SHOULD I BE REPRESENTED BY A DISABILITY LAWYER OR A NON-ATTORNEY REPRESENTATIVE?



Should I be Represented by a Lawyer or a Non-Attorney Disability Representative?



 
A disability examiners who make decisions on each disability application filed), and how and why a case is either approved or denied, it takes a specialist.



This is particularly evident when you take into consideration the fact that a disability representative should be able to review a claimant's file and quickly and easily understand the following:

1. The medical evidence - Was all the medical evidence gathered? Was some of it missed when the disability examiner requested the claimant's records. Was some of it not properly considered? Was the evidence properly evaluated?

This last question is especially important since the medical evidence is used to determine the claimant's residual functional capacity which allows the disability examiner to decide whether or not the claimant is capable of going back to work.

2. The decision that was made on the case - A disability representative who is an experienced specialist will be able to review the history of the case and understand what medical-vocational rule was employed to direct a decision of disabled or not disabled.

Likewise, a specialist will be able to ascertain whether or not a case processing error was made, or what the prospects are for approval should the claim be appealed.

An attorney who only occasionally represents Social Security Disability cases and SSI cases will, typically, have less understanding of how the federal system works and, as a result, a claimant who has such a representative will potentially be a grave disadvantage if this type of representative handles their case.

How can a claimant know if their disability attorney, or prospective attorney, specializes in social security law, or only handles the occasional claim? The easiest way to to do this is visit the attorney's website, or to simply ask them on the phone if they specialize in social security, or represent other types of legal cases.


About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.







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