Should I Hire a Disability Lawyer or a Nonattorney Advocate?

Social Security doesn't require you to have a representative at any stage of the disability determination process, but it's a good idea to have one, especially if you need to appeal a denial or attend a disability hearing. Your representative doesn't have to be a legal professional—you can pick a friend or family member to represent you, for example. But most people who decide to hire a representative do choose an attorney or disability advocate with experience in Social Security law.

When looking for somebody to represent you in your disability claim, you may be unsure about the difference between a lawyer, attorney, representative, or advocate. These terms are often used interchangeably without any issue. However, not all disability advocates are practicing lawyers. It's important to know when it's appropriate to hire a nonattorney advocate and when you should consider having a lawyer representing you.

Nonattorney advocates and disability lawyers both support you when you're trying to get disability benefits, so the differences between the two can easily become muddled. The below graphic can help you visualize what the SSA means by the terms the agency uses to describe people who help other people get disability benefits:

What Is a Social Security Disability Advocate?

The term "Social Security disability advocate" or "Social Security disability representative" can refer to any person, whether or not they're an attorney, who will help you win your claim for disability benefits (SSDI or SSI). All Social Security advocates should be able to answer your questions, work with your doctors to get your updated medical records, and submit your paperwork on time—in general, they "advocate" for you.

The Social Security Administration refers to all people who help disability applicants (claimants) or who speak on their behalf as "claimants' representatives," or simply "reps." This includes both attorney and nonattorney advocates. If you decide to hire a representative, you can choose between a disability attorney advocate or a nonattorney advocate. The type of representative you opt for might not make a huge difference when you first start your application, but if you progress through several levels of appeal, you may want to consider an attorney.

What Do Social Security Advocates Do?

Both attorney and nonattorney advocates are familiar with Social Security's rules and procedures, know what evidence you'll need to provide in order to establish that your medical impairments are disabling, and can tell you how to complete the application paperwork properly. Many claimants who fill out applications on their own make mistakes that are tough to undo later, from underestimating their physical limitations to overestimating their job responsibilities. Having an SSDI advocate working with you to best present your case at every step of the way can increase your chances of winning, especially if you have an attorney as your representative.

What's the Difference Between an SSDI or SSI Nonattorney Advocate and a Disability Attorney?

The biggest difference between nonattorney advocates and disability lawyers is the level of education and training required. As the name suggests, nonattorney advocates aren't attorneys. But the Social Security Administration (SSA) allows them to get paid in the same way that attorneys do—directly out of any past due benefits you're awarded—if they meet certain criteria. Here's a side-by-side comparison of the differences between disability lawyers and nonattorney advocates:

Is It Better to Hire a Nonattorney Advocate or a Disability Lawyer?

Whether or not you should hire a nonattorney advocate or a disability lawyer as your representative depends on your needs. If you're in the preparation stage of filing your SSDI or SSI claim, or you have a straightforward case with all your medical evidence already gathered, a nonattorney advocate may make sense. Nonattorney advocates are more likely to spend time helping you fill out the initial application. Some disability lawyers don't have time to help at the application stage, and will actually ask claimants to call back after they get denied.

It makes the most sense to hire an attorney if you've already been denied twice and want to appear at a hearing in front of an administrative law judge. Disability advocates who are attorneys have learned through education and experience how to spot legal issues, develop persuasive arguments, apply past rulings to your current case, write briefs, and cross-examine witnesses—skills which are extremely valuable at a Social Security hearing.

Another benefit of hiring an attorney representative is that they can appeal your claim to federal district court, while nonattorney advocates aren't allowed to (appearing in district court requires admission to the bar). If you're on the fence about getting a nonattorney advocate or a disability lawyer, you might consider working with a firm that has a large staff of professionals who can help you with your initial application for SSDI or SSI benefits and also provide an attorney who can represent you at any appeal hearings.

Are Nonattorney Advocates Cheaper Than Disability Attorneys?

Social Security regulates the amount of fees that representatives can charge disability claimants, and that amount is the same for both attorney and nonattorney advocates. Advocates are allowed to take 25% of your past due benefits for legal fees, up to $9,200 (adjusted yearly for cost-of-living increases along with SSDI payments). This is the most common fee arrangement for disability lawyers and nonattorney advocates alike, even those who work for legal aid agencies.

Furthermore, both disability lawyers and nonattorney advocates are required to work on contingency, meaning they get paid only if you win your case. However, in most instances they can charge you for small out-of-pocket costs, such as copying medical records or postage fees.

Do I Need a Lawyer or an SSDI Advocate?

You don't need to, but it doesn't hurt to get a representative to handle your disability claim. Your odds of winning SSDI or SSI benefits are higher if you're represented by a lawyer or nonattorney advocate. The most recent available (2017) statistics from the U.S. Government Accountability Office found that people who have representation are almost three times more likely to get disability benefits than those who go it alone.

Only about 35% of initial disability applications are approved, so it's likely that you'll have to appeal more than once to get to the hearing level, where you have your best shot at winning your case. At that stage, you'll likely want an advocate—preferably a disability lawyer—to help prepare you to testify in front of an administrative law judge. (You'll almost certainly need an attorney if you receive an unfavorable decision from a judge and wish to appeal further.)

Finding Expert Help for Your SSDI or SSI Claim

There are several ways you can begin your search for a disability lawyer or nonattorney representative. Most people begin online, by typing "SSDI advocates" or "disability lawyers near me" into their preferred search engine. 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 area of law, and they list detailed information about lawyers. You can visit www.lawyers.com/find-a-lawyer or www.avvo.com/find-a-lawyer to find out more.

If you'd like a free consultation, you can sign up for a case evaluation with our partner, Premier Disability Services. Premier provides disability experts who can help you fill out your application, gather medical information, and meet Social Security's deadlines. If your case goes to a hearing, they'll also provide a lawyer in your area. Read more about their services.

You could also ask anybody you know who's recently won disability benefits if they're happy with their representation. If you get a lawyer's name through a recommendation, make sure to check with the state bar association to make sure they're in good standing and not subject to any discipline. Most lawyers and advocates are happy to answer reasonable questions from potential new clients, so don't hesitate to ask around until you find one who fits your needs.