Should I get a Disability Lawyer?

Should I get a Disability Lawyer?

By Hogan Smith

Updated 02/06/2025


If you're considering applying for Social Security Disability benefits, you might be wondering whether you should hire a disability lawyer. While it is possible to apply for disability benefits on your own, working with a lawyer can offer significant advantages and may increase your chances of success. In this guide, we’ll discuss the pros and cons of hiring a disability lawyer and help you decide if it’s the right choice for you.

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Understanding the Disability Claims Process

The disability claims process can be complex, time-consuming, and often overwhelming. It involves multiple steps, including:


  • Initial application: Completing paperwork and submitting medical documentation.
  • Determining eligibility: Proving that you meet the requirements set by the Social Security Administration (SSA).
  • Appeals process: If your claim is denied, navigating the reconsideration and hearing stages.


Each step requires careful attention to detail, and small errors or missed deadlines can lead to delays or denials.


Benefits of Hiring a Disability Lawyer

There are several advantages to hiring a disability lawyer:


  • Expertise and Experience: Disability lawyers specialize in Social Security Disability claims and have a deep understanding of the SSA’s requirements. They can help you understand the rules and criteria, and ensure that your application meets all the necessary legal standards.
  • Higher Approval Rates: Statistics show that individuals who work with a disability lawyer are more likely to be approved for benefits. Lawyers are skilled at presenting your case in the most compelling way possible, increasing your chances of success.
  • Help with Gathering Evidence: Disability lawyers can assist in gathering and organizing the medical records and other documentation needed to support your case. They know what type of evidence is necessary and how to obtain it.
  • Representation at Hearings: If your case is denied and you need to go to a hearing before an Administrative Law Judge (ALJ), having a lawyer by your side can be invaluable. They will present your case, cross-examine witnesses, and advocate for your rights during the hearing.
  • Navigating the Appeals Process: If your application is denied, you have the right to appeal. A lawyer can guide you through the reconsideration, hearing, and appeals council stages, which can be complicated without legal expertise.


When Might You Not Need a Disability Lawyer?

While hiring a disability lawyer has clear benefits, there are situations where you might not need one:


  • Simple Cases: If you have a straightforward case and all your medical records clearly support your disability claim, you might feel comfortable handling the process on your own.
  • Financial Constraints: Disability lawyers typically work on a contingency fee basis, meaning they only get paid if you win your case. However, even though you don’t pay upfront, the contingency fee (usually around 25% of your back pay) could be a financial burden, especially if your claim is simple and you feel confident navigating the process independently.


How Much Does a Disability Lawyer Cost?

The majority of disability lawyers work on a contingency fee basis, meaning they only get paid if you win your case. Here’s how it works:


  • Contingency Fee: Typically, a disability lawyer will charge a 25% fee of your back pay (the amount of benefits you are owed from the time you first applied).
  • Cap on Fees: The SSA limits the amount a lawyer can charge to $6,000, whichever is less, even if 25% of your back pay exceeds that amount.
  • No Upfront Fees: You won’t be required to pay any fees upfront. If you don’t win your case, the lawyer doesn’t get paid.


How to Find a Good Disability Lawyer

If you decide that hiring a disability lawyer is the right decision for you, it’s important to choose the right one. Here are some tips for finding a qualified lawyer:


  • Specialization: Make sure the lawyer specializes in Social Security Disability law and has experience handling cases like yours.
  • Reputation: Look for a lawyer with a strong reputation and positive reviews from past clients. You can check online reviews or ask for referrals from friends or family.
  • Free Consultation: Many disability lawyers offer free consultations to evaluate your case. Take advantage of this to ask questions and gauge if the lawyer is a good fit for your needs.
  • Experience: Look for a lawyer who has experience handling appeals and hearings, especially if you have already been denied benefits.


Should I Get a Disability Lawyer for My Case?

Deciding whether to hire a disability lawyer ultimately depends on your case. Consider the following:


  • The Complexity of Your Case: If your case is complex, or you’ve already been denied benefits, hiring a lawyer may increase your chances of success.
  • Your Confidence in Handling the Process: If you’re familiar with the SSA system and confident in your ability to manage the paperwork and hearings, you may decide to proceed without a lawyer.
  • Your Resources: If you have limited financial resources, but your case seems straightforward, you may want to try applying on your own or consider a lawyer offering a free consultation to see if it’s worth the potential cost.

How Hogan Smith Can Help

If you decide that hiring a disability lawyer is the right choice, Hogan Smith is here to help. Our experienced team can guide you through every step of the process, from the initial application to the appeals process if needed. We offer:


  • Free Consultations: We’ll assess your case and provide expert advice on how to proceed.
  • Representation in Hearings: If your case goes to a hearing, we’ll be with you every step of the way to ensure you present the strongest possible case.
  • Contingency Fee Structure: You don’t pay unless you win your case, making our services accessible to those in need.

Contact Hogan Smith Today

If you’re ready to apply for disability benefits or want professional help navigating your disability case, contact us today for a free consultation. We’ll help you determine whether hiring a disability lawyer is the right choice for you.


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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