What are the chances of getting Disability with a Lawyer?

What are the chances of getting Disability with a Lawyer?

By Hogan Smith

Updated 03/05/2025


Applying for Social Security Disability (SSD) benefits can be a complex and challenging process. Many applicants wonder if hiring a disability lawyer can improve their chances of getting approved. While it’s possible to win a disability claim without legal representation, statistics show that applicants who work with a lawyer often have a higher chance of success. Here’s a breakdown of how hiring a disability lawyer can improve your chances and why it’s worth considering.

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Increased Chance of Approval

Research consistently shows that people who have a disability lawyer represent them are more likely to be approved for benefits than those who apply on their own. According to the Social Security Administration (SSA), about 65-70% of cases represented by a lawyer are approved, compared to only around 30-40% for those who represent themselves.


Here’s why working with a lawyer can improve your chances:

  • Knowledge of the SSA process: Disability lawyers are well-versed in the complex Social Security application process and can ensure that all forms are correctly completed, increasing your chances of approval.
  • Experience with the SSA’s criteria: A lawyer understands the SSA’s criteria and can help you present your case in a way that maximizes your chances of approval.
  • Expertise in gathering evidence: Disability lawyers know what type of medical evidence the SSA requires to support your claim and can help you gather the necessary documentation.


Assistance with Medical Evidence

One of the most crucial aspects of winning a disability claim is having solid medical evidence to support your case. If your medical records are incomplete, not up to date, or don’t provide enough detail about how your condition affects your ability to work, it can result in a denial.


A disability lawyer can help by:

  • Coordinating with your healthcare providers: They can help request necessary medical records and opinions from your doctors and specialists.
  • Ensuring the medical evidence is comprehensive: Lawyers understand what specific information the SSA is looking for in your medical records and can ensure that your doctors provide the right kind of documentation, such as statements on how your condition impacts your ability to work.
  • Getting expert testimony: If needed, a lawyer may hire medical or vocational experts to testify on your behalf and provide additional support for your claim.


Guidance Throughout the Appeals Process

It’s common for disability claims to be denied initially, especially for complex conditions. If your claim is denied, you have the right to appeal the decision. The appeals process can be long and complicated, with several stages, including:


  • Request for reconsideration
  • Hearing before an Administrative Law Judge (ALJ)
  • Appeals Council review
  • Federal court review


A disability lawyer is critical during the appeals process because:

  • They can help you prepare for hearings and present your case effectively to an ALJ.
  • They know how to file the correct legal motions and request the necessary documentation at each stage of the appeal.
  • They can help ensure you meet all deadlines and stay organized throughout the appeal process.


Representation at Hearings

Many applicants are required to attend a hearing before an Administrative Law Judge (ALJ), where they present their case in person. This can be a daunting experience, and it’s important to be fully prepared.


A disability lawyer will:

  • Prepare you for the hearing: They will help you understand the questions you may be asked and the type of evidence you need to present.
  • Cross-examine witnesses: If the SSA presents witnesses or medical experts against you, your lawyer will have the experience to cross-examine them and challenge their testimony.
  • Present your case professionally: A lawyer can help you tell your story in a way that clearly demonstrates how your disability affects your ability to work and live.


Knowledge of Legal Strategy

A disability lawyer will know how to tailor your claim to meet the SSA’s legal requirements. They are also familiar with the legal precedents and can structure your case to meet the SSA’s criteria more effectively than someone who isn’t familiar with the law.


For example, if your case involves a complex medical condition, a lawyer can help:

  • Explain the severity of your condition and how it fits within the SSA’s Listing of Impairments.
  • Argue your inability to work based on vocational factors like age, education, and work experience.
  • Navigate any legal complexities in your case, ensuring your claim has the best chance of success.


Lawyers Can Speed Up the Process

The process of applying for disability benefits can be long, often taking months or even years to get a final decision. However, hiring a disability lawyer can sometimes help speed things up by:


  • Ensuring the timely submission of paperwork: A lawyer can help ensure that all forms and documentation are submitted correctly and on time, reducing the likelihood of delays.
  • Expediting the appeals process: If your case goes to a hearing, having an experienced lawyer may result in a more efficient and successful hearing, potentially shortening the time it takes to get a decision.


No Upfront Fees

One of the main concerns people have when hiring a disability lawyer is the cost. However, most disability lawyers work on a contingency fee basis, which means they only get paid if you win your case. The fee is typically a percentage of your back pay (past-due benefits), and the SSA regulates these fees to ensure they are fair and reasonable (usually capped at 25% of your back pay or $6,000, whichever is less).



This fee structure means you don’t need to worry about paying legal fees upfront. You can get the help you need without the financial burden.

How Hogan Smith Can Help

At Hogan Smith, we specialize in helping clients secure Social Security Disability benefits. Our team of experienced lawyers can:


  • Review your case and determine if you have a strong claim.
  • Gather medical evidence and ensure your records meet the SSA’s requirements.
  • Represent you at hearings and throughout the appeals process.
  • Help speed up the process by ensuring all documentation is complete and submitted on time.

Contact Hogan Smith Today

If you're considering applying for Social Security Disability benefits or need help with a denied claim, Hogan Smith is here to help. Contact us for a free consultation to discuss your case and how our experienced team can improve your chances of getting 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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