Houston, TX asked in Social Security for Texas

Q: Can I represent myself in a case against Social Security ?

Related Topics:
3 Lawyer Answers

A: Hi, yes you can represent yourself.

A: At the initial and reconsideration, I would say yes to this question, as an Adjudicator at DAS in GA or DDS in other states is assigned to your social security disability case and is required to obtain your medical records. You could always call the Adjudicator to ask if the medical records are received. However, I just met with a client who did represent herself at these two levels, but the Adjudicator did not get medical records from her child's therapist who comes to the house weekly. In this case, a conscientious attorney would make sure all your documentation is submitted to the Adjudicator.

As far as representing yourself at a hearing, I would have recommended this when nationwide approval rates were 60 percent or higher with Administrative Law Judges (ALJ). However, we have some ALJs who grant 30 percent or less of all cases that come before them. Because we appeal to the Office of Appellate Operations (formerly the Appeals Council) and to US District Court, a well developed file and thorough presentation of all your mental and medical impairments, as well as limitations and activities of daily living are important for a good transcript should you have to appeal. Although the Office of Hearings and Operations are supposed to obtain all your medical records, this does not always happen due to the volume of cases they are handling.

If you have any questions, please feel free to call our disability attorneys and staff at 404-479-4431 or visit our website at www.kathleenflynnlaw.com

A: At the initial and reconsideration levels, I would say yes to this question, as an Adjudicator at DAS in GA or DDS in other states is assigned to your social security disability case and is required to obtain your medical records. You could always call the Adjudicator to ask if the medical records were received. However, I just met with a client who did represent herself at these two levels, but the Adjudicator did not get therapy notes from her child's therapist who comes to the house weekly. In this case, a conscientious attorney should make sure that all your documentation is submitted to the Adjudicator.

As far as representing yourself at a hearing, I would have said yes to this when nationwide approval rates were 60 percent or higher with Administrative Law Judges (ALJ) years ago. However, we now have some ALJs who grant 30 percent or less of all cases that come before them. You can google an ALJ's approval rate. Because we appeal to the Office of Appellate Operations (formerly the Appeals Council) and to US District Court, a well developed file and thorough presentation of all your mental and medical impairments, as well as your limitations and activities of daily living are important for a good transcript if you have to appeal. Although the Office of Hearings and Operations are supposed to obtain all of your medical records, this does not always happen due to the volume of cases they are handling. I just reviewed a file of someone who represented herself at a hearing and was denied. Updated records from several medical sources were not obtained by the ALJ's staff in an out of state OHO.

If you have any further questions, please feel free to call our disability attorneys and staff at 404-479-4431 or visit our website at www.kathleenflynnlaw.com

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.