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A FALSE SENSE OF SECURITY, "THE NON-ADVERSARIAL PROCESS"

Social Security claims to use a non-adversarial process to handle disability appeal hearings.  In a way that's true but don't be lulled into a false sense of security.

A non-adversarial process really means two things:  (1) Social Security will not have an attorney present at the hearing to argue against you, and (2) the hearing will use rules of evidence that are less formal than would be used in a civil or criminal trial.

While Social Security has no lawyer at the hearing, it will have other professionals who can be tough:  the administrative law judge, the vocational expert and quite possibly the medical expert (doctor).  All these individuals have the potential to derail your claim.

In short, if you go to your hearing unrepresented, there will be only person there who is dedicated to winning the claim. YOU.  There will no no one to watch your back.  That would be the job of your advocate, attorney or representative.  

I've seen a thousand successful hearings where I feel an unrepresented claimant would have lost.  It's not that anyone tried to be unfair or tricky.  It's that rules that permitted the case to be paid would not have been used, or that adverse testimony from a vocational expert would have gone unchallenged.  

The sign behind my desk reads truthfully:  "GOOD REPRESENTATION ISN'T EXPENSIVE.  IT'S PRICELESS." 

And remember, if yo don't win you pay no fee and no expenses.   

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