More on Disability Lawyers Grand

By: john adam

According to the newly enacted regulatory scheme, a representative is a fiduciary. For lawyers, this is nothing new. For nonlawyers, there are an entirely different set of responsibilities for and obligations to the client. All disability lawyers Grand Rapids or other individuals acting on behalf of the party seeking the benefit or statutory right shall, in their dealings with, authentically execute their duties as fiduciaries and agents of a party.

In effect, the newly expanded regulations give the nonlawyer representative a status already held by attorneys—fiduciary, someone in a position of trust. However, the regulatory term for fiduciary is bidirectional, which represents a critical distinction from the concept of fiduciary as an attorney. As a fiduciary under the regulations, a representative owes a high degree of competence to both the claimant and the agency in order to promote a non-adversarial proceeding before the administrative law judge. Indeed, the requirement is that a representative “shall, in their dealings with us" act as “fiduciaries. A critical component is the duty to provide competent assistance. Integral to providing competent assistance are the requirements that representatives be “forthright in their dealings” and “act with reasonable promptness to obtain information and evidence” to support their claims. Thus, fiduciary expectations under the regulations are, perhaps, little different from expectations of attorneys as officers of the court. As a practical matter, this means that unfavorable as well as favorable evidence must be produced by the representative (i.e., the representative must produce all the medical evidence, not only the records he or she deems favorable). Lawyers have the same obligation when informing the court of pertinent law and legal precedent. Attorneys cannot shade the law; they cannot omit legal precedent that is unfavorable to their clients. An attorney’s fiduciary obligation to the court, as an officer of the court, is to advise the court of all the law.

The imposition of a bidirectional fiduciary duty, one in which the disability lawyers Grand Rapids owes a duty of trust both to the client and to the agency, promotes the non-adversarial nature of the proceedings. Theoretically, both the representative and the judge should be trying to determine if there is a factual and legal basis for entitlement to benefits. It is not an adversarial contest in which the representative is trying to beat the judge in order to win the case. One should hire the right lawyer who provides services at reasonable fees.

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The Author is conveying information about Grand Rapids social security attorneys and Disability lawyers Grand Rapids. You're probably thinking, everyone says that, so, what's different here. It's the commitment of quality, genuineness, and a guarantee that values your time and interest.

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