Is it possible for me to win my case without a lawyer?

Asked 10 months ago - Georgetown, SC

I have been fighting social security benefit for disability for over 4 years and now I'm at the civil action part. I couldn't find an attorney that would represent me .

Attorney answers (6)

  1. Thomas C. Nelson

    Contributor Level 11

    3

    Lawyers agree

    Answered . Keep looking for a lawyer. It is possible to win, but there are a lot of technical aspects of SS benefits, including strict deadlines if certain things aren't done on time. If you can't find a lawyer in Georgetown, start looking in Myrtle Beach and Charleston. SS lawyers here could possibly help you or refer you to someone who does. I have seen many people attempt to obtain SS benefits unsuccessfully without having an attorney.

    The foregoing is for general information purposes and does not establish an attorney-client relationship.
  2. Clifford Michael Farrell

    Contributor Level 19

    4

    Lawyers agree

    Answered . It is possible, but not likely. Having an attorney help you at the hearing increase your chances suvstantially.

    Part of the reason you cannot find an attorney now is because the attorney is stuck with the record as it is in Court - no new evidence can be added, and if there were problems that could have been corrected, that cannot be done either.

    There are attorneys who handle federal court appeals. You may contact the National Organization of Social Security Claimants' Representatives (NOSSCR) for the name and email address or telephone number of attorneys in your area. The telephone number for the lawyer referral service of NOSSCR is 1-800-431-2804. NOSSCR's website is www.nosscr.org. NOSSCR keeps a list of attorneys who handle court appeals.

    In addition, you can find a Board certified specialist in Social Security by contacting the National Board of Trial Advocacy. They evaluate lawyers (independently) in many types of claims and require extensive experience and testing before a lawyer is certified. They have a section specifically for Social Security: The National Board of Social Security Disability Advocacy, Divisions of the National Board of Legal Specialty Certification.

    Their link is: http://www.nblsc.us/

    I hope this information helps. Good luck to you!
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  3. John Douglas Lloyd

    Pro

    Contributor Level 15

    3

    Lawyers agree

    Answered . It's always possible.

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  4. Mikel Edward Lupisella

    Contributor Level 14

    3

    Lawyers agree

    Answered . Yes, it is possible. However, once you appeal to Federal District Court from the AC denial, make certain that you follow the rules precisely.
    You should go to the Federal Court house and they can give you the paperwork to complete when filing the civil action. You may also be able to get the filing fee waived, which is currently $400.00 (four hundred dollars) You will also need to request that service be done by the US Marshall's office and you can ask that the fee for that be waived also.
    Like I said, the clerks at the Federal Court house can give you the paperwork and instruction booklet BUT they can not and will not give you any legal advice.
    You only have 65 days from the date stamped on the AC denial to file the complaint in Federal Court.
    Keep in mind that if you are successful at the Federal Court level, the vast majority of times they just send the case back for a new hearing and you will go in front of the same Judge again.
    If you don't think there is a chance that the Judge will change their mind, I would suggest starting a new application, which will only look at the time AFTER the Judge denied you and nothing before.

  5. Joe Matthew Queen

    Contributor Level 12

    3

    Lawyers agree

    Answered . Yes.

  6. Lee Alan Thompson

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Yes but if you're that far along in the process in the process it makes no sense. It seems you have a social security disability case. When you filed it was turned down. On appeal, it was turned down. At the hearing, it was turned down. At the Appeals Council level it must have been denied. Now it sounds like you're in federal court. You have to know the rules of procedure and evidence. It's going to be hard to find an attorney to do it at that level but keep calling attorneys that do social security work. You may find one. That would be your best bet.

    Attorneys on Avvo donate their time and your feedback is appreciated. Be sure to mark the "Best Answer" or Helpful"... more

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