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Whether you've applied for disability, been denied for benefits, or are simply at the point of considering whether or not to file for Security Security Disability or SSI in California, the issue of representation is an important one. And, typically, applicants and potential applicants have questions such as the following:
How much will it cost to hire a disability attorney?, When should you get one?, What will an attorney do for you?, and Will an attorney increase your chances of winning Social Security Disability or SSI Disability Benefits? |
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Regarding the issue of SSI SSD representation and social security lawyers:
Statistically, most Social Security Disability and ssi claims claims in California are denied at the Initial Claim and Reconsideration levels. For this reason, most claims in California will need to be heard by an Administrative Law Judge before a claimant can hope to receive their benefits. It is at the level of an ALJ hearing, however, that one should always be accompanied by a Disability Lawyer or Non Attorney Claimant's advocate. While a California disability attorney or non attorney representative cannot guarantee that a claimant will be awarded social security disability or ssi benefits, such an individual can guarantee this: that an ssd or ssi case will be properly developed prior to a hearing date. The simple fact of the matter is this: the vast majority of ssd and ssi appellants will have no idea how to properly and thoroughly prepare a disability case for a hearing, whereas an attorney or non attorney disability representative can apply a certain level of familiarity and expertise with social security rules and regulations toward the goal of obtaining a favorable outcome on a case. And, in many cases, an attorney or non lawyer advocate will have several years of invaluable ssdi and ssi claim experience to lend to a claimant's disability case. Can an ssdi claimant who is not represented by an attorney or non attorney still win an ssd or ssi disability claim in California at an ALJ hearing? Yes. And, in fact, this does occasionally happen. However, the odds of winning a social security disability or ssi claim before an Administrative Law Judge are markedly decreased when a claimant does not employ the services of an attorney or non attorney representative; therefore, a claimant should weigh the risk of going unrepresented to a hearing when their future livelihood is literally at stake---particularly when it takes so long to get to a disability hearing in the first place. And even unrepresented claimants in the state of California who are successful and win their ssdi claims may not obtain the most favorable onset date for the commencement of their benefits. The date of onset and the date of entitlement, of course, will determine how much a claimant will receive in backpay; therefore, being able to prove the earliest possbile onset is of extreme importance for a social security disability or ssi claimant. Disability attorneys and lawyers in California do a great many things to ensure that a social security disability or ssi claim will have the best chance of winning. This includes gathering medical records, obtaining detailed statements from a claimant's treating physicians, and, at the time of the hearing, applying a thorough understanding of SSA regulations and requirements to the disability adjudication process. Though attorney or non attorney representation in the state of California is never required in a disability claim, to attend a hearing before a judge without the assistance of a disability attorney or non attorney representative is unwise and may result in a lost opportunity to win disability benefits. |
