When should I hire a disability lawyer?

By Hogan Smith

Updated 04/25/2025


Hiring a disability lawyer can significantly improve your chances of being approved for Social Security Disability benefits, especially at certain key stages of the process. While you can apply on your own, legal representation can make a major difference—particularly if your case is denied, complex, or involves a hearing.



Knowing when to hire a disability attorney can help you avoid costly delays and give your claim the strongest possible foundation.

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Before You Apply

Many people choose to hire a disability lawyer before submitting their initial application. This ensures that the application is filled out accurately, with complete medical evidence and detailed responses that address what the Social Security Administration (SSA) looks for.


Benefits of hiring early include:

  • Avoiding common mistakes that lead to denials.
  • Making sure all required documentation is submitted.
  • Building a strong, well-organized case from the start.


If you’re overwhelmed by the paperwork or unsure how to explain your medical condition effectively, hiring a lawyer at this stage can help you feel more confident and prepared.


After a Denial

One of the most common times people seek a disability lawyer is after their initial application is denied. This is a critical point in the process, as you’ll need to appeal the decision within a strict time frame.


A lawyer can help by:

  • Reviewing the SSA’s reason for denial.
  • Identifying missing or weak areas in your original application.
  • Preparing a stronger case for reconsideration or a hearing.


If your reconsideration is also denied, the next step is a disability hearing in front of an Administrative Law Judge (ALJ). At this stage, having an experienced attorney is highly recommended.


Before a Disability Hearing

If your case reaches the hearing stage, you should absolutely consider hiring a lawyer. Hearings involve presenting evidence, questioning witnesses, and making legal arguments. A disability attorney will know how to:


  • Prepare you for the questions the judge may ask.
  • Collect and submit additional medical records.
  • Bring in vocational or medical experts if needed.
  • Craft a clear, compelling case that matches SSA criteria.


People who attend disability hearings without a lawyer are statistically less likely to win their claim than those who have legal representation.


If Your Case is Complex

Even early in the process, some disability cases are more complicated than others. You should hire a disability lawyer if:


  • You have multiple or rare medical conditions.
  • Your work history doesn’t clearly match SSA requirements.
  • You’ve already been denied in the past.
  • You’re applying for benefits for a child or dependent.
  • You’re unsure which program (SSDI or SSI) you qualify for.


A knowledgeable attorney can help you navigate these complexities and avoid critical errors.


Cost of Hiring a Disability Lawyer

Disability lawyers typically work on a contingency fee basis, which means:


  • You pay nothing upfront.
  • The lawyer is only paid if you win your case.
  • The SSA caps attorney fees at 25% of your back pay, with a maximum limit (currently $7,200).


This makes legal help accessible for people who may be unable to work or afford high legal costs.

How Hogan Smith Can Help

At Hogan Smith, we’re committed to helping you secure the disability benefits you deserve. Whether you’re just starting the application or facing a denial, we can:


  • Evaluate your case and help determine the right time to get legal help.
  • Prepare your initial application for the best chance of approval.
  • Handle your appeal and represent you in a disability hearing.
  • Communicate with doctors to gather strong medical evidence.

Contact Hogan Smith Today

If you’re wondering when to hire a disability lawyer, the answer may be right now. Reach out to Hogan Smith for a free consultation. We’ll assess your case, answer your questions, and help you decide the best path forward. Let us guide you through the process and fight for 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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