What is the role of a Social Security Disability Attorney in an appeal?

What is the role of a Social Security Disability Attorney in an appeal?

By Hogan Smith

Updated 03/20/2025


If your Social Security Disability (SSD) claim is denied, you have the right to appeal the decision. While it’s possible to go through the appeals process on your own, having an experienced Social Security Disability attorney can significantly improve your chances of success. Here’s a breakdown of the role of a Social Security Disability attorney in the appeal process and how they can help you navigate the complexities of an appeal.

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Reviewing Your Case and Identifying Reasons for Denial

After a denial, a Social Security Disability attorney will carefully review your case to determine why the Social Security Administration (SSA) denied your claim. Common reasons for denial include:


  • Insufficient medical evidence.
  • Failure to meet the SSA’s definition of disability.
  • Mistakes in the application or required documents.


Your attorney will thoroughly review the SSA’s decision and identify any weaknesses or areas where additional evidence or information could strengthen your case.


Requesting Reconsideration

The first step in the appeal process is to request reconsideration, where the SSA will review your case again based on the information you provide. A Social Security Disability attorney will help by:


  • Submitting the request for reconsideration on time.
  • Ensuring that all required documentation and evidence are included in the request.
  • Gathering any new medical evidence that may strengthen your claim and addressing any gaps in the original application.


Having a lawyer assist in the reconsideration stage can help ensure that your case is thoroughly reviewed and can increase the likelihood of a favorable outcome.


Preparing for and Representing You at a Hearing

If your claim is denied after reconsideration, you can request a hearing before an Administrative Law Judge (ALJ). This is a critical part of the appeals process, and a Social Security Disability attorney plays a key role in preparing for and representing you at the hearing. Here’s how:


  • Preparing your case: Your attorney will gather additional medical records, expert opinions, and other supporting evidence to present to the judge.
  • Organizing your testimony: Your lawyer will help you prepare for the hearing by reviewing the questions you may be asked and guiding you on how to present your case effectively.
  • Representing you at the hearing: Your attorney will speak on your behalf, presenting arguments, questioning witnesses, and ensuring that all important details are brought to the judge’s attention.
  • Cross-examining witnesses: If the SSA presents witnesses, your lawyer will cross-examine them to highlight any weaknesses in the SSA’s case.


An attorney’s experience with the hearing process can be invaluable in presenting a strong case and ensuring that all your evidence is considered.


Navigating the Complex Legal and Procedural Aspects

The appeals process for Social Security Disability claims is complex, and there are many legal and procedural steps that must be followed. A Social Security Disability attorney is well-versed in these procedures and will ensure that:


  • All deadlines are met.
  • The correct procedures are followed, reducing the risk of errors or further delays.
  • Your claim complies with SSA regulations and guidelines.
  • The appropriate legal arguments are made to maximize your chances of success.


An attorney’s legal expertise can be critical in avoiding common mistakes that could jeopardize your appeal.


Increasing the Likelihood of a Successful Appeal

Having a Social Security Disability attorney significantly improves your chances of success. A lawyer’s knowledge of disability law, their ability to gather and present strong evidence, and their experience with the appeals process give you a better chance of winning your appeal. Additionally:


  • Attorneys often have experience working with the SSA, giving them insight into what the SSA looks for in claims.
  • Lawyers can negotiate settlements or back pay issues if applicable, ensuring that you receive the full amount of benefits you are entitled to.


An attorney can be a powerful ally, helping to navigate the complexities and increasing the likelihood that your appeal will be successful.


No Upfront Costs – Contingency Fees

One of the most common concerns when hiring an attorney is the cost. Most Social Security Disability attorneys work on a contingency fee basis, meaning you only pay if you win your appeal. The attorney’s fee is typically a percentage of your back pay, and you don’t owe anything upfront. This structure makes legal representation more accessible, as you only pay if you are successful in your appeal.

How Hogan Smith Can Help

At Hogan Smith, we understand how challenging it can be to navigate the appeals process after a Social Security Disability claim denial. Our experienced team can assist you with:


  • Reviewing your case and determining the reasons for denial.
  • Submitting your request for reconsideration and gathering additional evidence.
  • Representing you at the hearing before an Administrative Law Judge.
  • Ensuring compliance with SSA procedures and deadlines throughout the appeals process.
  • Negotiating your back pay and settlement if applicable.

Contact Hogan Smith Today

If your Social Security Disability claim was denied and you are considering an appeal, Hogan Smith is here to help. Contact us for a free consultation, and we will guide you through the entire appeal process to ensure the best possible outcome.


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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