Should I Hire a Social Security Disability Advocate?

"Social Security disability advocate" is a term usually used to refer to any nonattorney representative who assists with your SSDI or SSI claim. While they aren't licensed to practice law, Social Security disability advocates are professionals who can answer your questions, help you fill out your application for benefits, and work with your doctors to ensure that Social Security gets the correct medical records.

Because many law firms who specialize in SSDI or SSI claims often advertise themselves as Social Security disability advocates, you may be wondering what, if any, difference exists between a disability advocate and an attorney. Further complicating matters is that lawyers will frequently refer to their duties as a "zealous advocate" for their clients. Before you decide to hire somebody to help with your claim, it's important to know what role a disability advocate performs and when it may make sense to choose a nonattorney over a Social Security lawyer.

What Is a Social Security Disability Advocate?

Disability advocates aren't admitted to the bar as practicing attorneys. However, disability advocates have to meet certain criteria in order to receive direct payment for their services from the Social Security Administration (SSA)—just as lawyers do. This means that a disability advocate must:

• possess a four-year college degree or equivalent training and work experience
• pass a criminal background check
• maintain professional liability insurance
• pass an examination on Social Security rules and regulations, and
• complete continuing education classes.

Anybody who doesn't meet the above requirements won't be eligible for direct payment from the SSA. You're unlikely to encounter this in your search for a disability advocate, but it doesn't hurt to make sure they have the proper qualifications.

What Do Disability Advocates Do?

Disability advocates are experts at helping people file their Social Security claims. Many times attorneys are too busy to provide assistance at the application stage, and some don't want to hear from you until you've gotten a denial letter (or two) from the SSA. But because it can take a long time to appeal a denial, your best chance of being awarded quickly is getting help with your initial application.

This stage is where disability advocates can really shine. Advocates know how important it is to have the right medical evidence, and can "develop the record" by providing the SSA with the documentation you'll need to get approved for your specific conditions. Your disability advocate will know what questions to ask you and your doctors in order to get the necessary records and submit them to the SSA on time. And if your doctors have been reluctant to help, your advocate can answer their questions and get them to provide a helpful medical source statement.

Can an SSDI/SSI Advocate Represent Me at a Hearing?

A disability advocate can represent you if you're scheduled for a disability hearing, but this is a time when a lawyer may be a better choice to help you with your case. While most disability advocates are consummate professionals who perform diligent work on your behalf, fewer will have experience going to hearings with clients.

Effectively representing a claimant at a disability hearing requires a different set of skills. Unlike many nonattorney disability advocates, lawyers have received specialized training in drafting hearing briefs, presenting oral arguments, and cross-examining witnesses—crucial components of a Social Security hearing. Below, you can find some examples of what your representative needs to be able to do at a disability hearing (and why an attorney might be the better fit).

Cite Appropriate Regulations at the Hearings

Some attorneys have a better grasp of the many Social Security rules that could pop up at your hearing than non-attorney advocates do. During the hearing, it's essential for your representative to understand the agency's regulations as well as HALLEX—a manual used by employees of Social Security—and relevant case law. That way they're equipped to handle any procedural questions posed by the judge.

Additionally, it's common for attorneys to submit written briefs or on-the-record requests to disability judges before a hearing. A lawyer who understands the complexities of Social Security disability law is better equipped to craft a persuasive argument than an advocate without legal training.

Properly Cross-Examine Expert Witnesses

Attorneys may be more adept at questioning vocational and medical experts than nonattorney advocates. Lawyers have the know-how to successfully cross-examine expert witnesses and exploit weak spots in their testimony. Disability claims are often denied because applicants don't challenge damaging testimony from vocational expert witnesses.

File an Appeal in Federal District Court

If, after receiving an unfavorable hearing decision, you request Appeals Council review and your case is again denied, a nonattorney disability advocate won't be able to take your case to federal court. Only a lawyer can do that, which means you'll have to find one willing to jump into your case late in the process after the evidence has been submitted and the hearing conducted.

Keep in mind that some lawyers will be reluctant to appeal a case to federal court if they haven't handled it at the hearing or Appeals Council stages. If the previous representative didn't develop critical evidence or to properly cross-examine a witness, for example, the new attorney may face an uphill battle in federal court—so it's better to get a lawyer earlier on in the process in order to avoid any procedural baggage.

How Do I Find a Social Security Disability Advocate Near Me?

Most people begin their search online by typing phrases such as "SSDI advocates," "SSI disability advocate near me," or "Social Security disability advocates" into their preferred web browser. You'll probably get a decent amount of results for law practices advertising a focus on "disability advocacy." These firms often have a combined staff of nonattorney disability advocates and lawyers. If you choose to go with one of these firms, you'll likely have a disability advocate help you file your initial application for benefits and a lawyer if you're scheduled for an appeal hearing. This "best of both worlds" approach can work well depending on your needs.

VA Disability Advocates

Veterans with disabilities can often find themselves dealing with the double bureaucracy of the SSA and the VA at the same time. While the agencies have different disability requirements, there is often significant overlap in their methodology, and the VA has a system of representation that mirrors that of the SSA.

Veterans can get help from an accredited attorney, claims agent, or veterans service organization (VSO) representative to file for VA disability compensation or pension benefits. For more information about finding a VA disability advocate, check out the VA webpage on accredited representatives and VSOs.

What to Look For in a Disability Advocate

When speaking with a potential Social Security disability advocate, you should ask them if they're qualified to act as an eligible for direct payment non-attorney (EDPNA). The EDPNA program means that the advocate has met the educational, training, and ethics standards that allows them to be paid directly by the SSA just as an attorney would be. Their answer should be an unequivocal "yes."

You may also wish to follow up and ask the advocate what continuing education courses they've taken lately. EPDNA representatives must attend and certify continuing education and ethics courses on a yearly basis. You should make sure the advocate is up to speed on meeting these standards. If the advocate is employed by a law firm, ask whether the advocate or an attorney will represent you at a hearing.

Getting a Legal Representative for Your SSDI or SSI Claim

Whether you choose a disability advocate or lawyer to help you with your Social Security application ultimately depends on your preference. People with relatively straightforward cases can benefit from an advocate's help gathering and submitting records, while those with more complex medical histories will likely want assistance from an attorney at some point.

It's important to note that disability advocates and attorneys charge the same amount for most disability claims. That's because Social Security regulations state that all disability representatives, both lawyers and non-lawyers, can collect no more than 25% in fees from any back payments you're owed, with a cap of $9,200 (adjusted annually). Neither advocates nor attorneys are paid if you don't win your case, so there's no upfront costs to hire one.

If you're still not sure about getting legal representation—or you're having trouble deciding between a disability advocate and a lawyer—you can check out our articles on when to talk to an attorney and how to find a good disability lawyer. And if you want to go it alone, you should read our guide on how to win a Social Security disability claim without a representative.