I think the public is generally misinformed about what services are performed by Social Security advocates or claimant's representatives. I have friends who are still convinced that the only service I perform is showing up at the hearing and "coaching" my client to victory. If only it were that simple!
Here is a bird's eye view of a good claimant's representative will provide.
Research. He will get to know as much as possible about your disability, particularly the limiting effects it generates by typical symptoms. I once represented a claimant with asthma and allergies caused by environmental inhalants. Learning about the hundreds of chemicals that can trigger an attack was quite an education for me. And it was certainly useful--I'd say, absolutely vital, in the hearing.
Case Development. That's a very general phrase that could encompass everything the representative does. I use the term to refer to finding medical evidence, sorting through and understanding the evidence, obtaining statements, affidavits or third-party reports; also, writing a brief that explains Social Security laws and rulings and tell the adjudicating judge where to look for more information. Put in a more simple way, it's making sure that the case is as "watertight" as possible from a factual viewpoint.
Statement of Theory. What are the logical conclusions, supported by the evidence, that will lead to the disability benefits being approved for this claimant? What do we have to prove? How an we prove it? The proper place for this "statement of theory" is the pre-hearing brief or memorandum; however, it will also be stated orally at the hearing.
Preparation of the Claimant. The claimant, never having attended an ODAR hearing before, must be prepared. He or she must know what questions to expect, the best way to frame an answer, how to describe symptoms and much more.
Oral Presentation of Evidence. The representative will usually provide an oral summation of evidence to the US Administrative Law Judge (ALJ) who hears the case. This may come from answering the judge's questions or making statements about evidence or points of law, or from questions the representative asks his claimant during the hearing--all of which goes into the hearing record.
Management and Damage Control. The goal of an experienced claimant's representative is to have the hearing go smoothly and according to pattern. There are any number of variables that can spin a hearing out of control, from the claimant's point of view. Which ALJ you will be assigned is a big variable. The vocational expert who testifies will be a variable. Tough questions asked by the judge can stall out a case. The job of the representative is to correctly interpret such challenges, then address the problem logically and convincingly. All of this occurs under intense pressure and without a lot of time for thinking it over. (The thinking should have been done before the hearing).
No two cases are alike. Some require more work than others. But all require and deserve good preparation. If you would like free information about your Social Security disability case, please click here then use the link on our homepage to send us your confidential information.
Here is a bird's eye view of a good claimant's representative will provide.
Research. He will get to know as much as possible about your disability, particularly the limiting effects it generates by typical symptoms. I once represented a claimant with asthma and allergies caused by environmental inhalants. Learning about the hundreds of chemicals that can trigger an attack was quite an education for me. And it was certainly useful--I'd say, absolutely vital, in the hearing.
Case Development. That's a very general phrase that could encompass everything the representative does. I use the term to refer to finding medical evidence, sorting through and understanding the evidence, obtaining statements, affidavits or third-party reports; also, writing a brief that explains Social Security laws and rulings and tell the adjudicating judge where to look for more information. Put in a more simple way, it's making sure that the case is as "watertight" as possible from a factual viewpoint.
Statement of Theory. What are the logical conclusions, supported by the evidence, that will lead to the disability benefits being approved for this claimant? What do we have to prove? How an we prove it? The proper place for this "statement of theory" is the pre-hearing brief or memorandum; however, it will also be stated orally at the hearing.
Preparation of the Claimant. The claimant, never having attended an ODAR hearing before, must be prepared. He or she must know what questions to expect, the best way to frame an answer, how to describe symptoms and much more.
Oral Presentation of Evidence. The representative will usually provide an oral summation of evidence to the US Administrative Law Judge (ALJ) who hears the case. This may come from answering the judge's questions or making statements about evidence or points of law, or from questions the representative asks his claimant during the hearing--all of which goes into the hearing record.
Management and Damage Control. The goal of an experienced claimant's representative is to have the hearing go smoothly and according to pattern. There are any number of variables that can spin a hearing out of control, from the claimant's point of view. Which ALJ you will be assigned is a big variable. The vocational expert who testifies will be a variable. Tough questions asked by the judge can stall out a case. The job of the representative is to correctly interpret such challenges, then address the problem logically and convincingly. All of this occurs under intense pressure and without a lot of time for thinking it over. (The thinking should have been done before the hearing).
No two cases are alike. Some require more work than others. But all require and deserve good preparation. If you would like free information about your Social Security disability case, please click here then use the link on our homepage to send us your confidential information.
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