UNREPRESENTED CLAIMS ARE NOT TAKEN SERIOUSLY

Claimants at the appeal/hearing level who are not represented are not taken seriously.

I am frequently sitting in the waiting room at the hearing office waiting for my hearing to begin. A judge's clerk will venture out into the waiting area to see if a particular claimant has arrived. The security officer will remark, "Mr. So-and-So hasn't arrived yet." And the judge's hearing clerk will often comment, "He not represented, so likely as not he won't even show up."

This is the attitude concerning claimants who are not represented. When an unrepped client goes in to see the judge, the judge will offer to delay the hearing until representation can be obtained. In most cases, the judge will tell the claimant straight out that he/she needs to get representation.

Not having a representative implies negative things about a claim:

1. It may imply that your case is so weak that no representative would take it. 90 percent of claimants at the hearing level are represented. When an unrepresented claimant wanders in, it sends an unspoken message that it is a weak claim with little chance of prevailing.

2. The judge understands that without a representative, you are at a distinct disadvantage. You will be the only person in the hearing who does not understand the law, the procedure or the burden of proof.

Consider getting a qualified representative for your hearing. It doesn't cost, it pays.