If you are unable to work because of a medical condition, applying for Social Security Disability benefits can feel overwhelming. You may be dealing with doctors, medical records, financial pressure, and uncertainty about what comes next, all while trying to navigate a complicated federal benefits system.
Some people contact a Social Security disability attorney before filing their initial application. Others wait until their claim has been denied and they need to appeal.
Either way, choosing the right person to represent you matters.
Many attorneys and representatives handle disability claims, but their experience, level of involvement, communication, and approach to cases can vary significantly. Before hiring someone, it is worth having a conversation about how they will handle your claim and what you can expect throughout the process.
Here are five important questions to ask a disability attorney before making your decision.
1. How Much of Your Practice Involves Social Security Disability Cases?
Social Security Disability is its own area of law with detailed rules about medical evidence, work history, earnings, eligibility, and the appeals process.
One of the first questions you should ask is how frequently the attorney handles Social Security Disability Insurance, commonly called SSDI, and Supplemental Security Income, commonly called SSI.
An attorney who regularly works with disability claims should understand how Social Security evaluates medical conditions and a person’s ability to work. They should also understand what evidence may be important to the claim and what issues could create problems as the case moves forward.
This is especially important if your claim has already been denied.
A Social Security disability claim can potentially move through several stages of appeal, including reconsideration, a hearing before an administrative law judge, review by the Social Security Appeals Council, and eventually federal court review.
Ask questions such as:
How long have you handled Social Security disability cases?
Do you handle both SSDI and SSI claims?
Do you regularly represent people at disability hearings?
What types of medical conditions have you handled in previous claims?
You are not looking for an attorney who can promise that your claim will be approved. No attorney can guarantee an outcome. You are trying to determine whether the person you are considering has meaningful experience navigating the Social Security disability process.
2. Who Will Actually Handle My Disability Claim?
This is an important question that people sometimes overlook.
The attorney you speak with during your initial consultation may not necessarily be the person who works on your case.
Some high-volume disability practices operate across multiple states and handle a very large number of claims. Clients may communicate primarily with call centers, case managers, or other staff members before eventually meeting the person who will represent them at a hearing.
That does not automatically mean the firm is a poor choice. It does mean you should understand what you are signing up for.
Ask:
- Will I have a specific attorney assigned to my case?
- Will that attorney review my medical records and evidence?
- Who will I contact when I have a question?
- Will I speak with my attorney before a disability hearing?
- Will the attorney appearing at my hearing be familiar with my case beforehand?
You may also want to ask where the firm is located and whether you have the option of meeting with someone locally.
Technology has made remote meetings and hearings much easier, and Social Security representation does not always require frequent in-person meetings. Still, some people prefer knowing that their law firm is located in their community and that they can speak directly with the people handling their claim.
There is no single right approach. What matters is knowing how the firm operates before hiring them.
3. How Will We Communicate and Prepare My Case?
Social Security disability cases can take time, and your medical condition may change while your claim is pending.
You may see new doctors. You may undergo additional testing. Your doctor may change your medications. You could have surgery, begin a different treatment, receive a new diagnosis, or experience worsening symptoms.
Your representative needs to know when important developments occur.
Ask the attorney how their office keeps disability claims updated.
For example:
- How often should I update your office about my medical treatment?
- What should I do if I begin seeing a new doctor?
- Who gathers my medical records?
- Should I notify you about new tests, diagnoses, medications, or procedures?
- How will you prepare me if my case reaches a hearing?
Good communication works both ways. Your attorney needs information from you, and you should know when and how to provide it.
You should also ask how the attorney prepares clients for an administrative law judge hearing.
A disability hearing may include questions about your medical conditions, symptoms, previous jobs, daily activities, treatment, medications, and the limitations that prevent you from working.
You should understand what to expect before that hearing takes place.
4. How Do Social Security Disability Attorney Fees Work?
You should understand the fee agreement before hiring any disability attorney or representative.
Social Security regulates the fees representatives may charge for work performed before the agency.
That does not mean every disability case will result in a $9,200 attorney fee.
For example, if 25 percent of the person’s past-due benefits is less than the maximum allowed fee, the lower amount would generally control under an approved fee agreement.
You should also ask whether there are expenses separate from the attorney fee. Depending on the case and the law firm’s policies, there may be costs associated with obtaining medical records or other evidence.
Questions to ask include:
Do I owe an attorney fee if my claim is unsuccessful?
How is your fee calculated if I am awarded past due benefits?
Are case expenses separate from the attorney fee?
Could the fee arrangement change if my case proceeds beyond the administrative process?
That last question is important because different fee procedures can apply when a disability case moves into federal court. Federal courts may authorize attorney fees for work performed in court after a favorable judgment that results in past-due benefits.
Your attorney should explain the agreement to you clearly before you sign it.
5. Will You Handle My Case If I Have to Appeal?
Hopefully, your disability claim can be resolved without going through every level of the appeals process. But you should know what will happen if it is not.
A denied initial application does not necessarily mean the process is over.
Social Security provides several levels of appeal. Depending on the circumstances, a claim may proceed from reconsideration to a hearing before an administrative law judge, then to the Appeals Council, and potentially to federal court.
There are also deadlines for appealing Social Security decisions. SSA generally requires an appeal request within 60 days after receiving a decision, making it important to act promptly after receiving a denial.
Ask a prospective attorney:
Will you represent me if my initial application is denied?
Do you handle reconsideration appeals?
Will you represent me at an administrative law judge hearing?
Do you handle Appeals Council cases?
What happens if my claim needs to be appealed to federal court?
Not every disability practice handles cases at every level.
Knowing that beforehand can help you understand whether you may eventually need to find another attorney if the claim becomes more complicated.
Choosing the Right Social Security Disability Attorney
There is more to choosing a disability attorney than simply finding someone who handles Social Security claims.
You are choosing someone who may be involved in your case for a significant period of time and who will need to understand your medical condition, your work history, and why your limitations prevent you from maintaining employment.
Take the opportunity to ask questions.
Find out who will handle your case. Ask how the firm communicates with clients. Understand the fee agreement. Find out what happens after a denial and whether the attorney can continue representing you through the appeals process.
Most importantly, choose a law firm that takes the time to understand your individual situation.
Call 419-843-6663 or contact us online to speak with our team about your Social Security disability claim.
Call Us. We Can Help.
Ted Bowman is a Senior Associate and practices in the Workers’ Compensation and Social Security Disability sections. Ted began his career with GT&B in 1988. His reputation and success record as a trial lawyer arguing before the Industrial Commission on behalf of injured workers, as well as in trial courts and the Supreme Court of Ohio, are well known.
