Do I need to have a Representative at a Social Security Disability Hearing?
Yes, you do. There are many reasons why this is true. For one thing, a representative (who can be a disability lawyer or an individual who used to be an employee of the social security administration and now works as a non-attorney representative) will be familiar with how the federal disability system works. Secondly, a representative will know what is needed to obtain a disability approval based on an applicant's work history and medical records (known as a "med-voc" allowance).
However, there is another reason which is this---it is never a good idea to represent yourself in anything. Think about it. When attorneys get sued, they don't represent themselves. They get another attorney to represent them. Because, by and large, a judge who presides at a hearing of any kind, including a disability hearing, will give more consideration to a person who is represented by a third party.
Can you win a disability claim if you choose to appear at a hearing unrepresented? Yes, it is possible. And, in fact, the statistics I've come across indicate that forty percent of claimants who go to hearings without the benefit of representation actually win their claims for SSD or SSI benefits. However, of those claimants who go to hearings with representation, the win rate is actually closer to 60 percent. That means that represented claimants have an approximately fifty percent better chance of winning if they attend a hearing with the help of a lawyer.
Why do represented claimants do so much better than unrepresented claimants? The answer is simple:
1. A representative will have read the case file and will be familiar with why the case was originally denied at the application and reconsideration levels.
2. A representative will review the medical evidence gathered by DDS (disability determination services, where the case was denied at the first two steps) and will gather additional records to account for the time between the last denial and the hearing date. These records will be studied to determine how they support a possible approval.
3. A representative will generally attempt to gather supporting statements from a claimant's treating physicians. These can carry substantial weight at a hearing.
4. A representative will be familiar with the social security disability and SSI programs, and the rules and regulations that apply to each. 5. A representative will serve as an advocate for the approval of a case and will have familiarity with both the medical and vocational aspects of an SSD or SSI claim.
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Additional Entries
How many times can you be denied for disability benefits?
How to file for Social Security Disability
Disability benefits for children
How to pay a disability lawyer
Social Security Disability Definition
How can I find out if I am eligible for social security disability benefits?
Social Security Disability SSI Florida
How do you answer questions at a social security disability or SSI disability hearing?
However, there is another reason which is this---it is never a good idea to represent yourself in anything. Think about it. When attorneys get sued, they don't represent themselves. They get another attorney to represent them. Because, by and large, a judge who presides at a hearing of any kind, including a disability hearing, will give more consideration to a person who is represented by a third party.
Can you win a disability claim if you choose to appear at a hearing unrepresented? Yes, it is possible. And, in fact, the statistics I've come across indicate that forty percent of claimants who go to hearings without the benefit of representation actually win their claims for SSD or SSI benefits. However, of those claimants who go to hearings with representation, the win rate is actually closer to 60 percent. That means that represented claimants have an approximately fifty percent better chance of winning if they attend a hearing with the help of a lawyer.
Why do represented claimants do so much better than unrepresented claimants? The answer is simple:
1. A representative will have read the case file and will be familiar with why the case was originally denied at the application and reconsideration levels.
2. A representative will review the medical evidence gathered by DDS (disability determination services, where the case was denied at the first two steps) and will gather additional records to account for the time between the last denial and the hearing date. These records will be studied to determine how they support a possible approval.
3. A representative will generally attempt to gather supporting statements from a claimant's treating physicians. These can carry substantial weight at a hearing.
4. A representative will be familiar with the social security disability and SSI programs, and the rules and regulations that apply to each. 5. A representative will serve as an advocate for the approval of a case and will have familiarity with both the medical and vocational aspects of an SSD or SSI claim.
Return to:
Additional Entries
How many times can you be denied for disability benefits?
How to file for Social Security Disability
Disability benefits for children
How to pay a disability lawyer
Social Security Disability Definition
How can I find out if I am eligible for social security disability benefits?
Social Security Disability SSI Florida
How do you answer questions at a social security disability or SSI disability hearing?
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