Interpretation Rights And Social Security Disability Representation: What You Are Entitled To
If English is not your first language, or if you have a disability that restricts your ability to communicate to a social security worker or speak in court about your needs, then you have a right to an interpreter. Any means of communicating effectively with a judge, a lawyer and/or a social security intake worker should be provided for you. Here is how you can request assistance from your lawyer when you enter into court proceedings to get any disability benefits for which you have been denied.
What the Law Says about Family Interpreters
Although you may have a family member be present as a sign language, foreign language or speech interpreter with you when you visit the social security office, they cannot be in court with you. Usually a court-appointed interpreter or approved communication device is all that is allowed in any sort of court hearing, and even these interpreters and devices must be requested by you or your lawyer in advance to the court date. There has to be a set of very unusual circumstances before the courts would allow a family member to accompany you to your hearing.
Court-Appointed Interpreters and Communication Devices
Court-appointed interpreters sit with you and your lawyer during your disability hearings. You will speak or sign directly with the interpreter, who will then translate to the judge, the lawyers and the baliff or stenographer (if these are present). If you are able to use communication devices for court, such as a computer or whiteboard, you may be able to respond to questions and talk to your lawyer using these devices. If you cannot read or write, compounding either your communication disability or language barrier, then you may be appointed a guardian who will speak for you on your behalf.
Bypassing Barriers to Your Disability Hearing
If you have other mental health or social interaction issues that prevent you from even coming out into a public venue to speak, you also have the right and ability to request an alternative to your actual physical presence in a courtroom.
You can:
- Bypass making an appearance completely by granting full power of attorney to someone you trust or to a court-appointed trustee, or
- Agree to a meeting in closed chambers with the judge, your attorney and the Social Security Disability office's attorney, or
- Ask to "appear" by phone or video chat
Again, there would have to be some extreme issues present in your personal situation (e.g., you are an agoraphobe, your life has been threatened by other individuals, etc.) in order for the courts to grant your request for special appearances.
For professional legal help, contact a lawyer such as Mckown Jim Attorney At Law.
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