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Does the attorney client privilege applies to social security disability claims?

Orlando, FL |

I'm a criminal justice student and I'm doing a research about the Attorneys client privilege, therefore I came out with a interesting question does the attorney client privilege applies to social security disability claims? if so, under what statutes I could find this information?

Attorney Answers 5


  1. Anytime a person hires an attorney and signs a retainer agreement an attorney-client relationship is created, and anything the client tells the attorney is privileged.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  2. My colleague is correct. The attorney-client privilege exists after the client formally retains an attorney to represent them and the privilege is not broken in some way (3rd parties involved in conversation, context of conversation, etc.). Privilege is covered under ethical rules governed by each state, so depending on the state you are in, attorneys have specific rules to abide by. Social Security Disability claims allow for non-attorney representatives to advocate on behalf of claimants seeking disability benefits, and in this instance, the privilege does not apply. It only applies to attorneys.

    Any information obtained from this answer should not be treated as legal advice and in no way creates the existance, or appearance, of an attorney-client relationship.


  3. Attorney client privilege is based on the sanctity of communications between an attorney and the client. It applies no matter what case is being handled. It does not apply to communications which are meant to be revealed or provided to their parties.

    The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. Bstein@dcfsz.com, 305 377 1505


  4. As my colleagues have noted, attorney client privilege applies any time a client retains a lawyer. It does not matter what kind of case.

    For a free consultation related to medical malpractice, personal injury, workers' compensation, social security disability or nursing home abuse, please contact Lowenthal & Abrams, PC at 1-800-876-5299. I am licensed in Pennsylvania, but members of my firm are licensed in Pennsylvania, New Jersey and New York. This post is not legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in this post. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance. I am licensed to practice law in the state of Pennsylvania.


  5. Privilege attaches to all cases and is usually based on State Bar Rules. The law deciding social security claims is federal - but the law and rules governing each attorney is based on the laws, regulations and codes of conduct or code of professional responsibility bapplicable in the state(s) of their admission.

    The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.