How to Find a Good Disability Lawyer

While you aren't required to hire an attorney to receive Social Security disability benefits (SSDI or SSI), statistics show that disability claimants who are represented by a lawyer are much more likely to get approved—especially at the hearing level. If you choose to get a disability lawyer, here are some things to keep in mind when selecting an attorney who's a good fit for you.

What to Look for in a Disability Lawyer

Good disability attorneys can be found in large firms or as solo practitioners. Many lawyers handle SSDI and SSI claims as part of a broader practice and may also represent clients seeking workers' compensation or veterans benefits, while others focus exclusively on Social Security disability law. Most disability attorneys are members of NOSSCR, the National Organization of Social Security Claimants' Representatives, which provides continuing education and training in disability law throughout the year.

Regardless of the size and scope of the law firm, your attorney should have several valuable attributes that let you know they'll be a zealous advocate for your case.

Your Disability Lawyer Should Be Professional and Courteous

When you call an attorney's office, pay attention to the level of professionalism and treatment you're given by the attorney and staff. Disability lawyers are generally fairly busy, but they shouldn't be taking on a heavy caseload if they can't treat all clients (or potential clients) with respect. If you feel like you're getting the run-around or you don't have the chance to ask questions, it's probably best to look elsewhere.

Your Disability Attorney Should Be Accessible

Don't be put off if you can't speak with the lawyer the first time you call or if you're asked to talk to a staff member or paralegal about certain questions. Experienced disability attorneys spend a lot of their time in hearings and rely heavily on their administrative staff to field calls. But most law firms will allow you to schedule a free consultation with an attorney (more on this below). Keep in mind that, due to time constraints on the attorney, the firm is likely to limit the length of these consultations.

Your Disability Attorney Shouldn't Guarantee an Outcome

It's unethical and unfair for an attorney to promise that you'll get approved for SSDI or SSI benefits. Good disability lawyers will give you an honest assessment of your case only after reviewing the facts. They won't overstate your chances of success or promise to get your claim for benefits approved quickly.

Here are some sample questions you should ask—and answers you should expect—from a good disability lawyer:

• "Will my claim be approved?" I can't guarantee that you'll win. However, I can pinpoint the strengths and weaknesses in your case and look for ways to improve your chances of approval.
• "Can you get me approved faster?" I probably can't get you through the Social Security disability process any faster. However, my staff and I can make sure that deadlines are met and that your medical records are requested and submitted on time.

Your Disability Lawyer Should Be Able to Share Approval Rates

You should feel free to discuss the firm's approval rate with a potential attorney or a staff member. Some questions to ask:

• "What is your overall approval rate?"
• "What portion of your approvals are at the hearing level?"
• "What percentage of your wins are for full benefits?"
• "What percentage of your wins are for partial benefits?"

A good firm should be willing and able to share its statistics. You can also ask your potential lawyer if they're willing to provide references or testimonials from past clients.

Your Disability Lawyer Should Have Efficient Office and Case Management

Disability firms are busy places. Depending on how large the firm is, your attorney may be more hands-on with your claim, or they may have departments dedicated to collecting medical records and communicating with Social Security.

Regardless of the firm's size, your attorney should provide you with a contact person whom you can rely on to answer your questions. The firm should also keep in touch with you on a regular basis. Here are some questions you should ask to get an idea of how your case will be handled:

• "What kind of support staff do you have?"
• "Will I have my own case manager?"
• "How many clients does an average case manager handle?"
• "How often can I expect a call from my case manager to keep me updated on the progress of my case?"
• "Is there a paralegal in the firm?"
• "Will you request my records for me?"
• "Will you advance the cost of my medical records?" (Most firms will, but you'll usually have to pay them back at the close of your case, whether you win or lose.)

It's important to have reasonable expectations about how frequently you'll be able to speak directly with your lawyer. Most work on your disability claim goes on behind the scenes, and there's a lot of waiting involved. It's normal for lawyers to find it unnecessary to provide constant updates when there's been no movement on your decision. But attorneys have to abide by certain rules of professional conduct, including maintaining communications with their clients, so your lawyer should strive to return your calls promptly. (Attorneys also need to abide by the Rules of Conduct and Standards of Responsibility for Representatives found at 20 C.F.R. § 404.1740 and 416.1540.)

Your Disability Attorney Should Have Proper Credentials

Many people are surprised to learn that Social Security allows you to appoint anybody as a representative for your disability claim, including a friend, family member, or other non-attorney advocate. (Advocates must be registered with the SSA to be able to collect a fee for their work through the agency.) Advocates are more likely than lawyers to help you at the application stage, but if you hire an advocacy firm, but sure they'll provide an attorney to represent you at your hearing if you need to appeal.

There are a few reasons why hiring a lawyer is a better idea in many cases. Licensed attorneys are likely going to have a better understanding of how to convince Social Security that you qualify for benefits, because they receive special training in reading and interpreting statutes and court decisions. And you're required to have a lawyer if you need to appeal your SSDI claim to federal district court.

You can gauge your potential attorney's expertise by asking the following questions:

• "How many years have you practiced disability law?"
• "What state are you licensed (admitted to the bar) in?"
• "How many cases do you handle a year?"
• "Do you regularly attend continuing legal education (CLE)?"
• "How long have you practiced in this geographical area?

This last question may seem strange, but it might be the most important one. This is because disability lawyers who've practiced a long time in the area where you live will know the administrative law judges who may hear your case. Local attorneys will be able to tell you how the judge runs their hearing room, what types of questions they tend to ask, and what kinds of arguments they're more likely to agree with. Having these insider details can greatly increase your chances of winning disability benefits.

Your Disability Lawyer Should Be Familiar With Your Medical Condition

Every Social Security disability lawyer worth their salt should be familiar with the most frequently seen conditions on SSDI and SSI applications, such as back disorders, carpal tunnel syndrome, and mental illnesses. While you don't need to find an attorney who specializes in your specific impairment in order to win your case, it might help to ask a potential representative if they've ever handled a claim based on your medical condition before.

Don't automatically rule out an attorney who hasn't yet dealt with your particular diagnosis, however. The disability determination process is the same regardless of what your health impairments are, and the important thing is that your lawyer conducts due diligence to become informed about your disease, disorder, or injury.

What Happens at a Free Consultation?

Free consultations often take place on the phone, but some lawyers will invite you to the office for an in-person meeting. They usually last 30 to 45 minutes.

During a free consultation, a lawyer will explain how the disability process works, how long it's likely to take, and how the lawyer collects a fee. The lawyer will also ask you questions about your medical conditions and your past work to determine whether you have a strong case. Then you'll have time to ask the lawyer questions of your own. You can ask the lawyer anything you want to know about the disability process, but you should be sure to get answers to most of the questions below.

• What is your fee? Disability representatives generally require little or no money up front, and instead charge 25% of their clients' disability back benefits, with a cap of $9,200. (Nonattorney advocates and attorneys generally charge the same fees.) The fee may change if your case is denied at the hearing level and proceeds to the Appeals Council. Be sure that your representative explains the fee structure both at the Appeals Council and in federal court.
• What case-related expenses will I need to pay for, and will I be charged for them win or lose? Virtually all disability attorneys require you to reimburse them for expenses related to your case, including the cost of medical records requests, medical source statements, postage, and sometimes travel expenses. Make sure you're clear on what expenses are included, the average amount clients usually pay, and whether you'll be charged even if you lose your case.
• Do you arrange consultative examinations with doctors? Sometimes attorneys or firms will arrange a consultative examination (CE) for a client and pay the up-front cost. But they aren't appropriate for every case. Because CEs typically cost hundreds of dollars, an attorney who arranges a CE for every client would go broke very quickly. In some cases, the SSA will set up and pay for a CE.
• Will you consider drafting an on-the-record (OTR) request? In cases where there is overwhelming evidence of disability, an attorney might draft an OTR request to ask the judge to approve you without a hearing. While this can be time-consuming and isn't appropriate in all cases, your attorney should be willing to consider submitting an OTR request if you have a strong case.
• Will we meet before the hearing? Your representative should be willing to meet with you in person or by Zoom, Google Meet, or Microsoft Teams before your hearing rather than simply discussing your case on the phone. You should ask to meet face-to-face with your representative at least once before your hearing.
• Do you handle cases in federal court? While this question may not be a deal-breaker (many disability attorneys don't practice in federal court), your representative should at least be able to refer you to someone who practices in federal court should the need arise.

Rest assured that an experienced disability lawyer won't be offended or annoyed to answer any questions you have. On the contrary, most attorneys will be pleased that you care enough about your case to make sure you're hiring the right person.

What Can You Expect After Hiring a Disability Lawyer?

After you choose a lawyer or disability advocacy firm to hire, someone from the firm will contact you and ask you a lot of questions about your work history and your medical history. If you need any additional medical tests, their staff can help you obtain them. Your representative will then work with you to get the necessary medical records from your doctors, hospitals, and clincs and submit them on time to the SSA.

If you hire an attorney or firm who can help you at the application stage, you won't have to visit a Social Security Office during the process of applying. The staff will help you fill out the application and will know exactly what language to use.

If your claim is denied, your lawyer will file the appeal paperwork for you and will appear with you in front of an administrative law judge.

Where Can I Find the Best Disability Lawyers Near Me?

Finding the best disability attorneys near you can seem like an intimidating task. If you're in or near a major metropolitan area, for example, you might find dozens of lawyers to choose from. Armed with the information below, you can narrow down your search for potential disability lawyers to a more manageable amount.

• Browse the free lawyer directories on Lawyers.com or Avvo.com, two sites that are part of the Nolo family.
• Read our article on how to find a lawyer who might represent you for free.

You may have to try a few law firms before you're given a consultation. The staff person who answers a firm's phone may ask you some screening questions to see if you have a good chance of winning disability benefits.

One final note—children's disability cases are handled differently from adult cases. Not all disability lawyers will accept children's cases, and those that do may not have much experience with them. If you're filing on behalf of a child, make sure that your attorney has previously worked on child disability claims.