disability lawyers


GOING TO A DISABILITY HEARING AND USING A FRIEND AS A REPRESENTATIVE





This, fortunately, doesn't happen very often. However, I have seen this happen on more than one occasion. A claimant gets denied for disability, files their first appeal, is denied on the reconsideration, requests a disability hearing, and then finally, after much waiting, is given a hearing date. But, instead of getting a disability attorney or a qualified non-attorney disability representative, they get a friend or a relative to act as their advocate and representative.

Why would someone do this? In all candor, I would have to say this only happens as a result of sheer ignorance as to what is involved in a social security disability hearing or SSI disability hearing. Such claimants probably have the notion that simply showing up at a hearing armed with records they have gathered themselves and that, further, bringing someone who either A) has been through the disability process themselves, B) has some medical knowledge (such as a nurse) or C) can testify as to their limitations and functional restrictions will somehow be sufficient to "seal the deal".

It would be probably be safe to bet that 99 times out of 100, bringing someone such as this to a hearing to serve as a representative will not seal the deal. An inexperienced "representative" will probably be completely unaware as to what any of the following terms mean in the context of a disability hearing at which eligibility for SSA disability benefits will be determined: However, an experienced disability representative (an attorney, or a non-attorney who is a former disability examiner or a former social security administration claims rep) will typically, by contrast, have a thorough understanding of this particular terminology as well as a first hand knowledge and intuitive grasp of what it takes to win a disability case based on a claimant's specific medical conditions and resulting physical and/or mental limitations.

Arguably, claimants who decide to use a friend, relative, or neighbor as a hearing representative would probably be better off going to a hearing alone--regardless of whether that individual has gone through the process themselves and professes to have great knowledge as to how the system works.

Ideally, of course, a claimant should choose as a representative someone who actually works as a professional disability advocate. After all, disability hearings often take as much as three years to get to (due to backlogs and how slow the system moves) and are very often "one-shot deals" for claimants. Given that, preparation for a hearing should be handled with great consideration and care.








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