Do You Need an Attorney or Advocate for Your Disability Case?
Whether you've applied for disability, been denied for benefits, or are simply at the point of considering wheather or not to file for Social Security Disability or SSI, 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?
- Will an attorney increase your chances of winning Social Security Disability or SSI Disability Benfits?
Learn more about getting help for your Social Security Disability Claim.
For more information on filing, see Filing for Social Security Disability in Florida.
Regarding the Issue of Representation and Representatives
While a disability attorney or non attorney advocate representative in Florida cannot guarantee that an SSDI claimant will be awarded social security disability or SSI benefits, such an individual can guarantee that a case will be properly developed prior to a hearing date.
The simple fact of the matter is this: the vast majority of claimants 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 attorney representative 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 in Florida by an attorney or non attorney advocate still win an ssd or ssi disability claim 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 for an ssd or ssi claim in the first place.
And even unrepresented claimants in Florida who are successful and win their 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 the state of Florida 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 advocate representation is never required in a disability claim, to attend a hearing before a judge in Florida without the assistance of a disability attorney or non attorney representative is unwise and may result in a lost opportunity to win disability benefits.