I’m Applying for SSDI. Do I Need a Lawyer?

Do you need the assistance of an attorney to file for Social Security Disability Insurance (SSDI) benefits?

For completing the initial application, the short answer is probably “no.” Note, however, that people who get professional help with their applications are 23 percent more likely to succeed.

If your application is denied and you need to have a hearing, you would be well advised to be represented by an attorney or another qualified professional.

How to Apply for SSDI

The application process is fairly simple. You can apply for SSDI in any of the following ways:

• Using the Social Security Administration’s (SSA’s) online application 

• Calling the SSA at 1-800-772-1213. (People who are deaf or hard of hearing can use the 1-800-325-0778 phone number.)
• Making an appointment to visit your local Social Security office (Find your local office on the SSA website.)

The SSA recommends that applicants assemble a host of information prior to applying. However, if it is going to take you time to get your hands on some of the documents, it may be better to apply and then obtain the required information.

Note that the SSA initially rejects approximately 70 percent of disability applications, and many applicants give up at this point — this is a mistake.

If taken through the appeals process, claims have a fairly high chance of being approved. But having professional assistance in this process will up your chances of success and is strongly advised.

The SSDI Appeal Process

If your initial claim is rejected, the first step in the appeal process is to file a Reconsideration Appeal within 60 days.

Most requests for reconsideration are denied, but the request can be done without an attorney if you are certain of your ability to fill out forms correctly.

However, if your initial application has been rejected, you should consult with an attorney so that you have one already lined up after what will likely be a rejection of reconsideration. (Note that just 8 percent of those individuals who enter the first round of appeals are successful.)

You have 60 days following the reconsideration rejection to file a request for a hearing before an administrative law judge, where you will then plead your case. You should have an attorney or other qualified representative in your corner before filing that request.

How Much Does an Attorney Cost?

By law, Social Security Disability attorneys or non-attorney disability representatives cannot charge an upfront fee for their services; they receive 25 percent of a claimant’s back payment, and this is paid only if the case is won. Representatives may, however, charge fees for things like copying medical records.

“It is really just foolish to go unrepresented” at the hearing, says Tim Moore, a disability claimant’s representative who created the invaluable Social Security Disability Resource Center website. “Statistics show that those who have an attorney are far more likely to be approved for benefits than those who choose to represent themselves,” Moore states on his site.

In addition, Moore notes, an attorney may be able to speed up the scheduling of your case before an administrative law judge, or even eliminate the need for a hearing altogether.

Looking for Help at the Start of the Process?

Bringing in a professional even before filing your initial claim might be the right choice if:

1. you think you might not start the process without help;

2. you may have trouble meeting the SSA’s very tight and strict deadlines; or

3. you want to make sure your paperwork is completed correctly.

Whatever you do, do not delay. Failing to file a timely appeal could ruin your chances of obtaining retroactive disability benefits that you might otherwise have been entitled to receive based on the date of your initial application.

Find a qualified elder law attorney near you.