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DO YOU HAVE TO HAVE AN ATTORNEY TO APPEAL A SOCIAL SECURITY DISABILITY DENIAL?

This information may help claimants with representation, as well as claimants who are not represented by an attorney or non attorney representative. Understanding how the Social Security Disability system works can make the difference between winning or not winning the continuing ssd or ssi disability benefits and backpay to which a person is entitled.

No, you don't have to have a lawyer or non attorney claimant's representative to file most ssd and ssi appeals.

A claimant can, in many instances, adequately submit a request for reconsideration, request for hearing, or even an request for review of an administrative law judge's decision.

The only appeal step in the social security administration's appeal process that must involve the use of a licensed attorney, for the sake of representation, is the filing of a civil action in federal district court (i.e. at this level a representative must be a lawyer; claimants, however,can proceed pro se, or unrepresented).

However, as it's been said on this site many times before, if a disability claimant receives a denial of an initial claim for ssd or ssi benefits, the claimant might as well seek representation. Because in most cases, a person who has been denied for benefits at the initial claim level will also be denied at the reconsideration level (in those states, of course, where the recon stage has not been suspended), and will further need to have their claim evaluated by an administrative law judge at a disabilility hearing.

And it is certainly the position of this website that a claimant should never attend an ALJ hearing unrepresented since, statistically, the chances of an unrepresented claimant winning at the hearing level tend to be comparatively slim.



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