Many people wonder whether they need a lawyer for their disability claim. Here's what you need to know to make the right decision.
In this article, we'll cover:
- When a lawyer helps
- How disability attorneys are paid
- What an attorney does
- Finding the right representative
1. When a Lawyer Helps
Strongest at hearing level:
- ALJ hearings most complex
- Attorney knows process
- Can question experts
- Significantly helps
Other times to consider:
- Complex medical conditions
- Multiple denied claims
- Difficult-to-prove conditions
- Concurrent benefits
When you might not need one:
- Simple, straightforward case
- Compassionate Allowance condition
- Clearly qualifying condition
- May be approved quickly
Statistics:
- Claimants with attorneys win more often
- Especially at hearing level
- Attorneys understand what ALJs look for
- Know how to present evidence
2. How Disability Attorneys Are Paid
Contingency basis:
- Paid only if you win
- No upfront fees
- Percentage of back pay
- No risk to you
Fee limits:
- 25% of back pay
- Maximum of $7,200 (may be higher with fee agreement)
- SSA must approve fee
- Deducted from your back pay
Example:
- Back pay: $20,000
- 25% = $5,000
- Under cap, so fee is $5,000
- You receive $15,000
Other costs:
- May charge for obtaining records
- Filing fees
- Copying costs
- Usually minimal
Important: Because attorneys only get paid if you win, they only take cases they believe can succeed.
3. What an Attorney Does
Gathers evidence:
- Obtains medical records
- Requests doctor statements
- Gets supporting evidence
- Builds your file
Prepares your case:
- Reviews all evidence
- Identifies strengths/weaknesses
- Knows what SSA looks for
- Develops strategy
At the hearing:
- Presents your case
- Questions you appropriately
- Cross-examines experts
- Makes arguments
After the hearing:
- Files appeals if needed
- Handles paperwork
- Follows up with SSA
- Sees case through
4. Finding the Right Representative
Types of representatives:
- Attorneys (licensed lawyers)
- Non-attorney representatives (accredited)
- Both can help
- Verify credentials
Where to find:
- National Organization of Social Security Claimants' Representatives (NOSSCR)
- State bar associations
- Legal aid organizations
- Referrals from others
Questions to ask:
- Experience with disability cases?
- Success rate?
- Who will handle my case?
- How do you communicate?
Red flags:
- Guarantees approval
- Charges upfront fees
- Poor communication
- Pressure tactics
Non-Attorney Representatives
What they are:
- Not licensed attorneys
- Registered with SSA
- Can represent you
- Often experienced
Pros:
- May have disability expertise
- Same contingency fee structure
- Can be very effective
- May be more accessible
Cons:
- Can't provide legal advice
- May not handle court appeals
- Varying experience
- Research carefully
Going Without Representation
When it might work:
- Very strong, clear case
- Compassionate Allowance
- Good at self-advocacy
- Simple situation
Challenges:
- Complex procedures
- Understanding rules
- Questioning experts
- Knowing what to argue
Hybrid approach:
- Start without attorney
- Get one if denied
- Many attorneys take cases at appeal
- More common approach
How Purple Helps
Purple supports you during your claim:
- Manage finances while waiting
- Track medical expenses
- Be ready when approved
- Early access to benefits
- Simple banking