NeuroTalk Support Groups

NeuroTalk Support Groups (https://www.neurotalk.org/)
-   Social Security Disability (https://www.neurotalk.org/social-security-disability/)
-   -   Can I represent myself in Federal court (https://www.neurotalk.org/social-security-disability/157406-represent-federal-court.html)

Zevan 09-17-2011 04:00 PM

Can I represent myself in Federal court
 
At this point in time this is what I prefer to do. Am I allowed to do this? I'm not afraid to represent myself, I feel I could do a better job. The worst that could happen is I lose. I keep hearing it's expensive to do this, how much is expensive?

Janke 09-17-2011 04:38 PM

I think it would be difficult but I don't know how to answer your question.

Zevan 09-17-2011 06:30 PM

My question is am I ALLOWED? I know it will be difficult, but I would just like an answer if I'm ALLOWED. **

LIT LOVE 09-17-2011 06:37 PM

It's fine to ask questions, but you need to do some BASIC research and understand the process. Both the following links are a good start:

http://www.jamesdisabilitylaw.com/appeal-process.htm

http://www.nls.org/benefits-manageme...201%202009.pdf

Unless I misunderstood, your denial came from an ALJ hearing, correct?

If that is the case, you must first file a timely appeal to the ALJ decision, you do not proceed directly to federal court.

The Appeals Council can then rule in your favor, deny your appeal, or send you back to another ALJ hearing.

NOLO offers wonderful guides that will answer most of your questions.

If your case does progress to the federal court level, YES, you are allowed to represent yourself pro se. This doesn't seem to be where you're at in the process though.

There was no need to start a new thread, btw. It just makes it more confusing. And these are very complex issues that often require context in order to provide you with helpful information.

*edit* You can always pm info you don't want the full public to have access to.

Chemar 09-17-2011 06:41 PM

I am going to have to step in here and request that all members please respond to one another politely, even when disagreeing

Zevan 09-17-2011 06:42 PM

Where did I start a new thread? Each thread has been a different subject. Thanks for the info you sent. The lawyer I had sounds like he is going to dump me, and has indicated he thinks my case will be moved to the federal level. I was told no lawyer will take my case, so that was why I was asking if I could represent myself. I've gone too far to quit now.

Jomar 09-17-2011 06:48 PM

I think what was meant was that collectively, all the various facts in one thread is a bit easier to keep track of sometimes at first.

But I wouldn't believe what one single atty told you about no others taking your case, you don't know until you ask other attys and show what you have so far..to get their opinions.

Zevan 09-17-2011 06:50 PM

Thank you so much for answering my question. I feel better to now know I can file a pro se. I don't want to give up now if an attorney won't take my case.

Zevan 09-17-2011 06:53 PM

Yes, I do know unfortunately. I have called around and around and around, they don't want my case. I could quit at this point letting them make the decision for me; however, I prefer to fight to the very end before giving up.

LIT LOVE 09-17-2011 07:43 PM

Quote:

Originally Posted by Zevan (Post 806376)
Where did I start a new thread? Each thread has been a different subject. Thanks for the info you sent. The lawyer I had sounds like he is going to dump me, and has indicated he thinks my case will be moved to the federal level. I was told no lawyer will take my case, so that was why I was asking if I could represent myself. I've gone too far to quit now.

I really am attempting to provide information that will help, and you can help me (help you) by answering my questions.

My head was scrambled and I was emotionally leveled when I had to write my own appeal, so I can relate. It felt like in order to write the appeal I had to learn a new language, but one that was written by Martians from 1985, that had a very "unique" application of logic. It's easy to waste valuable time and energy on issues that seem important to you, but matter very little within the context of the case.

From my perspective, your subject of all 3 threads are how do you now proceed with your claim. When you think of new questions you can simply reply to your own thread, and post them there. Any of us can give simple responses, but if we recognize that you've jumped ahead a step in the process, that simple answer doesn't serve you well.

"Had" is past tense. "Going to dump" implies he has not dropped you yet. Is he still your attorney? Will or has he filed the appeal for you? If he is dropping you, request that in writing.

"Has indicated he thinks my case will be moved to the federal level." Does this mean he has filed an appeal and does not expect a positive result? That he is willing to file the appeal, but if it moves on to Federal Court, then he will release you?

Who told you "no lawyer will take my case"? If your lawyer felt you had no case, he shouldn't/wouldn't have taken it in the first place. If he feels you needed better documentation, he should have advised you of that. His opinion about what other attorneys will do is not worthy of ANY of your concern. If you want an attorney, you need to start researching the best ones in your area and make appointments. Until you have several refuse your case, don't think you can't find an attorney.

Your attorney might be subtly telling you he does not believe your disability qualifies you for SSDI/SSI benefits. If the documents do not accurately reflect your limitations, then getting into doc appointments, having tests taken, etc. would be advised, because you might need to file a NEW application (your current claim would be part of the record for a new application). If you were sent by SS to a doc/docs, read their reports carefully, they are supposed to be objective, and ALJ's will give them significant weight.

The simple answer to this thread is yes, you can represent yourself. BUT, I'm just not sure the original question applies to your situation based upon the info you've provided in your previous threads.


All times are GMT -5. The time now is 08:30 PM.

Powered by vBulletin • Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.

vBulletin Optimisation provided by vB Optimise v2.7.1 (Lite) - vBulletin Mods & Addons Copyright © 2024 DragonByte Technologies Ltd.