The Social Security Administration does not require you to have a lawyer to file an appeal or to appear at a hearing. However, most people heading for a disability hearing will hire a lawyer or advocate to help them.
Studies have shown that you are about twice as likely to win with a lawyer. A recent study found that claimants with no lawyer win about 30 percent of the time while claimants with a lawyer or advocate win 60 percent of the time.
"He just cooked his own goose."
These statistics cover only one aspect of a disability appear--your odds of winning. The other important aspects are time and convenience.
If you prepare and adjudicate your own disability appeal, expect to spend 12 to 24 months working on the case. You will be collecting, reading and submitting hundreds or thousands of pages of medical records. These records are complex and often difficult to understand. And you must know how each medical record helps (or hurts) your disability case. Preparing your disability appeal will require a substantial commitment of your time and energy.
Then there's the convenience factor. It takes a lot of self discipline to spend hours on your computer or telephone doing the tedious research and work required to win a case.
This work can also be frustrating. You will often be told no several times before you get a yes. A Social Security victory often comes after several losses.
Judges are often reluctant to hear an appeal where there is no lawyer. One of the judges that I often appear before advises unrepresented claimants: "Get a lawyer who speaks my language and come back..."
While you are never required to get an attorney, it may be in your best interest. It may save you time, frustration, hard work, and money. It only takes one mistake to lose your case or to lose thousands of dollars in cash benefits. Most claimants only get one hearing in their lifetime.
So, consider carefully whether you want professional help as you go before a disability judge.
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