Overview of Disability

Disability Back Pay

Disability Requirements

Disability Applications

Disability Advice Tips

How long do cases take?

How to win Disability

SSD Mistakes to avoid

Disability for Mental

What if you get denied?

How to file Appeals

Disability through SSA

SSI Disability Benefits

Disability for Children

How do I qualify for it?

Working and Disability

Disability Award Notice

Disability Lawyer Q&A

Disability Conditions List

What is a disability?

Your Medical Evidence

Filing for your Disability

Disability Eligibility

SSD SSI Definitions

Recent Questions

SSDRC Disability Blog

I was Denied at my Disability Hearing, Should I get a Lawyer?

"I was denied at a disability hearing, should I get a lawyer?"

The time to get a disability lawyer is prior to a social security disability hearing being held, not after one has been held.

What will happen if you try to get disability representation after your hearing? At the very least, you'll find it more difficult to find someone to help you with your case. And it shouldn't be too hard to figure out why. At this point in the process, a claimant will have finished the appeal step where claimants--who have previously been denied at the disability application and reconsideration levels--typically have their best chance of being approved (2/3 of claimants who appear at hearings are approved).

What incentive does an attorney or non-attorney representative have to get involved when A) the only thing left to do, appeal-wise, is to request a review of the administrative law judge decision and B) the case, for lack of better words, may already have been "blown" by a claimant's ill-considered decision to go to a hearing without the benefit of representation and proper hearing presentation.

Many disability lawyers will tell a claimant who is in this type of situation to do the following: obtain a copy of the notice of decision (from the hearing) and bring it by the office or mail it in. In fact, this, aside from reading the case file (something done by a representative prior to a hearing being held) is the only way to know A) whether the case has sufficient merit for appeal or B) whether the claimant should start over with a new disability claim.

Without a doubt, a disability claimant should always seek representation for an upcoming disability hearing and this representation should be obtained no later than the submission of a request for hearing before an administrative law judge. However, in practical terms, a claimant may wish to consider representation following the denial of an initial claim (a.k.a. disability application) for this reason: the step following the initial claim is the request for reconsideration. And on this first appeal, more than eight out of ten claimants are usually denied, making it necessary for most claimants to request a hearing where "going it alone" is never a good idea.

Return to:  Social Security Disability Resource Center, or read answers to Questions

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Information on the following topics can be found here: Social Security Disability Questions and in these subsections:

Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI

These pages provide answers to basic questions about pursuing disability benefits

What mental problems qualify for disability?
SSI disability status
How to prove you qualify for disability
Qualifying for disability eligibility requirements
How Does Social Security Decide If You Are Disabled
How much does disability pay?
Factors involved in Winning SSDI or SSI Claims
Applying for disability with Degenerative Disc Disease
How long to get a Social Security decision letter?
What Does Social Security Consider To Be a Disability?
The amount of back pay that you receive
Social Security medical disability determination process
If You Get Approved For SSDI Will You Also Get Medicare?
How long can you receive SSI or Social Security disability benefits?
How Long Does A Social Security Disability Appeal Take?
How Long Does It Take To Get Disability Benefits When You First File?
Can you work if you get SSI disability?
Social Security Disability attorney fees
Am I eligible to receive disability benefits?
What are the non medical requirements for disability
How to get SSI
Approved for disability benefits
SSD SSI disability hearing decision