Specializing in Social Security Disability Can Help You and Your Clients

Many clients and even attorneys are unaware that there is now a national certification process approved by the state of South Carolina for attorneys specializing in Social Security disability law. The specialization, accredited by the American Bar Association, was established in 2005 by the National Board of Legal Specialty Certification (NBLSC) on accreditation. The SC Commission on CLE and Legal Specialization has recognized the specialty since June of 2009.

Attorneys pursuing this designation must provide and demonstrate extensive involvement in and knowledge of the Social Security disability area to qualify for certification, with requirements that include the following:

- Good standing in the state of admission, and a minimum of five years in the practice of Social Security disability law immediately prior to the application.

- Substantial involvement relevant to Social Security disability law, with a requirement that at least thirty percent of the applicant's practice must be spent on Social Security disability law in the three years prior to the application.

- Appearance in no fewer than 100 Administrative Law Judge hearings; filed no less than 20 Appeals Council briefs; and filed no less than 10 briefs in the US District Court or Court of Appeals.

- Substantial participation in Social Security disability CLE, not less than 36 hours or equivalent participation.

- A minimum of six satisfactory references, including at least three from Administrative Law Judges before whom the applicant has appeared.

- Successful completion of a written exam.

- Six examples of legal writing, with representation of work submitted to Administrative Law Judges, the appeals council, and the US District Court or Court of Appeals.

(A complete listing of qualifying criteria may be found at www.nblsc.us.)

Applicants are reviewed by an advisory board of seven attorneys and the process may take six to twelve months for approval.

Although it was not listed under specializations in the most recent SC Bar Lawyer Deskbook, there are currently two attorneys in South Carolina who have earned this designation. Besides my practice based in Charleston, Paul McChesney practices in Spartanburg.

The Social Security disability certification brings the total of specialties recognized in South Carolina to five—four under state guidelines (bankruptcy/debtor/creditor law, employment and labor law, estate planning and probate law, and taxation law), and this Social Security disability specialty, now fully certified by the national accrediting organization. Since attorneys' fees are capped for Social Security disability cases, there's no reason for a client to get less than the most experienced representation. On that I feel fairly certain we all would agree.



Robertson H. Wendt, Jr., practices law in Charleston, SC, and serves disability clients throughout South Carolina, including Charleston, Myrtle Beach, Georgetown, Columbia, Lexington, Beaufort, Hilton Head, and Rock Hill. He is one of only two board certified Social Security disability specialists in the state, and one of only 59 Social Security disability specialists in the US certified by the National Board of Legal Specialty Certification. Wendt has been in practice for nearly 30 years and has handled thousands of Social Security disability claims. Find out more about him at www.robertsonwendt.com.

* Attorney advertising notice: This article is designed for general information only. The information presented on this website should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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Keywords: Social Security disability certification, Social Security disability, Robertson H. Wendt, Jr.

By: Robertson Wendt

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