Disability Advocacy Firms and Claimants of Social Security Disability Benefits

Navigating the Social Security Disability process is daunting and it is extremely difficult to get approved for benefits. The Social Security Administration (SSA) has a set of rules and regulations on how it must determine if someone is disabled. Some of these rules are vague and many of them are not properly understood. Having an advocate (attorney or non-attorney) usually increases a person’s chance at getting approved for benefits. Most people looking for an advocate turn to the internet for information. A quick Google search will offer loads of links for "Disability Advocates" and will provide a "Free" review of a person's case. The prospective client enters her contact information into the contact form and answers a few questions. The information is forwarded to disability advocates and lawyers who pay for this information. There is nothing wrong with this practice and it puts many people in contact with great advocates.

Problems arise when advocate firms purchase more client contact information than they need. It is very hard for disability advocates to make money in this practice. Fees are relatively low compared to the average legal fees for other types of services. Firms can struggle with making a profit while maintaining ethical standards with serving clients. Despite this fact, there are many firms that manage to handle a large case load and assist each client properly

Unfortunately, there are firms that skip the ethics for fast and large profits by taking on as many cases as possible. Then with a huge caseload, these firms use a bare minimum of qualified staff and good processes. These operations are what is known as "Application Mills". Often very inexperienced workers are provided with simplified training in the disability process and often expected to manage heavy caseloads. Clients of these firms will complain of not being able to reach a live person or get a returned phone call. Because of a high employee turnover rate, a client can have his case reassigned several times to different workers. SSA does not receive timely responses from the firm regarding client cases. Crucial details in cases get missed resulting in longer than necessary wait times to receive benefits and denials of cases that otherwise may have been approved. A person's disability case should never be seen as a money grab bag and every client deserves the proper attention.

Disability claimants are told by friends, sometimes even their physicians that they should hire an ‘attorney’. One physician actually told his patient he needed to get an attorney because advocates are ‘worthless’. Both attorneys and non-attorneys can be advocates. Both can be great or bad advocates. A qualified non-attorney advocate must pass a rigorous background check, a difficult written test, and complete continuing education specifically in Social Security Disability laws and regulations. Having a law degree does not guarantee that a person can adequately represent someone in a disability case. The law governing the SSA and its disability programs is a special area of law and only those that are well versed in it are the best advocates. Because there are advocates that do not operate ethically, it can be hard for a good advocate to prove herself. SSA workers have been known to advise an applicant that he does not need an advocate or that an advocate will only drag his case out to try and make more money. While this is true of some advocates out there, it is not true of most. SSA workers see the ugly truth when a disabled person is being represented by an unethical ir bad advocate. Some feel helpless knowing that the disabled person is not getting the help she needs to get her case approved. The stigma has unfortunately put SSA on the defensive when it comes to advocates, sometimes. It is not proper, however to advise someone to forgo representation during the disability process. The key is to find a good advocate.

If a disability claimant is not well serviced by her advocate she can dismiss the advocate and hire someone, new. The previous advocate cannot charge a fee for the work they have done without specific approval from SSA. To get paid the former advocate must petition the SSA and show the work that she completed on the case. SSA will consider things such as the amount of work done and expertise require for that work to determine how much if any the former advocate can charge.

Organizations such as NADR and NOSSCR can put disabled persons in direct contact with a qualified representative via referral services.

More will come on this issue as I am very passionate about fair and competent representation of disabled persons applying for disability benefits. Please feel free to comment below or ask me questions!

April L. Roberts, EJD EDPNA

april@aaria.org

www.aaria.org

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