Important: We updated this article in June 2024 with the most current policy data from the Social Security Administration. It’s natural to feel nervous about working with a Social Security disability lawyer. Many questions may run through your mind ranging from how much it costs to time. Weighing your options may give you more insight into the benefits of having legal representation. Learn five key ways a disability lawyer or advocate can help you, what they do, and how much they charge below.
What Does a Social Security Disability Attorney Do?
Disability attorneys specialize in helping disabled individuals secure the monthly benefits they need to survive after they stop working. Most people that find themselves in this situation don’t know what to do, or understand what options they may have.
Confirm Whether You’re Eligible
A Social Security disability attorney can review your information to determine whether or not you’ll qualify for benefits:
- Look at your work history. You need 40 work credits to qualify for Social Security disability insurance (SSDI) benefits. This is because Social Security payroll taxes fund monthly SSDI benefits for disabled workers. Don’t have recent or enough work history to qualify for SSDI benefits? Then they’ll see if you’re eligible for Supplemental Security Income payments next. To see if you may qualify for SSI, the disability lawyer will review your household income and resources.
- Review your current employment status and monthly income. If you’re still working full time when you apply for SSDI benefits, then Social Security will automatically reject your claim. Social Security calls earning enough money to support yourself through work “substantial gainful activity,” or SGA. Only working part time or occasionally? You must still earn less than $2,590 in 2024 to qualify.
- Make sure you aren’t already receiving benefits from Social Security. Why? Because if you are, then you almost certainly cannot qualify for disability benefits.
- Confirm that your medical condition makes you unable to work for at least 12 months or should result in death. No person can receive Social Security disability benefits for a temporary health issue, like surgery or pregnancy. If you can go back to work any sooner, then the SSA will deny your disability claim.
File Your Your Initial Disability Claim Paperwork
The disability benefits application process is long and confusing for many reasons. For example: You need different forms depending on whether you have a mental health issue, a physical injury, or some combination of both. Plus, there are two separate federal programs that offer monthly payments to disabled individuals. You likely have no idea which program, SSDI or SSI, might award you benefits. A disability lawyer knows which program is more likely to grant you financial assistance.
5 Reasons Why Most People Work With a Disability Lawyer
Reason #1: To Acquire Costly Medical Records
You must provide proof that your medical condition exists and prevents you from working at least one year. Disability lawyers and advocates understand what kind of medical proof can best support your claim. They can request and then submit all appropriate tests, scans, lab results, and medical evidence with your claim to the SSA.
Pro Tip: If you cannot pay for complete recent medical records from your doctor, disability attorneys can do that for you.
Reason #2: To Check on Your Social Security Disability Insurance Claim Status
Not knowing the status of your claim can be stressful. But this is where a disability lawyer can step in and help. A lawyer has the ability to contact the SSA on your behalf in order to check the status of your claim. They can also find out if the SSA needs any additional documents and which Disability Determination Services office is processing your claim.
Reason #3: To Appeal a Denial from the Social Security Administration
After all the time and effort that went into the initial application process, receiving a denial letter from the SSA can be devastating. Attorneys know how the appeal process works and they’ll be by your side throughout the entire ordeal. There can be many levels of appeal your claim may have to go through.
If your case gets to the hearing level or above, it’s crucial to consider representation. Your disability lawyer will go over your case and prep you for any questions the judge may ask you. These questions can range from specifics about your condition to why you’re unable to work and earn income. So, you should prepare to tell the judge how your health impacts your daily life and limits your ability to work.
Reason #4: No Up-Front Disability Lawyer Fees
Most disability lawyers work on a contingency basis. This means there are no upfront costs in order to secure legal help. In almost all cases, fees will not come into play until after Social Security awards you disability benefits. The maximum amount of money attorneys can charge is 25% of your back pay, or no more than $9,200 — whichever is less. (Most people paid less than half this amount during the last few years, based on publicly available data.) The attorney can only deduct this amount from any past due benefits the SSA awards you. That means you never owe a lawyer anything out of your own pocket.
However, there are some situations where the SSA may not award you any backpay. If this happens, your lawyer would likely file a petition to obtain approval of a fee with the agency.
Reason #5: Because It Triples Your Chances to Get SSDI or SSI Approved in 6 Months or Less
A recent government report shows disability attorneys make an applicant far more likely to secure SSDI or SSI payments. The SSA only approves about 1 in 5 claims from people the first time they make it through the application process. If you apply without a disability attorney, it takes Social Security about 220 days just to review your SSI or SSDI claim.
People initially denied benefits typically wait anywhere from 444 to 919 days for claim approval on appeal. That’s about 2 years and 7 months from the date you file your disability claim to getting your first payment!
How to Get Free Expert Assistance Filing for Social Security Disability Benefits
It’s beneficial to have someone on your side who knows the ins and outs of the disability program. Those who file on their own without a disability lawyer usually wait 2-3 years for their first benefit payment. Every attorney we can match you with offers free, fast claim reviews in order to help you decide.
If you don’t receive benefits, disability attorneys charge $0. And if you’re successful, then you only pay one small fee after your award comes through.
We’ve connected 1 MILLION disabled people with disability attorneys for free claim reviews since 2012. It all starts with just one free phone call… what have you got to lose?
Want to know if you’re eligible for SSDI or SSI before you start the application process? Click the button below to start your free online benefits quiz now to find out:
Get Your Free Benefits Evaluation
Lori Polemenakos is Director of Consumer Content and SEO strategist for LeadingResponse, a legal marketing company. An award-winning journalist, writer and editor based in Dallas, Texas, she's produced articles for major brands such as Match.com, Yahoo!, MSN, AOL, Xfinity, Mail.com, and edited several published books. Since 2016, she's published hundreds of articles about Social Security disability, workers' compensation, veterans' benefits, personal injury, mass tort, auto accident claims, bankruptcy, employment law and other related legal issues.
