Should you Hire a Non Attorney for your Social Security Disability Claim

I recently read some statements from a practicing social security disability attorney who seemed to have a problem with the fact that non-attorneys are allowed to represent claimants in social security disability cases.

Many claimants probably have the notion that they can only be represented by a lawyer for a disability case, or that a lawyer will necessarily provide the best disability representation.

Here's what I always say. A) Representation can usually help you. B) If your case is going to a social security disability hearing, you should be represented because it will increase your chances of winning--honestly, most claimants will have no idea of how to prepare for a disability hearing, or what certain terms and concepts mean.

However, having said that, your representation does not need to be a lawyer. You can get a non-attorney and get representation that is as good or better. Why? Because the quality of representation on a social security disability or SSI case does not have anything to do with whether a rep is a trained attorney. It has more to do with knowing how social security cases are decided and what the requirements for eligibility are.

Needless to say, it helps for a representative to be either a former disability examiner, a former social security claims rep, or even a nurse.

Now it may surprise some people, but only recently were lawyers even allowed to represent initial veterans disability claims. Before that point, only non-attorneys were allowed to represent early cases. Basically, it was the thinking of the veterans administration that individuals pursuing va disability could get by just fine without an attorney as a representative. Therefore, it should not be surprising that the social security administration allows both attorneys and non-attorneys to represent applicants for social security disability and SSI disability. After all, some non-attorney reps used to work for the social security administration.

Also, consider this fact: the decision makers on initial disability claims (applications) and first appeals (requests for reconsideration) are disability examiners...and examiners are not legal professionals. How much sense would it make if non-attorneys could issue decisions on disability claims (as disability examiners), yet non-attorneys representatives could not represent claimants? Answer: it wouldn't make any sense at all.

Here's the truth of the social security disability system---it does not become a "legal environment" until one gets to federal district court. This is where you must have an attorney to represent you. However, at all levels prior to this,including the disability hearing before an administrative law judge, your representative can be a non-attorney because...the disability evaluation process is administrative not legal.

In the end, though, whether you choose an attorney or non-attorney to help you, you should make your decision based on a gut instinct about the representative. Or based on someone else's gut instinct. Recommendations are often a great way to weed through the chaff and get a great representative.







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Additional Posts

Social security definition of disability for SSD and SSI claims
Social security disability definition
How does social security define disability?

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Social Security Disability Secrets

Social Security Disability Benefit Questions