When should you get a Representative for Social Security Disability or SSI?

Frankly, if your are able to attend an initial disability interview (at a social security office) or fill out and return your reconsideration appeal (the request for reconsideration is the first appeal in the process) paperwork, then you may not need representation yet. Often, individuals filing for disability just assume their case will go better if they have a representative or lawyer at the initial or reconsideration level.

Is this true? It can be for some individuals. As a disability examiner and in working in claimant representation, I have found that too many individuals fail to properly submit paperwork and miss important deadlines when they are not represented. And, far too often, claimants simply give up.

However, having said that, a person is not required to have representation at the disability application or reconsideration appeal level. At the disability hearing level, though, very few individuals would advise any claimant to go in unrepresented. Even administrative law judges will typically advise claimants who show up alone, without the benefit of an attorney or non-attorney representative, to have their hearing rescheduled and to come back at a later date.

Prior to the hearing level, however, things are different. The initial claim and the reconsideration level appeal are sent to a state disability agency for a decision (in most states, the agency that makes disability decisions for the social security administration is called Disability Determination Services). At this agency, a claimant's medical records are gathered and evaluated, and a disability examiner who has been assigned to the case will render a decision after consulting with a physician or psychiatrist (depending on the type of case) who is assigned to the examiner's processing unit.

At this level of decision-making, representatives (attorney or otherwise) are not permitted to make arguments to the adjudicator (who, at this level, is the disability examiner). With this in mind, some would argue that representation is unnecessary. But I would argue otherwise and here's why.

If a claimant gets denied on a disability application that has been filed with the social security administration (either for SSD benefits or SSI benefits), then they stand an 85 percent chance on averge of being denied on the reconsideration appeal, meaning they will have to request a hearing in front of an administrative law judge in order to win benefits.

In other words, if you get denied on a application, you might as well expect to go to a hearing---where you will do much better if you have representation.

So, when should you get a lawyer? You can get one at any time, but if you get denied you should certainly consider getting one immediately.








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