Unrepresented At Hearing?

Another blog recently wrote that if you go to hearing without an attorney, the judge will assume you have no case, you will not be treated with respect, and you are more likely to be denied.

Not surprisingly, they are trying to sell you their legal services.

Now, I certainly think getting an attorney is a good idea.

• Statistically, your chances of winning are better if you have an attorney.
• An attorney can help you collect evidence.
• An attorney can evaluate your case for weaknesses and help you build the strongest case possible.

BUT, you should not hire an attorney out of fear.

I cannot speak about how judges in other jurisdictions handle cases, but I cannot think of a single judge I have dealt with that has not taken extra care when working with an unrepresented claimant. At a minimun, the judge will go over your right to representation and will often postpone the case to make sure you want to proceed without counsel.

If you go through with the hearing without counsel, by Social Security’s own regulations, the judge has special duties to make sure your hearing is handled fairly.

You may be saying that regulations will not guarantee that you will be treated fairly. True enough. But, there is no reason to assume you will become a victim if you go to hearing without an attorney. And it is a cheap strategy to try to get more clients by making them fearful of going it alone.