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Regarding the issue of representation and representatives:
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 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 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 West Virginia ssdi 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 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; 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 claimants for ssd or ssi in West Virginia who win their claims may not obtain the most favorable onset date for the commencement of their benefits. Onset, of course, determines how much a claimant can receive in backpay. Disability attorneys and lawyers do much to ensure that a social security disability or ssi claim will have the best chance of winning, and receiving the greatest amount in past due benefits, or backpay. 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 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 ssd or ssi disability benefits. |
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