How to Work With a Lawyer to File a VA Disability Claim

Quick Answer

On a VA claim, the law does not let an attorney charge for your initial filing, so file that first, on your own or with a free accredited representative. If you are denied, that is when to bring in a lawyer to appeal. Social Security disability is different: a lawyer helps, and is paid, from day one.

Key Takeaways

• Work with a lawyer at the right stage. For a VA claim, an attorney cannot charge for the initial filing, so handle that step first and bring in a lawyer if you need to appeal.
• Do not wait to file. You do not need a paid attorney to start a VA claim, and you should not delay filing while you look for one. File the initial claim, then reach out if you are denied.
• Social Security disability works differently. A lawyer can represent you, and be paid, starting with the initial SSDI or SSI application, and staying represented early helps you avoid the errors that sink many claims.
• For Social Security, you pay nothing unless you win. Fees are capped at 25 percent of your past-due benefits, up to $9,200 in 2026, and come out of back pay only if your claim succeeds.
• We handle both. The Law Office of Daniel Martin helps with Social Security disability from the initial filing and represents veterans on VA appeals.

Two Different Systems, Two Different Rules

Many people ask how a lawyer fits into a disability claim after hearing, often from a veteran friend or an online forum, that a lawyer is not allowed to file a claim for you. That belief comes from a real rule, but it gets the rule slightly wrong. The confusion also comes from the fact that disability benefits in the United States come from two separate government programs, each with its own rules:

• Social Security disability, run by the Social Security Administration. This includes Social Security Disability Insurance (SSDI) for people with a qualifying work history and Supplemental Security Income (SSI) for people with limited income and resources.
• Veterans (VA) disability, run by the U.S. Department of Veterans Affairs. This is compensation for injuries and conditions connected to military service.

The rule people are thinking of lives in the VA system, and it is about fees, not about whether a lawyer can help. Once you see what it actually says, the smartest way to work with a lawyer becomes clear.

The VA Rule: A Limit on Fees, Not on Help

In the VA system, the rule limits what an attorney can be paid, not whether an attorney can help. A lawyer or accredited representative can assist a veteran with an initial claim. What the law prohibits is charging or accepting a fee for that initial work.

Congress built this protection into the law that governs veterans benefits. Under 38 U.S.C. Section 5904 and its regulation, 38 C.F.R. Section 14.636, an accredited attorney or claims agent may not charge or accept a fee for preparing and filing an initial claim for benefits.

A fee becomes permissible only after all of the following happen:

1. The VA regional office (the agency of original jurisdiction) issues a decision on the claim.
2. The veteran files the appropriate appeal, such as a Supplemental Claim, a Higher-Level Review, or an appeal to the Board of Veterans’ Appeals.
3. The attorney files a power of attorney and a fee agreement with the VA.

The purpose is to protect veterans from being charged for the very first step of a process the government wants to keep accessible. Because that initial work cannot be billed, most veterans get the initial claim filed through free accredited Veterans Service Organizations, and attorneys typically step in at the appeal stage. Charging a fee on an initial claim violates the VA Standards of Conduct and can cost an attorney the accreditation required to practice before the VA. At the appeal stage, a contingency fee of 20 percent or less is presumed reasonable.

How to Work With a Lawyer on a VA Disability Claim

Here is the practical roadmap, and it is the honest one:

4. File your initial claim without paying a lawyer. Because an attorney cannot charge for initial-claim work, there is no reason to hire one for this step. You can file on your own or with a free accredited Veterans Service Organization.
5. Wait for the VA’s decision. Most of the value a lawyer adds comes after this point, so there is no need to contact an attorney until you have your initial decision in hand.
6. If you are denied or underrated, bring in a lawyer for the appeal. This is the stage where representation matters most and where an attorney can be retained. A Supplemental Claim, a Higher-Level Review, or an appeal to the Board are the paths forward.

In short, you do not need to reach out to a lawyer to get your VA claim started. Get it filed, and if the answer is no or the rating is too low, that is when we can help.

Where the Law Office of Daniel Martin Fits In

Daniel Martin is one of the few attorneys in middle Tennessee accredited by the VA Office of General Counsel, and he is admitted to the U.S. Court of Appeals for Veterans Claims. For veterans, that means our role is on the appeal: once the VA has issued a decision and you need to challenge a denial or a rating that is too low, we can represent you and be retained for that work. You can read more about our veterans disability representation.

Social Security Disability Is Different: A Lawyer Can Help From Day One

There is no rule that keeps a lawyer from helping you file a Social Security disability claim, and no rule against being paid for that work. An attorney can represent you from the initial application forward, and being represented early is one of the best things you can do for your claim. This is the heart of what our firm does. We help clients with Social Security disability from the first application through every level of appeal.

Social Security regulates what a disability lawyer can charge, so the arrangement is predictable and low risk. Under the standard fee agreement process, the fee is 25 percent of your past-due benefits, capped at $9,200 in 2026, whichever amount is lower. You do not pay out of pocket, and the fee is collected only if you win and only from your back pay. Beginning in 2026, that cap is reviewed each year for cost-of-living adjustments.

Early representation matters because roughly two out of three initial Social Security disability claims are denied nationwide. Many of those denials trace back to problems a lawyer is trained to prevent: incomplete medical documentation, missed deadlines, inconsistent statements, and misunderstandings about how the Social Security Administration defines disability.

SSDI and SSI: A Quick Distinction

Social Security runs two disability programs, and people often mix them up. Social Security Disability Insurance (SSDI) is for workers who paid into the system through payroll taxes and have earned enough recent work credits. Supplemental Security Income (SSI) is a needs-based program for people with limited income and resources, regardless of work history. Some applicants qualify for both. A lawyer can help you apply for either or both from the start, and part of our job is making sure you pursue every benefit you are entitled to.

What a Disability Lawyer Does on a Social Security Claim

• Reviews your work history and medical situation to assess whether you meet Social Security’s strict definition of disability before you apply.
• Identifies the medical listing in Social Security’s Blue Book that best fits your condition and builds the claim around it.
• Gathers your medical records and, where helpful, supporting opinions from your treating providers.
• Completes the function reports and work-history forms that trip up many applicants.
• Tracks every deadline so a paperwork mistake never costs you your claim.
• Prepares you for what comes next, including reconsideration and a hearing before an administrative law judge if needed.

The Social Security Disability Process, Step by Step

Understanding the stages of a Social Security disability claim shows exactly where a lawyer adds value, starting with the very first one:

7. Initial application. You file with the Social Security Administration and submit medical evidence. Unlike a VA claim, a lawyer can represent and be paid at this stage, so we prepare and file it with you.
8. Reconsideration. If the initial claim is denied, the next step in most states is a request for reconsideration, where a different reviewer looks at the file. We use it to fill the gaps that led to the denial.
9. Hearing before an administrative law judge. If reconsideration is denied, you can request a hearing. This is often the best opportunity for approval, and having a representative who can prepare you and question the evidence matters most here.
10. Appeals Council and federal court. If the hearing decision is unfavorable, the Appeals Council and then federal court remain options. We stay with clients through every level.

Common Reasons Initial Disability Claims Are Denied

Most initial Social Security disability claims are denied, and the reasons are often preventable. The most common include:

• Insufficient medical evidence to document the severity of the condition.
• A gap in treatment, or a record that does not clearly connect the condition to an inability to work.
• Earning too much income during the application period (above Social Security’s substantial gainful activity limit).
• Missed deadlines at any stage, which can force you to start over.
• Failure to follow prescribed treatment without a good reason.
• Incomplete or inconsistent forms describing daily activities and work history.

Each of these is something a disability lawyer works to prevent from the outset. That is the practical reason to have representation from the initial filing of a Social Security claim.

VA Disability and Social Security Disability, Side by Side

Filing for Disability in Tennessee

Social Security disability is a federal program, so the rules are the same in Clarksville as they are anywhere else in the country. You can apply online, by phone, or through a local Social Security field office, and hearings for Middle Tennessee claimants are handled through the Social Security hearing offices that serve the Nashville area. What changes from firm to firm is the experience and attention you receive.

Our practice is built on deep Tennessee roots and a family tradition in disability law. Daniel Martin is a fourth-generation Clarksville native who has worked on disability cases since 2011. His father, Peter Martin, is a U.S. Navy veteran who spent more than 40 years building disability law practice in Tennessee and brings a personal understanding to the veterans we serve. You can meet the people behind the firm on our team page, and learn more about Daniel Martin’s background and credentials. We also handle Social Security cases nationwide.

Example Scenarios

A veteran starting a VA claim

A veteran wants to pursue a first-time claim for service-connected disability compensation. Because an attorney cannot charge for initial-claim work, there is no need to hire a lawyer for this step. The veteran files the initial claim on their own or with a free accredited representative. If the VA denies the claim or assigns a rating that is too low, that is when we step in to handle the appeal, where representation makes the biggest difference and where an attorney can be retained.

A TN resident applying for SSDI for the first time

A Tennessee resident can no longer work because of a serious medical condition and is about to apply for Social Security disability. Here there is no fee restriction. We take the case from the initial application, build the medical record, complete the forms correctly, and manage the process, with no fee unless the claim is approved.

A Social Security applicant who was already denied

Someone applied for Social Security disability on their own and received a denial, which is what happens to most initial claims. We step in for the appeal, identify what was missing, strengthen the medical evidence, and represent the client through reconsideration and a hearing.

Frequently Asked Questions

When should I contact a lawyer about my VA claim?

After you have filed your initial claim and received a decision. If the VA denies your claim or gives you a rating that is too low, that is the right time to bring in a lawyer for the appeal. You do not need a paid attorney to get the initial claim filed.

Why can’t my lawyer charge to file my initial VA claim?

Federal law does not allow attorneys or accredited agents to charge a fee for preparing and filing an initial VA claim. It is a protection for veterans. A fee is allowed only after the VA issues a decision and you move to an appeal.

Who files my initial VA claim, then?

You can file it yourself, or a free accredited Veterans Service Organization can help you at no cost. Attorneys generally become involved at the appeal stage, once the VA has issued a decision.

Can I hire a lawyer for my first Social Security disability application?

Yes. There is no rule preventing it, and no rule against paying a lawyer for that work. An attorney can represent you from the initial application, and getting help early can improve how your claim is prepared and documented.

Does hiring a disability lawyer cost anything upfront?

No. We work on a contingency basis for Social Security disability. You pay nothing upfront, and the fee comes out of your past-due benefits only if you win, within the limits set by the Social Security Administration.

Will a lawyer guarantee my claim is approved?

No honest lawyer can guarantee an outcome. What representation does is make sure your claim is prepared thoroughly, documented properly, and presented in the strongest way the facts allow.

Talk With the Law Office of Daniel Martin

For veterans, the smartest first move is to file your initial claim, on your own or through a free accredited representative, since a lawyer cannot charge for that step. If the VA denies your claim or the rating is too low, that is when to contact us to handle your appeal. For Social Security disability, reach out from the very first application. Consultations are always free, and for Social Security cases you pay nothing unless we win. You can also learn more about our Social Security disability and veterans disability representation.