WHY YOU SHOULD HIRE A DISABILITY LAWYER NOT A NON-ATTORNEY ADVOCATE

Gordon & Pont • May 07, 2019

KNOW THE DIFFERENCE BETWEEN AN ATTORNEY AND NON-ATTORNEY ADVOCATE

Insurance Benefits Claim Form — Southfield, MI — Gordon & Pont PC
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.
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A recent Washington Post article revealed how frequently the SSA loses when Claimants appeal their denials in Federal Court. Remands back to the ALJ are at a record high. "In the last two fiscal years, federal judges considering appeals for denied benefits found fault with almost 6 in every 10 cases and sent them back to administrative law judges at Social Security for new hearings - the highest rate of rejections in years, agency statistics show." Why is this Happening? "Federal judges have complained of legal errors, inaccurate assessments of whether claimants can work, failures to consider medical evidence, and factual mistakes, according to court rulings and Social Security’s own data." The SSA is making more mistakes and wrongfully denying more claims. “The system has become one of ‘how do we deny this claim’ rather than ‘what is the right answer in this person’s case?’” ... “And the Federal Courts agree: ‘You have to do a better job.’” Success Stories: "At his hearing in March, a new Social Security judge considered the rulings by three federal judges who found that the agency failed to properly consider the severity of his headaches, nerve damage, and other impairments by ignoring treatment notes from his doctors. An outside doctor Social Security hired to examine him also described severe “pain and anxiety” from his injuries. He prepared to wait for months for another rejection. Instead, the written decision came just two weeks later: Sheldon had been awarded the monthly benefits — along with $205,000 in back pay. His first check landed in his bank account this month." This is why we do what we do. To read the full Washington Post article: Click here - https://www.washingtonpost.com/politics/2023/05/25/social-security-disability-denials-court-remands/
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