Regarding the issue of representation and representatives:
Because the vast majority of Social Security Disability and ssi claims
are denied at the Initial Claim and Reconsideration levels, most claims
in Nebraska 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 that one should always be
accompanied by a Disability Attorney or Non Attorney Claimant's
Representative.
While a disability attorney or non attorney representative in Nebraska
cannot guarantee that a 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.
It is simply the case that the vast majority of ssd or ssi disability
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.
Can a 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
in Nebraska before an Administrative Law Judge are markedly decreased
when an ssdi 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 Nebraska claimants 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 an ssdi 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 an ssdi 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
ssdi 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.
