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

Asked over 1 year ago - 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. Barry A. Stein

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . 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... more
  2. Scott M. Daniels

    Pro

    Contributor Level 11

    3

    Lawyers agree

    1

    Answered . 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... more
  3. David J. McCormick

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . 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... more
  4. Jennifer L. Ellis

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . 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... more
  5. Clifford Michael Farrell

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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... more

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