General information only. Disability Prep is not a law firm, does not give legal advice, and is not affiliated with or endorsed by the Social Security Administration.
If you are in your 50s or early 60s and your health has pushed you out of work, you may be hearing both words: "advocate" and "lawyer." Ads use them in different ways, and some law firms call themselves advocates too. This page explains what each one is, what each one can do, and how to choose.
What is a disability advocate?
A disability advocate is a person who helps with disability claims but is not a lawyer. You may also hear "non-attorney representative." Many advocates work only on Social Security disability claims.
Some advocates meet extra federal requirements so that Social Security can pay their fee directly. In general, those requirements include a college degree or similar work experience, a background check, passing a test on Social Security rules, carrying insurance, and taking ongoing classes. Not every advocate has done this, so it is fair to ask.
What is a disability lawyer?
A disability lawyer is a licensed attorney. Lawyers have a law degree, passed a state bar exam, and must follow their state's rules for lawyers. Some lawyers handle only disability claims. Others handle many kinds of cases.
What both can do
Once you appoint one, an advocate or a lawyer can usually:
- Help you get ready to apply or appeal
- Gather medical records from your doctors and clinics
- Talk with Social Security for you and keep track of deadlines
- Help after a denial
- Go with you to a hearing and speak for you there
Side-by-side comparison
| Disability advocate | Disability lawyer | |
|---|---|---|
| Licensed attorney | No | Yes |
| Can help with the first application | Yes | Yes |
| Can help with appeals inside Social Security | Yes | Yes |
| Can be with you at a hearing | Yes | Yes |
| Can take your case to federal court | No | Yes |
| How fees usually work | Set by federal rules, authorized by Social Security, usually paid from back pay only if you win | Same |
| Watch for | Ask if they can be paid directly by Social Security | Ask how much of their work is disability claims |
How fees usually work
You usually do not pay an advocate or a lawyer up front for a disability claim. In most cases:
- The fee is limited by federal rules and must be authorized by Social Security.
- It usually comes out of your past-due benefits (back pay), and only if your claim is won.
- If the claim is not won, there is usually no fee for the work itself.
One thing to check: some representatives charge separately for costs like copies of medical records or postage, and some say they do not. Ask about this before you sign, and ask for every fee and cost in writing. Our post on SSDI back pay explains what back pay is.
When the difference may matter
For many people, the difference never comes up. It may matter more if:
- Your case could go all the way. If you are denied at every Social Security level, only a lawyer can take the case to federal court. Most claims never reach this point.
- Your case is complex. For example, several health problems, a past denial, gaps in work, or other benefits that affect each other. Ask any representative how often they handle cases like yours.
- You want help early. Some representatives prefer to take cases only after a denial. Others help with the first application. If you want help now, ask.
Questions to ask before you choose
Write the answers down. A good representative will be glad to answer.
- Are you a lawyer or a non-attorney advocate?
- If you are an advocate, can Social Security pay your fee directly?
- How many disability claims do you handle, and how many are like mine?
- Will you help with my first application, or only after a denial?
- Who will work on my case day to day, and how will you keep in touch?
- Will you be with me at a hearing if I have one?
- How is your fee figured? Will you charge for anything else, like records?
- Will you put all of this in writing?
Is there free help?
Yes, in some cases. You can apply on your own, and there is no fee to file. A family member can help you get organized. Some local legal aid offices help people with low incomes for free, but who they can help and how long the wait is varies by area. Our page on ways to get help applying for SSDI compares free and paid options.
Why this matters after 50
If you are 50 to 63, your age, education, and past work are part of a disability review. That is true whether or not you have a representative. Whoever helps you should understand how those factors work. Our guide to applying for disability after 50 explains more.
No matter who you choose, the same things help most: steady medical care, clear records, and honest, specific examples of what you can no longer do. Our posts on keeping a symptom journal and what to gather before talking to an advocate can help you get ready.
Where Disability Prep fits
Disability Prep is not an advocate or a law firm, and we do not represent anyone. We offer free preparation tools. If you would like, our free screening can connect you with a participating disability advocate or representative. That only happens if you say yes, and your information is not shared without your permission.