Hoglund Law Blog

When you decide you need professional help getting approved for Social Security benefits, who can help you? 

Who Can Represent Me?

Social Security allows attorneys to represent you at Social Security hearings.  But did you know the government lets anyone else without any legal training to represent you as well?  The Social Security Administration has no licensing or requirements for Social Security “advocates” or “representatives”.  Anyone without any relevant educational background whatsoever can say he or she is an “advocate ” or “representative” and begin advertising for clients.   

What Difference does a Law Firm Make?

You have money riding on your Social Security claim.  If you decide you want professional legal help for your case, you need a licensed attorney at a law firm.  Only licensed attorneys at law firms can check the “I am an attorney” box on your SSA-1696 form.  What difference can licensed attorneys at a law firm make?  Early in the Social Security application and appeals process, legal issues can arise.  Good cause, coverage for benefits, and interpretations of self-employment income are just a few of the situations requiring sound legal judgment and experience at the lower levels.  A quick scan of the Internet reveals the kind of problems that can arise with “advocate” companies.  Click here.  So, if you want a licensed attorney, a real law firm with real legal experience can make a difference in your case. 

At the hearing level, keep in mind that you will testify before a federal administrative law judge (an attorney by training) at a recorded hearing under oath that can also include testimony from goverment-appointed medical and vocational (job) experts.  At a hearing, your attorney may need to:

• Argue federal case law, regulations, and Social Security rulings before a federal judge;
• Order, submit, review, and properly interpret your medical and vocational records;
• Understand and apply legal procedures and exceptions that may benefit your claim; 
• Effectively conduct direct examination of you and cross-examination of experts; and
• Write persuasive legal briefs either before or after your hearing arguing why the law and medical evidence supports your approval.  

With these functions in mind, here are some good questions to ask of any firm or group you may hire:

• Do only licensed attorneys represent me?  If not, what educational qualifications do the “non-attorneys” have to represent me at my federal hearing?
• What is your experience doing Social Security hearings?  For example, how many Social Security hearings do you do per month and per year?
• Does your firm ever appeal your own cases to federal court?  (Note that only law firms can represent you at this level.)
• How many years has your firm represented Social Security claimants?
• Are you paid through private contracts?  Can I see those contracts before hiring you?
• If a firm contacted you first, how did you get my name and contact information? 
• Do you dedicate all your time to Social Security claims, or split it with other areas?

Who Represents You?

At times, people are told they need to apply for Social Security benefits.  The following entities can also hire “advocates” or “representatives” because getting you on benefits helps them:

• Hospitals (seeking insurance coverage),
• Counties (seeking return of welfare payments),
• Corporations (seeking return of self-insured disability payments through an “offset”), and  
• Private long-term disability insurance companies (seeking return of past benefits through an “offset”). 

These corporations or government entities can assign you an “advocate” or a  ”representative”.  But keep in mind that you still must agree to sign the forms that Social Security needs to appoint them.  Sometimes these representatives are paid through pre-arranged, private agreements.  If you want your own attorney to represent only you, read on. 

Your Choice

An important point:  You have the right to choose your own attorney to represent you in your Social Security claim.  At Hoglund Law Offices, we are a private law firm with only licensed attorneys representing you.  Our Social Security attorneys limit their practice to Social Security law, and have experience with legal arguments, procedures, and hearings.  We are not paid by any third-parties.  We charge a fee only if you are approved.  The fee comes out of your back-pay only. 

Remember, you can choose who represents you.  If you want experienced and licensed attorneys at a law firm, you have the right (and should) hire who you want.  Your Social Security disability claim is an important event in your life.  Make sure you trust who handles it.

Andrew Kinney, Esq.

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