Nonattorney representative

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claimants may choose to hire a disability lawyer or a non-attorney representative to help them with their case.

Non-attorney representatives can be family members or friends, but they are generally what the industry calls “disability advocates,” and they are individuals trained to assist claimants with the main tasks of getting SSDI or SSI benefits- filing the disability application, filing all appeals for the SSDI claim, and appearing at the hearing to argue the disability case. Unlike disability lawyers, however, non-attorney representatives do not have a law degree.

What do I need to do to become a non-attorney representative?

Although a non-attorney representative does not have to be a lawyer, they will still need to be qualified to deal with a variety of legal, medical and technical issues. If the non-attorney representative is a trained disability advocate they will generally need to have a college degree with a specialty in law, social work, or a related medical field.

Although there are certifications which can be issued to a non-attorney representative, they may not be required. Generally, the SSA simply states that the non-attorney representative must not be disqualified, must not be suspended, must be capable of providing good advice, and must have strong moral character.

Non-attorney representatives may choose to work independently, which means they are not employed by another firm but simply locate clients on their own, or they may be an employee for a firm which provides services to disability claimants.

What should I look for in my non-attorney representative?

If you are hiring a family member or friend to act as your non-attorney representative you will need to ensure they have adequate knowledge of the disability system, regulations, appeal processes, and medical information needed to prove disability. Also, make sure they understand the time commitment needed to ensure your application and case is properly processed.

If you decide to hire a non-attorney representative you should verify everything that you would if they were a lawyer. For example, make sure they have won cases similar to yours, they have time to handle your case, they will be available for questions, they have solid references from other claimants, and they understand how to win your case.

Will I have to pay my non-attorney representative?

If you have a friend or family member help you with your disability claim on an informal basis you may not have to pay them money. If, on the other hand, you hire a non-attorney representative to act as your legal advocate you will have to pay them. In fact, the fee will be the same as if you hired a lawyer. You will pay them 25% of your backpay up to a maximum of $6,000.