By Gordon & Pont Gordon & Pont
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May 27, 2025
KEY TAKEAWAYS • If it’s complicated applying for Social Security benefits, or if a disability claim has been rejected, you can enlist an attorney for help. • Be sure to identify lawyers with special knowledge and expertise in Social Security claims and know their way around the system. • Make sure the lawyer you choose has a solid reputation, track record, and ethical grounding. • Many of these lawyers will take a retroactive fee based on Social Security benefits received from a successful case—limited to 25% of your past-due benefits up to a maximum of $9,200. Pre-Qualify Yourself Before even looking for a lawyer, know the basics of Social Security. Most cases that may need the help of a lawyer involve disability claims. Social Security disability is for people who have a medical condition that fits Social Security’s definition of a disability. And to qualify, you must have worked in jobs covered by Social Security. In other words, if you never paid into Social Security, you’re not going to get anything out. If you have not worked enough or recently enough to “insured” for social security disability benefits, you may still qualify for SSI if you meet both the medical and non-medical (meaning financial) requirements. If you do qualify, you can get monthly benefits checks only if you are unable to work for at least one year because of a disability. What a Lawyer Can and Can’t Do A lawyer can speed up your application or appeal because can help you avoid mistakes and can submit needed documents faster. However, the SSA is woefully understaffed which means everything is taking longer than it should. While a lawyer can’t guarantee that you’ll win, your chances of success improve greatly. Because we are paid only once we win, experienced lawyers are skilled in identifying strong cases. How to Find the Right Lawyer You can find Social Security disability lawyers in a variety of ways. The internet has plenty of lawyer referral sites. Legal aid clinics and referral services operated by state bar associations are also sources for the names of people to interview. Be careful. Just because you find an attorney by searching one of these sources doesn’t guarantee they’ll be good, ethical lawyers. A better way to put together a list of lawyers to interview is probably through word of mouth, in person, or through social media, from people who have had good experiences with a Social Security disability lawyer and by reading reviews from former clients. Red Flags Make sure you speak to and hire a real lawyer and not an “advocate” or the like. Be cautious of “case managers” and insist on speaking with your lawyer. Although disability lawyers are busy, you want to hire one who has a staff of people who will answer any questions you have accurately and promptly. How Much Will It Cost? Cases will cost you nothing upfront. Lawyers take their fees from any retroactive benefits you’re awarded from Social Security. The fee is limited to 25% of your past-due benefits, up to a maximum of $9,200. The attorney will have you sign a document that allows Social Security to pay the law firm directly. If you get nothing, you owe the lawyer nothing. Because the lawyer will likely have to request medical, school, work, and psychological records that come with a cost, they might pass on that fee to you. This should be a couple of hundred dollars at most. Setting up a patient portal with our doctor or hospital is an excellent way to avoid that cost. Since it costs you nothing unless and until you win, consider talking to somebody if you file a claim and get turned down initially. The Bottom Line You should get an attorney’s help if you’re having trouble applying for Social Security benefits or if a disability claim has been rejected. Identify lawyers with special knowledge and expertise in Social Security claims and who know their way around the system. Make sure your lawyer has a solid reputation, track record, and ethical grounding.
