Do I Need A Representative for My Social Security Disability Claim?
Weighing the pros and cons of hiring an attorney (or a non-attorney representative) to assist you with your disability case is no small matter. You may be wondering what a representative can bring to the table and how much it really makes a difference to have an attorney in your Social Security disability claim. The choice to hire representation or not is yours alone, but here are some things to think about while making that decision.
Who Can Represent Me?
Technically, anyone can represent your interests to Social Security. If you want to have a family member or a friend speak on your behalf, you are allowed to appoint such a person to do so. However, the only people who can charge to represent you are attorneys or Social Security-certified non-attorney representatives.
What Can a Representative Do for Me?
At the initial and reconsideration levels, representatives help you keep track of paperwork and deadlines, provide an interface between you and the Social Security Administration, and most importantly, help build your case from the ground up to give you the greatest chance of success.
At the hearing level, your representative will help you gather and organize medical and other records. They will familiarize themselves with Social Security’s complete file on your case, formulate legal arguments, and come with you to your hearing to argue your case before the Administrative Law Judge.
Having a representative drastically increases your chances of success at hearing. According to nationwide data from Social Security,[1] claimants with representatives were successful in obtaining benefits 53% of the time at the hearing level in 2018, while unrepresented claimants were successful only 15% of the time.
How do Social Security Disability Representatives Get Paid?
The Social Security Administration must approve any fee that an attorney or non-attorney representative charges. The only agreements that Social Security automatically approves are contingency fee agreements that are for 25% of past-due benefits, but not to exceed the fee cap set by Social Security.[2] There are some circumstances where attorneys are required to file fee petitions with Social Security. In these scenarios, it is possible for the attorney to charge more than the fee cap amount, but still can never charge more than 25% of past-due benefits a client receives.
Past-due benefits accrue while you are waiting for your claim to be approved. Because attorneys get paid out of past-due benefits, you will not be required to pay a fee to an attorney, unless your case is a approved and post-due benefits have accrued in your favor. In other words, you only pay attorney fees if you win your case.
But It’s So Obvious that I’m Disabled. Do I Still Need a Representative?
Maybe you do; maybe you don’t. Your choice to hire a representative is your own. If you feel confident in filing your own application, navigating the paperwork Social Security requires, and understanding all of their letters and requests, you might choose to try and file your claim on your own. However, representatives are versed in the process and know how to navigate Social Security’s requirements that are not always evident and do not always align with common sense. Although a representative does guarantee your success, it does increase the likelihood of your success in a Social Security Disability claim, and having an experienced representative can give you peace of mind, help you stay on top of your case, and help you make the right arguments from beginning of your case.
Some claims are approved right away. Other claims are not. In fact, it is more common to not be approved without at least a couple of appeals. If do file on your own and you are not approved on your initial application, you should consider a free consultation with an experienced representative, because it often takes multiple appeals and a hearing to obtain benefits. Representatives do not make the process faster, but an experienced attorney does help make your case stronger.
Social Security law is extremely complicated and full of pitfalls for the unwary. An experienced representative can guide you through the process and build your case from the ground up to maximize your chances of success.
[1] https://www.ssa.gov/foia/resources/proactivedisclosure/2020/FY2010%20-%20FY2018%20Hearing%20Statistics%20with%20&%20without%20Representation.xlsx
[2] As of the date of this posting, 2/12/2025, the fee cap is $9,200. SSA raises it from time to time.
