When your disability claim is denied, as about 75 percent are, you will eventually go before an administrative law judge for a hearing. If you show up unrepresented, the judge's clerk will advise you to seek representation. You will be offered the opportunity to postpone your hearing to seek representation for the hearing.
Legal representation is highly desired. And it makes sense when you think about the services offered by your representative or advocate:
1) Making sense of the Social Security rules and regulations. The judge must act according to the law. Presenting your case in a way that follows the laws is essential.
2) Analysis of the medical records, finding both the good and the bad--evidence that supports an approval--and evidence that may pose a problem. Your representative will know how to use the evidence. He/she will seek out new evidence to support your claim.
3) Applying technical rules to give you a better chance, such as using the Medical-vocational or Grid rules to help you; using the Listings to show that you are disabled.
4) Helping you complete the piles of forms, questionnaires, interrogatories, and supporting documents.
5) Making sense of technical issues: Alleged Onset Date, Date Last Insured, Duration Requirement, and all the other rules.
6) Handling testimony from the vocational expert, who is always present for a hearing (called by Social Security). This testimony poses the greatest danger to losing your benefits.
7) And very important....making sure you get every dollar of back pay you deserve.
HOW REPRESENTATION WORKS:
You pay nothing for representation unless you win your claim. If you win and receive back pay, you keep 100 percent of your monthly benefit. Social Security will pay the representative's fee, using a small percentage of the back pay. If your claim is not decided in your favor, or if you do not receive back pay, you will not be charged a legal fee at all. This is called a "contingency fee" arrangement - You pay only if you win.
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The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
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