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Old 02-19-2008, 06:53 AM   #1
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Personal advocate vs lawyer

A friend who just got her disability on the first try has recommended her Personal Advocate, who she used even for her first application. (She has a traumatic brain injury and just couldn't handle it herself.) Does anyone know what the benefit of a personal advocate is over using a lawyer? This advocate isn't a company, it's one person who takes disability cases and walks you through everything, contacts your doctors, calls the SS offices to see what else is needed, etc. Her fees are the same as the lawyer.

I'd appreciate knowing what others' experiences have been.

Thanks,
Emily

 
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Old 02-19-2008, 07:43 PM   #2
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Re: Personal advocate vs lawyer

I think either a personal advocate or a disability lawyer would be fine....They know the system and how to deal with things. Just guessing, but the advocate may have a smaller case load and be able to dedicate more time or handle it quicker.

Also, keep in mind that only a very small % of people are approved on the first try....Even very critical people. For example, many, many people have died (from their condition) before being approved. Some insiders say it's all chance, or random. A disability lawyer friend of mine said he's seen people approved for "routine" things on the first try, while serious paralyzed applicants have been denied. Lots of "theories" on the process. The bottom line is that in a general sense, they want people to "fight" for it because in most cases, you're talking about a lifetime worth of benefits, which costs the Gov't big money. However, they have to approve some on the first try to avoid backlash.

Regardless, you need someone with experience who knows how do handle things and keep pushing should you be declined. The further you go in the process (should you be declined and need to appeal) the more critical it is for your assistance to have solid experience. Mine took almost a year and a half and ended up in front of a ADJ judge.

Good luck.

 
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Old 02-22-2008, 12:36 PM   #3
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Thumbs up Re: Personal advocate vs lawyer

Just a quick note..... I hired a SS 'representitive' for my case. I was advised by someone who had used her and won their case. My rep use to work for the actual SS office then decided to go into handling cases herself. She did everything a lawyer would do and charges the same fees. I liked her because she worked in a SS office for years and knew the 'system'. I won my case and am not sorry I hired my rep. I had little to do but keep her updated with my doctors and testing and she did all the calling and all the paper work. I would advise anyone to either hire a lawyer or a representitive. It was my financial well being for the rest of my life and I felt the payment they receive if you win is well worth it !! take-care,

 
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Old 02-22-2008, 09:49 PM   #4
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Re: Personal advocate vs lawyer

Queen- If you don't mind me asking, what did this type of advocate charge you? Was it a per hour fee, or a % of your award? Just curious so I can inform others (in a general sense) when they ask. Sounds like you had the perfect representative.

 
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Old 02-22-2008, 10:33 PM   #5
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Re: Personal advocate vs lawyer

Sure Executor I would be glad to share info, I have learned from so many on these boards myself. Actually now that I think about it my rep actually charges LESS than an actual attorney. SS sets the percentage a rep is allowed to charge which is actually 1 percent Less than attorney's fee. After I won my case my rep was to charge me the percentage of what my backpay was, with a cap on it just like any other case (which is an approx. $5,400 cap). The ONLY difference is when you receive your backpay you get the FULL check and then you must pay the representitive. If you have an actual lawyer their fee is taken out before you receive the backpay. My representitive said that is because she doesn't actually hold the title of 'attorney' (but she sure does the exact same work ). Now when I will finally get my backpay for my dependent child my rep receives none of that which surprises me........I was approved in august of 08....received first SS check Nov 08.....backpay one week AFTER Christmas,ugh .....now awaiting first monthly dependent check and backpay. It sure is a wait wait game ....... if you win it's worth it but by then you are practically loosing everything you own and slightly losing your mind as well..... ......but seriously don't stop fighting for it and get a lawyer or a representitive and make them fight as hard as you do. You deserve it !!! take-care ,

 
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