Friday, February 21, 2020

REPRESENTING YOURSELF IN DISABILITY CASES

I've seen very intelligent, very organized individuals represent themselves in disability cases.  They do an inordinate amount of work, make perfectly logical arguments, and they lose their case.

Let me explain, using a "what if" story:

Suppose you have become disabled and filed an SSDI claim which is then denied.  I come to you and say:

 "I want to represent you.  I have never handled a disability claim before.  I don't know the first thing about Social Security law, and yours will be my first case.  Your hearing will also be my first one. I'm going to figure this out as I go along. I would like to practice on you as my very first case. I'm intelligent and well organized.  How about letting me represent you?"

What would your answer be?  I think you would rightly say, "No, thank you.  There's too much riding on this."

Yet, this is exactly what you get when you represent yourself.  

Social Security disability is one of the most complicated processes that you will ever deal with.  It's based on a certain set of laws, rules and burdens of proof.  It is certainly not for the beginner.  Do you really want a beginner handling your case?  If not, is it wise to represent yourself.

I think most people who choose to represent themselves feel that they might save a few thousand dollars.  It's true, of course, they might.  But if they lose, there is no way to come back and do it over.  When the judge has ruled, the decision is made.  You may appeal, but your odds at the appeal are less than half as good as they were at the hearing.  

The advice to get counsel may seem self serving.  However, my firm has all the work it can handle and I often refer prospective clients to other firms in the area.  My sincere advice is, "If you don't hire us, hire someone else to help you with this."

Look at your own resume, then decide if it's wise to hire yourself to represent your disability claim.  


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