Do I need an attorney to apply for Social Security disability benefits?

The National Organization of Social Security Claimants’ Representatives also has a referral service, and you can search online legal directories such as Avvo, FindLaw and Lawyers.com for attorneys in your area who specialize in disability claims.

Once you've chosen someone to handle your case, you need to notify Social Security in writing. Download an SSA-1696 form from the Social Security website and send the completed version to your local Social Security office. Alternatively, your representative can file it for you electronically. Both you and your representative will need to provide an electronic signature for verification.

How much does it cost?

Most disability lawyers and advocates work on a contingency basis, meaning they only get paid if your claim is approved. Any fee agreement between you and your representative must be authorized by Social Security.

If your claim is successful, Social Security pays your representative directly out of your “back pay” — past-due benefits the SSA can award if it determines after the fact that you were medically qualified to receive benefits while still awaiting a ruling on your case. In a typical fee agreement, the representative's payment is capped by federal law at 25 percent of back pay or $7,200, whichever is less.

The SSA announced March 29 that the fee cap will go up to $9,200 in the fall of 2024 and will be tied in future years to the annual cost-of-living-adjustment (COLA).

In certain circumstances, your representative may file a fee petition with Social Security requesting more than the cap — for example, if your claim involved multiple appeals that required a lot of additional work, or if you switched attorneys midstream and both are seeking payment. Social Security must approve any additional fee.

You'll find more information in the Social Security publication "Your Right to Representation."

Keep in mind

• Your lawyer or advocate is allowed to bill you for out-of-pocket expenses, such as the cost of having a medical report prepared, without Social Security's approval.
• If your claim is ultimately denied and there is no back pay, your representative can use the fee-petition process to request payment, but they cannot collect if they signed a contingency-fee agreement upon taking the case.