"May I represent myself at a Social Security disability hearing?"
Most disability applications will wind up in a hearing before an administrative law judge (ALJ). The judge will decide whether you are disabled according to Social Security's rules and regulations. Can you represent yourself? Yes, of course.
However, this question can be translated a number of ways, including:
- Do I know the regulations well enough to represent myself?
- Do I want to practice my first hearing on myself?
- Should I be the only person in the hearing who is new at this?
- Is trying to represent myself really a good idea, since I only get one shot at this?
I have seen statistics that say unrepresented claimants win about 39 percent of the time, while represented claimants win about 62 percent. I don't know if these numbers are accurate but I do know that professional representation gives you a better chance of success in a hearing.
I also know that your representative cannot charge you a fee unless you win and are awarded past due benefits. The representative has a lot riding on the outcome of your case. You have even more riding on it.
There are 1,000 reasons why you need help with a Social Security disability claim (SSDI). The most obvious reason is that about 70 percent of all claims are denied at the application level--and approximatley 58 percent are denied at the hearing (appeal) level.
So, at the initial application level, you have only a 30 percent chance of approval. At the hearing, there is only a 42 percent chance of approval.
If you lose at the hearing, you either wait 12 more months for a review by the Appeals Council--where the odds are against you; OR you file a new claim and wait 24 months for a new hearing. The new claim is prejudiced by the previous denial--another strike against you.
The wisest thing is to have guidance by a professional from the start. This does not guarantee success, of course. However, statistics do show that claimants who are professionally represented have a higher chance of being awarded than those who are "unrepped."
You will never pay your representative a fee unless you win and are also awarded a past due benefit settlement.
Contact the Forsythe Firm, a Huntsville, AL based disability advocacy firm, at (256) 799-0297.
