Appointing A Social Security Lawyer Wilmington

by Kevin Bose Expert writer A unique feature of practice before the Social Security Administration is that non-lawyers as well as social security lawyer Wilmington may represent a claimant in proceedings. The court says that that “other persons, other than attorneys” may represent "claimants before the Commissioner of Social Security." An attorney is subject to the requirements of admission to practice law in a state, before the U.S. Supreme Court, or before one of the lower federal courts. Indeed, before a lawyer may be admitted to practice in a federal court, he or she must first be admitted to practice in one of the fifty states. Admission carries with it an oath of office, with attendant obligations to the court, the client, and the profession. Hence, the public is deemed to be protected, and the relationship between a lawyer and a client is regarded as unique, placing the lawyer in a fiduciary relationship (a relationship of special trust) with a client.

What about a non-lawyer who holds himself or herself out as having a special knowledge and skill in administrative proceedings? Are there any rules governing such individuals? A non-lawyer may serve as a representative, appearing and representing a claimant before the Social Security Administration subject only to two fundamental requirements. First, the non-lawyer must be generally known to have a good character and reputation. Second, the non-lawyer must be capable of giving valuable help to the claimant in connection with the claim. Both attorneys and non-attorneys are subject to the additional requirement that they not be suspended or disqualified from acting as a delegate in dealing with the Social Security Administration and that no law prohibits them from acting as a representative.

To be appointed as a social security lawyer Wilmington, a written notice of appointment must be signed by the claimant and filed with the Social Security Administration. The administration provides an Appointment of Representative form for this purpose—Form SSA-1696-04; this form is more commonly known as the “16%" form. The 16% validates the representative's right to perform a variety of tasks in service to the claimant. In dealing with the Administration, client may be asked several times. Where is the 16%? Which in essence is a request for proof that client have authority from the claimant to act in his or her behalf. Appointment as a representative, however, can also be made in another written document, such as a letter, a contract for representation by the claimant, or a fee agreement.

According to the US code pone could hire the lawyer in order to represent in the court of law for social security case.

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Created on Dec 31st 1969 18:00. Viewed 0 times.

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