UNREPRESENTED CLAIMANTS ARE NOT TAKEN SERIOUSLY

Unrepresented claimants are not taken serious at Social Security hearings.  Here's a conversation that illustrates the fact.

I was recently in the waiting room of a hearing office when the judge's clerk came out and asked the security officer if a certain claimant had come in yet.  No, the officer said, he is not here yet.  "Well, he is not represented, so he probably won't even show up."

Being unrepresented may send the signal that you have a weak claim and could not get an attorney or representative to take your case.  That may not be true at all, but I think it often sends this message.

Also, judges will often hesitate to hear a case without a claimant's representative present.  The judge knows that the claimant will be at a disadvantage because he/she doesn't understand the law, the process or the procedure involved in the hearing.  Most judges will offer to postpone the hearing to give the claimant time to find suitable representation.  If the claimant refuses the offer, the judge will usually have a waiver signed--stating that the claimant was given the opportunity to get representation and declined to do so.  In other words, proceed at your own risk.

With so much riding on the outcome of a disability appeal, I would think that every claimant would want every opportunity to be successful.  90 percent of claimants are represented.  The other 10 percent should consider their options.

 

Comments