Disability Attorney or Rep

Applying for Social Security Disability Insurance (SSDI) can be a complex and time-consuming process. Many applicants choose to seek assistance from a disability attorney or representative to navigate the system effectively. This article provides updated information to help you decide whether hiring a representative is right for you.

Your Right to Representation

The Social Security Administration (SSA) allows individuals to appoint a representative to assist with their disability claims. This representative can be an attorney or a qualified non-attorney. Once appointed, your representative can:

• Access your Social Security records
• Help gather medical and other supporting evidence
• Accompany you to interviews, conferences, or hearings
• Request reconsideration, hearings, or Appeals Council reviews
• Assist in preparing for hearings and question witnesses

To appoint a representative, you must complete Form SSA-1696, “Claimant’s Appointment of a Representative,” available on the SSA website: https://www.ssa.gov/forms/ssa-1696.html.

Attorney vs. Non-Attorney Representative

Attorneys

Attorneys who represent claimants before the SSA must be in good standing with a state bar and adhere to the SSA’s Rules of Conduct and Standards of Responsibility.

Non-Attorney Representatives

Non-attorney representatives can also assist with SSDI claims. Some non-attorneys qualify for direct payment of fees from the SSA by becoming an Eligible for Direct Payment Non-Attorney (EDPNA). To become an EDPNA, a non-attorney must:

• Possess a bachelor’s degree or have equivalent work experience
• Pass a criminal background check
• Pass a written examination administered by the SSA
• Provide proof of professional liability insurance

EDPNAs are authorized to receive direct payment of fees from the SSA.

Fee Structure and Limits

Representatives typically work on a contingency basis, meaning they only get paid if you win your case. As of November 30, 2024, the SSA has increased the fee cap for representatives. Under the fee agreement process, the maximum fee a representative can receive is the lesser of:

• 25% of your past-due benefits, or
• $9,200

This cap applies to favorable decisions issued on or after November 30, 2024.

If a representative wishes to charge a fee exceeding this cap, they must submit a fee petition to the SSA for approval.

Representation Statistics

Representation can significantly impact the outcome of your SSDI claim. According to SSA data, approximately 90% of claimants at the hearing level are represented by either an attorney or a non-attorney representative.

Having representation can improve the likelihood of a favorable decision, as representatives are familiar with the SSA’s procedures and requirements.

How to Appoint a Representative

To appoint a representative:

1. Complete Form SSA-1696, “Claimant’s Appointment of a Representative.”
2. Submit the form to the SSA online, by mail, or in person at your local Social Security office.

Your representative must also sign the form.

Reporting Misconduct

If you believe your representative has acted improperly, you can report them to:

Social Security Administration
Office of the General Counsel
Attn: Representative Conduct
6401 Security Boulevard
Baltimore, MD 21235-6401

Representatives are required to adhere to the SSA’s Rules of Conduct and Standards of Responsibility.

You can trust DHG

Deciding whether to hire a disability attorney or representative depends on your personal comfort with the SSDI process. While representation is not required, many find it beneficial—especially if they face a denial or need to go through the appeals process. Ensure that any representative you choose is qualified and adheres to the SSA’s guidelines.