Hiring an Attorney - Avoiding a "Representative"

When you get to a point when you need or want an attorney, get one and be sure you get a good one. There is an organization called NOSSCR that can direct you to attorneys in your area who help Claimants obtain benefits. Their toll-free telephone number is (800) 431-2804.

All attorneys who do Social Security Disability law are paid the same in accordance with federal law, namely, 25% of your back benefits only, up to a current maximum attorneys fee of $5,300.00, but only if they win your case. If they are unable to help you get benefits, then you do not have to pay them for their legal services. Social Security is a very complex and complicated business, and when you hire an attorney, you want to be sure that you hire a good one. Before you retain one, ask them how many cases they have handled, what their winning record has been, how long they have been representing Claimants before Social Security and why they would hire themselves if they were looking for an attorney.

But, there is a problem: there is a group of people out there who are not attorneys who, because of an old Social Security Rule, can still represent Claimants just like attorneys can. The Rule was originally passed over half a century ago because there were not enough attorneys to represent all of the people who needed them, something that no longer exists today. The Rule very simply permitted non-attorneys to represent Claimants even though they don’t have law degrees, are not licensed to practice law and have no meaningful way to obtain the knowledge and experience to object to evidence, present legal arguments on legal, medical and factual issues that are associated with such Claims and handle appeals properly and on target. They are called “Representatives.” Stay away from these guys.

Why Claimants hire non-attorneys to represent them in a legal proceeding is because they don't know any better. They have been tricked into thinking either that the "Representative" is an attorney, or because they are told by the "Representative" that they are just as good as an attorney, know things that attorneys do not, or that they do so many cases, they are more qualified than most attorneys are. This is all, of course, misleading and untrue, but there are unfortunately many people who have been sold this bill of goods. The bottom line is simply this: you are going to pay whoever represents you an attorneys fee, so you might as well have the real thing, an attorney, and not some "Representative" attorney-wanna-be.

These “Representatives” are usually hired by “Mills” and to them you are not a real person, but only a number. They routinely do little work on your case, won’t even talk to you when you call them; show up at your hearing 30 seconds before your hearing starts; don’t have much to say or introduce or argue at your hearing; always have a non-lawyer, secretary or assistant talk to you when you do call; immediately drop your case if they lose it; and refuse to represent you further on appeal if you do lose. If you have to file an appeal in Federal District Court, they can't help you because you have to be an attorney to file an appeal there. As non-attorneys, they also don’t understand how to do an Opening Statement, object to evidence, protect your record on appeal, do a Closing Argument or draft and file a post-hearing legal Brief. They are not attorneys, so what do you expect?

And remember, never, never, never, never, never, never, never give up, as Britain’s former Prime Minister Winston Churchill once said, to which I would add appeal, appeal, appeal - and appeal again.