The Supreme Court also relied on the fact that Social Security hearings are supposed to be non-adversarial. A hearing is unlike normal litigation, where each side is aggressively represented by counsel. This means the judge is supposed to develop evidence on both sides. Social Security does not have a representative at administrative hearings, and claimants may or not. This leaves the task of fully developing evidence to the judges, who vary in their dedication to this task. This Supreme Court decision may be used to bring judges to a more balanced position, utilizing their power to order more tests and medical or psychological reports when there is an inadequate medical record.

Gary Parvin’s six years of work on this case protects the many vulnerable claimants who are without lawyers or may have inadequate representation. It may be pivotal in gaining more access to medical examinations and reports for claimants.

Early representation is always best in these claims, and may cost no more than involving a lawyer later in the case. Attorney’s fees are charged on a contingency basis, which means you don’t pay unless you win. Fees are one fourth of the back benefit disability payments awarded to the client, with a fee maximum of $5300.

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