WHAT IS THE ROLE OF A SOCIAL SECURITY DISABILITY REPRESENTATIVE?



What is the Role of a Social Security Disability Representative?



 
There are different names for this role. Some individuals prefer to be known as disability advocates while the social security administration (SSA) uses the term "representative", most likely due to the fact that an applicant for SSDI (Social Security Disability insurance) or SSI does not have to be represented by an attorney, but, instead, may choose to be represented by a non-attorney representative. On that subject, two things should be mentioned:

1. An applicant does not have to be represented at all, though this is usually unwise if the claim has progressed to the level of a disability hearing where the decision on the claim will be delivered by a federal judge.

2. Many non-attorney representatives are actually former employees of the social security administration, including former field office workers, such as claims reps (the individuals who take disability and retirement applications), former disability examiners (the individuals who make the decision on initial SSDI and SSI claims), and even former administrative law judges (the judges who hear disability cases).

Regardless of what a representative is referred to as (a disability attorney, a non-attorney rep, an advocate), all representatives perform the same function. At the most basic level, this function is to act as the contact person between the social security administration and the applicant. And this is exactly why, after SSA has been notified that a representative has been named, SSA must provide copies of all correspondence that is sent to the applicant to the representative as well.



Even further than this, SSA must actually ask the representative's permission before directly communicating with the applicant, a stipulation that is designed, ideally, to protect the interests of the claimant.

However, the core responsibility of a representative for a Social Security Disability or SSI claim is to maximize the chances of winning the claim. This is why representatives often review the claimant's file prior to the request for a hearing (to get an idea of where the case stands, what evidence was previously considered, and why the case was denied by a disability examiner).

This is also why representatives will attempt to obtain additional medical record documentation and also qualified statements from an applicant's treating physicians.

A disability representative may attempt to win a claimant's case at the disability application or reconsideration appeal level. However, because the rate of denial at both those levels is fairly high (seventy percent for applications and eight-five to eighty-seven percent for reconsiderations), most representatives will confine their efforts to filing the necessary appeal forms and getting occasional status updates--until the claimant has at least been denied at the first level, the disability application.

This is because, for claimants who are denied at that level, the best opportunity for winning an awarding of benefits is typically at a disability hearing.


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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