Is it better to get an Attorney for Disability?

Is it better to get an Attorney for Disability?

By Hogan Smith

Updated 02/07/2025


When applying for Social Security Disability benefits, one of the most common questions is whether it’s better to hire a disability attorney. The application process can be complex, and many individuals wonder if they need professional help to improve their chances of success. While it’s possible to apply for disability on your own, hiring an attorney can significantly increase your chances of approval. Here’s why having an attorney might be the right choice for your disability claim.

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Benefits of Hiring a Disability Attorney

Here are some key reasons why working with an attorney can benefit your disability claim:


Expert Knowledge of the Disability Process:

  • The Social Security Disability application process is intricate, and the Social Security Administration (SSA) has specific rules, procedures, and deadlines. A disability attorney is familiar with the process and can guide you through the paperwork, ensuring everything is submitted correctly.


Experience with Complex Cases:

  • If you have a complicated medical condition or a denied claim, a disability lawyer will know how to handle these situations. They have experience gathering medical records, obtaining expert opinions, and presenting your case in the strongest possible way.


Increased Chance of Approval:

  • Studies show that individuals who hire an attorney are more likely to win their disability claim, especially when it comes to denied applications or appeals. An attorney can help you submit additional evidence and ensure your case meets SSA’s criteria.


Representation During Hearings:

  • If your claim is denied, you have the right to request a hearing before an Administrative Law Judge (ALJ). Having an attorney present at the hearing can make a significant difference. They can present your case, cross-examine witnesses, and argue on your behalf, increasing your chances of a favorable outcome.


Filing Appeals:

  • If your initial disability claim is denied, an attorney can assist with the appeals process. Whether you’re requesting reconsideration or appealing to an ALJ, a lawyer will ensure you meet all deadlines, file the correct paperwork, and have a strong case.


When You Might Not Need a Disability Attorney

Although hiring an attorney for disability can be beneficial, there are situations where you might not need one:


Simple Cases:

  • If your medical condition is straightforward and your claim is likely to be approved quickly, you may not need a lawyer. However, this is rare, as many claims face delays or denials due to missing paperwork or medical evidence.


Financial Constraints:

  • Disability attorneys typically work on a contingency fee basis, meaning they only get paid if you win your claim. The fee is usually around 25% of your back pay (up to a maximum of $6,000). If you’re concerned about the cost, you should discuss the attorney’s fees during your consultation to understand the payment structure.


You’re Comfortable Navigating the Process:

  • If you’re confident in your ability to complete the application and follow up with the SSA, you may choose to file your claim without an attorney. However, even in this case, having professional advice can still improve your chances of success.


How to Find a Good Disability Attorney

If you decide to hire an attorney for your disability claim, here’s how to find the right one:


Specialization in Disability Law:

  • Look for an attorney who specializes in Social Security Disability law. These attorneys have the expertise and experience necessary to handle disability claims.


Reputation and Reviews:

  • Research the attorney’s reputation. Look for online reviews, ask for referrals from friends or family, or check with the State Bar Association to see if the attorney has any disciplinary actions.


Consultation:

  • Many disability attorneys offer a free initial consultation, where they’ll assess your case and determine whether they can help. Use this opportunity to ask questions about their experience and how they would approach your case.

How Hogan Smith Can Help

At Hogan Smith, we specialize in helping individuals navigate the Social Security Disability process. Here’s how we can assist you:


  • Free Consultation: We offer free consultations to discuss your case and determine the best course of action.
  • Expert Guidance: Our attorneys have years of experience handling disability claims, from initial applications to appeals.
  • Contingency Fee: We work on a contingency basis, meaning you don’t pay unless we win your case.

Contact Hogan Smith Today

If you’re ready to file for Social Security Disability benefits or need help with your claim or appeal, Hogan Smith is here to assist you. Contact us for a free consultation, and let us help you secure 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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