Applying for Social Security Disability (SSD) benefits can be really tough. One important decision you’ll need to make is whether to hire a Social Security attorney or a non-attorney Social Security advocate. Both can help you with your claim, but they have different levels of education, knowledge, and skills. This article will help you understand the differences between them and how to choose the best one for your situation.
Education and Qualifications
- Social Security Attorneys – Social Security attorneys have gone through a lot of education and training. They have a law degree (J.D.) and have passed the bar exam in their state. This means they understand the law very well and know how to argue for their clients.
- Non-Attorney Social Security Advocates – Non-attorney advocates may not have the same level of education. Some have special training in Social Security Disability law and procedures, but it varies a lot. Many get certified by the Social Security Administration (SSA) after passing a test and gaining experience, but this is not the same as having a law degree.
Knowledge of Social Security Disability Law
- Social Security Attorneys – Attorneys who specialize in Social Security Disability law know a lot about the rules and regulations that apply to SSD claims. They can understand and use the laws to help make a strong case for you. This knowledge is very useful, especially if your case is complicated.
- Non-Attorney Social Security Advocates – Certified non-attorney advocates know about Social Security Disability law, but they might not know as much as attorneys. They can help with many parts of the claims process, but their ability to deal with complex legal issues might be limited. This could be a problem if your case is unusual or difficult.
Appeals Process
- Social Security Attorneys – If your claim gets denied, you might need to appeal. The appeals process can be very complex. Attorneys are trained to handle appeals at all levels, including reconsideration, hearings with judges, and even going to federal court if necessary. They can find mistakes in the SSA’s decision and argue your case well.
- Non-Attorney Social Security Advocates – Non-attorney advocates can also help with appeals to the Appeals Council, but they cannot help with appeals to the federal district court.
Best Chance to Win Your Claim
- Social Security Attorneys – Having an attorney can increase your chances of winning your SSD claim. Attorneys bring a lot of legal knowledge, experience, and skill to your case. They can help you gather and present strong evidence, prepare you for hearings, and develop good legal strategies. Studies show that people with attorneys are more likely to get approved, especially during appeals.
- Non-Attorney Social Security Advocates – Non-attorney advocates can still be very helpful and improve your chances of success, especially for simpler cases. They know the SSD process and are dedicated to helping you. However, for complex or difficult cases, their lack of formal legal training might be a disadvantage.
Deciding whether to hire a Social Security attorney or a non-attorney Social Security advocate depends on your case and what you feel comfortable with. If your case is complicated or you think you might need to appeal a denial, hiring an attorney might be the better option to increase your chances of winning.
Both attorneys and non-attorney advocates are there to help you get the benefits you deserve. Make sure to consider their qualifications and experience before making your choice to get the best outcome for your claim.
Top 3 questions people often have about hiring a Social Security attorney or a non-attorney Social Security advocate:
- What are the main differences between a Social Security attorney and a non-attorney advocate?
Answer: The main differences lie in their education and training. Social Security attorneys have law degrees and have passed the bar exam, giving them a deep understanding of the law and legal procedures. This extensive training enables them to handle complex legal issues and represent clients in higher levels of appeal, including federal court. Non-attorney advocates, on the other hand, may have specialized training in Social Security Disability law and can be certified by the Social Security Administration, but their education is generally less comprehensive. They are well-equipped to handle straightforward cases and initial appeals but may not have the same level of expertise for more complicated situations.
- Can hiring an attorney improve my chances of winning my Social Security Disability claim?
Answer: Yes, hiring an attorney can improve your chances of winning your SSD claim. Attorneys bring a wealth of legal knowledge, experience, and advocacy skills to your case. They can help you gather and present compelling evidence, prepare you for hearings, and develop effective legal strategies. Studies have shown that claimants represented by attorneys are more likely to be approved for benefits, especially during the appeals process. While non-attorney advocates can also provide valuable assistance, particularly for simpler cases, attorneys generally offer a higher level of expertise.
- How do I decide whether to hire a Social Security attorney or a non-attorney advocate?
Answer: The decision depends on the specifics of your case and your personal preferences. Non-attorney advocates can guide you through the initial claims process and handle many aspects of your case efficiently. However, if your claim is complicated, has been denied, or you anticipate needing to appeal, hiring a Social Security attorney is likely the better choice. Attorneys have the legal training to handle complex issues and represent you at all levels of appeal, which can significantly improve your chances of success. Consider the qualifications and experience, of any representative you choose to ensure the best possible outcome for your claim.
