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Regarding the issue of representation and representatives:
Statistically, the vast majority of Social Security Disability and ssi claims are denied at either the Initial Claim or Reconsideration appeal level. For this reason, most claims 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 a claimant for benefits 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 an ssdi claimant pursuing a claim in South Dakota 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. 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 before an Administrative Law Judge are markedly decreased when a claimant in South Dakota does not employ the services of an attorney or non attorney representative; therefore, a claimant should weigh the risk of going unrepresented to an ssd or ssi disability hearing when their future livelihood is literally at stake. And even unrepresented South Dakota 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 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, 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 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 ssdi benefits. |
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