When Does It Make Sense To Hire An Attorney To Represent You In An Administrative Hearing?
When you are engaged in an appeals process during an administrative hearing, one of the biggest challenges you may face is trying to receive a timely response and getting anything passed through. For example, every agency has a serious of steps that you must follow. Therefore, you may need to contact an appeals attorney.
What Happens During an Administrative Hearing?
An administrative law judge who did not oversee your original claim will re-evaluate your claim. In some cases, you may appear before a judge. In other cases, you may have your filing reviewed by a judge. If you will appear before a judge, you have the option of instead having appeals attorneys appear in your place.
Your Right to Choose an Attorney
Whether or not you represent yourself or are represented by an attorney is entirely your choice. However, if you choose to represent yourself, you’ll need to make sure that you understand the law. Judges often do not have a lot of patience with those who do not appear to understand what they should be doing. Also, if you do choose an attorney, you have the right to not be pressured into choosing a specific attorney.
Advantages of Hiring an Attorney
- Has knowledge of the law
- Understands how to follow hearing procedures
- Can use evidence to present your case in the best possible light
- Knows the deadline and requirements for filing an appeal
Understands potential pitfalls such as mistakes you could make that may lead to criminal charges. Your attorney will advise you against self-incriminating and will help you negotiate for a reduction of penalties.
Ask for Help on How and When to Apply
Appeals attorneys understand that your life is busy and it may be difficult to remember when you should file for an appeal. In some cases, there might be multiple levels of appeals. For example, when applying for Social Security Disability, your attorney may remind you that the first two attempts to apply for benefits usually fail. You also may not know how to file an appeal.
Preparing for Your Hearing
In cases where you are required to attend the hearing yourself, appeals attorneys will help you review your file, submit any evidence that the judge will need, identify any witnesses who may testify on your behalf, and fulfill any other requirements.
For example, you may be required to submit to a further medical exam. When bringing witnesses, make sure to only bring those witnesses who your attorney believes will help your case. The judge will be less likely to help you if she believes that you are wasting her time.
Even when attending an administrative hearing is optional, you may ish to attend with your lawyer so you may question witnesses, provide any additional information needed to prove your case, and explain your position more easily in more detail.
Laws Governing Administrative Hearings
A typical administrative hearing will be governed by state or federal law. It’s essential that you know these laws when participating in the hearing because you’ll be able to determine if you are receiving a fair hearing.
You must also know the procedures governing an administrative hearing. For example, some administrative hearings allow you to speak with the judge, while others do not provide this opportunity and the judge simply reviews the facts of the case.
You’ll Need a Lawyer Who Speaks Your Language
If you do not speak English as a first language, you may want to find an attorney who speaks your language. He will help you understand your case. Even if your lawyer does not speak your language, he may help you find an interpreter.
Hire a Lawyer if You’re Running Out of Time
With most administrative hearings, you will have a limited amount of time to file an appeal. If you’re not sure about how much time you have, an appeals attorney can not only inform you but can also help you expedite the process. Don’t delay and get submit your appeal as soon as possible.