How do Disability Lawyers work?

How do Disability Lawyers work?

By Hogan Smith

Updated 03/05/2025


If you’re applying for Social Security Disability (SSD) or Supplemental Security Income (SSI) benefits, you may consider hiring a disability lawyer to help navigate the complex application and appeals process. Disability lawyers are specialists who assist individuals in securing the benefits they deserve when they’re unable to work due to a medical condition. Here’s how disability lawyers work and how they can help you with your claim.

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Free Initial Consultation

Most disability lawyers offer a free initial consultation, where you can discuss your case without any obligation. During this consultation, the lawyer will evaluate whether you have a strong case for disability benefits. They will typically ask questions about your medical condition, work history, and other factors that may impact your eligibility. This is an opportunity for you to ask questions and understand the lawyer’s experience and approach.


  • What the Lawyer Will Do: They’ll listen to your situation and determine if you meet the basic eligibility requirements for SSD or SSI.
  • What You Should Do: Be prepared to share medical records, details of your disability, and employment history.


Review Your Medical Records and Case

After the consultation, if you choose to hire the lawyer, they will begin by reviewing your medical records and any other relevant documents. They’ll want to ensure your medical condition meets the Social Security Administration’s (SSA) definition of disability. Disability lawyers know what medical evidence is needed to support your claim and can guide you in gathering all necessary records.


  • Medical Evidence: A disability lawyer will help you obtain detailed medical records and opinions from your healthcare providers that demonstrate how your disability affects your ability to work.
  • Work History: They will review your work history to make sure you meet the work credit requirements for SSDI, or the financial eligibility requirements for SSI.


Help You Complete the Application

Completing the Social Security Disability application can be challenging. A disability lawyer will help ensure that your application is filled out correctly, completely, and thoroughly. They will make sure that all questions are answered, and all required documents are included, reducing the risk of delays or denials due to incomplete information.


  • Application Assistance: The lawyer will guide you through the application process and ensure that all forms are filled out accurately.
  • Ensuring Complete Documentation: They’ll help you gather the necessary medical documents, records, and other evidence needed to back up your claim.


Represent You in the Appeals Process

Unfortunately, many Social Security Disability claims are initially denied, even if you have a legitimate disability. If your claim is denied, a disability lawyer will represent you during the appeals process. The lawyer will help you prepare your case for reconsideration, hearings before an Administrative Law Judge (ALJ), and other steps in the appeals process.


  • Reconsideration: If your claim is denied, the lawyer will help you file for reconsideration and submit additional evidence to support your case.
  • Hearing Representation: If your case goes to a hearing before an Administrative Law Judge (ALJ), your lawyer will represent you, present evidence, and cross-examine witnesses if necessary.


Ensure Compliance with Deadlines and Procedures

The Social Security Administration (SSA) has strict deadlines and procedures that must be followed in order for your claim to be considered. A disability lawyer ensures that all deadlines are met and all necessary paperwork is filed on time. This can significantly reduce the risk of your claim being dismissed or delayed.


  • Filing Timely Appeals: Disability lawyers are skilled at understanding the timing requirements for filing appeals, requests for hearings, and other necessary documents.
  • Avoiding Mistakes: They’ll help you avoid common mistakes that could jeopardize your case, such as missing deadlines or submitting incomplete documents.


No Upfront Costs: Contingency Fee Structure

One of the most appealing aspects of hiring a disability lawyer is that most work on a contingency fee basis. This means they only get paid if you win your case. Typically, the lawyer’s fee is a percentage of your back pay (the benefits you are owed from the time you applied until you are approved). The SSA sets a cap on how much a lawyer can charge, so there’s no risk of being charged excessive fees.


  • Fee Structure: If you win your case, the lawyer typically takes a percentage of your back pay, usually around 25%, with a maximum fee amount set by the SSA.
  • No Upfront Costs: You don’t have to pay the lawyer upfront, and if you lose your case, there’s no fee required.


Provide Ongoing Support and Communication

A disability lawyer is there to support you throughout the entire process, answering any questions you may have and ensuring you understand each step. They will provide updates on the status of your case and keep you informed of any actions you need to take. Lawyers are experienced in dealing with the Social Security Administration, and they know how to handle any issues or complications that may arise.


  • Regular Communication: They will keep you updated on the progress of your claim and explain any next steps.
  • Ongoing Support: If you need assistance gathering additional medical documentation or have questions about your claim, your lawyer will be available to help.

How Hogan Smith Can Help

At Hogan Smith, we specialize in helping individuals navigate the Social Security Disability process. Our team of experienced lawyers works hard to ensure that you receive the benefits you are entitled to. We assist with:


  • Filing initial applications and ensuring all necessary medical evidence is provided.
  • Representing you during the appeals process, including hearings before an Administrative Law Judge.
  • Filing timely appeals and ensuring compliance with SSA deadlines.
  • Offering no upfront fees with a contingency fee structure that makes legal representation accessible.

Contact Hogan Smith Today

If you’re considering applying for Social Security Disability benefits and want professional assistance, Hogan Smith is here to help. Contact us today for a free consultation, and let us guide you through the process to ensure you receive the benefits you deserve. Our team is committed to providing you with the best possible representation at every stage of your claim.


Further Reading

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Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

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