Why you should hire a Disability Lawyer NOT a Non-Attorney Advocate

Since disability attorneys and non-attorney “advocates” can charge the same fees, it usually makes sense to hire a lawyer. Either way the person you hire will not be paid unless you win your disability claim; likewise, both are paid directly by the Social Security Administration (SSA) out of your back payment benefits. Both attorneys and non-attorney advocates are entitled to the same.

What Is the Difference Between an Attorney and Non-Attorney Advocate?

The biggest differences between an attorney and a non-attorney advocate (or representative) are their education levels and training.

Attorney. To become an attorney, you must have the following qualifications:

• a bachelor’s degree (four-year college degree)

• a juris doctorate (J.D.) degree (usually a three-year program of legal studies), and

• admission to a state bar (which requires passing a rigorous bar exam). Attorneys then practice law and learn how to zealously cross examine witnesses; including the expert witnesses hired by the SSA who will testify at your hearing.

Non-attorney advocate. The SSA has established the following requirements to get paid directly by Social Security for acting as a non-attorney representative/advocate:

• a bachelor’s degree or “equivalent qualifications derived from training and work experience” – so not even a college degree is needed.

• passage of a criminal background check

• professional liability insurance

• passage of a written exam administered by the SSA, and

• completion of continuing education courses.

Why to hire a Disability Attorney:

When deciding whether to hire a lawyer versus an “advocate,” you should consider the following pros of hiring a lawyer:

• Attorneys are bound by professional conduct rules and ethical obligations to zealously represent their clients. “Advocates” are not.

• Attorney are bound to keep anything you tell them confidential due to the attorney-client privilege. There is no attorney-client privilege with an “advocate.”

• An attorney has many years of specialized training, which will better enable them to spot and resolve potential legal issues and to craft legal theories for reasons you should get benefits.

• An “advocate” cannot appeal your claim to the federal district court level, and

• You can file a complaint against an attorney through your state’s grievance commission if you feel your attorney did not act in your best interest; there is no such recourse with non-attorney representatives.

Making Sure You Hire a Lawyer:

It is important to you that your representative is an experienced and licensed attorney. Ask directly whether he or she is a member of the bar, because non-attorney representative firms can use misleading titles such as:

• legal representative

• claimant representative

• disability representative, or

• disability advocate.

Call today to speak with our attorney about your options at (248)-395-4100.