Securing Social Security disability benefits can be a daunting process. With millions of people applying each year, the system is often bogged down by bureaucracy, leading many to feel lost in the shuffle. When it comes to understanding your rights and ensuring that you receive the benefits you deserve, a lawyer’s expertise and insights can make all the difference. In this article, we will explore key factors that can help you find the best legal support in your area, ensuring your journey toward securing your benefits is smoother and more effective.
Understanding Social Security Disability Benefits
Before we delve into how to find a Social Security disability lawyer to help you with your claim, let’s take a look at what Social Security disability benefits are.
The Social Security Administration (SSA) provides monthly disability benefits to disabled individuals who are unable to work. A disability under SSA refers to a physical or mental condition that meets the requirements of a medical listing. If a condition does not meet the requirements of a listing, the SSA will determine whether the combination of all of an applicant’s medical impairments prevents them from performing substantial gainful activity on a full-time (eight hours per day, five days per week) basis.
The SSA offers two different types of disability benefits: Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) . These programs have the same medical requirements and disability standard. However, their nonmedical requirements differ.
Supplemental Security Income
To be eligible for SSI benefits, you must demonstrate that you have limited income and resources. As a single individual, the value of the things you own must be less than $2,000. If you’re married, the value of the things you and your spouse own must be less than $3,000.
In 2025, the maximum monthly SSI payment is $967 for an individual and $1,450 for a married couple. Your amount may be lower based on your income, certain family members’ income, living situation, and other factors.
Social Security Disability Insurance
To qualify for SSDI, you must have earned enough work credits to be “insured” for the program. These credits are accumulated through the payroll taxes you pay while working. To be insured, you must have at least 20 work credits during the past 40 quarters (10 years). You can earn four work credits per year.
Your monthly SSDI benefit is calculated based on your earnings record. Generally, higher lifetime earnings result in a higher benefit amount. In 2025, the maximum monthly SSDI benefit is $4,018.
The Application and Appeals Process
You may file for disability benefits online, by paper form, or by phone. The application is submitted to your local SSA field office, which will process the application and authorization forms. Once the field office processes your application, the case is sent to the Disability Determination Services (DDS) office. At the DDS office, an analyst and doctor will review your medical, vocational, and education records to determine whether you are disabled.
SSI and SSDI Appeal
If your application is denied, you can appeal your claim. There are several levels of appeal, and these are the request for reconsideration, request for a hearing, filing an appeal with the appeals council, and filing an action in federal court.
- Reconsideration
If your application is denied, you can file a request for reconsideration. The appeal must be filed within 60 days of the date of the denial. Your case will be reviewed by a new claims examiner who take into account any additional evidence to supplement your claim. If you choose to have legal representation, your attorney will be able to respond to any questions posed to you on your behalf.
- Hearing
Upon denial of your request for reconsideration, you will have 60 days to request a hearing with an administrative law judge (ALJ). Being prepared for the hearing is crucial, as this is your opportunity to present the evidence of your case, including the legitimacy of your claim in regard to Social Security disability law.
Your hearing will likely take place at your local Office of Hearing Operations (OHO). If you choose to get legal representation, it can be helpful to find a lawyer who has experience at your local OHO, as they will know the local judges and procedures at your hearing office.
- Appeals council
Following an unfavorable decision by the ALJ, you will have 60 days to file a request to the appeals council to review your claim. However, being granted another hearing is not a given. If, however, you are granted an additional hearing, your case will either be resolved or you will be required to face an ALJ again.
- Federal court
If you are unsuccessful at the appeals council stage, the next step will be to file a federal suit with the Federal District Court.
How to Search for the Best Disability Lawyers in Your Area
A disability lawyer can represent you in the initial application stage or during any subsequent appeal. It’s important to find an experienced attorney, as they will know the relevant laws and regulations and SSA procedures. They will also know what information to gather and submit to the SSA to help support your claim.
Here are other factors to consider when looking for a Social Security disability attorney:
Local expertise
Social Security disability law is a federal matter, so it is not required that you retain a locally licensed state attorney. However, you may appreciate a local attorney who is familiar with your local judges and SSA offices.
A local attorney can help you navigate and correspond with your local SSA office and your local SSA hearing office. They understand the intricacies and effective procedures that are unique to the area you live in.
At LaPorte Law Firm, we have experience representing claimants in and around the Bay Area and in Hawaii. For many years, our attorneys were members of the San Francisco, Alameda, Santa Clara, San Mateo, and Santa Cruz bar associations. We have over 40 years of experience corresponding with local SSA offices and representing claimants at hearing offices in San Jose, Sacramento, Honolulu, Fresno, San Rafael, Stockton, Sacramento, and throughout the Bay Area. Our experience in these areas gives our clients a distinct advantage, as we understand the unique challenges and opportunities presented by each local jurisdiction.
Where is your local hearing office?
If you live in Santa Cruz, Gilroy, Redwood City, and Campbell, your local hearing office is located in San Jose. If you live in Fremont, Oakland, or Livermore, your local hearing office is in Oakland. And if you live in Bakersfield, San Mateo, or Daly City, your local hearing office is in San Francisco. You can find your local SSA hearing office here.
Services offered
You should seek a representative who has specialized experience in Social Security disability law. In Social Security disability law, it’s also important to find a representative who has experience and can represent you in all appeal levels, including with appeals council and federal court appeals. Experience at all appellate levels demonstrates a comprehensive understanding and knowledge of Social Security regulations and procedures.
At LaPorte Law Firm, we have experience representing claimants at the application, reconsideration, and hearing levels. We also represent claimants who have received an unfavorable decision from an ALJ and in actions in federal district court. To learn more about the nature of our appellate work, you can learn more about our appeals to the appeals council and actions in federal court.
Personal attention
When it comes to Social Security Disability cases, receiving personal attention from your attorney is crucial. A lawyer who personally handles your case is more likely to understand the specific details of your situation and provide tailored advice, ensuring your case is approached with the care and attention it deserves. Retaining an attorney who is actively involved throughout the process can increase your chances of success and ensure that you’re fully informed and supported during the entire process.
At LaPorte Law Firm, our representatives will handle your claim directly. We do not delegate our representation at any stage of the case, including at the hearing. We’ll handle your claim from the initial application through subsequent appeals. In addition, when you call for a free consultation, you can speak directly with one of our attorneys.
Where to Find a Local Social Security Disability Attorney
To find skilled legal representation in your area, consider these key resources and strategies.
Online directories and bar associations
You can reach out to the National Organization of Social Security Claimants’ Representatives (https://nosscr.org/) for a referral. NOSSCR is an association for lawyers and advocates who represent claimants in disability claims. You may also find a local attorney by reaching out to your local state bar association who can refer you to an attorney who practices Social Security disability law.
LaPorte Law Firm’s representatives are members of NOSSCR and other local associations, making it possible to provide our clients with the most informed and strategic guidance throughout their Social Security disability claims.
Personal referrals and online reviews
The people in your life can be your best referral source. Someone you know may be able to refer you to the appropriate lawyer. This may include a family member, friend, doctor, or social worker.
You can also consult client reviews on Google business listings. Client testimonials offer insight into the experience and working relationship others have had with lawyers at your local law firm.
LaPorte Law Firm has over 40 years of experience serving our clients. You can check out our client testimonials here. To find local reviews of our firm in your area, you can check out our reviews in Santa Cruz, Oakland, and San Francisco.
Understanding Cost Structures
To make sound financial choices when seeking legal assistance for your Social Security disability claim, consider these important factors:
Contingency fees vs. hourly rates
In Social Security disability law, attorneys are paid on a contingency basis. That means you do not owe any fee until you win your case and you receive back pay. If your case is approved and you are awarded a lump-sum back payment, your lawyer will be paid a percentage of your retroactive benefits once they have been awarded to you. Social Security disability lawyers receive either up to 25% of your back pay or $9,200, whichever is lower, as set by the Social Security Administration.
Learn more about our fees at our website.
Free consultations and evaluations
Many disability lawyers offer free case reviews. During this consultation, you can consult with a representative without having to pay any fee.
Conclusion and Next Steps
If you are considering filing a Social Security disability application or your claim was recently denied, you can reach out to a representative for a free consultation. Without having to pay any fee, you can have your case evaluated by a lawyer who has experience in Social Security disability law. Ask them what their experience in your area is, what type of claims and appeals they handle, and how they can help you win your claim.
To find a local law firm specializing in Social Security disability, start by googling “Social Security disability lawyers near me,” and check out the reviews from local law firms who practice in your area. Most attorneys offer free consultations, so there is no downside to contacting multiple law firms to find out which would be the best fit for your case.
We encourage you to reach out to our firm to schedule a free consultation. Contact us today.
FAQs
The Social Security disability process can be intricate, featuring rigid eligibility requirements and a tough appeals system. An attorney plays a key role in avoiding mistakes from the outset, ensuring that applications are thorough and precise. Experienced disability lawyers understand the regulations, enabling them to make the appropriate legal arguments on appeal.
Wondering what a Social Security attorney does? Check out our blog on the subject: What Does a Social Security Disability Lawyer do?
A lawyer with experience representing clients at your local hearing office will be familiar with the nuances of local SSA field office procedures, the SSA code of federal regulations and POMS, and court procedures. This increases your chances of a successful outcome. Their familiarity with the local processes can also expedite your case, potentially leading to a faster resolution.
The fee structure for a Social Security disability attorney is typically based on a contingency fee arrangement, meaning the attorney only gets paid if you win your case. In most cases, the fee is capped at 25% of your past-due benefits, up to a maximum amount set by the Social Security Administration, which is $9,200 at the time of writing. This ensures that you don’t have to pay upfront costs and only owe attorney fees if you receive the benefits you’re entitled to.
When consulting with a Social Security Disability lawyer, it’s important to ask about their experience with SSDI cases, success rates, and how they charge for their services. You should inquire whether they handle cases personally or delegate to others, the expected timeline for your case, and their approach if your claim is denied.
Additionally, ask about the documentation required to get started, how they’ll keep you informed throughout the process, and if they have client testimonials or reviews to share. You should also ask if they can provide a list of references. Positive client testimonials offer insight into the attorney’s reputation, communication style, and track record of success, helping you feel more confident in your decision to hire them.
These questions will help you determine if the lawyer is the right fit for your needs and if they offer the expertise and communication you require.
