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The majority of Social Security Disability and SSI disability claims are denied in the state of Texas and this is true at the disability application level and at the first appeal level. For this reason, individuals who have applied for disability usually consider finding representation at some point. What questions do claimants have about lawyers and advocates? Here are just a few:
Will having a disability lawyer make it easier to win SSD or SSI benefits?, Will having a lawyer have any impact on what my disability backpay is?, How do you pay a disability attorney to handle a case? and When can I get representation for my Social Security Disability or SSI claim? |
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Regarding the issue of representation and representatives:
Unfortunately, most successful disability claims will need to be heard by an Administrative Law Judge before a claimant can hope to receive benefits. Of course, 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 cannot guarantee that a claimant in Texas 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 ssdi 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 a claimant in Texas who is not represented by an attorney or non attorney still win an ssd or ssi disability claim at an ALJ hearing? Yes. 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. And even unrepresented claimants in Texas who are successful and win their ssdi claims may find that they did not get as much in past due benefits, or backpay, as they thought they were entitled to. Of course, a representative will always try to prove the earliest date of onset for a claimant's condition for the purpose of getting the most backpay for a claimant. Disability attorneys and lawyers do a great many things to ensure that a social security disability or ssi claim in Texas 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 an 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. |
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