Are you applying for Social Security benefits and wondering about the difference between a Social Security Disability advocate and attorney? Getting the right help early on can make a big difference in the outcome of your claim. Here’s what you need to know.
Who They Are & What They Do
Social Security Disability (SSD) advocates and attorneys both help people apply for SSD benefits, but they have different backgrounds and follow different rules.
SSD Advocates
SSD advocates are trained professionals, but they don’t have law degrees or licenses to practice law. They must pass criminal background checks and exams to get paid by the Social Security Administration (SSA) for their services. They must also prove that they have at least a four-year college degree or equivalent work experience, carry liability insurance, and complete continuing education each year. Some advocates work on their own, while others work for firms that focus exclusively on disability cases. These advocates can help claimants gather medical records, complete forms, and prepare for hearings.
SSD Attorneys
SSD attorneys are licensed lawyers who understand SSA rules and handle relevant legal procedures. They can represent claimants in court if a case goes beyond the typical SSA claims process. Attorneys can often spot legal problems that advocates might miss. They also know how to question witnesses, submit legal briefs, and handle appeals in federal court. If your claim has any complications or if you’ve already been denied, a lawyer can step in and build a strong case based on your medical history and the law.
The Main Differences Between SSD Advocates and Attorneys
SSD advocates and attorneys can both help with Social Security Disability claims, but they offer different levels of support. Their training, legal ability, and responsibilities vary in a few key ways.
Education and Background
SSD attorneys must graduate from law school and pass a state bar exam. They have legal licenses and training in legal writing, courtroom procedures, and client advocacy.
In contrast, SSD advocates do not attend law school. Instead, they must either hold a bachelor’s degree or have work experience that meets SSA standards. They also need to pass a test given by the SSA and meet other professional requirements to qualify for direct pay.
Representation Capabilities
Both advocates and attorneys can represent clients during the SSD application process, at hearings in front of an administrative law judge, and for reviews before the Appeals Council. However, if a claim moves beyond that stage to federal court, only a licensed attorney can continue the case. Advocates do not have the authority to represent clients in federal court.
Rules and Regulations
The SSA regulates both SSD advocates and SSD attorneys when it comes to fee limits and qualifications. However, attorneys also follow strict rules set by their state bar, including rules about confidentiality, client communication, and professional conduct. If a lawyer breaks those rules, they could face serious penalties or even lose their law license. These extra layers of oversight offer more protection for clients.
Ethical Oversight and Complaint Handling
Attorneys answer to their state bar associations and must follow well-defined rules for ethics and discipline. Their clients can file complaints with the state bar if something goes wrong. SSD advocates must follow SSA rules, but they don’t have the same formal disciplinary process outside the SSA system. That means fewer enforcement options for clients if problems arise.
Access to Legal Resources and Support Staff
Lawyers often have more resources, including legal assistants, paralegals, and other attorneys who can step in and help as necessary. This can allow for more thorough case preparation. However, many SSD advocates work alone or for small companies with fewer tools at their disposal.
Who Is the Right Professional to Handle Your Disability Claim?
The right professional to help you with your disability claim depends on your needs and the complexity of your case. If you have comprehensive medical records and haven’t been denied before, an SSD advocate might be able to help. Social Security advocates know the SSA process and can help you file paperwork, gather records, and speak on your behalf at hearings.
However, if your claim gets complicated due to issues like a denial, missing records, or a difficult-to-prove condition, you might want to work with a lawyer. Attorneys know how to identify legal problems, deal with tough questions, and develop compelling legal arguments. And if you need to appeal your case in federal court, only a lawyer can represent you at the trial.
Many SSD claimants feel more confident working with someone who can handle every stage of the claims process. That way, they don’t have to switch representatives later if things get more difficult.
Who Charges More Between an SSD Advocate and an SSD Lawyer?
Both SSD advocates and attorneys follow the same fee rules set by the SSA. They can charge up to 25 percent of your past-due benefits, with a maximum limit that changes periodically. This means neither one should charge more than the other for handling a claim.
In either case, you shouldn’t have to pay upfront – or anything at all unless you win your case. The SSA will send the payment directly to your advocate or lawyer, so you won’t have to worry about writing a check or paying out of pocket.
Some attorneys take on harder Social Security Disability cases because they have more legal training and resources. In those cases, the same fee cap still applies, even if the case takes more time or goes to court. If your case requires more legal work, that fixed fee might get you more support from a lawyer without costing extra.
Talk to Our Dallas Social Security Disability Lawyers Today
Many people turn to Kraft & Associates, Attorneys at Law, P.C. when they need help with their Social Security Disability claims. Here’s what one client had to say about working with our team:
“Excellent firm. Sit back and relax, they will handle everything!” – Justin C.
Our firm has more than 50 years of experience helping injured and disabled people in Texas. If you need help with your Social Security claim, call us today at (214) 999-9999 for your free initial consultation. One of our Dallas Social Security Disability attorneys will listen to your story, answer your questions, and explain how we can help you.
