Attorney or Other Representative

You have the right to have a representative, who may or may not be a lawyer, help you at the hearing. Historically, most parties do not have a representative at their appeal. The ALJ is an active participant in the hearing and will question both parties to elicit the relevant facts of the case. However, if the facts in your case are complicated, there are many legal issues involved, or you don't feel comfortable doing it alone, you are allowed to have someone help you prepare and present your case.

If you choose to hire a representative, contact your representative immediately to allow them sufficient time to prepare for the hearing. It is your responsibility to notify them of the time and place of the hearing and to pay any fees charged for such representation. (Attorneys for claimants may not bill for their services without the ALJ's prior approval of their fees.) During the hearing, if you feel you need a representative, you may ask the ALJ for time to get one. The ALJ will decide whether or not to allow your request.