Questions to Ask a Disability Lawyer

Questions to Ask a Disability Lawyer

Essential questions to help you choose the right disability lawyer and understand your legal options for disability claims.

1

What percentage of your practice is dedicated to disability law?

Ensures you're working with someone who specializes in disability cases rather than a general practitioner who handles disability as a side practice.

2

How many disability cases have you handled in the past year?

Gauges their current experience level and active involvement in disability law practice.

3

What is your success rate with disability claims?

Helps you understand their track record, though be aware that success rates can vary based on case complexity and client circumstances.

4

Do you handle both Social Security Disability (SSDI) and Supplemental Security Income (SSI) cases?

Important to know if they can help with both programs, as eligibility and processes differ between SSDI and SSI.

5

What is your fee structure for disability cases?

Most disability lawyers work on contingency (only paid if you win), but it's important to understand the percentage and any additional costs.

6

How long does the typical disability case take from start to finish?

Helps set realistic expectations about timeline, as disability cases can take months or years depending on appeals.

7

What percentage of your cases go to hearing versus being approved at earlier stages?

Shows their experience with the full process, including administrative law judge hearings which are often necessary.

8

Do you have experience with my specific type of disability or medical condition?

Some lawyers specialize in certain types of disabilities and may have better understanding of relevant medical evidence and case law.

9

What medical evidence do you typically need from my doctors?

Helps you understand what documentation and medical records will be required to build a strong case.

10

How do you communicate with clients throughout the process?

Important for understanding how often you'll receive updates and what methods they use to keep you informed.

11

What happens if my initial application is denied?

Most disability applications are initially denied, so understanding their approach to appeals and reconsideration is crucial.

12

Do you work with vocational experts or medical consultants?

Shows they have access to professional networks that can strengthen your case with expert testimony.

13

What can I do to help strengthen my case?

Understanding your role in the process helps ensure you're providing all necessary information and following medical treatment.

14

How do you handle cases that involve mental health disabilities versus physical disabilities?

Mental health cases often require different approaches and evidence, so experience with both types is valuable.

15

What is your policy on returning phone calls and responding to questions?

Disability cases can be stressful, so knowing you can reach your lawyer when needed is important for peace of mind.

16

Do you have experience with cases that involve multiple disabilities or complex medical conditions?

Many disability cases involve multiple conditions, so experience with complex medical situations is valuable.

17

What happens if I need to appeal a denial at the federal court level?

Understanding their experience with federal court appeals shows they can handle your case through all stages if necessary.

18

How do you stay current with changes in disability law and Social Security regulations?

Disability law changes frequently, so ongoing education and staying current with regulations is important for effective representation.

19

Can you provide references from past clients?

Speaking with former clients can give you insight into their communication style, professionalism, and client satisfaction.

20

What questions do you have about my case and situation?

A good lawyer will ask detailed questions about your medical history, work history, and current situation to assess your case properly.

Want to learn more?

Choosing the Right Disability Lawyer

Best Practices

Research Specialization

Look for lawyers who specialize in disability law rather than general practitioners. Specialized experience often leads to better outcomes.

Check Credentials

Verify their bar admission, any disability law certifications, and professional memberships in relevant organizations.

Understand Fee Structure

Most disability lawyers work on contingency (typically 25% of back benefits), but clarify all costs upfront including any expenses you might be responsible for.

Question Sequences

The Experience Assessment

1
How many disability cases have you handled?
2
What percentage of your practice is disability law?
3
Do you have experience with my specific condition?
4
What is your success rate with similar cases?

The Process Understanding

1
What will be required from me?
2
How long does the typical case take?
3
What happens if my application is denied?
4
How will you keep me informed of progress?

Common Pitfalls

Don't Choose Based on Advertising Alone

Flashy ads don't guarantee quality representation. Research their actual experience and track record.

Avoid Lawyers Who Promise Guaranteed Results

No lawyer can guarantee approval. Be wary of anyone who makes such promises.

Don't Ignore Communication Style

You'll work with this lawyer for months or years. Choose someone whose communication style works for you.

Interview Framework

The Comprehensive Assessment

1
Step 1: Start with their specialization and experience
2
Step 2: Discuss your specific case and medical conditions
3
Step 3: Understand their process and timeline
4
Step 4: Clarify fees and communication expectations
5
Step 5: Ask for references and follow up

Further Reading

Social Security Administration website for official information
National Organization of Social Security Claimants' Representatives (NOSSCR)
Disability Rights Education and Defense Fund (DREDF)