This is your practical guide to launching a successful career as a Disability Advocate.   The eight lessons will cover:

1.      Your Job as a Disability Advocate

2.      Starting Your Business

3.      The Business of Case Processing

4.      Developing a Good Relationship with SSA

5.      Handling Administrative Law Judge Appeals

6.      Collecting Your Fees

7.      Record Keeping – A Must in a Bureaucratic Business

8.      Speeding Up the Claims Process

Welcome to Lesson One of the Disability Advocate Business Guide!  In this lesson, we introduce you to the Social Security disability process from a business and operations perspective.  


Practicing as a Representative

Disability Advocacy can be an exciting career for anyone who wishes to offer a professional service from home or to add it to an existing enterprise.  Like any other business, this profession requires a willingness to work hard and persevere.  The good news is that there is enormous personal satisfaction that comes from helping others receive their benefits, and the profit potential is well worth your time and effort.

The nature of this service makes it easy to practice on a full or part-time basis. If you are currently employed, a part-time Disability Advocacy can be a lucrative source of additional income.   Disability Advocacy can also be a full-time career.  So, first decide what your level of participation is going to be!

Perseverance is Key for Success

A student once asked for the key to success as a Disability Advocate.  Having already made every mistake possible in this service, our answer was simple:  Perseverance!  Although advocacy work may seem complicated at first, with time you’ll learn how to efficiently run your own service.   Be patient and allow yourself to learn from both your successes and your failures.  Remember:   you don’t fail until you quit!

Of course, your best ally in the process is our training course!  Disability Associates is continuously creating custom software to support you in this industry.  We recently incorporated all of our current tools with a host of new ones into our new Olivia© Case Processing System.  The goal of this system is to allow you to learn from our mistakes rather than reproducing them!

What is a Disability Advocate?

A Disability Advocate is someone who is authorized to represent a person applying for Social Security disability benefits.  He/she is appointed by the person he/she will represent, and must meet all of the basic requirements listed in Code of Federal Regulations (CFR) 410.685 for non-attorney representatives. 

Non-attorney Representative Basic Requirements

The basic qualifications to practice as a Disability Advocate are:

·        You must be of good character, good repute and have the necessary expertise to render valuable assistance to claimants

·        You must not be disqualified or suspended from acting as a representative before the Social Security Administration

·        You must not be prevented from acting as a representative due to any provisions of the law, such as already working in some direct capacity for SSA.  This limitation refers to any Federal government employee whose influence might influence a case’s outcome.  In most cases, this doesn’t pertain to State or County government employees.

Most of you will easily meet all of the above basic qualifications except expertise.  Gaining the expertise required to represent a case is what our Advocacy Training Program is all about!

Representative Responsibilities

As a Disability Advocate your responsibilities include:

·        Getting the client’s signature on all appropriate SSA forms

·        Notifying SSA of your appointment to represent

·        Acquiring all relevant medical and vocational information needed for proper analysis of all specific case issues

·        Preparing all appropriate case forms and/or correspondence

·        Evaluating the client's forms and medical and vocational documentation

·        Creating a comprehensive, convincing argument based on case facts

·        Arguing for your client at any or all adjudicative levels

You are further responsible for advising your clients in all matters associated with their disability cases.  Remember, you do not work for SSA, but for the client you're representing.  It’s your duty as a representative to do all that is legally possible to help the client acquire disability benefits in a timely fashion. 

Under CFR 410.687, no representative shall, with the intent to defraud in any matter concerning a disability case, willfully and knowingly deceive or mislead SSA or the claimant in respect to facts or benefits.

You may not charge or collect a fee for services rendered unless SSA has authorized it.  Don’t worry - this rule does not prevent you from being paid for services rendered!  It merely requires that all fees be submitted to SSA for approval, for the applicant’s protection.   We cover fee collection in depth in Lesson Six. 

Finally, you may not divulge any information that SSA has furnished to your client or that the client has furnished to you except as authorized by regulations.

The Importance of Good Case Assessment

As a Disability Advocate, you are not responsible for determining who is a good candidate for disability benefits.  Anyone can apply!  Your job is to determine who really has a chance to win.  If a client asks to be represented, there are at least six instances in which you should probably refuse the case:

1.      The case scores low upon assessment.  If you're using our Olivia© Case Assessment Software, a case with a score below 70% would be difficult for a beginning Advocate to win.  As you become more experienced you’ll begin to win cases with scores as low as 60%, but for now, assume that an assessment score below 70% indicates that the case is probably not going to meet SSA's criteria for a disability award. 

2.      The applicant and his/her spouse are both gainfully employed without special circumstances and with no intent to leave their jobs.  Pass this case up because the applicant will be denied if he/she continues gainful work activity without special circumstances.

3.       The applicant is incarcerated.  If he/she is incarcerated or has been at any time during his/her period of disability, or if he/she became disabled while committing a crime, do not accept the case. 

4.      The applicant is not a legal resident of the USA.  Of course, illegal aliens are not eligible for benefits.

5.      You suspect that the case is fraudulent.

6.      The applicant makes you feel uncomfortable or is not cooperating with your initial requests.

7.      The applicant has no evidence upon which to base a case. It’s your duty to develop the best possible case strategy based on the available medical, vocational and collateral evidence.  If the applicant has no evidence, this may imply that he/she has no case.  In SSI cases, lack of evidence is not so unusual because many of the applicants are indigent.  But always keep in mind that it’s highly unusual for a person suffering from a serious impairment not to seek some level of professional help somewhere.

Your Authority as a Representative

According to Book 20 (CFR) ch. III, 410.686 for Title II claims and (CFR) 416.1510 for Title 16 claims:

“An authorized representative working on behalf of a claimant shall be entitled to present or elicit evidence and allegations as to facts and law in any proceeding affecting the party he/she represents. The representative may also obtain information with respect to the claim to the same extent as the claimant himself.  The representative will receive notice of any administrative action, determination or decision in the case he/she is authorized to represent.

“The representative may also request and receive evidence with the same force of law as would apply if the evidence had been requested by the claimant himself.”

If you're questioned about your qualifications to represent a case, point out that SSA’s rules permit non-attorneys to act as authorized representatives regardless of background.  In short, affirm that you have every right to represent!  Do not be shy on this point!  If necessary, cite the above regulations.

Disciplinary Actions

You can be barred from the profession if it appears that you have violated an SSA rule.  Before this can happen, SSA must follow a number of procedures to prove that you intentionally broke the law.  You can easily avoid problems by following the instructions given in this course concerning certain critical subjects like the creation and presentation of evidence.

If, during the course of a case you become confused, unsure of your rights, or you need information concerning a specific issue, use the Disability Associates Mentor support service.  Our experienced Mentor staff will assist you, providing help in layman's terms on any business or SSA issue you desire.

You may contact your local SSA District Office for information, but you may get the run-around or the wrong answer.  You can also refer to the CFR directly.  A copy of the Code of Federal Regulations can be found at the public library, or online at www.ssa.gov.

SSA must supply you with any information you request to legally and effectively pursue a case.  In this course, we cover many of the more common situations you might encounter in order to keep your dependence on SSA to a minimum.

What Are You Fighting For?

You cannot be an effective Advocate if you do not understand the importance of what you’re fighting for.  As in any service, if you believe in what you’re doing, you’ll probably do it a lot better.

We have already discussed the difficulties an ordinary citizen has in successfully applying for Social Security disability benefits.  But do you understand the nature of the benefits themselves?

The average disability payment is approximately $1100 a month, tax-free.  The benefit level varies depending on time worked and income level.  If a claimant is awarded Title II only benefits, he/she typically receives cash payments for several years until a scheduled Continuing Disability Review is held to determine if disability continues.

After as little as a year on SSDI Title II benefits, the claimant automatically becomes eligible for Medicare along with the monthly cash benefit.  Medicare is a government program designed to assist the claimant with payment of medical, pharmaceutical and hospital costs.  Claimants are also entitled to training and other employment assistance from government programs like the "Ticket to Work" and the “Trial Work Period” (TWP) programs.

Throughout the Disability Associates training program, we use terms like “fight” or “ammunition”, but our goal is not to set SSA up as your enemy.  SSA is an enormous bureaucracy with a complicated mission.  As a result, working with SSA can at times be extremely frustrating.  However, keep in mind that SSA is made up of ordinary people just like you and I.  There is no reason to take bureaucratic frustrations personally.  If you do you’ll burn out fast!

Practice with Integrity

Never compromise your moral standards or personal integrity when representing a case.  No amount of money is worth the loss of your personal and professional reputation.  Base your arguments on real evidence and you'll enjoy a long and prosperous career as a Disability Advocate.

Build with Imagination

Use your own life experiences and imagination to solve problems that come up.  Innovation and imagination are keys to success in this field (along with perseverance, of course!). 

Create Instant Credibility

You made a good choice when you chose Disability Associates as your training source.  No other company has our experience and dedication, and even fewer come close to providing the number of innovations that our program offers.  If you encounter a problem, rest assured that Disability Associates has a solution. 

Build instant credibility by following of our basic suggestions:

1.      Register your company locally

2.      Create a company website

3.      Purchase 2 URLs:  one for your company name and a shorter, easier one for advertising

4.      Create personal bios on Facebook and Twitter and link them to your site

5.      Join your local Better Business Bureau

6.      Frame and display your Disability Associates training certificate

7.      Consider SSA certification after you have the necessary experience

8.      Introduce yourself to local agencies and nonprofits that work with people who suffer from serious disorders

9.      Get acquainted with as many SSA employees as possible.  If a local SSA employee has met you or heard good things about your service, this can be a tremendous advantage for your company.  If a potential client asks an SSA staffer for an opinion or referral, they will almost always refer someone whom they have met and feel comfortable with.

10.   Advertise locally.  The more exposure you have in your community, the greater the trust
factor!

Non-attorney Representative Certification

SSA has been expanding the rights of non-attorney representatives.  One of the most important new privileges is a certification program that allows you to be paid directly by SSA when you win a case.   Only experienced Advocates are eligible for the program.  With a college degree, an Advocate becomes eligible after representing at least five cases in a one-year period.  If you don’t have a degree, you need more field experience to become certified. 

The program was a five-year pilot and that period has ended.   We believe that SSA will keep the program but we don’t know when exams will start again and what the final program will look like.  As events evolve over the issue of certification, we’ll keep you informed through our eNewsletter.

Summary

Lesson One introduced the Disability Advocate as a professional.  We outlined the basic legal requirements, your responsibilities and authorities, and some tips for beginning your practice successfully and setting the stage for a long and profitable career.

Take the Biz Guide Lesson One Quiz

Lesson Two Preview

In Lesson Ten, we'll discuss a number of important start-up considerations for your Disability Advocacy service.  But first, be sure to take the Lesson NineOne quiz and submit your lessen completion report!