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DO YOU NEED AN ATTORNEY FOR SOCIAL SECURITY DISABILITYI?

 There are really 2 questions to be asked and answered.

One, are you required to have an attorney for Social Security disability cases?

Two, do you need an attorney for Social Security disability cases?

As to the first question, you are not required to have representation for Social Security.  You may choose to represent yourself.

But, do you need professional representation?

There's some pretty convincing objective evidence that you may need an attorney or non-attorney advocate when dealing with the Social Security Administration.

A 2017 study by the Government Accounting Office (GAO) found that claimants with professional represented were 3 times more likely to be approved than claimants who were unrepresented. 

Many claimants choose to file the initial application for benefits themselves.  Statistics show that about 70 percent all applications will be denied.  Before entering the complex appeals process, most claimants will choose professional representation.

This is because Social Security operates under complex and difficult-to-understand rules and regulations.  Disability must be proven to the satisfaction of the Social Security Administration.  The gathering and presentation of this "proof" is the job of a lawyer or professional advocate who understands the burden of proof.

Many claimants for disability benefits will go before a federal judge before being approved.  While you are still not required to have representation at the hearing level, most judges will advise the claimant to seek representation before the hearing.  One of my recent clients told me, "The judge said to get a lawyer who understands his language and come back for my hearing." The judge rescheduled the hearing for a later date.

DOES GETTING REPRESENTATION COST ANYTHING UP FRONT?

It doesn't cost anything to get a lawyer or advocate for your case.  The lawyer only gets paid if and when you win your case and only if you receive back pay or past due benefits.  You will pay only if successful, but not a penny otherwise.  The Social Security Administration controls the representative's fee.  It must approve the fee in writing before any fee can be paid.  Then, Social Security writes the check for the attorney's fee and deducts it from the back pay. If there is no back pay, there cannot be a fee!

WHICH REPRESENTATIVE SHOULD I CHOOSE?

The Forsythe Firm recommends the following: 

1.  A local representative that you can meet and talk to.

2.  An experienced representative who has handled many disability cases.

3.  One with a long history of successful Social Security disability cases.



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