Generally, in both cases, the person you hire will not be paid unless you win your disability claim. Both are paid directly by the Social Security Administration (SSA) out of your back payment benefits. Both attorneys and nonattorney advocates are entitled to the same fee amount for representing a disability applicant.
A nonattorney advocate (or "representative") is a professional who supports you when you're trying to get disability benefits from the SSA. The advocate answers your questions, helps you fill out the application for benefits, and works with your doctors to get the proper records.
An advocate can help you complete your application in a way that's accurate but will help persuade the SSA that you have a disability that prevents you from working. Claimants (applicants) who complete applications on their own often make major mistakes that they can't undo later, from underestimating their physical limitations to overestimating their work responsibilities.
The biggest differences between an attorney and a nonattorney advocate are their education levels and training.
Attorney. To become an attorney, an individual must have the following qualifications:
Nonattorney advocate. The SSA has established the following requirements for nonlawyer representatives to get paid directly by Social Security for helping someone with their application:
Both lawyer and nonlawyer representatives know Social Security's rules and procedures, the medical evidence you need to win benefits for your particular condition, and how to fill out disability applications. Nonlawyer advocates and professionals who work with SSDI and SSI applicants are actually more likely to spend a lot of time helping an applicant fill out the application and get all of the information the applicant needs. Some lawyers don't have time to help at the application stage, and will actually ask the applicant to call back after they get denied.
When it can make sense to hire a lawyer instead of a nonlawyer advocate is at your appeal hearing in front of an administrative law judge (ALJ). Disability attorneys are skilled at:
You might consider working with a firm that has a large staff of professionals who can help you gather information and apply for benefits, but that also can provide an attorney who will represent you at the appeal hearing.
When deciding whether to hire a disability lawyer versus a nonlawyer representative at the hearing stage, here are a few additional considerations:
At the hearing level, statistics show that attorneys have higher approval rates. These numbers are sometimes disputed by nonattorney representatives, however, who say that the statistics for nonlawyer representatives reflect hearings where the claimant is represented by a family member or other untrained individual.
In a recent survey we sent to our readers, we compared disability applicants' outcomes using disability lawyers versus using nonlawyer representatives. The approval rates using nonlawyer representatives at hearings were about midway between approval rates for readers with lawyers and those who represented themselves. For the details, see our survey statistics on whether it makes sense to use a nonlawyer representative.
No matter what type of representative you hire, the most you'll pay is 25% of past-due benefits (the lump sum of monthly benefits going back to when you first became disabled or applied for benefits). Both lawyer advocates and nonlawyer advocates are regulated by Social Security in the fees they charge, and they charge the same fees. Even disability advocates who work for legal aid agencies almost always charge 25% of disability backpay for their services. Both types of Social Security disability advocates are required to work on "contingency," meaning they get paid only if you win your case.
In addition, both lawyer and nonlawyer advocates can charge fees for out-of-pocket costs, such as copying and postage.
Attorneys can practice all types of law in the state where they are licensed, meaning an attorney might only dabble in disability law. Most lawyers and nonlawyer experts who only help disability claimants, however, specialize in disability law. This means their knowledge is more focused than that of a general practice attorney.
If you'd like help with your application, click for a free case evaluation with a legal expert. Or, read our article on finding a legal professional to help you with your disability claim.
Updated November 29, 2021