Is it better to get a Lawyer for Disability?

Is it better to get a Lawyer for Disability?

By Hogan Smith

Updated 02/04/2025


Applying for Social Security Disability benefits can be a long and complicated process, and many people wonder if it’s necessary to hire a lawyer to help them navigate the system. While it’s possible to file for disability benefits on your own, hiring an experienced disability lawyer can significantly improve your chances of success. Here’s a breakdown of the reasons why it might be better to get a lawyer for your disability claim:

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Lawyers Understand the Complex Disability Process

The Social Security Administration (SSA) has a detailed and often confusing application process. There are many forms to fill out, strict eligibility requirements to meet, and specific medical documentation that must be provided. A lawyer specializing in disability cases understands how the SSA evaluates claims and can help ensure your application is properly prepared.

  • Accurate Application: Lawyers know what information is necessary and will help you avoid common mistakes that could delay or derail your claim.
  • Medical Evidence: Disability lawyers can guide you on how to gather and present the medical evidence that will support your claim, ensuring that your condition is properly documented.


Lawyers Can Help You Avoid Delays and Denials

One of the most common outcomes of a disability claim is an initial denial. In fact, around 65% of first-time disability applications are denied. While you can appeal a denial on your own, an experienced lawyer can help you avoid errors that lead to delays or a denial in the first place.


  • Minimized Risk of Denial: Lawyers know how to present your case in the best light, reducing the chances that your claim will be rejected.
  • Timely Response: Lawyers can ensure that all deadlines are met and that required documents are submitted on time, which is crucial to avoid delays in processing your claim.


Lawyers Can Help with the Appeals Process

If your disability claim is denied (as is common), the next step is to appeal the decision. The appeals process can be lengthy, involving a reconsideration, a hearing before an Administrative Law Judge (ALJ), and potentially even higher-level appeals. Navigating this process without legal representation can be challenging and stressful.


  • Expert Guidance During Appeals: A lawyer can help you gather new evidence, request hearings, and represent you at your hearing. They understand the specific legal standards and procedures that must be followed during the appeals process.
  • Hearing Representation: If your case goes to a hearing before an ALJ, having a lawyer by your side can significantly increase your chances of winning. A lawyer can present your case effectively, cross-examine witnesses, and make legal arguments that may be difficult to handle on your own.


Lawyers Know the Rules and Regulations

The SSA has many rules and regulations regarding disability claims, and missing one can result in a delay or denial. A disability lawyer is knowledgeable about these regulations and can help ensure that you comply with all of them.


  • Clear Understanding of Your Rights: A lawyer will explain your rights and ensure that the SSA follows the correct procedures when processing your claim.
  • Knowledge of Changing Laws: Disability law can change over time, and a lawyer will be up-to-date on the latest regulations and legal precedents.


Lawyers Work on a Contingency Basis

Many disability lawyers work on a contingency fee basis, which means they only get paid if you win your case. This reduces the financial risk of hiring a lawyer, as you won’t owe any legal fees unless you’re awarded benefits. The standard fee is generally 25% of your back pay, up to a cap of $6,000.


  • No Upfront Costs: If you’re struggling financially, hiring a lawyer may be a good option since you won’t have to pay out-of-pocket expenses upfront.
  • Payment Only Upon Success: If your claim is successful, you won’t have to worry about paying hefty legal fees unless you win, making it easier to move forward with your claim.


Lawyers Have Experience Handling Social Security Disability Cases

Disability lawyers specialize in Social Security claims, which means they’ve likely handled many cases similar to yours. Their experience can make the process faster and more efficient.


  • Knowledge of What Works: Disability lawyers know which arguments are likely to be successful, how to handle tricky situations, and what evidence the SSA will be looking for in your case.
  • Familiarity with SSA's Decision-Making Process: Lawyers understand how the SSA reviews claims and what factors are most likely to lead to a successful outcome.


When Should You Consider Hiring a Lawyer for Disability?

You may want to consider hiring a disability lawyer in the following situations:


  • Your Claim is Denied: If your claim is denied, a lawyer can help you with the appeals process and increase your chances of winning your case.
  • You Have a Complex Case: If your medical condition is complicated, or if you have multiple conditions that affect your ability to work, a lawyer can help gather the right medical evidence.
  • You Need Help with Documentation: If you have trouble gathering the necessary medical records or filling out the forms, a lawyer can assist you with every step.
  • You Want Professional Guidance: If you feel overwhelmed by the application process or the idea of appealing a denial, a lawyer can provide expert advice and peace of mind.

How Hogan Smith Can Help You

If you’re considering hiring a lawyer for your disability claim, Hogan Smith is here to help. Our experienced team can guide you through every step of the process:


  • Initial Application: We’ll help you complete your application and make sure it’s accurate, reducing the risk of errors or delays.
  • Appeals Process: If your claim is denied, we’ll represent you through the appeals process, including hearings before an Administrative Law Judge.
  • Contingency Fee Basis: Our team works on a contingency fee basis, so you only pay us if we win your case.

Contact Hogan Smith Today

If you’re ready to apply for disability benefits or need help with an ongoing claim, contact Hogan Smith today for a free consultation. Let us help you navigate the process and give you the best chance of receiving the benefits you deserve.


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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