Your Chances of Winning Disability with a Lawyer
Working with a disability lawyer significantly increases initial application approval rates and triples your chances of winning SSDI benefits during the appeals process. A lawyer will help you file correctly, provide proper documentation, and argue your case.
Applying for Social Security disability benefits can be a nerve-wracking experience. If you get denied, it can become difficult to support yourself and your family—especially when you have a long-term disability or significant hospital bills.
Unfortunately, only about 38% of initial applications are approved. For those who aren’t, the next step is the appeals process. Here, you can get a second opinion and plead your case in front of a council or judge.
However, putting together a rock-solid application, building a strong case for appeal, and arguing your case without disability law experience is incredibly difficult. That’s where an experienced disability lawyer can make all the difference.
How a Lawyer Can Improve Your Chances of Winning
The Government Accountability Office (GAO) found that claimants who had legal representation were nearly three times more likely to be awarded benefits than those who applied on their own. Disability lawyers act as advocates and guides throughout the entire process, helping to answer questions and reduce your stress while giving you the best chance at success.
Here’s how a disability law expert can help win your case.
Expertise in Disability Law
The Social Security Administration (SSA) has strict rules about what qualifies as a disability. You must prove that your condition prevents you from working and that it meets the SSA’s definition of a severe impairment. A lawyer understands these regulations inside and out and can present your disability case in a way that aligns with them.
Navigating the Application Process
The application process for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) is lengthy and complex. A small mistake—such as missing a deadline or failing to provide the right documentation—can lead to a denial at the initial level.
A Social Security disability attorney helps you:
Accurately complete all required forms
Submit your application on time
Ensure you include all necessary medical and work history documents
Avoid common errors that result in delays or rejections
By getting everything right the first time, you improve your chances of approval and reduce the time spent waiting for a decision. And if issues or requests for additional information arise, a disability law expert helps you resolve them quickly and completely.
Gathering and Presenting Medical Evidence
Medical evidence is the backbone of any successful disability claim. You can’t miss any documentation. If you do, the SSA may not have enough proof that your medical condition prevents you from working. This can lead to multi-month delays as they request additional information or outright denials on a medical basis.
Fortunately, a disability lawyer makes sure you have sufficient proof by helping you gather:
Medical records from doctors, hospitals, and specialists
Test results, imaging (such as MRIs or X-rays), and lab reports
Written statements from your healthcare providers about your limitations
Any additional documentation that strengthens your case
Your lawyer can also use their disability law experience to determine if you need further medical evaluations and guide you on what additional evidence may help support your Social Security disability claim.
Representing You at Disability Hearings
If you need to file an appeal, you may need to present your case in front of a judge or council who will make a ruling on your appeal. In addition to being intimidating for many applicants, the hearing stage also requires an understanding oflegal procedure and the law.
An experienced attorney will help by:
Preparing you to answer questions and present your disability clearly
Presenting your medical evidence
Arguing for your claim
Cross-examining experts who testify against your claim
Having a lawyer on your side helps make sure your disability case is about your eligibility, not your understanding of the legal system.
The Appeals Process
If your initial claim is denied, you’ll enter the appeal process. Here, there are multiple steps where you can argue your case—and a disability lawyer boosts your chances of success at every stage.
Reconsideration
The first step in appealing a denial is requesting reconsideration. At the reconsideration stage, a different SSA reviewer evaluates your claim. Only about 15% of reconsiderations receive approval, but they’re a great time to bring in an SSDI lawyer if you haven’t already.
Your lawyer will help you identify any weaknesses in your application and correct mistakes that could have led to a technical denial. They can also review your medical documentation for completeness and accuracy, helping you build a stronger case to submit for reconsideration.
ALJ Hearing
If your consideration is unsuccessful, the next step is requesting an appeal hearing in front of an Administrative Law Judge (ALJ). The ALJ hearing is your best chance at winning your case, as 51% of ALJ hearings resulted in approval.
According to GAO, it’s also the most important time to have a disability lawyer. Allowance rates are nearly three times higher with a legal representative. Approval rates also increase as your disability-related characteristics grow (like level of demonstrated impairment), which disability lawyers can help with by building a stronger case.
A lawyer helps increase your approval rates by:
Preparing you for questioning
Presenting new evidence
Challenging any incorrect assumptions made by SSA experts
Explaining how your condition meets SSA’s disability criteria
Appeals Council Review
If the ALJ denies your claim, you can request a review by the Appeals Council. This council looks for legal or procedural errors in the judge’s decision that led to a denial.
A lawyer can draft legal arguments and highlight mistakes that could justify a new hearing.
Federal Court Review
If all else fails, you can take your disability case to federal court. This is the most complex stage and requires strong legal arguments and an in-depth understanding of both disability and general law.
At this level, a lawyer is essential to properly representing your case and giving you the best chance of success.
Common Reasons for Denial and How a Lawyer Can Help
Many disability claims are denied for preventable reasons, like small mistakes or omissions. A lawyer can help address these issues before they lead to rejection and resolve them in real-time to avoid lengthy delays.
Insufficient Medical Evidence
One of the more common reasons for denial is lack of medical documentation. The SSA needs clear proof that your condition prevents you from working, which can require a wide variety of records and testimony from your healthcare team.
A lawyer ensures your records are thorough and meet SSA standards. If you need additional proof, they’ll also help you acquire it.
Lack of Work Credits
SSDI requires that you have enough work credits to qualify. If you don’t, you may still be eligible for SSI benefits. Your disability lawyer can help you determine your eligibility and file for the appropriate Social Security benefits.
Failure to Follow Treatment Plans
If you don’t follow your doctor’s recommended treatment, the SSA may assume your condition isn’t severe. A lawyer can argue that financial constraints, side effects, or other valid reasons prevented you from following treatment.
Incomplete Application
Even small errors, missing information, or failing to meet deadlines can lead to denial. A lawyer ensures that yourapplication is complete and accurate at every stage, boosting approval chances.
Frequently Asked Questions
How much does a disability lawyer charge?
Disability law firms generally receive about 25% of your past due benefits, known as back pay, up to a legal limit (currently $9,200 in 2025) set by the SSA if you win your case. However, attorneys can file a fee petition to increase the limit if the case goes to higher levels of appeal, like the Appeals Council or federal court.
How long does the Social Security disability process take?
The disability process can take anywhere from a few months up to two years, depending on whether you receive requests for additional information or need to enter the appeals process.
What if my claim is denied?
If the SSA denies your claim, you have the right to appeal. A lawyer can guide you through the reconsideration, hearing, and appeals process, improving your chances by building a compelling case.
Can I switch lawyers during the process?
Yes, you can change legal counsel if your current attorney doesn’t represent you effectively. However, splitting lawyer fees may increase the maximum fee limit, especially if it goes to higher hearing levels.