Filing for social security disability can be a long, confusing, and convoluted process, especially without legal representation. If you have previous experience dealing with the government or government agencies, you know this to be true. On hold wait times, repetitive paperwork, and having to wait on others all lead to lengthy process times and can be the source of much frustration to all involved.
Obtaining a legal representative to assist you in your disability claim is quite possibly one of the smartest decisions you can make. Once you have decided to obtain representation, the question of “Who do I choose?” arises.
Did you know that you do not have to be an attorney to represent someone on their disability claim? As crazy as that sounds, it is true. An individual called a “claims agent” or “claims representative” is simply a person who has met the necessary Social Security Administration’s (SSA) requirements and has been approved by the SSA to legally represent a person applying for disability. You may be thinking, “This is great, I have options!” While this is true, let’s address a few points about choosing legal representation.
LEGAL REPRESENTATION IS NOT AN ATTORNEY.
The terms “attorney” and “legal representative” are sometimes used interchangeably, but they have different meanings depending on the legal context and jurisdiction. Here’s a breakdown of the differences:
Attorney: a person who is licensed to practice law and represent clients in legal matters, including in court. They must have a law degree, pass the bar exam, and be licensed in a particular jurisdiction. Their duties and/or responsibilities may include providing legal advice, drafting legal documents, representing clients in court and negotiating on behalf of their client.
Legal Representative: A broader term that refers to any person who has the legal authority to act on behalf of another person or entity, especially in legal or business matters. This can include attorneys, but also others such as a guardian for a minor or incapacitated adult, an executor of a will, a power of attorney (POA) holder (who may or may not be a lawyer) or a corporate officer acting for a company. Their qualifications include that they may or may not be legally trained; it depends on the type of representation and local laws.
The key difference between attorneys and legal representatives is that attorneys are always legal representatives, but not all legal representatives are attorneys. That being said, it is generally better to have an attorney represent you in court rather than a legal representative for several important reasons:
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Attorneys Are Trained in the Law
- Legal Expertise: Attorneys understand the law, court procedures, rules of evidence, and how to argue a case effectively.
- Strategic Thinking: They know how to build a strong legal argument, respond to opposition, and handle unexpected legal issues.
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Court Rules Usually Require It
- Most courts only allow licensed attorneys to represent others in legal proceedings, especially in criminal, civil, and appellate courts.
- Non-attorney legal representatives (like a family member with power of attorney) are usually limited to non-court matters, unless the court gives special permission, which is rare.
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Attorneys Can Advocate More Effectively
- Attorneys know how to cross-examine witnesses, object to improper evidence, file motions and appeals correctly and negotiate favorable settlements. They are also familiar with other cases that may be similar as well as effective arguments to produce the desired results.
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Legal Representatives May Be Limited
- A non-attorney legal representative may be unfamiliar with legal jargon and court rules. They may miss deadlines or legal strategies. Also, if they are not authorized, they are unable to speak or act in court. Which leads us to ask, why even be there?
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Better Outcomes
- Statistically, people represented by attorneys tend to have better outcomes—which in terms of obtaining your disability benefits, is HUGE. Matter of fact, a study by the Government Accountability Office (GAO) showed that applicants with attorneys are about three times more likely to win their cases.
The Bottom Line
In many recipient cases, disability benefits are their livelihood. Why would you leave your livelihood in the hands of someone who cannot represent you with 100% confidence and legal authority?
The legal team at Parmele Disability Advocates has earned favorable decisions for over 61,000 individuals! Plus, our legal team has over 150+ years of disability legal experience. Given that, shouldn’t contacting Parmele Disability Advocates be your next step? Call our office at 866-889-2570 to set up your no-cost consultation where together, we will discuss your next best steps.
Parmele Disability Advocates. Disability advocacy for all.