12Feb

Editorial: Does a home study course make you a disability representative?

By Tomasz Stasiuk, February 12th, 2009 | Lawyers/Attorneys | 8 Comments

I came across this video for a home study course to become representative in Social Security disability cases.

That’s right. A Home. Study. Course.

Do you want to be represented on your Social Security disability case by someone who took a home study course?

Is there a price difference between hiring a lawyer and a non-lawyer representative?

Nope. The video clearly states, non-lawyer representatives can earn up to $5,300 per case (the maximum allowed by Social Security). Update: the fee cap is $6,000 in 2011.

Since the price is the same, consider the following:

You waited two years or longer to get your case in front of a judge. Your future, the money you are going to live on, and your health insurance, depends on the outcome of your disability case. Who do you want representing you?

Do you want to be represented by an attorney who …

Went to law school,
Passed the bar,
Is regulated by, and maintains good standing with, the state bar,
Fulfills Continuing Legal Education requirements.
Is regulated by Social Security,
Maintains malpractice insurance,
Specializes in Social Security disability cases. Disclaimer: Colorado does not certify lawyers as “specialists” in any field.

- Or -

Do you want to be represented by someone who took a home study course?

While I generally take a dim view of non-lawyers representing disabled individuals. There are non-lawyers representatives whom I respect. Tim Moore of My Disability Blog is a former Social Security disability examiner. He is someone who knows the system from the inside. So, there certainly are good representatives who are non-lawyers.

When you look for a representative on your, or your child’s, Social Security disability case, make sure to ask the following:

Are you a lawyer? If not, how did you learn how to be a representative?
How long have you been in practice?
How long have you been handling Social Security cases?
What percentage of your practice is Social Security cases?

For more information about finding a good representative, check out these articles.

I have just watched the video again and I can’t express how disgusted I am by it. I view representing the disabled as a calling, not a career alternative during an economic downturn.

Good luck out there!

Tomasz Stasiuk is the founding attorney of the Stasiuk Firm - a law firm devoted to exclusively handling Social Security disability cases in Colorado. Contingent fees available.

http://landlordbuildinginsurance.blogspot.com/ The Building Insurancer

would you really trust their capabilities? Against “real” lawyers?
Sherry

You have to get a “real lawyer” to take your case, which most will not do until you have been denied the second time. Because they can only earn $5300 (now $6000) and not charge by the hour, they are not interested in handling the first two rounds as even with their help you will probably be denied.
http://www.SocialSecurityInsider.com/ TomaszStasiuk

Lawyers differ on when they will take a case. Some will help you appeal. Others will only take it after the first denial. It depends on the lawyer and what you, as the client, want.
Sherry

You have to get a “real lawyer” to take your case, which most will not do until you have been denied the second time. Because they can only earn $5300 (now $6000) and not charge by the hour, they are not interested in handling the first two rounds as even with their help you will probably be denied.
http://www.ColoradoSocialSecurityLaw.com TomaszStasiuk

Lawyers differ on when they will take a case. Some will help you appeal. Others will only take it after the first denial. It depends on the lawyer and what you, as the client, want.
anonymous

In my opinion, all non-attorney representatives should be evaluated on an individual basis. There are many non attys who are not only qualified but highly successful at representing claimants. However, It is not my belief that a home study course is sufficient education or preparation. Although I am not an attorney or non attorney representative, I feel that I meet several criteria which would qualify me to represent claimants.
Argento58

It doesnt matter which route you take to get there. But what does matter is the quality of work and time put into your case. If the rep can get the sam outcome then YOU make the decision on who is best suited to handle your case. The reason you see in the news and on tv commercials the rise in advertising from lawyers willing to take SSD cases is because of tort reform in the medical malpractice side of things. There have been many a state that has passed tort refom on how much money a claimant can now sucessfully receive from litigation in the med malpractice arena. Making it more difficult for attorneys to take med mal practice cases. Its not making them as much money. The amount of money that goes into a med malpractice suit and be very costly for the the attorney. Not many willing to take the risk anymore unless the case invloves death IMO. Attorneys come out of school with a certain area of practice in mind. With that said, many firms have attorneys on their team that each have a different area of practice. But… they get the same training and have to pass the same test from the government to become a representative. Attorney or non attorney rep. The tests and courses are government written courses and tests. Look it up on Social Security .gov .So it shouldnt matter your title but the faith you have in the person and the proper credentials they have to handle your case. I know someone who is excellent at what he does. Is the highest grossing rep in the area. didnt step foot into a law school to get his education. He only takes cases he knows he can win and he does not take back pay from the childs portion of the back money due if you win. In either case both sets of reps have to go through the same channels to learn the system. I don’t think it is fair to judge as long as your outcome will be the same. Just saying.
http://www.Planet10Tech.com TomaszStasiuk

Enjoy your choice.