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When to Talk to a Social Security Disability Lawyer

Written by
Jackie Jakab, Disability Attorney
Jackie Jakab
Lead Attorney
Published January 24, 2025
2 min read
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Atticus offers free, high-quality disability advice for Americans who can't work. Our team of Stanford and Harvard-trained lawyers has a combined 15+ years of legal experience and has helped over 50,000 Americans apply for disability benefits.

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If you’re applying for Social Security disability benefits, you’re not required to have a lawyer. However, bringing in a lawyer at the right time can significantly improve your chances of success. More than 80% of people have legal representation at the hearing stage, and clients with a lawyer are three times more likely to win benefits at a hearing.

Applying for disability can be tough. Knowing when to involve a lawyer—and how they can assist at each stage—can make all the difference in achieving a successful outcome. Read on to learn why engaging a lawyer early on can help strengthen your application and chances of winning benefits.


When should I talk to a Social Security disability lawyer?

As soon as you start considering applying for disability, you should contact a disability lawyer to help guide the process. Before you even put pen to paper on the initial application, a good disability lawyer can help you figure out how likely you are to win, collect medical evidence, and help answer the application questions in a way that matches what the Social Security Administration (SSA) is looking for.

If the SSA denies your initial application, a lawyer can prepare you for a hearing and represent you before an administrative law judge. At this stage, having a lawyer increases your chances of winning benefits by three times.

If you already have a lawyer, check out our article on how often you should expect to hear from them at each stage of the application process.

Sarah, a lawyer at Atticus, shares this analogy about needing a disability lawyer for a hearing: "You wouldn't drive a car without a seatbelt, so don't go to a hearing without a representative by your side."

How a disability lawyer can help at every stage of your application

No matter where you are in the disability application process, a good lawyer can make the process move forward efficiently. Take a look at what a lawyer can do for you during each stage of the process:

Initial application

When you first apply for disability benefits, a lawyer can advise you on completing the application. They can also help you gather accompanying medical records. 

Reconsideration

If the SSA denies your application, you can ask the SSA to reconsider this decision. At this point, a lawyer can help you collect and submit any new medical evidence. They’ll handle the paperwork for you, so nothing gets left out. 

Hearing

This is the stage where it’s especially crucial to have legal help on your side. If the SSA denies your reconsideration request, your case moves to a hearing before a judge. A lawyer will help you prepare for the judge’s questions, represent you in court, cross-examine a vocational expert, and file post-hearing filings.

Appeals Council

The Social Security Appeals Council reviews the judge’s decision on the denial. At this stage, your lawyer can review the case file and advocate for a reversal of the decision.

Federal Court Review

A Federal Court Review is the last opportunity to secure benefits if the Appeals Council denies your claim, but the odds of success at this stage are very low. A lawyer will review your case and medical records to see any potential mistakes in the SSA’s decision-making.

“If you apply without a lawyer, you’re going to miss forms, you’re going to miss phone calls, you’re not going to understand the SSA’s processes, and it’s just going to take you longer to get benefits,” explains Jeni Popp, a lawyer at Atticus.


How much do disability lawyers cost?

Disability lawyers work on contingency, meaning you pay them only if you win benefits. The first step is a free consultation. When you start working with a lawyer, you’ll sign a contingency fee agreement before moving forward with your disability application.

If you win your claim, you will owe your lawyer the contingency fee outlined in your agreement. The fee is legally set at 25% of your first disability check, including back pay, with a maximum of $9,200.

Check out this article to learn more about how much disability lawyers cost.


Get help with your disability claim

Applying for disability is challenging. Working with a Social Security disability lawyer can take some of the burden off your shoulders. If you are considering applying, you should talk to a disability lawyer as soon as possible.

“It is nearly impossible to get a hold of people at the SSA,” states Jeni Popp. “It requires a lot of tenacity, a lot of follow-up calls, and often just finding the right person… and we’re attorneys, so we can fix these things.”

Atticus is a disability law firm. Take our 2-minute quiz to see if you qualify for benefits, and speak with a client advocate to learn about your options. If you’d like, a member of our team can introduce you to a qualified disability lawyer who can help you apply for benefits.

Related resources:

What Do Social Security Disability Lawyers Do (That I Can’t)?

A hand drawn image of the lead disability lawyer.
By Jackie Jakab

Can a Lawyer Help My Social Security Disability Appeal?

A hand drawn image of the lead disability lawyer.
By Jackie Jakab

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Jackie Jakab, Disability Attorney

Jackie Jakab

Lead Attorney

Jackie Jakab is Atticus’s Legal Director. She’s a licensed attorney, a graduate of the University of Chicago Law School, and has counseled thousands of people seeking disability benefits.
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