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SELF REPRESENTATION / NO REPRESENTATION?

Is it a good idea to represent yourself at a Social Security disability hearing?
 
If a person chooses to "represent himself," then he is unrepresented.  I think there are some pitfalls to non-representation.  I will mention a few.

Inexperience.  The lack of experience is a huge factor. If a person represents himself in a disability hearing, he is most likely experimenting on himself.  Since he has probably never seen a disability hearing, let alone handled one, the entire process is pretty much unknown.  It's a case of "make it up as you go along" and hope it all works out.  It seldom does.


Lack of PreparationIf a person has no experience with Social Security disability hearings, how can he know how to prepare?  You cannot prepare for the unknown.  Effective preparation before the hearing probably wins most cases.  If you don't know what evidence will be required it is unlikely that you can prepare it.


Surprises.  What type of questions will you have to answer?  What type of evidence is required?  What is the role of the vocational expert?  What is the five-step sequential process all about?  Will your alleged onset date be challenged?  There are a thousand surprises that can befall a claimant during a Social Security hearing.  Not knowing what to expect can be devastating.  You only get once chance to do this right.


Nervousness.  Most of my clients, frankly, are nervous enough.  If they went into the hearing alone and unsupported, I hesitate to believe that most of them could calmly, deliberately organize a presentation, remember all the evidence, answer all the questions,and  examine the vocational witness under oath before a federal judge without a case of the nervous jitters (in which serious mistakes would be made). 


There must be a hundred other good reasons for not attending a Social Security disability hearing alone. However, I hope those four reasons are enough to encourage you to at least talk to an experienced advocate or attorney about representation.  There is no risk.  Your representative cannot be paid unless you win. 

Comments

  1. The latest statistics indicate that about 90 percent of claimants are now professionally represented at Social Security hearings.

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