succeeds, Social Security will pay your lawyer the standard fee of 25% of the back pay you're due (up to $9,200).

Learn more about how attorneys' fees work in disability cases.

What if I'm not happy with the lawyer I hire?

You can switch lawyers if your lawyer isn't helping you, but first understand how firing your lawyer will affect you.

Read about the pros and cons of changing disability lawyers.

Can a disability lawyer help me fight a Social Security overpayment?

Yes, a disability lawyer can help you challenge a Social Security overpayment, including representing you during the appeal process. But lawyers typically charge hourly fees or flat rates for overpayment cases. You should discuss payment terms with lawyers before hiring one.

Learn more about getting a lawyer's help when Social Security says you need to repay benefits.