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Pro Tip

Do I Need A Lawyer to File My Application with the Social Security Administration?

Published:
6/28/24
Updated:
12/19/25

If you’re thinking about applying for Social Security Disability benefits, you might be wondering if you need a lawyer or disability advocate to file your application or if you can do the forms yourself. Applying with the Social Security Administration (SSA) can be overwhelming and confusing. That said, many people file on their own and get approved without a representative.

However, a disability lawyer or a trained non-attorney advocate can make the process faster, easier, and improve the odds that you’ll be approved. This is especially true if your medical history is complex, your condition makes paperwork hard, or you’ve been denied before. The lengthy forms are complicated and frustrating for many. Plus, it’s crucial that your information is detailed and consistent as inconsistencies often lead to denials.

This article explains when people tend to get help, how advocates and attorneys support you, and the cost of representation so you can decide what feels right for you.

Things You Should Know Before Applying for SSDI Benefits

Before you decide whether to get help, it’s useful to know what’s involved in the application process for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). 

Here are some helpful points:

  • The application is detailed. You’ll answer questions about your work history, health problems, education, and how your symptoms affect your day-to-day life.
  • Medical evidence matters as much as the forms. Examiners rely on records from your doctors, hospitals, and clinics to understand your condition. Medical evidence verifies what you write on the application.
  • Most first-time applications are denied (35 to 40%). Denials are common because the medical criteria are strict, not necessarily because you did the forms wrong.
  • Timelines are slow. It’s normal for a decision on the initial application to take five to eight months. Knowing this upfront can spare you some stress.
  • You can file on your own or with help. Some people prefer to handle the paperwork themselves. Others use a disability lawyer or non-attorney advocate to organize records, reduce mistakes, and manage the process so it’s less overwhelming.

How a Lawyer or Disability Advocate Can Help with Your SSDI Application

A lawyer or disability advocate will handle key parts of your application. They can:

  • Gather and organize your medical records
  • Make sure your work history is complete
  • Review forms for clarity and consistency
  • Communicate with the SSA on your behalf

The next question is whether to get help now or wait.

Should I Get an Advocate Before Applying for Social Security Disability Benefits?

There isn’t one answer for everyone. Whether you want to hire a lawyer or disability advocate depends on how comfortable you feel with the process, your health, and the complexity of your records. The goal of this article is to help you make the decision with less stress.

When You May Not Need SSDI Representation Yet

If you feel confident starting on your own, that’s great. Not sure yet? Read on for some clarity.

You might start on your own if:

  • Your condition is straightforward and clearly matches SSA rules.
  • Your doctors give complete and supportive medical records.
  • You feel comfortable filling out forms and tracking deadlines.

If you apply alone and get denied, you can still get a representative for the next step.

When to Hire a Disability Representative or Advocate

On the other hand, getting help makes sense when your situation is more complex or stressful, like in these examples.

  • Your medical history is complicated or you have several conditions. An advocate can review your file, spot gaps, and gather missing records.
  • You’ve already been denied. They can gather stronger evidence and explain to the SSA what changed since your last decision.
  • You have a hearing scheduled and feel anxious about speaking in front of a judge. They can prepare you for common questions and speak for you at the hearing.

Your health or cognitive limits make forms, deadlines, or calls hard to manage. A representative can handle SSA paperwork and communication.

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Lawyer vs Disability Advocate: What’s The Difference?

Both lawyers and non-attorney advocates (often called EDPNAs) can represent you in SSDI cases. Fees are capped by the SSA and are the same for both types of representatives.

Lawyers are licensed attorneys. Disability advocates are experts with deep day-to-day experience with the SSA process. Both may focus solely on disability work.

An experienced disability advocate manages the same paperwork, evidence gathering, and communication you’d expect from a traditional law firm.

Working with someone who understands the SSA process and keeps your claim on track matters most.

What SSDI Representatives Can and Can’t Do For You

Disability representatives can help with:

  • Explaining what SSA looks for in medical and work records
  • Gathering and organizing records
  • Completing and sending forms
  • Preparing you for a hearing and speaking for you

They can’t:

  • Change your medical facts or work history
  • Guarantee approval or speed up processing times
  • Ask you to exaggerate or misrepresent your symptoms 

What Will I Need to Pay?

Another common question is how much representation costs. The SSA sets the fees that disability lawyers and advocates charge. Most representatives use the same fee structure. They only get paid if you win and their fee comes from your backpay. Your ongoing monthly checks won’t be reduced.

Do I Have to Pay Anything Up Front?

Most SSDI representatives do not charge upfront fees. You might have small costs for things like copies of medical records or postage. If so, your representative will explain the costs before ordering records.

Do Disability Lawyers and Advocates Cost The Same?

Yes.

The SSA’s fee rules apply to both attorneys and non-attorney advocates. That means no hourly billing or surprise charges. You’ll know exactly how fees work before you sign anything.

Quick recap:

  • You don’t pay an hourly rate.
  • If your claim isn’t approved, your representative usually doesn’t receive a fee.
  • If you win, your representative is paid from your past-due benefits, not your future monthly checks.

Choosing the Support That’s Right for You

Hopefully, understanding what representation looks like and what it costs, you can help decide what’s right for you.

It’s true that the SSDI process is lengthy, detailed, and often stressful. You don’t have to do this alone. Many people get help to reduce pressure, get organized, and avoid common mistakes. Support matters most if you’ve already been denied, your medical history is complex, or the paperwork and deadlines feel impossible to manage.

When you partner with Advocate, an experienced disability representative helps with each stage. Smart tools help us gather and organize your records so nothing gets missed and everything is consistent.

If you want support at any point in the process, Advocate’s here for you.

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