Obtaining an Authorized Representative for Disability Claim

An applicant’s designation of an authorized representative for his disability claim can be extremely helpful and important especially if the disability at issue impairs the applicant’s ability to read, write, speak or understand the complicated application processes without assistance.  Designating an authorized representative means that the named individual has the legal authority to sign the applicant’s name and represent his rights in all aspects of the disability claim process from the application to the sustaining of allocated benefit payments.  The representative can appear in court for applicant and answer questions about his health and disability and, as necessary, detail his inability to work due to the disability conditions.   

General Policy Authorized Representatives

1. The appointment of an authorized representative must be made in writing by the individual making appointment.
2. The named appointee can be an attorney or a non-attorney
3. The appointment must specifically name someone.
4. The applicant must name and individual.
5. This is referred to as an “Authorized Assistant.” 

How to Make the Authorization

If an individual is assistant a claimant during the application process or at any stage of the claim process, such as during an interview or telephone contact, a representative of the Social Security administration will usually ask that person if he or she will be representing the claimant or only informally helping out or supplying information.  Social Security will then:

• Advise the client of his right to representation which may be an attorney or a non-attorney
• Explain the representative’s fee processes as covered by Social Security benefits ultimately paid to the claimant
• Determine the identity of the person the claimant wishes to act on his behalf as his authorized representative and assist the process by making available to the concerned persons all of the forms necessary to make the appointment
• Once a representative has been appointed Social Security may not refuse to acknowledge the individual appointed as the authorized representative as the person authorized to act on his behalf

 Getting Legal Help

If you or a member of your family has submitted an application to the Social Security administration or the Supplemental Security Income program it may be helpful to discuss the application process with a disability attorney.  The attorney can assist in explaining the best options involved in naming an individual to represent the rights and interests of a claimant and to act on his behalf throughout the entire application process, the disability evaluation process and the continuing responsibilities after benefits begin.