If you’re applying for Social Security disability benefits, working with a lawyer isn’t necessary, but your chance of getting disability is much higher if you have a lawyer to help. Here’s more information about what a disability lawyer does, who may or may want to work with one, and how to find a good one.
You don’t need a lawyer to apply for disability benefits or to appeal if your benefits claim is denied. But even though it’s possible to go through the process on your own, a disability lawyer can be very helpful. Your chances of winning disability with a lawyer are also three times higher than if you apply on your own.
Some situations where it might not help much to work with a lawyer are cases where you know you automatically qualify for benefits. For example, if you’re applying with a terminal illness or a condition that’s on the compassionate allowance list, it’s easier to qualify on your own.
Here are just some questions to ask yourself when deciding whether you should hire a lawyer:
A disability lawyer will walk with you through every stage of the application process. Here are five specific things a lawyer can do to help your disability claim:
A lawyer will always begin by looking at your situation and providing their advice. No matter what stage of the application process you’re in, they will:
If you haven’t applied for SSDI or SSI yet, a disability lawyer can help you fill out the application. It’s a long application, involving multiple forms and detailed questions about your health conditions and work history. A good disability lawyer will be very familiar with the application and can help you avoid common mistakes. They may even fill out the application for you.
Related: How to fill out the SSDI application
In addition to the disability application, you’ll also need medical records that show what health conditions you’ve been diagnosed with and any treatment you’ve received. The SSA will look for proof of specific symptoms or treatment, based on your disability. An experienced lawyer knows the exact requirements the SSA needs to see for your condition and they can help you gather those records from your medical team. If your health records are missing anything in particular, they can help you get the necessary documents. The lawyer will also help after you submit the application if the SSA requests any other paperwork.
Further reading: Which conditions qualify for disability benefits?
Unfortunately, the SSA denies about three-quarters of initial Social Security disability applications. If your application is denied, you can appeal your claim and (if it’s denied again) then your case will go to a hearing in front of a judge. You’re much more likely to win your claim at this stage, and a lawyer will help you file your appeal and prepare for the hearing. (Learn more about how a lawyer can help with your appeal.)
Working with a lawyer for your disability hearing is a major help. Before the hearing, they’ll explain what to expect, including who else is giving testimony (possibly a medical expert and vocational expert). Your lawyer will also help you prepare for questions the judge will ask during the hearing. Then during the hearing, the lawyer will be there to represent you and present your case to the judge.
A good lawyer won’t charge anything up front and you won’t have to pay them at all unless you win your case. At that time, a disability lawyer’s fee is 25% of your first check, which is mostly back pay — the benefits you would have received already if your initial application had been accepted.
The SSA will automatically remove the lawyer’s fee from your first check before you get it. And once your attorney is paid from your first check, that’s it — they won’t receive any additional compensation from your future checks. The maximum amount a lawyer can receive in 2023 is also limited to $7,200.
All of your lawyer fees will be explained in the agreement you sign with the lawyer, so make sure to read it carefully and ask any questions before signing.
If you’re looking for a lawyer, it’s important to find one that specializes in Social Security disability. Someone who’s experienced with handling (and winning) disability cases will be better able to help you through the process.
Atticus can help you find the right lawyer for your case — for free. We’ve handpicked disability lawyers from across the country to create a deep network of vetted attorneys. To get started, fill out our 2-minute disability benefits quiz and one of our team members will reach out to learn more about your situation and match you with a lawyer if you need one.
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