Doc Nash Scribes

The operative phrase in that statement is, "Except in rare cases;" how do I define those? There are no hard and fast rules in this regard nor even guidelines. What I will outline here is opinion, but it is opinion based on 25 years of experience with the system.

Many people who will offer you help are legitimate. They will consider whether your impairment could meet the SSD guidelines (age, education, and relevant past work can come into play if not) and not only assist you in filing if necessary but also make certain that all essential information is submitted to the SSA to substantiate your claim. Just as important, they should be prepared to represent you should an appeal be necessary.

In regard to that first column, I was pleased to receive the following from Cynthia Berger, J.D. of Pittsburgh, Pennsylvania, a member of the Board of Directors of the National Organization of Social Security Claimants' Representatives ( NOSSCR ).

"Hi Frank,
"I got your message about Amerasad and checked out the web site. Looks interesting. One comment about your article. I think you are too harsh and take a black and white position on having an attorney help some people with the application process. I agree that it is not appropriate in all cases but in some cases it is good to have an attorney help file the application and supply SSA with medical evidence. I have helped people do this (and charged a contingent fee which turns out not to amount to much money) in cases that I feel that I can add value and that SSA will not evaluate the claim appropriately without my input."

A key term there is "contingent fee." This means that there is no legal fee due unless your application is successful and you receive an award. You'll find a discussion of contingency fees on this page ; I am not endorsing any of the services advertised there.

Mrs. Berger and I are not in disagreement. I say, "Except in rare cases," and she states "help some people with the application process … that it is not appropriate in all cases" for professionals to participate in filing initial or reconsideration applications. Although there are other special cases, some common ones are those involving mental disorders, ranging from depression to cognitive defects; those with long, complicated medical histories involving records from many treating sources; and the situations in which there are multiple impairments, no one of which alone is severe enough to be disabling but the combination of which is severe enough to prevent gainful employment.

Of course, if you have problems of any type that interfere with proper filing, you should speak with some one at the SSA office; if this is not possible, or if you are still uneasy about filing, by all means, seek qualified help, but be certain that you understand the fee structure and that it is manageable. Remember, you do not pay up front; the person who helps you gets paid only if you win (a contingency), and that money comes from the award, not out of your pocket.

It is essential that application is complete and includes contact information for every health provider involved in your care. This includes physicians (of all specialties), dentist, and psychologists and well as facilities such as hospitals and clinics. It is the obligation of the State Disability Determination Service (DDS) to contact those sources and obtain all records, but the DDS will get records only from those you list. So, in the examples I noted above, the input of a professional can facilitate a successful application. In the event that both the initial and the reconsideration filings are denied, the odds of a successful appeal without the contribution of an experienced professional are too small to be considered; you can not do it on your own. It is not unusual for an administrative law judge to postpone a hearing, advising the unrepresented claimant to find an attorney.

Unfortunately, there are people out there who will promise you far more than they intend to and/or are able to provide. Several years ago, one of my clients had several people come to him, people whose claims had been denied despite help from a legal group for which they had paid up front, out of pocket; those lawyers then refused to represent them in appeals. There were probably more people who went to attorneys besides my client. An Internet search for "social security disability" yields over 250,000 hits; are there really that many qualified people expert in SSD? NOSSCR has just over 3,200 members, attorneys and paralegal's! So, the question now is, "How do I find the right person?" My answer: The same way I have decided the ones with whom I will work.

This first consideration is the person's experience with Social Security disability cases and the applicable law, 20 CFR 404; the Social Security Act and related rulings and case law are complex and continually evolving, so the attorney in general practice rarely is up to date and equipped to provide the best guidance. If an attorney, or a paralegal, is a member of NOSSCR and participates in its activities and continuing education programs, the chances are good that you will be well served. Now, I do not mean to say that only attorneys who belong to NOSSCR are qualified to represent you; there are many non-members who are, but NOSSCR membership is a reassuring factor when you are frantically looking for help. In terms of experience, you want to know how long they have been doing SSD, how many cases, particularly appeals, they have done, and their success rates.

There are two additional groups of people who have the training and experience to assist with complicated filing needs, paralegal's who specialize in SSD matters and are eligible for NOSSCR membership and former SSA and DDS employees who are experienced in developing cases by searching for, obtaining, and organizing medical evidence.

Remember, I am available to help you, particularly in finding the right representative to assist you and, if necessary, to work with that person. All it takes is an e-mail to docnash@amerasad.com.