Understanding Social Security Disability Representation
We believe people should understand their options before making decisions about representation. Below are answers to common questions about Empower, free representation, SSDI, SSI, appeals, hearings, and the Social Security disability process.
The Most Important Things to Know
Who Can Represent You Before Social Security?
Many people assume that only attorneys may represent Social Security disability claimants. Social Security also permits qualified non-attorney representatives to represent claimants before the agency.
What is a non-attorney representative?
A non-attorney representative is a person who may be appointed by a claimant to act as the claimant’s representative before the Social Security Administration.
A representative may assist with activities such as reviewing a claim, communicating with Social Security, submitting evidence, helping prepare appeals, preparing a claimant for an administrative hearing, and representing the claimant during proceedings before SSA.
Empower Representation provides Social Security disability advocacy and representation through qualified representatives without charging the claimant a representation fee.
Is it legal for someone who is not an attorney to represent a Social Security disability claimant?
Yes. Social Security’s rules permit claimants to appoint qualified individuals who are not attorneys to act as their representatives before SSA.
Representation before Social Security is different from representing someone in a state or federal court. Empower’s work focuses on Social Security administrative claims and proceedings.
Is Empower Representation a law firm?
No. Empower Representation, Inc. is an independent nonprofit organization focused on Social Security disability advocacy and representation.
Our representatives assist claimants within the Social Security administrative process. Information provided on this website is not presented as legal advice.
Is Empower affiliated with the Social Security Administration?
No. Empower Representation is not part of the Social Security Administration, is not a government agency, and is not endorsed by or affiliated with SSA.
We represent the interests of the claimant, not the government.
What exactly can Empower do for my case?
Depending on the stage and circumstances of the claim, Empower may assist with:
- Reviewing the disability claim and available evidence.
- Helping develop medical evidence.
- Requesting and organizing records.
- Submitting claim documentation and forms.
- Communicating with the Social Security Administration.
- Helping respond to SSA requests.
- Preparing and filing appropriate appeals.
- Reviewing the medical and administrative record.
- Preparing the claimant for an Administrative Law Judge hearing.
- Developing case strategy based on Social Security rules and the evidence.
- Representing the claimant during appropriate SSA administrative proceedings.
- Addressing testimony from vocational or medical experts when applicable during a hearing.
The work required varies from case to case because every claimant’s medical history, work history, evidence, and procedural stage are different.
Is Empower Really Free?
Yes. Empower was created specifically to reduce the financial barrier that can come with obtaining representation during a disability claim.
Keep 100% of Your Back Pay
Empower does not charge claimants a representation fee or take a percentage of Social Security disability back pay for the representation we provide.
Is your service really free?
Yes. Empower Representation is a nonprofit organization, and the representation we provide is offered without charging the claimant a professional representation fee.
Our mission is funded through donations, grants, sponsorships, and other charitable support rather than by taking a portion of a claimant’s benefits.
Does Empower take any of my back pay?
No. Empower does not take a percentage of the claimant’s Social Security disability back pay as a representation fee.
Our model is designed so that 100% of retroactive and future Social Security benefits remain with the claimant.
What does it mean that Empower does not use SSA direct payment?
Social Security has a process that can allow approved representative fees to be withheld from a claimant’s past-due benefits and paid directly to certain representatives.
Empower does not use that system to collect a representation fee from the claimant’s benefits. We do not seek a percentage of the claimant’s past-due benefits for our representation.
Do I pay more depending on whether I receive SSDI or SSI?
No. Empower’s representation does not become fee-based because a claimant is seeking SSDI, SSI, or both programs.
Our representation remains mission-driven and free to the claimant.
How Can Empower Represent Me If I Don’t Live in Indiana?
Social Security disability is a federal program, which allows representation to be provided across state lines within the Social Security administrative process.
Do I need to live near Empower to become a client?
No. Empower’s mission is nationwide.
Much of the Social Security disability process can be handled through secure document exchange, telephone communication, electronic records, remote consultations, and remote or video hearings when available.
Because SSA is a federal agency, a claimant does not necessarily need a representative physically located in the same state.
How will we communicate if I live far away?
Depending on the needs of the case, communication may include phone calls, email, secure electronic document exchange, postal mail, and video communication.
Our goal is to make sure distance does not prevent a claimant from receiving consistent communication and case support.
Can hearings be handled remotely?
Social Security may conduct certain hearings by video or other remote methods depending on the circumstances and procedures in effect for the case.
The exact hearing format is determined through SSA’s administrative process.
What If Social Security Already Denied My Claim?
A denial does not necessarily mean the disability process is over. Depending on the stage of the claim, there may be additional appeal rights.
Can Empower help if I’ve already been denied?
Yes, depending on the circumstances and stage of the claim. Empower may assist claimants who have received a denial and need help moving through the appropriate appeal process.
This can include reviewing the denial, identifying issues in the existing record, developing additional evidence, preparing the appeal, and helping prepare the claimant for later stages of review.
How long do I have to appeal a Social Security disability denial?
Social Security notices generally provide a limited period to request the next level of review. Many Social Security appeal deadlines are based on a 60-day period, but the claimant should always follow the specific deadline and instructions printed on the notice received from SSA.
If you have received a denial, it is important not to wait until the last minute to seek assistance.
Can Empower represent me at an Administrative Law Judge hearing?
Yes, when appropriate and when representation has been established for the case.
Hearing preparation may include reviewing the claim file, evaluating medical evidence, preparing the claimant for testimony, identifying important vocational and medical issues, preparing case arguments, and representing the claimant during the administrative hearing.
Can Empower guarantee that my disability claim will be approved?
No. No representative can guarantee that Social Security will approve a disability claim.
Eligibility and case outcomes are determined by the Social Security Administration based on the evidence, applicable federal rules, and the facts of each individual case.
Our role is to help develop, organize, and present the claimant’s case as effectively as possible.
Understanding the Two Main Social Security Disability Programs
SSDI and SSI both provide benefits to eligible individuals, but the programs have different financial and work-history requirements.
Social Security Disability Insurance
SSDI is generally based on a person’s work history and Social Security earnings record.
- Eligibility generally depends on having sufficient Social Security work credits.
- The benefit amount is based primarily on the person’s earnings record.
- SSDI is not generally a needs-based program in the same way SSI is.
- Eligible SSDI beneficiaries may become entitled to Medicare under Social Security’s rules.
Supplemental Security Income
SSI is a needs-based federal program for certain people who have limited income and resources and meet applicable age, blindness, or disability requirements.
- SSI does not require the same work-credit history as SSDI.
- Income and countable resources affect eligibility and payment amounts.
- For 2026, the federal SSI resource limit is $2,000 for an individual and $3,000 for a couple.
- Many items do not count toward the resource limit, including certain homes, vehicles, personal effects, and other excluded resources under SSA rules.
- SSI recipients may also qualify for Medicaid depending on applicable rules.
2026 SSI figures: The maximum federal SSI payment is $994 per month for an eligible individual and $1,491 per month for an eligible couple before reductions or adjustments based on income, living arrangements, and other factors. State supplements may also apply in some states.
What is the main difference between SSDI and SSI?
SSDI is primarily an insurance program tied to a person’s Social Security-covered work history. SSI is primarily a needs-based program that considers income and countable resources.
Both programs use Social Security disability rules when determining whether an adult meets SSA’s disability standard, but the non-medical eligibility requirements are different.
How do I know whether I qualify for SSDI?
SSDI eligibility generally requires both:
- Meeting Social Security’s disability requirements; and
- Having enough recent Social Security-covered work and work credits for insured status.
The exact work-credit requirement can vary depending on age and other circumstances.
How do I know whether I qualify for SSI?
SSI eligibility can depend on disability or age, income, countable resources, living arrangements, citizenship or qualifying immigration status, and other program rules.
For 2026, the basic federal countable-resource limits remain $2,000 for an individual and $3,000 for a couple.
However, SSA does not count every asset toward those limits. For example, the home a person lives in and certain other resources may be excluded.
Can I apply for both SSDI and SSI?
Yes. Some people may qualify for both SSDI and SSI at the same time. This is sometimes referred to as a concurrent claim.
Eligibility for each program is evaluated under its own non-medical requirements while the disability determination may involve the same underlying medical conditions.
Does SSDI automatically mean Medicare and SSI automatically mean Medicaid?
SSDI beneficiaries may become entitled to Medicare under Social Security and Medicare rules, while SSI recipients may qualify for Medicaid depending on the applicable federal and state rules.
Health coverage rules can vary depending on the benefit, timing, state, and individual circumstances.
What Should I Expect?
Does contacting Empower automatically make you my representative?
No. Contacting Empower or submitting information does not automatically establish a representative-client relationship.
The claim must first be reviewed and representation must be formally accepted and established.
Does Empower accept every person who contacts the organization?
No. Representation depends on factors such as the stage of the claim, available information, deadlines, the organization’s capacity, and whether Empower believes it can appropriately assist with the matter.
What will you need from me?
Successful representation requires cooperation from the claimant.
Depending on the case, this may include providing accurate medical and work-history information, keeping Empower informed of changes, responding to requests, attending appointments or hearings, completing necessary forms, and helping identify medical providers and other evidence.
Why does medical evidence matter so much?
Social Security disability decisions depend heavily on medical evidence showing the existence, severity, duration, and functional effects of a claimant’s medical conditions.
Medical records can help show diagnoses, treatment history, test results, symptoms, limitations, response to treatment, and opinions about the claimant’s ability to function.
One of Empower’s major areas of focus is helping develop and organize this evidence so the administrative record accurately reflects the claimant’s circumstances.
Website & Representation Disclaimer
Empower Representation, Inc. is an independent nonprofit organization and is not the Social Security Administration or another government agency.
The information on this website is provided for general educational and informational purposes and should not be considered legal advice or a guarantee regarding eligibility, benefits, deadlines, or the outcome of any Social Security disability claim.
Social Security rules are complex and individual circumstances vary. Claimants should rely on their own SSA notices for case-specific deadlines and requirements.
All disability determinations and benefit decisions are made by the Social Security Administration under applicable federal law and agency rules. Empower cannot guarantee approval of a claim or a particular benefit amount.
Submitting a form, sending an email, calling Empower, or using this website does not by itself establish representation.
We’re Here to Help You Understand the Process
If you need help with a Social Security disability claim, denial, appeal, or hearing, contact Empower to learn whether representation may be available.