A disability lawyer helps people apply for Social Security Disability Insurance (SSDI) or appeal if their claim was denied. You can apply on your own, but getting approved for disability benefits application is often very hard.
To qualify, you have to show that your health condition meets the Social Security Administration’s (SSA) strict rules, which means collecting a lot of medical records and proof.
Having a lawyer doesn’t guarantee you’ll get benefits, but it can really improve your chances. In fact, a 2017 government study found that people who had a lawyer or representative during their appeal hearing were nearly three times more likely to be approved than those who didn’t.
Disability lawyers don’t get paid unless you win your case. Even then, their fee is limited by SSA rules and comes out of your back pay (the money you’re owed from the time you became disabled).
How To Apply For Disability Benefits?
Applying for Social Security Disability benefits can take time and has several steps. Here’s what the process usually looks like:
Step 1: Submit Your Initial Application
To get started, you need to apply through the Social Security Administration (SSA).
You can do this in one of three ways:
- Online: Go to www.ssa.gov
- By phone: Call 1-800-772-1213 (Monday–Friday, 8 a.m. to 7 p.m.)In person: Visit your local Social Security office (you can find it using the SSA office locator)
Once you apply for disability claim approval process, your case is sent to Disability Determination Services (DDS) in your state. DDS will:
- Review your medical records
- Ask you to fill out forms about how your condition affects your daily life
- Possibly send you to a doctor or specialist for a medical exam
- Ask your family or friends about your condition and limitations
- After reviewing everything, they’ll decide if you qualify.
- If approved, you’ll start receiving benefits.
- If denied, you’ll get a letter and can choose to appeal.
A disability lawyer can help at this stage by making sure your application is complete and accurate, and guide you if you’re denied.
Step 2: Request Reconsideration (If Denied)
If your first application is denied, you can appeal by asking for a Reconsideration. This means a different SSA team will review your case.
They will look at:
- Your original application
- Any new medical records or information you submit
- If you’re denied again, you can move on to the next step — a hearing.
Step 3: Attend a Hearing with a Judge
In case the Reconsideration is denied, you can ask for a hearing with an Administrative Law Judge (ALJ). This is your chance to explain your condition in person.
At the hearing:
- The judge will review your medical records
- You can speak about how your condition affects your life
- Experts (like doctors or job specialists) may testify
- You can also bring someone to speak on your behalf
- After the hearing, the judge will mail you a written decision.
Step 4: Appeal to the Social Security Appeals Council
If the judge denies your claim, you can take your case to the Social Security Appeals Council. The council doesn’t usually hold hearings, but they will:
- Review your case
- Decide whether to approve your claim
- Decide if you should get another hearing
- Or agree with the judge’s decision
To win at this stage, you need to show that the judge made a clear legal or procedural mistake.
This step can be complex, so having Social Security Disability help is very effective. They can:
- Find mistakes made in earlier decisions
- Collect stronger medical evidence for disability claims
- Write legal arguments for you
- Help you through the disability claim appeal process step by step
Other Disability Forms You May Need to Fill Out
The main application is just the beginning. The Social Security Administration (SSA) will likely ask you for more information about your health and your ability to work. Here are some common forms you may need to complete:
- Function Report (Form SSA-3373-BK): Explains how your condition affects your daily activities, like walking, cooking, or getting dressed.
- Work History Report (Form SSA-3369-BK): Describes the jobs you’ve had in the past and why you can’t do those jobs anymore.
- Work Activity Report (Form SSA-821-BK): Details how much you’ve earned from working and whether you had any special help or changes at your job because of your condition.
- Third-Party Function Report (Form SSA-3380-BK): Filled out by someone who knows you well (like a friend or family member) to describe how your condition affects your everyday life.
- Supplemental Pain Questionnaire: Lets you explain the kind of pain you feel, how often it happens, and how it affects your ability to live and work.
To Wrap Up
It can be complicated and overwhelming to apply for Social Security disability benefits. However, you don’t have to do it by yourself.
Nationwide Disability Representatives can help you understand if you qualify, guide you through the process, and speak up for you as your advocate.