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Regarding the issue of representation and representatives:
Statistically, the majority of Social Security Disability and ssi claims processed in the state of Wisconsin are denied at the Initial Claim and Reconsideration appeal levels. For this reason, most claims for ssdi or ssi will need to be heard by an Administrative Law Judge before a claimant can hope to get disability benefits. It is at the level of an ALJ hearing, of course, 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 Wisconsin 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 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 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 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 ssd or ssi 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 disability benefits. |
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