Because Social Security disability rules are so complex and confusing, about 92 percent of claimants are represented by an attorney or advocate.
What is the representative's role?
First, your representative is there to help you get your benefits. He or she works for you, and only for you, to protect your interests and help you get what belongs to you.
Your representative, often called an advocate, will help you understand what must be done to get approved for Social Security disability benefits. You must prove your disability using Social Security's rules. Your representative knows these rules.
The advocate will obtain medical evidence for you to prove that you meet Social Security's definition of "disability." Social Security, by the way, has one of the most strict and most narrow definitions of "disability." Usually, they mean that you must be unable to perform any type of work that exists in the national economy.
Your representative will evaluate your claim and look for strengths and weaknesses. If there are problems looming, he or she will try to solve them to avoid a denial or delay in benefits.
The representative will prepare evidence for the judge or decision maker who will decide your case. If a hearing is necessary, the representative will appear with you at the hearing to explain the evidence and how it proves that you are legally disabled and should be paid a benefit.
There are countless other details that your advocate may perform for you. For example, he may speak to Social Security on your behalf or write a detailed brief which outlines the evidence. He will make an argument as to why your claim has merit. He may obtain professional opinions from your doctors that help satisfy decision makers that you are really disabled. The representative may negotiate with Social Security about the date you became disabled in an attempt to obtain more back pay for you.
In short, your representative is there to act on your behalf--to help get a decision from Social Security that is fair to you and which provides all the benefits you are legally entitled to receive.
The law protects you by setting limits on what your representative can charge you for legal fees.
Any fee proposed by your attorney or advocate must first be approved by Social Security. They will approve a fee only if your claim is approved and you receive a past due benefit. The advocate may only charge you a percentage of the back pay. If no back pay is recovered, there cannot be a legal fee. In this way, the claimant is protected from paying legal fees on a claim that is not approved.
What is the representative's role?
First, your representative is there to help you get your benefits. He or she works for you, and only for you, to protect your interests and help you get what belongs to you.
Your representative, often called an advocate, will help you understand what must be done to get approved for Social Security disability benefits. You must prove your disability using Social Security's rules. Your representative knows these rules.
The advocate will obtain medical evidence for you to prove that you meet Social Security's definition of "disability." Social Security, by the way, has one of the most strict and most narrow definitions of "disability." Usually, they mean that you must be unable to perform any type of work that exists in the national economy.
Your representative will evaluate your claim and look for strengths and weaknesses. If there are problems looming, he or she will try to solve them to avoid a denial or delay in benefits.
The representative will prepare evidence for the judge or decision maker who will decide your case. If a hearing is necessary, the representative will appear with you at the hearing to explain the evidence and how it proves that you are legally disabled and should be paid a benefit.
There are countless other details that your advocate may perform for you. For example, he may speak to Social Security on your behalf or write a detailed brief which outlines the evidence. He will make an argument as to why your claim has merit. He may obtain professional opinions from your doctors that help satisfy decision makers that you are really disabled. The representative may negotiate with Social Security about the date you became disabled in an attempt to obtain more back pay for you.
In short, your representative is there to act on your behalf--to help get a decision from Social Security that is fair to you and which provides all the benefits you are legally entitled to receive.
The law protects you by setting limits on what your representative can charge you for legal fees.
Any fee proposed by your attorney or advocate must first be approved by Social Security. They will approve a fee only if your claim is approved and you receive a past due benefit. The advocate may only charge you a percentage of the back pay. If no back pay is recovered, there cannot be a legal fee. In this way, the claimant is protected from paying legal fees on a claim that is not approved.
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