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Why There Simply is No Substitute for a Good Disability Attorney

Our offices are contacted many times per week by people who applied for disability on their own and were denied. Now they feel “behind the 8 ball” and seek professional assistance. Luckily for them, we are usually able to salvage the case by shoring up weak spots and building a stronger case for appeal.

People are hesitant to contact attorneys, even when they absolutely should, because of the general attitude about them. People believe that an attorney may overbill them, that they will complicate matters, or that they are simply unnecessary. In the case of disability attorneys, nothing could be further from the truth.

Disability attorneys only collect fees if their clients are approved for disability. They only take a small percentage of each payment until their fees are covered. And there is a cap as to how much they can charge. As of November 30, 2024, the maximum fee Social Security disability attorneys can charge is the lesser of 25% of your past-due benefits (back pay) or $9,200. Most cases will never see near that amount in fees.

Based on Social Security Administration (SSA) data and industry research, the vast majority of initial disability applicants—roughly 80% to 85%—file themselves (pro se) without hiring a lawyer or professional representative at the initial application stage. There is nothing wrong with this if the case is cut-and-dry and the applicant is confident in their ability to file the application correctly. But most cases are not. This is one reason that 75%+ of applications are denied.

Recently, a woman in Illinois used ChatGPT to see what it had to say about her case. She had already settled on an agreement with Nippon Life Insurance regarding a long-term disability lawsuit. Apparently, she wasn’t happy with the results and turned to the popular AI app.

After using the app, she decided to fire her attorney and file a new lawsuit seeking a new settlement. Mind you, she had already signed a full release, and the case was dismissed with prejudice, meaning it can’t be refiled. Using ChatGPT, she filed a new case, flooding the docket with dozens of filings. The life insurance company was forced to defend itself against all these new filings and is now suing ChatGPT itself, claiming they are out $300,000 in legal fees as a result.

The bottom line is that there is simply no replacement for a well-trained and practiced disability attorney. An applicant’s best bet is to hire a qualified attorney and trust their advice throughout the process. Your attorney will fight for you and help you avoid pitfalls which they have witnessed many times themselves.