THE JOB(S) OF A DISABILITY ATTORNEY OR ADVOCATE

If your Social Security disability claim has been denied and you filed an appeal on time, you are headed for a hearing before an Administrative Law Judge (ALJ).

If you come to the hearing unrepresented, the judge will want to postpone the hearing to give you time to find a representative to help you.  This will cause an additional delay of 3 or 4 months.

Why do you need an attorney/representative at the hearing?  The judge wants to be sure that your rights are protected and that you have adequate counsel at the hearing.  The judge also wants someone who speaks his language.  Social Security uses terminology all its own.  When terms like AOD, DLI, Amended AOD, SGA, RFC, SVP, etc. are thrown around, the judge needs someone representing the claimant who understands the language. A local judge recently told a claimant, "Bring somebody who speaks my language."

Your representative is also responsible for preparing the case for hearing.  You don't just walk into a hearing and find it has automatically prepared itself.  The attorney or advocate has many jobs to get ready for the hearing:

1.  He will obtain all your medical records and submit them.

2.  He will read and analyze all of your medical records to see how they technically support a disability claim.

3.  Your representative will seek to strengthen your case by obtaining opinion evidence from your doctor.  This is called a Residual Function Capacity or Medical Source Statement.

4.  Your attorney/representative knows the right questions to ask at the hearing.  He/she also knows when to make an objection.

5.  Your attorney/advocate is responsible for dealing with testimony from the expert witnesses that Social Security may bring to the hearing.  There is always a vocational expert and sometimes a medical expert (doctor) present.  You should not have to cross examine these experts yourself.

6.  Your representative is responsible for helping you get all the benefits you are entitled to get.  For example, you can lose thousands of dollars just by having your alleged onset date changed.  Your representative understands the consequences of making changes to your case, even if those changes seem unimportant to you.

Unlike many areas of law, you never pay an attorney or advocate a fee for representation unless you win your case and receive retroactive or "back pay."  If you lose, no fee is due.  If a fee does become due, Social Security will withhold the fee and pay it to the representative directly.  You never have to write a check.
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THE FORSYTHE FIRM
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297

SOCIAL SECURITY JUSTICE (WEBSITE)