Morgan and Morgan is a personal injury law firm with offices across multiple states that handles a specific slice of disability-related legal work. Understanding what they actually do—and what they don't—matters before you spend time learning about their services. The firm primarily handles Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) cases, which are distinctly different from other types of disability claims.
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Many people confuse these programs with workers' compensation claims, veterans' benefits, or private disability insurance. Morgan and Morgan focuses on federal Social Security disability cases, meaning they represent people who are navigating the Social Security Administration's system. This is important because the rules, processes, and timelines differ significantly from other disability programs.
The firm operates on a contingency fee basis for SSDI and SSI cases. This means they don't charge upfront fees—they only receive payment if your case results in a favorable decision. The Social Security Administration caps what attorneys can charge in these cases, which provides a clear boundary on how much you'd owe. Understanding this fee structure helps you see what the actual financial commitment looks like if you work with them.
Morgan and Morgan also handles other practice areas like personal injury, workers' compensation, and car accident claims. However, their disability practice specifically addresses Social Security cases. The distinction matters because a disability case through Social Security works completely differently than an injury claim through the court system.
Practical takeaway: Before considering Morgan and Morgan or any firm, confirm whether your situation involves a Social Security disability claim (SSDI/SSI) or a different type of disability matter like workers' comp or an injury lawsuit. This determines whether they're even the right fit for your situation.
Social Security disability cases operate through a specific bureaucratic process that's separate from regular court systems. When you file for SSDI or SSI, you're submitting a claim to a government agency, not suing anyone. The Social Security Administration reviews your medical evidence, work history, and other documentation to decide if you meet their definition of disability.
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The initial application stage involves submitting medical records, work history, and detailed information about your condition. Many people don't understand that Social Security has its own definition of disability—you must be unable to work for at least 12 consecutive months or have a condition expected to result in death. It's not about whether you're partially disabled or struggling; it's an all-or-nothing determination.
When applications are denied (which happens in roughly 65-70% of initial claims), the process moves to reconsideration, then to a hearing before an Administrative Law Judge (ALJ). This is where having representation can matter significantly. An ALJ hearing is formal, involves presenting evidence, and requires understanding how to structure your case to meet Social Security's standards. Many people struggle through this process without representation and lose cases they might have otherwise won.
An attorney representing disability cases doesn't go to "regular court"—they appear at Social Security hearings, which follow different rules and procedures. The attorney prepares you for testimony, gathers medical evidence, may hire medical experts to testify about your condition, and argues why you meet Social Security's disability standard. This specialized knowledge of how Social Security evaluates cases is what distinguishes disability representation from general legal work.
The timeline for these cases varies widely. An initial decision might take 3-6 months. If denied, reconsideration can take several months. A hearing request typically results in a wait of 1-2 years or longer depending on your region's backlog. Throughout this time, you're either receiving benefits or waiting for a decision while potentially unable to work.
Practical takeaway: If you've been denied Social Security disability benefits, understanding that the next stage (a hearing before a judge) is where representation often makes the biggest difference helps you decide whether to seek an attorney. Many people win on appeal with proper representation who didn't win on their initial claim.
Morgan and Morgan, like most disability attorneys, works on contingency for Social Security cases. This means you don't pay them upfront, and they're only paid if you win. However, "winning" in a disability case has a specific meaning—you must receive a favorable decision from Social Security that results in back pay. If you're approved for ongoing benefits without back pay (which rarely happens), the fee structure works differently.
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The Social Security Administration sets a cap on what attorneys can charge in disability cases: 25% of back pay or $6,000, whichever is less. This federal cap exists specifically to protect claimants from excessive attorney fees. If Morgan and Morgan wins your case and you receive $40,000 in back pay, they can charge up to 25% of that ($10,000), but the cap limits it to $6,000. This is substantially different from personal injury cases where contingency fees might be 33% or higher.
You should understand what "back pay" means in this context. If you're approved for disability and the Social Security Administration determines your disability began on a specific date months or years in the past, they pay the difference between what you received (if anything) and what you should have received. That lump sum payment is back pay, and the attorney fee comes from it. Your ongoing monthly benefits are separate and not subject to attorney fees.
Some people qualify for SSI (Supplemental Security Income) rather than SSDI. SSI typically involves less back pay because it's a needs-based program, and the fee calculation can differ. An attorney can explain how fees would work for your specific situation, and this conversation should happen early so you understand the financial picture.
Beyond attorney fees, there are other potential costs in disability cases. If the attorney needs to hire a medical expert to testify at your hearing, those costs typically come out of your back pay as well. These costs must be disclosed to you, and you should understand them. Some firms advance these costs (meaning they pay them upfront), while you only repay them from your back pay if you win. Others may handle this differently.
Practical takeaway: Before hiring any disability attorney, request a written explanation of how they calculate fees, what costs might be involved beyond attorney fees, and whether they advance expert costs or require you to cover them upfront. Federal caps protect you, but understanding the specific numbers helps you make an informed decision.
The initial application for Social Security disability involves submitting Form SSA-3368-BK (the Adult Disability Report) along with medical evidence. Many people attempt this process alone and either miss deadlines, fail to submit adequate medical records, or present their case in ways that don't align with how Social Security evaluates claims. This is where early representation, though less common, can help shape a stronger initial application.
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Morgan and Morgan's involvement at the application stage, if they take your case early, typically involves reviewing your medical records, identifying gaps, requesting records from your doctors, and ensuring the initial application presents your condition accurately according to Social Security standards. Social Security doesn't care about your opinion of how disabled you are—they care about what medical evidence shows and whether it meets their specific criteria.
If you're denied at the initial stage, you have 60 days to request reconsideration. This is a second review by a different Social Security examiner, but using the same standard as the initial application. The reconsideration approval rate is very low (roughly 10-15%), which is why many disability cases don't move forward until the hearing stage.
During reconsideration, new medical evidence can be submitted. This is an opportunity to add recent test results, specialist evaluations, or other documentation that wasn't included in the initial application. If your condition has worsened or you've received additional medical treatment that documents your limitations, this is the time to include it. An attorney can identify what additional evidence would strengthen your case.
The reconsideration stage is also where some people choose to hire representation if they didn't initially. Since the approval rate is low and a hearing is likely next, waiting until the hearing stage to hire an attorney is common. However, some firms will represent you at reconsideration if they believe additional evidence can change the outcome.
Understanding what Social Security looks for is crucial at this stage. They use something called the "RFC" (Residual Functional Capacity), which describes what you can still do despite your condition. Social Security evaluates whether there are jobs you could theoretically perform,
This guide is for general information only and is not medical, financial, legal, or other professional advice. For decisions specific to your situation, consult a qualified professional. See our Editorial Policy.