Proposed Federal Regulations

Recently the Social Security Administration has filed proposed Federal Register regulations seeking approval for certain items with the Office of Management and Budget. The one of most concern with disability attorneys is entitled, "Representation of Parties". Here is the abstract:

"We are proposing several revisions to our rules on Representation of Parties. These proposed rules would recognize entities as representatives, mandate the use of Form 1696 to appoint or revoke the appointment of a representative, define the roles of a principal representative and a professional representative, require professional representatives to file Form 1696 electronically, and require a representative to keep paper copies of certain documents that we may require. We are proposing these revisions to reflect changes in representatives' business practices and to become more efficient in processing claims for benefits."

The proposed regulation can have some serious implications. Although many claimants are unaware of professional representatives, many of us "real" attorneys are all too familiar with them. There are a few, although large, national "law firms" or "disability advocate companies" that sign up clients by the hundreds in hopes of finding those disability claimants with "easy" cases. These large firms will sign-up clients from every state and will do little to develop the clients case. What development is done is minimal and usually through the use of a "paralegal" or "claims specialist" with very little training or experience. (sounds much like the Administration :) When the time comes for the clients disability hearing, the law firm will fly a representative to handle their case.
I am all too familiar with this type of "representation". I use to work for a "national" disability firm out of Utah. It was atrocious. I never meet with the client prior to the hearing and I knew very little about their case. Although I was very familiar with the medical records and the direction of my theory for allowance of benefits, more often than not, I walked into the hearing knowing that we did not develop the record adequately. The law firm did not care as long as we win. The business model was to take 10000 cases a year and win half of them. 5000 cases won at an average of$4000 was GOOD money. Nevermind appealling, they won't do it if you lose at the ALJ hearing. They will cut you loose the second they get the chance.
The short of it is that I strongly discourage large disability law firms with this type of business model. I think it is unfair to the claimant and to the Social Security process. Judges are deciding cases with very little development at the fault of the representative, the reps are not prepared because of staff oversight, and the claimants never get the representation they need and deserve. As a member of NOSSCR, I am not expecting any fight from NOSSCR on this issue. If you are a claimant, a social worker, or a medical professional reading this blog, please encourage claimants to find an attorney that is local, passionate, and specialized in Social Security Disability cases. You will thank me later.