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Regarding representation on disability cases at hearings:
Statistically, more Social Security Disability and ssi claims than not are denied at the Initial Claim and Reconsideration levels in Idaho. For this reason, most claimants in Idaho will need to be heard by an Administrative Law Judge before a claimant can hope to receive benefits. It is at the level of an ALJ hearing, certainly, that one should always be accompanied by a Disability Attorney or Non Attorney Claimant's Representative. While a disability attorney or non attorney representative cannot guarantee that a claimant in Idaho will be awarded social security disability or ssi benefits, such an individual can guarantee that a case will be professionally developed prior to a hearing date. The simple fact is this: the vast majority of claimants will not know 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 Idaho claimant who is not represented by an attorney or non attorney 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 in the first place. And even unrepresented ssdi claimants who are successful and win their claims may not obtain the most favorable onset date for the commencement of their ssd or ssi 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 do a great many things to ensure that a social security disability or ssi claim will have the best chance of winning ssdi benefits. 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 representation is never required in a ssd or ssi disability claim, to attend a hearing before a judge without the assistance of a disability attorney or non attorney representative is unwise and may result in a lost opportunity to win disability benefits. |
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