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Re: CA Baby Bar Multiple Choice Questions
Posted by WTFE on 8/29/08

    I did not say it was a bad idea.

    I have been practicing social security for nearly nine years so I require no education
    about the legal, medical or procedural issues involved in such a practice. I have clients
    across five states and built my practice from the ground up. ALL of my clients come to me
    via an attorney referral.

    And you are incorrect that its all about paperwork. My trials before the ALJ come down to
    proving elements like any other civil trial. In fact, if a layperson doesn't know enough
    about the law of evidence he can easily destroy federal appelate issues for his client.

    Sure, a layperson can represent claimants before the SSA. They must still be competent
    and that requires legal knowledge, medical knowledge, procedural and evidence knowledge,
    and analysis skills.


    On 8/29/08, Patrick wrote:
    > There are some issues that are relevant with regard to practicing Social Security
    > Disability Law. First, anyone can practice before an administrative law judge. Second,
    > there are a great many lay practitioners that are just as effective, and even more
    > effective, than attorneys.
    >
    > My wife has been applying for SSDI benefits (as she is chronically ill) for the last two
    > years. On the advice of my supervising attorney, she terminated the attorney she had
    > and went to a lay practitioner the my boss recommended. She prevailed in her hearing
    > before the administrative law judge.
    >
    > As to Crown Prince's idea, it is sound. He may have indeed represented clients in
    > appellate hearings and may have prevailed. Social Security law is more a matter of
    > complete paperwork, dotting i's, and crossing t's, than anything else. The SSA is
    > completely bureaucratic and is not in the business of approving claims. Rather, it is
    > in the business of doing everything possible to disallow a claim.
    >
    > I too have noticed that there are many on here that post and who seem to have no
    > knowledge whatsoever concerning law schools, the avenues available to those who have to
    > work, ABA school alternatives, and the day to day practice of the law. It is said that
    > law school does not teach a person how to practice the law. This they learn in their
    > first job. Further, the people they learn the practice from are legal assistants and
    > paralegals. Example - I'm a paralegal and we have a law clerk (3L) working for the firm
    > now. The supervising attorney doesn't have the time to answer his questions or give him
    > direction. That is my job.
    >
    > Crown Prince and I are coming from the same background and the same direction and
    > heading in very similar directions. His goal is SS law. Mine is immigration law, which
    > up until 2003, a lay person could represent a client there as well.
    >
    > Good luck with your ideas Crown.
    >
    >

     
     

 
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