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The majority of Social Security Disability and SSI cases are denied in Virginia at the application and reconsideration stages. For this reason, many applicants for disability benefits will be forced to follow the appeal system all the way to a disability hearing. What types of questions do disability applicants have about representation on disability claims? Here are a few examples:
Do I need a disability attorney to win an appeal for my disability case?, Does a disability lawyer require an upfront fee for providing representation?, What are the things that an attorney will do to represent a disability claim, prior to a hearing and at a hearing?. |
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Regarding the issue of representation and representatives:
It is at the level of an ALJ hearing that a ssd or ssi disability claimant should always be accompanied by an Attorney or Non Attorney Representative. While a Virginia disability attorney or non attorney representative 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. Put simply, 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 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 chance of winning a social security disability or ssi claim before an Administrative Law Judge are much less when a claimant does not employ the services of an attorney or non attorney representative; therefore, a claimant should thoughtfully consider going unrepresented to a hearing. And even unrepresented 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 ssd or ssi 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 in Virginia is never required in a ssdi disability claim, to attend a hearing in Virginia 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. |
| Questions about Social Security Disability What if a judge denies your disability claim ? |
