By Hogan Smith
Updated 03/27/2025
Hiring the right disability lawyer can significantly improve your chances of winning your Social Security Disability (SSD) or Supplemental Security Income (SSI) claim. However, choosing the best lawyer for your case requires careful consideration. It's essential to ask the right questions to ensure you find someone who is experienced, trustworthy, and committed to helping you succeed. Below are the key questions you should ask when hiring a disability lawyer.
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What is your experience with disability cases?
Disability law is complex, and not all attorneys specialize in this area. It’s important to hire a lawyer who has experience specifically with Social Security Disability cases. Ask how long they have been practicing in this field and what percentage of their practice is dedicated to disability claims. You want someone who has a deep understanding of the intricacies of SSD and SSI cases.
Have you handled cases similar to mine?
Every disability case is unique, and the lawyer you hire should have experience with cases similar to yours. Ask about their track record with your specific type of disability, whether it’s physical or mental, and if they have helped clients with conditions similar to yours. A lawyer with experience in your particular situation is more likely to understand the challenges of your case and how to overcome them.
What is your success rate with Social Security Disability claims?
A good lawyer will be transparent about their success rate. While no lawyer can guarantee a win, they should be able to provide you with their track record of successful claims. This will give you an idea of how effective they are in securing benefits for clients.
Will you be handling my case personally or will it be passed off to a junior attorney or paralegal?
Many law firms have a team of professionals, including junior attorneys and paralegals. While these team members may assist in your case, it’s important to know who will be handling the major aspects of your claim. Ensure that the lawyer you meet with is the one who will be working directly on your case.
What are your fees and how are they structured?
Most disability lawyers work on a contingency fee basis, meaning they only get paid if you win your case. However, you should still ask about their fee structure upfront. Typically, the fee is around 25% of your back pay, with a cap set by the Social Security Administration (SSA). Be sure to understand any additional costs, such as filing fees or expert witness fees, that may be charged during the process.
How long do you expect my case to take?
The Social Security Disability process can take a long time, sometimes up to several months or even years, depending on your situation and whether you need to go through the appeals process. Ask the lawyer for an estimate of how long they expect your case to take. While it can be hard to predict, an experienced lawyer should have a rough idea based on their knowledge of the SSA's process.
What can I expect during the process?
Ask the lawyer to explain the entire process from start to finish. Understanding what to expect at each step will help reduce stress and confusion. This includes gathering medical evidence, filing your initial application, handling potential denials, and preparing for hearings.
Will you help me prepare for my disability hearing, if needed?
If your claim is denied and you must attend a hearing before an Administrative Law Judge (ALJ), having the right legal representation is essential. Make sure to ask if the lawyer will personally help you prepare for the hearing, or if they will delegate this task to someone else.
How do you communicate with clients?
Good communication is key to a successful lawyer-client relationship. Ask how the lawyer prefers to communicate (phone, email, in-person meetings) and how frequently they will update you on the progress of your case. Will they respond to your questions in a timely manner? Make sure their communication style works for you.
What should I do to prepare for my case?
Ask the lawyer what specific steps you should take to strengthen your case. This could include gathering medical records, obtaining letters from your treating physicians, or submitting additional evidence. A good lawyer will give you clear guidance on what is needed to present the strongest possible case.
How Hogan Smith Can Help
At Hogan Smith, we specialize in helping individuals navigate the complex Social Security Disability process. Here’s how we can assist you:
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