What should I ask a disability attorney before hiring?

By Hogan Smith

Updated 04/25/2025


Choosing the right disability attorney can make a big difference in the outcome of your case. Before you commit, it’s important to ask the right questions so you can feel confident that the attorney understands your situation and has the experience to help you succeed.



Here’s a helpful guide on what you should ask a disability attorney before hiring them—and why these questions matter.

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How Much Experience Do You Have With Disability Claims?

Disability law is a complex and specialized field. You want to work with someone who focuses on Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) cases. Ask how long they’ve been handling disability claims and how many cases they’ve worked on..


Follow-up tip: Ask specifically about experience with cases similar to yours, such as mental health conditions, chronic pain, or rare disorders.


What’s Your Success Rate With Disability Cases?

While no attorney can guarantee a win, a strong track record of success is a good indicator of experience and competence. Ask about their success rate at both the initial application and hearing stages.


Look for: Transparency and honest answers—avoid anyone who overpromises or guarantees results.


How Do You Handle Communication?

It’s important to know how often you’ll hear from your attorney and whether you’ll be communicating with them directly or through a case manager. Ask questions like:


  • Will I be updated regularly?
  • How quickly do you respond to emails or calls?
  • Will I be able to speak with the attorney, or just office staff?


Clear, responsive communication makes a big difference during a process that can feel confusing and slow.


What Is Your Fee Structure?

Most disability attorneys work on a contingency fee basis, meaning they only get paid if you win your case. Confirm:


  • How much the fee is (usually 25% of back pay, up to a limit).
  • Whether there are any additional costs, like charges for obtaining medical records or filing documents.
  • When you’re expected to pay—usually after you win.


This helps you avoid any surprises down the road.


What Will You Need From Me?

A good attorney will explain what they need from you to build the strongest case possible. This may include:


  • Medical records and treatment history.
  • A detailed work history.
  • Contact information for your doctors or specialists.
  • Updates about your condition and limitations.


Knowing what’s expected from you ensures smoother collaboration.


Do You Handle Appeals and Hearings?

Not all disability claims are approved right away. If your application is denied, you want an attorney who will stick with you and guide you through the appeals process and hearing, if needed.


Ask whether they:

  • Handle appeals from start to finish.
  • Have experience representing clients at disability hearings before an Administrative Law Judge (ALJ).
  • Can help you prepare testimony and supporting evidence.


Can You Help With My Specific Condition or Case Type?

Different medical conditions and life circumstances affect disability claims in unique ways. If your case involves mental illness, chronic pain, or a non-physical condition, make sure the attorney is comfortable handling those types of claims.


You can also ask whether they’ve worked with:

  • Veterans or workers with long, complex employment histories.
  • Children applying for SSI.
  • Individuals with partial work capacity or fluctuating symptoms.

How Hogan Smith Can Help

At Hogan Smith, we understand that choosing the right disability attorney is a major decision. That’s why we’re transparent, communicative, and experienced. When you meet with us, we’ll take the time to answer your questions and explain:


  • Our experience with cases like yours.
  • How we manage communication, documentation, and deadlines.
  • What our process looks like from start to finish.
  • How we work to give you the strongest possible chance of approval.

Contact Hogan Smith Today

If you're considering hiring a disability attorney and want clear answers to the most important questions, contact Hogan Smith today for a free consultation. We’ll walk you through what to expect, how we work, and how we can help you win the benefits you deserve. Let’s get your case started the right way—with the right team by your side.


Further Reading

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Updated February 10, 2025

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Updated February 10, 2025

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Updated February 10, 2025

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