The short answer is no you don't need an attorney in your SSDI or SSI claim. However, statistics do show
that those that are represented are more likely to win. So if you do decide to go it alone you must get as much knowledge
on Social Security Disability as possible. If you have a good understanding of
how Social Security determines if you are disabled and make sure you get all your medical records including RFCs you will increase your chances of winning on your own.
This is true even if you have a representative. If you plan on representing yourself take a look at the
how to win section of this site. You should also read the
key to SSDI and SSI and
SSDI and SSI tips page. You will also want to review the stage you are at whether it is
application,
hearing or
Appeals Council. Lastly you should have a good understanding of the
GRID rules and the
Medical Listing of Impairments.
If you are at the hearing stage or Appeals Council even if you understand the
Social Security Disability process you may want to consider having an attorney at this point. A lawyer who has handled Social Security Disability
hearings before is comfortable in that setting and should be able to make sure you are given a fair hearing. Most ALJs
are fair and if an attorney is not representing the claimant will try to make sure that claimant gets a full and fair
hearing. But I know from experience that a small number of Administrative Law Judges will not look after your interest
in fact some can be quite hostile. A lawyer representing you at the hearing will make sure all questions are asked that
need to be asked and will organize your case and present a winnable theory of your case to the ALJ. It
also helps to have a lawyer at your hearing even if you ultimately lose at that stage because your next step is to the Appeals
Council and the lawyer will have to come up with a theory as to why the case should be reversed (appeals council
finds you disabled) or remanded (sent back for a new hearing).
Why should you have a lawyer at the Appeals
Council stage? You could just fill out the request for review form and give your reason you think the ALJ made
the wrong decision but it is much more effective to have a well written letter brief to the Appeals Council stating the law
that is relied on in your argument. This requires an extremely good understanding of Social Security Law and how it
applies to a judges decision. It is probably a good idea to have an attorney or experienced representative
write a letter brief to the Appeals Council due to the need to know the grounds for having a case reversed or remanded.
But no two are the same and each one requires good sources of information that attorneys who practice in this area have.
If you would like to speak to a lawyer who has handled thousands of Social Security Disability claims you can
email me. I am a Board Certified Social Security Disability Specialist by the National Board of Social Security Disability Advocacy.
Please note that this website is seen nationally and not all states recognize the use of this title.