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Whether a person is only thinking of filing a Social Security Disability or SSI claim, has already filed a claim, or has been denied, the thought of finding a disability lawyer or representative has probably come up. Regarding representation, individuals in the state of Massachusetts very often have questions such as these:
How do you choose a disability attorney for your case?, Are you required to have an attorney at any particular level of the disability system?, How much is the fee for representation on a social security disability or SSI case?, and Is it easier to win with representation? |
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Regarding the issue of representation and representatives:
Social Security Disability and ssi disability claims are usually denied at the Initial Claim and Reconsideration levels. For this reason, most claims will need to be heard by an Administrative Law Judge before a claimant can hope to receive disability benefits. It is at the ALJ hearing level that one should always use the services of a Disability Attorney or Non Attorney Claimant's Representative. While a disability attorney or non attorney representative cannot guarantee that a claimant in Massachusetts 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 appellant who is not represented by an attorney or non attorney still win a disability claim at an ALJ hearing? Yes. And, in fact, this does sometimes happen. However, the chances 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 an ssdi 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 claimants in Massachusetts who win their claims may not obtain the most favorable onset date for the commencement of their ssdi 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. This includes gathering medical records, obtaining detailed statements from a claimant's treating physicians, and 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 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 ssd or ssi disability benefits. |
