Is it easier to get Disability with a Lawyer?

Is it easier to get Disability with a Lawyer?

By Hogan Smith

Updated 02/18/2025


Applying for Social Security Disability can be a daunting process, and many applicants wonder whether hiring a disability lawyer increases their chances of success. While it is possible to get disability benefits without legal representation, having a lawyer can significantly improve your chances. Here’s an overview of why it might be easier to get disability with a lawyer and how they can assist you throughout the process.

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Understanding the Disability Application Process

The Social Security Disability application process is complex and involves several steps, including determining eligibility, gathering medical evidence, and navigating the appeals process if your claim is denied. While it is possible to apply on your own, a disability lawyer can guide you through each step, ensuring you meet all the requirements and avoid common mistakes.


How a Lawyer Helps:

  • Knowledge of SSA rules: Disability lawyers are familiar with the Social Security Administration (SSA)’s rules and procedures. They can help you understand what’s required at every stage of the application.
  • Avoiding errors: Missing or incorrect information on your application can lead to delays or denials. A lawyer will ensure that your application is accurate and complete.


Gathering Medical Evidence

One of the most important factors in getting approved for Social Security Disability is providing comprehensive medical evidence that supports your claim. Having an attorney can make it easier to gather the necessary documents and present them in a way that aligns with the SSA’s requirements.


How a Lawyer Helps:

  • Coordinating with doctors: A lawyer can help you get the necessary medical records, and in some cases, can assist in obtaining letters from your doctors that clearly explain how your condition affects your ability to work.
  • Organizing evidence: Lawyers know how to organize medical records in a way that strengthens your case, ensuring that the SSA sees the full picture of your disability.


Navigating the Appeals Process

Many disability claims are initially denied, even if you meet the eligibility requirements. This can be discouraging, but if you are denied, you have the right to appeal. The appeals process can be difficult to navigate, but having a disability lawyer can make this much easier.


How a Lawyer Helps:

  • Requesting reconsideration: If your claim is denied, a lawyer can help you request a reconsideration and gather additional evidence to support your case.
  • Representation at hearings: If your reconsideration is denied, a lawyer can represent you at a hearing before an Administrative Law Judge (ALJ), where you can present your case in person. An attorney will know how to present evidence and make persuasive arguments that increase your chances of success.


Understanding the Legal Landscape

The SSA evaluates disability claims using a detailed set of criteria. These criteria can be difficult to understand for someone who is not familiar with Social Security Disability law. A lawyer specializing in disability claims has the knowledge and experience to interpret these criteria and apply them to your specific situation.


How a Lawyer Helps:

  • Assessing your case: A lawyer can evaluate your claim to determine if you meet the SSA’s criteria for disability. They will explain whether your condition qualifies under the Listing of Impairments or if additional evidence is needed.
  • Increasing your chances of approval: Lawyers understand the SSA’s five-step disability evaluation process and can help you ensure that your case meets the necessary criteria.


Reducing Stress and Saving Time

The disability application process can be long and stressful. It’s easy to get overwhelmed by the paperwork, medical records, and deadlines. By hiring a lawyer, you can relieve some of that stress, knowing that a professional is handling your case.


How a Lawyer Helps:

  • Time savings: A lawyer can expedite the process by knowing what needs to be done and ensuring all deadlines are met.
  • Focus on recovery: With a lawyer handling your case, you can focus on your health and recovery while they manage the legal aspects of your claim.


No Upfront Costs or Fees

One of the biggest concerns for many applicants is the cost of hiring a lawyer. Fortunately, most disability lawyers work on a contingency fee basis, which means you only pay if you win your case. If your claim is successful, the lawyer’s fee is typically a percentage of your back pay (the benefits you are owed from the time of your application to the time you are approved).


How a Lawyer Helps:

  • No upfront fees: You don’t need to worry about paying a lawyer out of pocket. This arrangement makes it easier for people with limited financial resources to afford legal representation.
  • Risk-free: If you lose your case, you don’t owe your lawyer anything. This means you can pursue your claim without the added financial risk.


Increased Chances of Success

While it is possible to win Social Security Disability without a lawyer, statistics show that claimants with a lawyer are more likely to have their claims approved. Lawyers are skilled at presenting cases in the most favorable light, ensuring that the SSA sees you as a legitimate applicant.


How a Lawyer Helps:

  • Higher approval rates: Studies have shown that applicants with a lawyer have a higher approval rate at the hearing stage compared to those without legal representation.
  • Stronger case presentation: A lawyer knows how to highlight the strengths of your case and address any weaknesses, which can help sway the SSA’s decision in your favor.

How Hogan Smith Can Help

At Hogan Smith, we specialize in helping clients navigate the Social Security Disability process. Our experienced team can:


  • Assist with your application: We’ll help you gather the necessary documents, fill out the forms correctly, and submit everything on time.
  • Represent you during appeals: If your claim is denied, we’ll help you file an appeal and represent you at a hearing before an Administrative Law Judge.
  • Maximize your chances of success: We’ll work hard to ensure your claim is as strong as possible and that all your evidence is presented effectively.

Contact Hogan Smith Today

If you’re considering applying for Social Security Disability or have already been denied, Hogan Smith is here to help. Contact us for a free consultation, and let us assist you in navigating the complex disability process.


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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