Select Page

The Honest Answer to the Question Everyone Asks

The Honest Answer to the Question Everyone Asks

People call our office every week asking some version of this question: “Should I get a lawyer for Social Security disability in Los Angeles?” I understand why they ask. Hiring an attorney feels like a big step, and most people aren’t sure whether the cost is worth it or whether their case is strong enough to bother.

Here’s the honest answer – not the one designed to get you to sign a retainer, but the one that serves you. It depends on specific things I can walk you through right now.

When You Might Not Need an Attorney

I’ll start here because most disability articles skip this part. The truth is that some initial applications succeed without legal representation. If your condition clearly meets one of the SSA’s listed impairments – conditions in their official “Blue Book” – and your medical records are complete, well-documented, and current, you may get approved at the initial application stage without anyone’s help. Straightforward cases with strong treating physician support, objective diagnostic findings, and consistent treatment records do sometimes get approved on the first try.

I’m not going to pretend otherwise. You deserve an honest assessment.

That said, even in those “simple” cases, there are things an attorney does early that pay dividends later – reviewing your medical records before you apply, identifying gaps that could sink your claim, advising you on the best application timing. An attorney who gets involved before you submit can sometimes be the difference between a two-year fight and an approval in six months.

Why You Should Get a Lawyer for Social Security Disability in Los Angeles

The further into the process you go, the more an attorney matters. Here’s where I see the most impact.

At the ALJ Hearing Level

If you’ve been denied at the initial application stage and at reconsideration – which is the path most Los Angeles claimants end up on – your next stop is a hearing before an Administrative Law Judge. Understanding the four levels of Social Security disability appeals helps you see where legal representation matters most. This is where the process becomes genuinely complex, and where the gap between represented and unrepresented claimants is most visible.

The national ALJ allowance rate was 57 percent in fiscal year 2023, according to an SSA Office of Inspector General report. More than half of claimants who reach a hearing win. Represented claimants win at higher rates than those who go alone. I’ve watched unrepresented claimants lose cases they should have won – not because their conditions weren’t real, but because they didn’t know how to build the record or challenge the vocational expert’s testimony.

What an ALJ Hearing Actually Involves

At an ALJ hearing, you’re not just telling your story. The hearing involves:

  • A vocational expert who testifies about what jobs you can still do
  • A five-step sequential evaluation the ALJ uses to decide your case
  • A Residual Functional Capacity assessment that defines what work you can perform despite your impairments
  • Medical evidence that has to be organized and presented in SSA’s own framework
  • Credibility findings about your reported symptoms and daily activities

Cross-examining a vocational expert is one of the most technically demanding parts of a disability hearing. These experts cite Dictionary of Occupational Titles codes, job incidence numbers, and assumptions about functional limitations. Challenging them effectively requires knowing the regulations and exactly which questions to ask – not something most people can do on their own.

When the Medical Picture Is Complex

Many of my Los Angeles clients have overlapping conditions – chronic pain combined with depression, or a physical impairment compounded by anxiety. The SSA must consider the combined effect of all impairments. For more on which conditions qualify, see our guide on conditions that qualify for Social Security disability in California. Multi-condition cases require careful development of the medical record to ensure every diagnosis is documented and every limitation is supported.

If you’ve been treating at LAC+USC Medical Center, Harbor-UCLA, Cedars-Sinai, or community health clinics across Los Angeles County, there’s often a gap between what’s in your chart and what the SSA needs. An attorney bridges that gap – requesting specific records, securing treating physician opinions in the right format, and making sure the ALJ’s record is complete.

When Deadlines Are at Risk

The appeal deadlines in Social Security cases are strict. Under 20 C.F.R. § 404.909, you have 60 days from the date you receive a denial notice to file an appeal, plus a five-day mail presumption – 65 days total. Miss that window and you start over with a new application date, a new waiting period, and the potential loss of months of back pay that can never be recovered. SSI back pay runs only from your application month forward, so a delayed re-filing costs you just as much in that context. Having an attorney means someone tracks every deadline for you.

Why “I Can’t Afford a Lawyer” Is Almost Never True

This is the concern I hear most often, and it’s almost always based on a misunderstanding. Disability attorneys don’t charge hourly rates. There’s no retainer. There’s no invoice at the end of the month.

Here’s how it actually works: if you win, your attorney’s fee is 25% of whatever past-due benefits SSA awards – and that percentage is capped at $9,200 by federal policy (POMS GN 03940.003). SSA calculates the fee, withholds it from your back pay, and sends it directly to your attorney. You never handle the payment yourself. If your case doesn’t succeed, the fee is zero – not reduced, not deferred, but zero. Congress set it up this way because people who can’t work shouldn’t have to gamble their savings on legal representation.

What an Attorney Actually Does in Your Case

If you hire Devermont & Devermont, here’s what representation looks like in practice:

Before You Apply

We review your medical records for gaps before you file – conditions not yet documented, limitations not formally assessed, treatment patterns that could hurt your claim. We also advise on timing. Filing too early, before your condition is documented, can sink your case. Filing too late can cost you work credits. Getting it right the first time matters.

During the Application and Reconsideration Stages

We help you complete the application accurately, gather supporting medical evidence, and respond to SSA requests. When the initial denial comes – and statistically, it often does – we file the reconsideration request and begin building toward the ALJ hearing.

At the ALJ Hearing

We prepare your hearing strategy: securing updated medical opinions, preparing you for testimony, and developing your case within SSA’s five-step sequential framework. At the hearing, we present evidence and cross-examine the vocational expert. Under 20 C.F.R. § 404.1710, your representative has the right to act on your behalf throughout the process.

On Appeal

If the ALJ denies your claim, we evaluate whether to appeal to the SSA’s Appeals Council or to the U.S. District Court for the Central District of California. Learn more about the Social Security disability appeal timeline in Los Angeles. Not every denial warrants federal court – but when the ALJ made a legal error, we pursue it.

Three Generations of Los Angeles Disability Representation

Devermont & Devermont has represented disabled claimants in Los Angeles for three generations. We know the local ALJ offices, the hearing process, and what the SSA needs to see. Los Angeles presents specific challenges – a large hearing office, a complex medical system, and a cost of living that makes delayed benefits especially painful. We work with clients throughout LA County, from the San Fernando Valley to the South Bay. If you’re trying to get disability benefits in Los Angeles, this is what we do.

Frequently Asked Questions

Should I get a lawyer before I apply for Social Security disability in Los Angeles, or wait and see?

Before you apply is often the best time to get involved with an attorney. We can review your medical records, identify documentation gaps, and advise on timing before you file. Getting the application right the first time can save you years in the appeals process. Call us for a free, no-obligation consultation before you apply.

Is it too late to hire a lawyer if I’ve already been denied twice?

Not at all – in fact, the ALJ hearing after two denials is where an attorney’s impact is greatest. The national ALJ approval rate was 57 percent in FY2023, and most of those claimants had already been denied at the initial and reconsideration levels. If your hearing hasn’t happened yet, there’s still time to build the record. If it has and you lost, we can evaluate whether an Appeals Council or federal court appeal makes sense.

What’s the difference between a disability attorney and a non-attorney representative?

Both can represent you before SSA, but an attorney can also take your case to federal court if the ALJ and Appeals Council deny your claim. Non-attorney representatives are limited to the administrative process. At Devermont & Devermont, we handle cases through every level, including the U.S. District Court for the Central District of California. The fee structure – 25% of back pay, $9,200 cap, paid only if you win – is the same for both types of representatives.

Will hiring a lawyer slow down my case?

No – the opposite is usually true. An attorney who gets involved early can prevent the errors and missing records that cause delays later. We’ve seen cases stall for months because a claimant submitted incomplete function reports or failed to respond to an SSA request. Having someone track every deadline and submission from the start typically moves the case forward faster, not slower.

What happens at an ALJ hearing and why do I need a lawyer for it?

The hearing is a formal proceeding with sworn testimony, a vocational expert, and a judge applying SSA’s regulatory framework to your medical record. Your attorney cross-examines the vocational expert, presents RFC evidence, and makes legal arguments the judge is trained to weigh. Claimants who go in unrepresented consistently fare worse – not because their conditions are less serious, but because they don’t know the rules of the arena they’re in.

Can I get Social Security disability back pay if I hire a lawyer?

Whether you’re entitled to back pay depends on your onset date and application date – not your attorney. What an attorney does is help establish the earliest possible onset date, avoid mistakes that reduce your benefits, and win your case as early in the process as possible. SSDI back pay can cover 12 or more months of delayed payments. SSI back pay runs from your application month forward.

What if I can’t get to a law office in Los Angeles?

Getting around LA when you’re disabled is genuinely hard. If you’re wondering whether you should get a lawyer for Social Security disability in Los Angeles but can’t travel easily, we work with clients throughout LA County and can consult by phone or video. Call us at (310) 730-7309 and we’ll find an approach that works for your situation.

Get a Free Consultation Today

If you’re asking whether you should get a lawyer for Social Security disability in Los Angeles, the answer in most cases is yes. The best way to know for sure is a free consultation – no cost, no obligation. We’ll review your situation and tell you honestly where your case stands.

Call Devermont & Devermont at (310) 730-7309. We work on contingency – if we don’t win, you don’t pay. Three generations of Los Angeles disability representation are ready to go to work for you.

The information in this article is general legal information, not legal advice specific to your case. For advice about your individual situation, please consult a qualified disability attorney.

About The Author

Derek Devermont is the third generation of Devermonts to represent disabled individuals in their pursuit of Social Security Disability and SSI benefits. When he wasn’t in school, he spent his childhood following his father and grandfather from courtroom to courtroom.

Skip to content