Questions to Ask a Disability Lawyer
Questions to ask a disability lawyer about a Social Security disability claim in the US, whether you are choosing one at a first consultation or checking on the one you already have. The top ten come first, for a short meeting. After them: the lawyer's experience, fees and costs, what your records can support, getting through the wait, and the hearing and what follows it. Every question has a note on what a useful answer sounds like. Fee limits, deadlines and wait times change, so treat the notes as things to ask about, not as legal advice. Private insurance and veterans' claims run on different rules.
The questions
Each question, and why to ask it
Top Ten
What share of your work is Social Security disability?
Why ask it
A firm that does this all week knows the agency's forms, deadlines and local judges without looking them up. If disability sits beside car accidents and divorces on the sign, find out how many of these claims the person in front of you took to a hearing last year.
Will you be handling my case, or will someone else in the office?
Why ask it
Larger practices often assign hearings to whoever is available that week. Ask early, because the person at the consultation is not always the one sitting beside you at the hearing.
How do you get paid, and do I owe anything if we lose?
Why ask it
Most representatives work for a share of back pay that the agency has to approve, under a limit that is revised from time to time, so no back pay normally means no fee. Expenses are a separate line: check whether charges for records are still billed after a loss.
How strong do you think my claim is, and what does that depend on?
Why ask it
Nobody honest can promise a result at a first meeting, so a promise is your cue to keep looking. What you want is a short list of the things the case hangs on, such as a specialist's opinion or a gap in treatment.
How long will my case take, and what is the wait at my hearing office right now?
Why ask it
Ask for the answer stage by stage, since a first decision, a reconsideration and a hearing each have their own queue. Backlogs differ by location and shift over time, and a specific local figure is the difference between planning your finances and guessing at them.
What stage is my claim at, and what deadline am I facing?
Why ask it
Appeal windows are short, and the clock starts with the agency's letter, not with the day you found a lawyer. Missing one can mean filing a fresh claim and giving up back pay, so bring the letter and leave with the date written down.
What is your success rate, and what does that number count?
Why ask it
A percentage means little until you know what went into it. An office that takes only strong cases, or only cases already at the hearing stage, will post a higher figure than one that takes hard ones. A more telling version: how many of their hearing clients were approved last year, and are partly favorable decisions included.
How will you keep me informed, and who do I call with a question?
Why ask it
Months can pass with nothing to report. Get a name instead of a main number, hear how quickly calls are returned, and find out whether they contact you when nothing has changed or only when something has.
What can I do to help my own case while it is pending?
Why ask it
The useful answer is a short list with your name on it: appointments to keep, a doctor to approach for an opinion, forms to return by a date. 'Just leave it with us' sounds kind, but the parts only you can do, like turning up for treatment and opening agency mail, do not go away.
If the claim is denied, will you stay with it through the appeals?
Why ask it
Not every representative takes cases to the Appeals Council or into federal court. Learn where this office stops, and who they would hand you to, now and not while a new deadline is running.
The Lawyer
How long have you been handling disability claims?
Why ask it
Total years matter less than recent ones, since the agency revises its rules and forms. A newer lawyer at an office that does nothing else can be a sound choice when someone senior reviews the file, so find out who that is.
How many hearings have you done at the hearing office that covers me?
Why ask it
An office that advertises across the country may send someone who has never appeared there. What you are after is whether the person coming with you has been in front of those judges, and how recently.
Do you also handle private long-term disability or veterans' claims, or only Social Security?
Why ask it
Many employer disability policies require you to apply for Social Security as well, and what you say in one claim can be read in the other. One office covering both keeps the two accounts consistent. If they do only one, ask who they send people to for the other.
Have you represented people with my condition, and what won those cases?
Why ask it
Every diagnosis has its own proof problem. Conditions with few objective tests need a different file from ones that show up on a scan, and seizure or migraine claims turn on a record of how often. Someone who has been there names the evidence that mattered without being prompted.
Are you an attorney or a non-attorney representative, and does the difference matter for me?
Why ask it
Both are allowed to represent claimants before the agency, and plenty of non-attorneys are very good in a hearing room. The gap opens if a denial has to go to federal court, where a representative has to be a licensed attorney, so find out who would take it there.
How many open cases are you carrying yourself right now?
Why ask it
A very large number usually means paralegals do most of the work and you meet the lawyer shortly before the hearing. That model can still win, but you should choose it knowingly. Follow up with who reads your records, and when.
At what stage do you take cases: the first application, an appeal, or only once a hearing is requested?
Why ask it
Some firms help file the initial claim and others wait until there is a denial to appeal. If you have not applied yet, ask exactly what they would do now that you could not do yourself, and whether signing early changes the fee.
If I hire you today, what happens in the first month?
Why ask it
You should hear concrete steps: the appointment form goes to the agency, record requests go out, and any appeal with a running deadline gets filed. If the whole plan is 'we wait to hear from them', follow up with who is ordering your records and when.
What happens if I want to change lawyers partway through, or you decide to withdraw?
Why ask it
You are free to switch, but the first representative can still ask the agency for a share of the fee, which makes some new firms reluctant to step in. Find out whether this office waives its fee when it withdraws and how much notice you would get before a hearing.
Which state bar are you licensed with, in case I want to look you up?
Why ask it
Most state bars let you search a lawyer's standing and any public discipline online, though how much is shown varies by state. A non-attorney representative will not have a bar listing, so with one of those the question becomes what credential they hold and who issued it.
Fees
Is this consultation free, and am I committed to anything by having it?
Why ask it
Many disability practices do not charge for a first meeting, though it is worth hearing them say so. Check as well whether any paper you sign today appoints them as your representative, because intake packets sometimes include that form.
What is the most I could end up paying you, in dollars?
Why ask it
The standard agreement is a percentage of back pay with a dollar ceiling that the agency adjusts from time to time. Have them state today's ceiling and run the sum on a realistic back pay figure for you, so the number is one you have seen and not one you assumed.
What expenses come on top of the fee, and roughly what do they add up to?
Why ask it
Clinics charge for copies, and some doctors charge to complete an opinion form. A typical total from past cases is more use than 'it varies'. Check as well whether you are billed as charges come in or at the end.
Does the agency pay you directly out of my back pay, or will I get a bill?
Why ask it
Often the fee is withheld and sent straight to the representative before you see your payment. When that does not happen, the full amount lands in your account and the fee is still owed, which is a bad surprise if the money is already spent.
Does your percentage come out of my family's back pay as well as mine?
Why ask it
Back pay can arrive in several pieces: yours, a child's or spouse's on your record, and sometimes SSI alongside SSDI. Which pieces the fee touches should be spelled out in the agreement, so have them point to the clause.
Does the fee arrangement change if the case goes past the hearing to the Appeals Council or federal court?
Why ask it
Agreements are often written to cover work up to the judge's decision and no further. Later stages can run under different fee rules with a different limit, and court filing costs appear too. You want this explained while you still have a choice of lawyer.
May I take the fee agreement home and read it before I sign?
Why ask it
A yes costs the firm nothing. Read for three things: the percentage and ceiling, which expenses you owe on a loss, and what happens to the fee if either side ends the relationship. Pressure to sign in the room is worth noticing.
Your Claim
Should I be applying for SSDI, SSI, or both?
Why ask it
SSDI rests on the work credits you have paid in, while SSI is for people with limited income and savings, and some people qualify for the two together. A careful lawyer looks at your earnings record and household finances before answering.
My claim was already denied. Why do you think that happened, and what would you change on appeal?
Why ask it
Bring the denial letter, because it lists what the agency looked at and why it said no. A careful lawyer reads it in front of you and names something concrete to add, such as a missing specialist's records or an opinion on what you can do. 'They turn everyone down the first time' is not an answer to your letter.
What do you need from me, and what do you collect yourselves?
Why ask it
Offices split the work differently. Some request every record once you sign a release, and others expect you to chase your own clinics. Leave knowing which list is yours and when it is due.
What date should we say my disability began, and what does that date change?
Why ask it
The onset date sets how far back pay can reach, and for SSDI it has to fall while your work coverage was still in force. Ask what evidence backs the date they suggest, because a date the records cannot support invites a partial win.
What in my medical records will the decision actually rest on?
Why ask it
Listen for particulars: a test result, a specialist's exam findings, notes that record how far you can walk or how long you can sit. If all you hear is your diagnosis, press on it, because the name of a condition does not show what you can no longer do.
What is missing from my records, and how do we get it?
Why ask it
Typical holes are a specialist you stopped seeing, a test that was ordered and never done, or a year with no visits. Some are filled by a records request and some need a new appointment, so settle who does which and by what date.
Will you ask my doctors for a statement about my limitations, and how do you word the request?
Why ask it
A form asking your doctor how long you can sit, stand and concentrate, and how many days a month you would miss, gives a judge something to weigh. A two-line letter saying you are disabled gives much less. Have them show you the form they send, and say what they do when a doctor declines to fill it in.
Could a statement from someone who lives with me help, and what should it say?
Why ask it
A spouse, relative or former coworker sees the bad days that never make it into clinic notes. The useful statements describe specific things witnessed, such as how long you can stand at the stove. A letter saying you are honest and deserve help adds little.
Does my condition meet one of the agency's listings, or do we show I cannot work another way?
Why ask it
The listings are strict medical definitions, and matching one is the shortest route to approval. Many claims go the longer way, through what you can still do across a workday. Knowing which route yours is on tells you what evidence to chase.
I have more than one condition. How do you present them together?
Why ask it
The combined effect is supposed to count, including problems that would never qualify alone, like medication drowsiness or pain that breaks concentration. Watch whether they ask about everything or build the whole case on your headline diagnosis.
How do you handle a claim based mainly on mental health?
Why ask it
There is no scan to point to, so the file leans on therapy and prescriber notes kept up over time, and on accounts of how you manage ordinary days. Depression and anxiety are also what stop people booking and attending appointments. A lawyer who does these claims has a way of explaining the missed visits that follow.
Do my age, work history and education change which rules apply to my case?
Why ask it
The analysis is not purely medical. Past job demands, transferable skills, schooling and age brackets can decide a borderline claim. Find out which bracket you are in now, and whether a birthday during the wait would change the picture.
How should I describe my past jobs so the agency sees what they really involved?
Why ask it
Job titles mislead: a 'manager' who unloaded trucks all shift did heavy work, and the form needs to say so. The lifting, standing and concentration you record decide whether the agency thinks you could go back to that job, so have your descriptions checked before they are filed.
If the agency sends me to one of its own doctors for an exam, how should I handle it?
Why ask it
A consultative exam can be brief and is done by someone who has never met you, yet skipping it can sink a claim. Ask what to bring, how to describe your worst and average days, and whether they want a call from you that afternoon about how it went.
I also have workers' compensation, a pension or private disability insurance. How does that interact with this claim?
Why ask it
Some payments reduce a Social Security benefit, and a private insurer may be entitled to part of your back pay if it has been paying you in the meantime. The rules differ by policy and by state, so bring the paperwork and have them walk through yours.
The Wait
Can I work part-time while this is pending, and how much is too much?
Why ask it
The agency sets a monthly earnings figure each year, and pay above it can end a claim whatever your health. Get this year's number, and hear how cash jobs, self-employment and a job you had to give up after a few weeks are treated. Have the conversation before you accept a shift, not after.
Can I collect unemployment while I wait for a disability decision?
Why ask it
Unemployment usually has you certify that you are able to work, while this claim says you are not, and a judge may want the contradiction explained. State rules vary and so do judges, so raise it before you file for either.
How do people get through the wait financially?
Why ask it
A local office tends to know what exists nearby: state or county cash assistance, help with food and utilities, and whether your state runs an interim program that is repaid out of back pay. Take away names and phone numbers, not a general suggestion to look into it.
I cannot afford to keep seeing my doctors. What does that do to my claim?
Why ask it
A gap in treatment is easy to read as getting better unless the file says why it happened. Lawyers who practice locally usually know the free and sliding-scale clinics, and can put the reason for a gap on the record. Raise it early, before a denial quotes the gap back to you.
Is there any way to move my case faster?
Why ask it
There are a few: a request for a decision on the written record, or a hardship flag for situations such as a terminal diagnosis or losing your housing. None is automatic and each needs proof, so learn which one fits your facts before you count on it.
What should I do with the forms and questionnaires that keep arriving in the mail?
Why ask it
Function reports and activity questionnaires are evidence, and answers written on a good day get quoted back at you later. They also come with return dates. Find out whether the office wants to see each one before it goes back, and how fast they can turn it around.
What should I be telling my doctors at appointments while this is pending?
Why ask it
Chart notes that read 'doing well' get quoted in denials, even when you only meant well for you. The point of asking is to learn how to report symptoms accurately, neither brave-faced nor exaggerated.
If I get worse, end up in hospital or start with a new doctor, how soon do you need to know?
Why ask it
New records only help if someone requests them, and the office cannot request what it has not heard about. Settle whether they want a call, an email or a form, and whether they check in with you on a schedule or leave that to you.
Would a symptom diary help, and would you actually read it?
Why ask it
Kept well, a diary gives dates and frequency for things memory blurs, such as migraines, seizures or days spent in bed. Kept loosely, it is a stack of paper nobody opens. Have them show you the format they want before you start.
Could what I post online be used against my claim?
Why ask it
Find out whether they have seen posts or photos come up with the judges they appear before, and what they tell clients to do about it. The usual worry is one good afternoon, photographed, standing in for the rest of the month. Deleting old posts raises its own problems, so get their view before you touch anything.
Hearing and After
What is the hearing like, and how will you prepare me?
Why ask it
Expect detailed questions about ordinary days, where an offhand 'I do a bit of housework' can be heard as more than you meant. Find out whether there is a practice session, who runs it, and whether it happens days before the hearing or in the corridor outside.
Will my hearing be in person, by video or by phone, and do I get a say?
Why ask it
Formats have changed a good deal in recent years, and you may have a right to object to one within a set time. Your lawyer should have a view on which suits you, since visible physical limits and severe anxiety call for different settings.
Who else will be at the hearing?
Why ask it
It is usually a small gathering: the judge, someone making the recording, your representative, and any expert the judge has called, who may be on the phone. Ask whether a family member can come in with you, and whether having them testify would help or get in the way.
Will an outside expert testify at my hearing, and how do you handle that testimony?
Why ask it
A vocational expert may be asked whether someone with your limits could do your old job or any other, and that answer can decide the case. Have the lawyer describe what they would put to the expert in your case, for example whether those jobs survive needing to lie down during the day.
Once a judge is assigned, what can you tell me about how they run a hearing?
Why ask it
Local representatives tend to know whether a judge asks most of the questions personally, how much weight the experts get and what should be filed in advance. That is preparation, not prediction. Be wary of anyone who describes a judge as an easy win.
When is the cutoff for getting evidence in before the hearing, and who makes sure we meet it?
Why ask it
Records are expected some days ahead of the hearing, and late ones can be refused. A last-minute scramble usually traces back to a clinic that never answered a request, so find out who follows up and at what point you should start chasing it yourself.
How long after the hearing does a decision usually come, and how will I find out?
Why ask it
Judges seldom announce a ruling on the day, so the answer tends to arrive in writing weeks or months later. Find out what is typical for that office, whether the firm gets its copy before you do, and when silence is worth a call.
If I win, how is back pay worked out and when would it arrive?
Why ask it
The figure depends on your onset date, when you applied and which program is paying, and SSDI does not pay for the first months of disability. A rough estimate with the fee already subtracted is a fair thing to request, along with whether it comes as one payment or in installments.
How much would my monthly benefit be if I am approved?
Why ask it
SSDI is worked out from your own earnings record, and the agency's online statement shows an estimate you can bring along. SSI is a set federal amount that other income and your living situation can reduce, and some states add to it. Know which of the two you are budgeting around before you count on a figure.
What happens to my health insurance if I am approved?
Why ask it
SSDI leads to Medicare only after a waiting period, and SSI usually opens the door to Medicaid under rules that differ by state. If you are uninsured now, the real question is how to stay covered in between, so ask what clients in your state do.
If I lose at the hearing, is it better to appeal or to start a new application?
Why ask it
An appeal keeps your original filing date alive but largely reviews the record already made, while a fresh claim can bring in new evidence and may give up earlier back pay. Which is right turns on your age, your coverage dates and whether your health has got worse.
Once I am approved, can the agency review my case and stop the benefit?
Why ask it
Yes, approvals are looked at again from time to time, sooner when improvement is expected. Find out how soon a review is likely for you and whether the firm helps with one, since many treat the case as closed once the fee is paid.
Could I try going back to work after approval without losing everything?
Why ask it
Both programs have rules that allow a test of work, but they are different rules with different reporting duties. Have them explain the version that applies to the benefit you would receive, and whom to tell about earnings, since unreported wages are how overpayment letters begin.
Preparing for a disability consultation
Practical guidance for the conversation itself
Which questions to use when
At a first consultation
The top ten are built for a short first meeting. Put the same ones to two offices and compare how specific the answers get. The Lawyer and Fees groups are for the office you are leaning toward, before you sign anything.
When you already have a lawyer
Skip the hiring questions. Start with what stage the claim is at and the next deadline, then what is missing from your records, and bring in The Wait and Hearing and After as each stage arrives. If your calls are going unanswered, the questions about who your contact is and about changing lawyers are the ones to raise.
If your claim is not with Social Security
The fee, deadline and hearing questions here are written for SSDI and SSI. For a private long-term disability policy or a veterans' claim, the questions about experience, communication and medical evidence still apply, but ask how fees and appeals work under those rules.
What to take to the meeting
- Every letter from the agency, including denials, with their dates visible.
- A list of your treating providers with addresses and approximate first and last visit dates.
- Your medications, doses, and any side effects that affect what you can do.
- The jobs you have held in recent years, with what each one actually involved: lifting, standing, hours.
- Any earnings since you stopped full-time work, including cash or occasional work.
- A short note on what a bad day looks like, written in terms of specific tasks.
Understanding fees
The fee comes out of back benefits
In a standard arrangement the representative is paid a percentage of past-due benefits, under a limit the agency sets and with the agency's approval. Read the agreement itself and do not rely on a summary of it.
Costs are separate from the fee
Medical records, doctors' opinion forms and copying can be charged as expenses whatever the outcome. Find out what these usually total and whether you are billed if the claim is denied.
Ask before paying anything up front
Most representatives in these claims are paid only out of back benefits. If you are asked for money in advance, find out exactly what it covers and what happens to it if the claim fails, and get that in writing before paying.
What matters while you wait
Keep treatment continuous
A long stretch without appointments can be read as a period without symptoms. If cost or transport is the reason you stopped, tell your representative so it can be explained in the file.
Describe function, not diagnosis
The record needs to show what you can no longer do: how long you can stand, how much you can lift, how often you need to lie down. Say these things to your doctors so they appear in the notes.
Report changes promptly
New conditions, hospital admissions, address changes and any attempt at work all need to reach both the agency and your representative. News that arrives the week before a hearing is much harder to act on.
Assume anything public can be read
Photographs and posts can be raised at a hearing, and nobody there is obliged to read them kindly. One good day shown without context can be set against a year of documented limitation.
The hearing and the decision
Settle the format early
A hearing may be held in person, by video or by telephone, and any choice you have comes with a deadline. Raise it as soon as a hearing is requested so the option does not lapse by default.
Rehearse the ordinary questions
Judges ask about a normal day: who cooks, who drives, how the shopping gets done. Practicing out loud with your representative is not coaching. It makes sure a nervous 'I manage' does not stand in for the real answer.
Read the decision letter together
An approval can still set your onset date later than the one you claimed, which reduces back pay, and the time to challenge that starts running when the letter arrives. Go through it with your representative, including what an appeal would put at risk, before treating the case as finished.