DO SOCIAL SECURITY EMPLOYEES WORK AS YOUR ADVOCATE?

Many claimants for disability first make contact with an employee at the Social Security Administration. These employees can be helpful in providing information, giving out forms, and helping to fill out forms. However, these employees are NOT your advocates.

What does this mean? It means that employees at the Social Security office are not there to help win your claim or to get it approved. They are neutral workers, who are neither for you or against you. The individual you speak to at the local Social Security office is not the person who will decide whether you get benefits. Another office will determine that.

Here in Huntsville and North Alabama, all disability claims are forwarded to a state agency in Birmingham. This agency is called the Alabama Disability Determination Service or DDS. It is not staffed by Social Security employees but by state workers. The DDS will examine your claim and determine whether or not you qualify for benefits. The denial rate on disability applications at DDS is somewhere around 80 percent. Fewer than 3 out of 10 get approved there.

So what if you want an advocate--meaning, someone who will fight for you to help you get approved? You will need to appoint an advocate or attorney who understands Social Security laws and how to help get disability cases approved. (No one can guarantee that you will be approved).

What will this professional do that you can't do for yourself, you may ask. Fair question!

Your advocate will help you gather medical evidence, such as records from your doctors. He/she may help you complete long, complicated forms and questionnaires. He/she can answer questions asked by Social Security or the DDS. Often, the advocate knows what increases your odds of approval and takes action to make your application stronger. An advocate/attorney will also help you to meet deadlines, and will appear with you at any hearings that may be required (such as going before an Administrative Law Judge).

Is this advocacy expensive? You might think so, but it's really one of the least expensive items within the legal community. That's because Social Security sets the fee and the circumstances under which a fee can be charged:

Your advocate may only charge you a fee if you WIN and also collect back pay or retroactive benefits. The back pay comes as a lump sum and your advocate will receive a small percentage of the back payment. If you don't get any back pay, you cannot be charged a fee. Social Security also sets the maximum fee that can be charged. NO WIN, NO PAY.

Social Security employees perform an excellent service to individuals who need their services. However, they are not allowed to act as your representative or advocate. If you want advocacy or representation, you must contact one of the attorneys or other advocates who work in this field. And there are many good ones. You should always be able to get a free consultation or case evaluation. You can find out how strong your case is and whether you have a chance of receiving disability benefits. The process if confusing and difficult. Choose representation carefully.