Social Security Disability Resource Center

Overview | How to Qualify | Applications
Requirements | How long it takes | Back Pay
Mental Disability | What is a disability? | Tips
SSI Benefits | How to Win | Disability Awards
Hearings | Appeals | List of Disabling Conditions

Why do I need an attorney for Social Security disability?

Some would say that you can take care of your own Social security disability or SSI claim through all levels of the appeal process, and, of course, technically speaking, they would be correct. SSA (the social security administration) does not require a claimant to have representation at any level, even at a disability hearing or at federal district court.

Some individuals chose to appeal their own initial claim (this is the application for disability). Is this a problem? For all intents and purposes, it is not as long as you file your reconsideration request within the sixty day appeal period. Certainly, you should get started on the appeal as soon as your claim is denied.

Many individuals procrastinate and, despite the fact that SSA allows a sixty day appeal period, actually miss their deadline for submitting an appeal. When that happens, if the claimant cannot demonstrate "good cause" for a late appeal filing (in general terms, a rationale reason for a late submission which might include a medical or family emergency, or simply not having received the notice of denial in the mail and, thus, not having even been made aware of the need for an appeal), they will be forced start over with a new claim.

However, the real reason for possbily going without representation on the first appeal, i.e. the request for reconsideration, is two-fold:

1. There is often little for a disability attorney or disability representative to do on a reconsideration appeal (reconsiderations are the first appeal). The reconsideration phase is really just a rehashing of the initial disability application. Meaning that the process is identical, only handled by a different disability claim examiner, and the process is usually much shorter since most of the medical evidence that is required for the claim has already been gathered.

Having said this, though, there are a number of good disability attorneys and non-attorney claimant's representatives who strongly endeavor to win claims that are being processed at the reconsideration appeal level. And, for this reason, early representation can make a valuable difference, especially considering the fact that more than 80 percent of all reconsideration appeals are denied by disability examiners.

2. The reconsideration denial rate is absurdly high. So high, in fact, that many individuals simply assume that the reconsideration will be denied and, thus, expend very little effort on trying to win the reconsideration. It is true that reconsiderations are generally denied at a rate of between 85-87 percent.

However, this still allows some chance of being awarded benefits. It is also more likely for well-prepared cases to be won at this level. And this is where able representation can make the difference. There are a number of representatives, attorney or otherwise, who make every attempt to win cases at this level because they are full aware of the hardships that will be endured by claimants who are forced to file a request for a disability hearing and then wait many months for that hearing to be scheduled.

As was said several times, the chances of being approved on the first appeal, the reconsideration, are faily slim. The chances of being approved, however, on a disability hearing can be quite good. And this, by itself, should give every claimant full reason to follow the appeals process, so that eventually their case will be heard by an ALJ, or administrative law judge.

Why are claims more likely to be won by a claimant who has representation at a disability hearing? Social Security representatives have knowledge of the rules and regulations that govern Social Security disability and SSI.

In addition to having an expertise with the disability system, your representative does not have the emotional investment that you have in your disability claim; consequently your representative or attorney will be able to give an organized presentation of the facts of your disability claim -- your medical background, your condition and how it limits you, your work history, and the reasons why your condition limits your ability to work.

  • What medical conditions will get you approved for disability?

  • What kind of Mental Problems Qualify for Disability?

  • Which conditions will social security recognize as a disability?

  • Tips for getting Social Security Disability or SSI benefits approved

  • SSDRC Homepage:

    Social Security Disability and SSI Resource Center

    The Most Basic questions about Getting Disability Benefits

    Social Security Disability SSI and whether or not you can work

    Common Mistakes to avoid after being denied for Disability

    Social Security Disability SSI Questions and Answers

    More Social Security Disability SSI Questions and Answers

    Common Questions about Social Security Disability and SSI

    Winning Social Security Disability or SSI Benefits

    The SSI Disability Benefits Program

    Medical exams for disability claims

    Applying for Disability in various states

    Social Security Disability SSI and Doctors - Yours and Theirs

    Social Security Disability and SSI Claim Reviews

    Social Security Disability SSI System and Benefits for Children

    Denials, Appeals, and Getting a Disability Lawyer or Representative

    What you should know about Social Security Disability and SSI Denials

    Questions about Disability Lawyers and Hiring a Disability Attorney

    Frequently asked questions about getting Denied for Disability Benefits

    FAQ on Disability Claim Representation

    Disability hearings before Judges

    Selecting and hiring Disability Lawyers

    Various Types of Benefits including SSI, Mental, and Child benefits

    Social Security and SSI based on Mental Disability

    Social Security Disability or SSI Benefits for Children

    Disability Benefits through Social Security

    Filing for Social Security Disability or SSI Benefits

    Social Security Disability SSI: Medical Evidence and Records

    Filing your claim for disability benefits

    Eligibility for receiving disability benefits

    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

    Resources on this site

    Social Security Disability, SSI Terms and Definitions

    Previously answered questions regarding SSD and SSI

    For Individuals living in North Carolina

    Applying for Disability in North Carolina

    North Carolina Disability Lawyer

    Related pages:

    What does a Social Security Disability Attorney or Representative do for your claim?
    Getting a Social Security Disability Attorney or Representative for your case
    How will an attorney help me win disability benefits?
    Disability Lawyers, Medical Records, and Social Security Hearings
    What Expenses Will A Social Security Attorney Charge In Addition To The Fee?
    Can a disability attorney speed up my disability hearing case?
    Applying for disability with bipolar, anxiety, and antisocial personality disorder
    Should you get a Disability Lawyer before you File for Disability, or get an answer on your claim?
    Using a lawyer for a Social Security Disability, SSDI, case
    Social Security Disability and Workman's compensation
    Trying to get disability with meniere's, degenerative disc, ankylosing spondylitis, depression, and anxiety
    Applying for Disability in Michigan
    Filing a Disability appeal in Michigan
    Will I qualify for disability Benefits in Michigan?

    These pages answer some of the most basic questions for individuals who are considering filing a claim.

    Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
    How to Apply for Disability - What medical conditions can you apply and qualify for?
    Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
    What happens if I file a disability application and it is denied by a disability examiner or Judge?
    How to Prove you are disabled and qualify to win disability benefits
    How do you prove your disability case if you have a mental condition or impairment?
    Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
    Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria