Need advice for SSDI appeal after denial - attorney worth the fee?
Just got my denial letter for SSDI after waiting 5 months and I'm devastated. My doctor says my rheumatoid arthritis and fibromyalgia make it impossible for me to stand more than 20 mins or sit at a desk for hours. I worked in accounting for 22 years until the pain got unbearable last year. The denial letter says 'you can still perform sedentary work' which is complete BS! I can barely type for 30 minutes without my hands swelling up. I'm looking into appealing but don't know where to start. Has anyone here successfully appealed with a lawyer? How do you even find a good one? I'm worried about the fees - they take 25% of backpay up to $7,500 I think? Is it worth it or should I try doing the reconsideration myself? My savings are running out fast.
18 comments
Diego Vargas
u absolutely need a lawyer. i tried doing reconsideration myself and got denied AGAIN. finally got a lawyer for the hearing level and won. they only get paid if u win so its worth it, trust me. make sure u get one that ONLY does ss disability cases, not some general lawyer who does everything
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Chloe Harris
•Thanks for the advice! Did you interview multiple lawyers or just go with the first one? I'm scared of getting someone who won't really fight for me.
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NeonNinja
I work as a paralegal at a disability law firm, and I can tell you that having representation significantly increases your chances of approval. For reconsideration (the first appeal level), approval rates are only about 13% nationally. At the hearing level, represented claimants have roughly a 60% approval rate versus about 45% for unrepresented. The fee is set by Social Security - 25% of backpay up to $7,500 maximum. This is only paid if you win. Look for attorneys who specialize exclusively in Social Security disability and have experience with your specific conditions. The lawyer should explain how they'll develop medical evidence to counter SSA's findings about your ability to perform sedentary work.
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Anastasia Popov
•Is it true they can charge extra fees on top of the 25%??? I heard some lawyers bill for medical records and stuff. My cousin got hit with like $2000 in 'expenses' after her case!
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Sean Murphy
RA and fibro are tough cases because they're largely invisible disabilities. I'm a disability advocate (not a lawyer) and I see denials for these conditions frequently. For your appeal, you absolutely need better medical documentation that specifically addresses your functional limitations. Your doctors need to document exactly HOW LONG you can sit, stand, walk, lift, carry, etc. per day. A good disability attorney will send functional assessment forms to your doctors, get detailed statements, and possibly arrange for additional testing if needed. They'll also prepare you extensively for your hearing (if it gets to that stage), which makes a HUGE difference.
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Zara Khan
•100% agree! My wife got denied 2x for fibromyalgia before we found a lawyer who actually understood what to do. Big difference was getting her rheumatologist to document specific limitations like u said. Judge approved her claim in 10 mins at the hearing.
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Luca Ferrari
DONT WASTE UR TIME WITH RECON!!! its just another denial!!! go straight to hearing level and get a lawyer NOW!!! the whole system is RIGGED to deny you the first 2 times no matter what!! they KNOW most people give up after 1-2 denials and thats EXACTLY what they want!!!
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NeonNinja
•This isn't accurate. You cannot skip the reconsideration level - it's a required step in the appeals process. And while approval rates at reconsideration are low, they're not zero. I've seen many claims approved at this level, especially with proper representation and additional medical evidence.
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Nia Davis
I had a similar situation with MS. My advice: call several attorneys before choosing one. Ask how many cases like yours they've handled, their success rate, and how they communicate with clients. Some barely talk to you until the hearing! Also, while waiting for the appeal process (which can take 1-2 years), make sure you're seeing your doctors regularly and documenting EVERYTHING. Keep a daily pain/activity journal. Note days you can't get out of bed, side effects from medications, activities you can no longer do. This documentation helps tremendously. I found getting through to SSA impossible during my appeal - just endless busy signals and disconnections. I finally used a service called Claimyr (claimyr.com) that got me through to an actual person. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU - it saved me so much frustration when I needed to check my appeal status.
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Chloe Harris
•Thank you for these practical tips! I never thought about keeping a pain journal but that makes so much sense. And I'll definitely check out that service - I've been trying to get through to my local office for days with no luck.
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Zara Khan
my cousins neighbor got approved without a lawyer just sayin
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Sean Murphy
•This does happen, but it's much less common. Approval without representation typically occurs when the medical evidence is exceptionally clear-cut (like advanced cancer) or when the claimant meets a Listing exactly. For conditions like RA and fibromyalgia that require more subjective evaluation, professional representation substantially increases approval chances.
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Anastasia Popov
SSA DENIED ME 3 TIMES!!!! with the EXACT SAME LETTER EACH TIME!!!! they dont even READ your file!!!! I finally got approved after my hearing but it took 3.5 YEARS!!!! the whole system is designed to make you give up or DIE WAITING!!!!!
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Diego Vargas
•yep thats how they do it. make the process so long and painful that people just give up. my hearing was scheduled then canceled TWICE before i finally got in front of a judge
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Sean Murphy
One more thing to consider: the lawyer should be willing to withdraw if they don't think they can win your case. Be wary of anyone who promises they can definitely win - honest attorneys will tell you your odds based on your specific situation. Also ask if they'll handle your case personally or if you'll be working primarily with paralegals.
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Chloe Harris
•That's good to know. Do you think it's better to use a local attorney who can meet in person or does it not really matter since everything is remote now?
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Nia Davis
I forgot to mention: once you hire a lawyer, make sure they get ALL your medical records, not just from specialists. My general doctor had notes about my fatigue and cognitive issues that ended up being crucial evidence. Also, if you've been hospitalized for your condition, those records are extremely important.
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Luca Ferrari
•also get statements from family/friends who see ur struggles everyday!! my sister wrote a letter about how she has to help me with basic tasks and the judge mentioned it specifically during my hearing!!
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