| Burton &McKinnish, PLLC Attorneys at Law |
| Experience Equals Results |
How to choose a Representative
| There are several questions to ask before choosing a person to represent you in a Social Security case. This page is merely a guide to finding a representative that can be successful in pursuing your claim. You should choose a representative that you feel comfortable with. 1. An Attorney or non-attorney? Social Security allows non-attorney's to represent persons applying for Social Security benefits. There are several non-attorney representatives that do an amazing job representing their clients. However, there are several issues that you should be aware of before hiring a non-attorney representative. A. The fee will be the same even if you hire an non-attorney. B. Attorneys are bound by strict ethical guidelines set forth by the Board of Professional Responsibility. Non-attorneys are only bound by limited ethical guidelines set forth by the Social Security Administration. Thus ethical complaints made against attorneys will be filed with the Board of Professional Responsibility as well as with the Social Security Administration. C. Attorneys often carry large malpractice insurance coverage. Non-attorneys are not required to carry malpractice insurance. Thus, if your claim is mishandled to the point of malpractice you can often collect from an attorney's insurance carrier. If your non-attorney representative mishandles your claim you may not be able to recover any damages. D. Only attorney's can take your claim to Federal Court. 2. Experience Ask your representative how much experience he or she has with SOCIAL SECURITY CLAIMS. This is extremely important because some attorneys advertise they practice Social Security disability and claim they have "extensive training and experience". However, this "extensive training and experience" is in other areas of law that are only similar to Social Security claims such as Workers Compensation or Personal Injury. Social Security is a complex law and cannot be practiced in the same manner as other types of law. Furthermore, do not assume an attorney has training in Social Security law. Social Security law is only an elective course in law school and may not have even been offered at the attorney's law school. You may also wish to look for a representative that has previously worked for the Social Security Administration. 3. When to retain representatives services. Be very leary of a representative who tells you to wait until after you have been denied at least once to retain their services. There are very important steps a representative can take at the initial level to improve your chances of being approved. 4. Organizations Ask your potential representative if he or she is a member of the National Organization of Social Security Claimants Representatives (NOSSCR). This organization is highly regarded as the most prominent organization for representatives. NOSSCR has made significant leaps to ensure the protection of Social Security claimants. Remember, that if you have been using an attorney for a different issue or know a friend who is an attorney do not be afraid to as that attorney to refer you to an experienced Social Security Attorney. |
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