How to Find the Right Disability Lawyer
Applying for disability benefits can feel overwhelming and like navigating a maze with no map. The paperwork is confusing, the medical documentation requirements are complicated, and long wait times can be concerning.
Most disabled individuals tend to file on their own using the SSA’s official application portal: SSA’s disability benefits application. However, given the reason listed above, this is why people turn to a disability lawyer for help. But not every lawyer is the correct fit and understanding what these lawyers actually do can make the search a lot less stressful.
What Does a Disability Lawyer Do?
Before worrying about how to find the right lawyer, let’s explain what a disability attorney typically does. They help people apply for or appeal decisions on disability benefits, most commonly Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) through the Social Security Administration (SSA). Some also handle private long term disability insurance claims or workplace accommodation issues under the Americans with Disabilities Act (ADA).
Most SSDI/SSI lawyers do not charge a fee upfront. Under federal rules, they are generally paid a percentage of your past due benefits (backpay) only if you win, and that fee is capped by law.
Here is what a disability lawyer typically aids in:
Evaluating your case before you file. A good lawyer will review your medical records and work history early on to assess whether you meet the SSA’s definition of disability, and will tell you honestly if your case needs more medical evidence before it is likely to succeed.
Gathering and organizing medical evidence. Disability claims live or die on documentation. Lawyers are knowledgeable about the required records from doctors, therapists, and specialists, to ensure the paperwork clearly connects your diagnosis to your inability to work.
Filing the application or appeal correctly. A significant number of initial disability applications are denied due to incomplete paperwork or insufficient medical detail rather than because the person is not actually disabled. Lawyers know what SSA reviewers look for and how to avoid common mistakes.
Handling the appeals process. If your claim is denied, a lawyer can request reconsideration, and if needed, represent you at a hearing before an Administrative Law Judge. This includes preparing you for testimony, questioning vocational or medical experts, and making legal arguments on your behalf.
When Should You Hire a Disability Lawyer?
- Look for specialization and proper credentials
General practice attorneys can technically take disability cases, but this area of law has its own rules, deadlines, and vocabulary. It’s important to look specifically for a disability lawyer who is accredited to handle SSA claims and formally appointed using SSA’s official form.. They should also be a member of the National Organization of Social Security Claimants’ Representatives (NOSCR).
- Ask about their track record
It’s okay to ask how many disability cases they have handled, how many went to a hearing, and roughly how often those hearings resulted in an approval. You want a lawyer that has years of experience and has successfully handled thousands of disability claims in hearings before federal administrative law judges and in administrative and federal court appeals. A lawyer who mostly settles cases at the reconsideration stage may have less hearing experience than one who regularly appears before judges. Here’s some questions to consider asking during your consultation:
- How long have you been practicing disability law specifically?
- What is your experience with hearings in this region?
- Who will actually handle my case day to day, you or a paralegal?
- What additional medical evidence do you think my case needs?
- How will you keep me updated as the case moves through appeals?
- Pay attention to communication style
Take into consideration that if your case goes through multiple appeal stages, you may end up working with your lawyer for a year or more. During your first conversation, notice whether they explain things in plain language, respond to your questions directly, and give you a realistic (not just optimistic) picture of your case. You want to feel as comfortable as possible that you can easily connect with your attorney.
- Use trustworthy, unbiased directories
Rather than relying only on search ads, use directories built specifically for this purpose. Two starting points:
- NOSSCR’s representative referral service
- Your state or local bar association’s lawyer referral service, which you can find through the American Bar Association’s directory of lawyer referral programs
- Consider Legal Aid if cost is a concern
If you have limited income, nonprofit legal aid organizations will sometimes assist with disability appeals at low or no cost. You can search for a local office through LawHelp.org, a nationwide directory of free and low cost legal aid organizations.
- Understand the fee structure clearly
Ask your potential disability lawyer directly:
- What percentage of backpay will they take if you win
- Whether there are separate costs for obtaining medical records
- What happens, financially, if you lose
Fees are federally capped and contingency based so you should never be asked to pay a large sum upfront for SSDI or SSI representation.
Lowery Law Group understands how to present your case to provide you with the greatest chance of winning your claim. We help you understand what medical information is needed, collect and present the relevant medical documentation and communicate with your physicians on your behalf to collect reassuring statements. If your case goes to a hearing, we prepare you for the hearing well in advance to help you feel at ease and know what to expect. We are only paid if your claim is approved. Federal law regulates attorney fees in Social Security disability cases, so every disability lawyer has the same fee structure and we don’t charge a fee if we do not win your case.
What Sets Lowery Law Group Apart?
- We are familiar with claims workers at the local disability determination board and the administrate law judges and have prior experience working as an attorney for the Social Security Administration
- Our team is easily accessible and you will communicate directly with the attorney during the duration of your case
- We always return calls within 24 hours or less
- Our lawyers will assist you with any forms Social Security sends you
- We provide advice on where to receive free or low-cost medical care
- The only cases we handle are disability cases
- Our legal team will be here for you even after your claim has concluded
Contact Lowery Law Group at info@lowerylegal.com or call (843) 991-0733.