Becoming a Disability Lawyer

By Reina Kabbara and Gia Scotti

Specific Areas of Study One Can Take to Prepare  

Preparing for a career in disability law requires an academic foundation that blends legal training with public policy, healthcare systems, and social justice frameworks. At the undergraduate level, many students begin with majors such as public health, social work, psychology, sociology, or political science, because these fields help explain how laws and institutions shape the experiences of people with disabilities (National Council on Disability, 2022). Some schools also have disability studies programs, which emphasize the lived experiences of disabled individuals and support a client-centered approach to training (West & Gibson, 2020). 

In law school, aspiring disability lawyers typically pursue coursework in civil rights law, education law, employment discrimination, health law, Social Security Disability Insurance (SSDI), and administrative law (American Bar Association, 2023). Many law students also engage in legal clinics focused on disability rights, civil rights litigation, or health justice, gaining hands-on experience working with real clients under supervision. 

Hours and Pay in Comparison to Other Legal Professions  

A disability lawyer provides services to individuals who are applying for SSDI claims appealing denied benefits. (Vandiver, 2023). Disability lawyers are paid on a contingency basis, meaning that they only get paid if the client wins, or in this case, if the claim is approved. (Vandiver, 2023). A disability lawyer can help with the application process by evaluating if the client has a case; reviewing medical records; contracting medical providers; requesting copies of records; filling out or double-checking the accuracy of the disability application; preparing documentation to appeal a denied application; and representing the client’s case if an appeal is denied. (Vandiver, 2023). Unfortunately, this process is time consuming and complex, and missing a minor piece of information can cause great delay up to two years. (Vandiver, 2023).

As mentioned, a disability lawyer only gets paid if the client wins the SSDI case. The fee is generated from the “back pay” the client is awarded, which is the amount one should have been receiving from the time the person became disabled to the time that the application is approved. (LegalClarity Team, 2025).The lawyer’s fee is generally 25% of that “back pay,” and can not be more than $9,200 as of November 30, 2024. (LegalClarity Team, 2025). For example, even if a claimant is awarded $40,000 in back pay, 25% would be $10,000, but the cap would still apply by only awarding $9,200 in attorney’s fees. (LegalClarity Team, 2025). This fee covers a variety of legal services including reviewing the initial application and any subsequent denials, gathering medical records, communicating with the Social Security Administration (SSA) on the claimant's behalf, and handling appeals. (LegalClarity Team, 2025). If the client wins, the SSA pays the lawyer directly, but if the client loses, the client owes no attorney fee at all. (LegalClarity Team, 2025). This ensures fairness among all clients as most cannot pay upfront for the legal services. (LegalClarity Team, 2025).

The contingency fee structure is used so that legal representation is accessible to a broad range of individuals, and allows them to obtain proper legal representation throughout the whole process without initial payment. (LegalClarity Team, 2025). Ultimately, this leads to the attorney investing significant time and resources into a claim and is more motivated to achieve a favorable outcome. (LegalClarity Team, 2025). Furthermore, it has shown that applicants using an attorney were awarded SSDI benefits 2.9 times more than those who did not have representation, thus leading to another reason why it is advantageous to secure a disability lawyer. (Vandiver, 2023). Although it is not required to hire a disability lawyer, it can be instrumental in helping with understanding the application process, the medical documentation needed, and if the initial application was initially denied. (Vandiver, 2023).

Examples of Various Cases That a Disability Lawyer May Take On

Disability lawyers work across multiple legal disciplines to protect individuals whose disabilities create barriers to employment, education, housing, public accommodations, and essential services. Their work is rooted in several federal civil-rights statutes, including the Americans with Disabilities Act (ADA), the Rehabilitation Act of 1973, the Individuals with Disabilities Education Act (IDEA), the Fair Housing Act (FHA), and the Social Security Act. Together, these laws form the foundation of the diverse cases disability attorneys manage.

One of the most common areas of practice involves representing clients in SSDI and Supplemental Security Income claims. Because the Social Security Administration frequently denies initial applications, even when the claimant has substantial medical evidence, disability lawyers play a critical role in gathering records, preparing legal arguments, and representing individuals at hearings to demonstrate eligibility under the Social Security Act’s definition of disability (Social Security Administration, 2023). These cases often determine whether clients can access the financial and medical support they need to maintain a basic quality of life.

Another significant portion of disability law involves workplace discrimination and the denial of reasonable accommodations. Under Title I of the ADA, employees are legally entitled to accommodations such as modified schedules, adaptive technology, medical leave, or reassignment to vacant positions when necessary (U.S. Equal Employment Opportunity Commission, 2024). Disability lawyers intervene when employers refuse these accommodations, retaliate against employees, or terminate them based on disability-related limitations, thereby enforcing federal protections against discriminatory practices (U.S. Equal Employment Opportunity Commission, 2024).

Disability attorneys also advocate for students whose schools fail to comply with IDEA or Section 504 of the Rehabilitation Act. These cases arise when educational institutions deny evaluations, refuse to provide special-education services, or implement inadequate Individualized Education Programs (U.S. Department of Education, 2022). Lawyers ensure that students with disabilities receive the supports, accommodations, and behavioral interventions they are legally entitled to, especially when disciplinary actions are unfairly tied to disability-related behaviors (U.S. Department of Education, 2022).

Across all of these contexts, disability lawyers work to enforce civil rights protections and ensure equitable access to opportunities and resources. Their cases, whether involving federal benefits, workplace rights, education, and more, reflect a more general legal commitment to full societal participation and inclusion for individuals with disabilities.

References

American Bar Association. (2023). Disability rights law. ABA. https://www.americanbar.org/groups/disabilityrights/

LegalClarity Team. (2025, August 29). How much do Social Security Disability lawyers charge? LegalClarity. Retrieved November 16, 2025, from https://legalclarity.org/how-much-do-social-security-disability-lawyers-charge/

National Council on Disability. (2022). Understanding disability policy and law. NCD. https://ncd.gov/publications

Social Security Administration. (2023). Disability evaluation under Social Security. https://www.ssa.gov/disability/

U.S. Department of Education. (2022). A parent’s guide to the Individuals with Disabilities Education Act. https://www.ed.gov/

U.S. Equal Employment Opportunity Commission. (2024). ADA enforcement and guidance. https://www.eeoc.gov/

Vandiver, W. (2023, August 7). Disability Lawyers: What They Do and How Much They Cost. MRT / NerdWallet. Retrieved November 16, 2025, from https://www.mrt.com/business/personalfinance/article/disability-lawyers-what-they-do-and-how-much-18283473.php

West, J., & Gibson, S. (2020). Introduction to disability studies (2nd ed.). Routledge.

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