Claimants often wrestle with the question of whether or not to engage an attorney in trying to secure benefits. As an attorney who has spent six years representing claimants, and over twelve years representing the Social Security Administration at the Federal Court and Circuit Court of Appeals levels, I can say from both perspectives the answer is yes you should get an attorney.
As a practical matter, at the development level of a case (prior to the hearing), the person charged with gathering medical evidence and other information (work history, job classification, documents from other legal proceedings, medical opinions, etc.) has little time to spend on each case. As a result, if a clinic or doctor does not respond to a request for records, or if other medical sources are available which Social Security is not aware of, the record upon which a decision is being made may be incomplete. Having an attorney verify treatment history, and make sure that records as well as doctor’s opinions are obtained BEFORE a decision is made is important.
Additionally, an attorney can be well versed in the requirements for disability based upon different illnesses or conditions. As a result, an attorney can obtain specific information from treating sources which help demonstrate your disability. Ensuring a complete record, and organizing the information in a manner most easily understood in the disability context, is a vital part of developing a fair and accurate presentation of a claimant’s case before SSA.
From the perspective of a government attorney, the majority of the denials which make it to the Federal Court level have developmental flaws at the lower levels. This is particularly troubling when the information which should have been part of the record but is not, would help show the claimant’s disability. Cases are often denied due to the fact that the record does not contain sufficient information to support a claimant’s complaints. At the Federal Court these cases were, unfortunately for applicants, easy to win for the government because the record does not contain sufficient information to allow disability. An experienced attorney representing your claim can help solve this problem and ensure a fair result.
