what if a disability lawyer declines your case

Disability attorneys work on a contingency fee basis which means they will only get paid if you win your SSDI

case. If disability attorneys do not feel like they can win your case they will not take it. If multiple lawyers have refused your case this could mean you do not qualify for SSDI benefits.

Full Answer

Why would a lawyer refuse to take a disability case?

Concerns about disability applicant. An attorney or law firm may decline to take a case if they feel the client may be troublesome or is not trustworthy, which may be evident if any of the following factors are present: inconsistent statements from the claimant, or dishonesty

Can a disability attorney cease to represent you?

Remember, though, that an attorney can cease to represent you if there is a relapse in your behavior. Claimants who have been represented in the past on a disability case may have difficulty finding a new attorney. This is partly due to professional courtesy.

How can a disability lawyer Help you Win Your Case?

Your disability lawyer will determine the best way to win your case. First, your lawyer will review your denial letter from Social Security to get the agency's reasons it denied your claim so that these issues can be resolved in your favor. (For more information, see our article on denial notices .)

When can I talk to my lawyer about my disability case?

It is not unusual for attorneys to wait until a month or two before a disability hearing to first speak to a client. Up to that point, your only contact with the law firm may be with paralegals or administrative assistants.

What are some reasons disability claims can be denied?

Leading Reasons That Disability Claims Are DeniedLack of medical evidence.Prior denials.Too much earnings.Failure to follow treatment advice.Failure to cooperate.

What should you not say in a disability interview?

Making Statements That Can Hurt Your Claim – Unless you are specifically asked pertinent questions, do not talk about alcohol or drug use, criminal history, family members getting disability or unemployment, or similar topics. However, if you are asked directly about any of those topics, answer them truthfully.

What percentage of disability claims are denied?

Denied disability claims have averaged nearly 53 percent. SOURCE: Tables 59–64. NOTES: Awards are calculated as medical allowances minus subsequent technical denials.

What are the odds of winning a SSDI appeal?

Unfortunately, your odds are even lower for getting your benefits approved on the first appeal—about 12%. If you move on to the next level of appeal, which involves a hearing before an administrative law judge (ALJ), your chances for approval increase significantly—more than 55%.

What is the most approved disability?

1. Arthritis. Arthritis and other musculoskeletal disabilities are the most commonly approved conditions for disability benefits. If you are unable to walk due to arthritis, or unable to perform dexterous movements like typing or writing, you will qualify.

What are 4 hidden disabilities?

The four most common types of hidden disabilities are:Autoimmune Diseases. In most people, the body's immune system protects them from invaders like bacteria and viruses. ... Mental Health Conditions. ... Neurological Disorders. ... Chronic Pain and Fatigue Disorders.

How can I increase my chances of getting disability?

Tips to Improve Your Chances of Getting Disability BenefitsFile Your Claim as Soon as Possible. ... Make an Appeal within 60 Days. ... Provide Full Details of Medical Treatment. ... Provide Proof of Recent Treatment. ... Report your Symptoms Accurately. ... Provide Medical Evidence. ... Provide Details of your Work History.More items...•

What is the next step after being denied disability?

If you have been denied disability and can't work, you should file an appeal for reconsideration with the SSA. Filing a new claim after getting one denied simply leads to the same decision made for the first claim. Work with a Social Security attorney to get the compensation you deserve for your disability.

What conditions automatically qualify you for SSDI?

What Conditions Automatically Qualify You For Social Security Disability?Cancers (advanced stages)Cardiovascular system disorders (chronic heart failure)Neurological disorders (ALS, multiple sclerosis)Early-onset Alzheimer's disease.Musculoskeletal system (spinal disorders)Organ transplantation.Parkinson's.More items...

Can an ALJ decision be overturned?

The only way to overturn a decision made by an ALJ is to file an appeal with the Appeals Council. You can file an appeal to the Appeals Council by sending the SSA a letter or submitting Form HA-520.

What is the monthly amount for Social Security Disability?

SSDI payments range on average between $800 and $1,800 per month. The maximum benefit you could receive in 2020 is $3,011 per month. The SSA has an online benefits calculator that you can use to obtain an estimate of your monthly benefits.

What does it mean when the judge says unfavorable for Social Security?

What does Notice of Decision - Unfavorable mean? This decision finds that you are not disabled and never were disabled according to Social Security laws, regulations, and rules.

What is the evidence of untreated alcohol or substance abuse?

evidence of untreated alcohol or substance abuse (unless claimant agrees to immediate treatment) claimant was "fired" by another disability attorney. claimant expresses unrealistic expectations, or. combative or disrespectful behavior of claimant towards the attorney or staff. Logistical or financial reasons.

What happens if a claimant has not had medical treatment?

This usually happens when a claimant has not had access to health insurance or is ineligible for medical assistance. If the claimant has older supportive medical records that indicate a disability, an attorney or firm may decide to take the case and help the claimant get further testing either by requesting a consultative examination by the SSA or by helping the claimant find affordable community healthcare.

What is disrespectful behavior in disability?

Disrespectful Behavior. The disability process is stressful and attorneys and their staff members well understand this. However, attorneys will not tolerate abusive or disrespectful language directed at themselves or their staff no matter how good the case.

What happens if you don't have medical evidence?

Lack of Medical Evidence. If there are legitimate reasons that a claimant has not had consistent medical treatment, an attorney or law firm could still decide to take the case. This usually happens when a claimant has not had access to health insurance or is ineligible for medical assistance. If the claimant has older supportive medical records ...

Why do disability attorneys decline to take cases?

Concerns about disability applicant. An attorney or law firm may decline to take a case if they feel the client may be troublesome or is not trustworthy, which may be evident if any of the following factors are present: inconsistent statements from the claimant, or dishonesty.

What is a malingerer?

inconsistent statements from the claimant, or dishonesty. evidence that claimant is a malingerer (faking an illness or pretending the impairment is worse than it is) claimant has done "doctor shopping" (usually done to obtain pain medication)

What to do if you have behaved inappropriately towards an attorney?

Therefore, if you have behaved inappropriately towards an attorney or firm staff member, you should apologize directly to the attorney or staff member and provide a written letter of apology. Remember, though, that an attorney can cease to represent you if there is a relapse in your behavior.

Steven Richard Dolson

There are several reasons that the attorney may have withdrawn from your case. The information you gave us indicates two possibilities. If you are getting your retirement benefit it will reduce the amount that you will recover on the disability claim, thus making the case less profitable on a contingency basis.

Lloyd A. Pont

I agree with Ms. Siles. The only way to know for certain though is to call your prior attorney and ask.

R. Matthew Stewart

Your contract may say specifically that the lawyer may withdraw under certain circumstances. If a case is not economically viable for a lawyer to pursue, that may be a reason.

Heather Leigh Siles

I can only speculate why your attorney has decided to not represent you. You will need to ask them. I would suspect it is because you have returned to work. In simple terms, in order to qualify for social security disability you have to prove that you cannot work due to a medical condition or disability.

What factors do lawyers consider when they decide to take a case?

Here are some of the factors lawyers consider when they decide to take a case. Some of the factors, such as age or medical condition, you can't change, but with other factors, you might be able to take actions to make your case more attractive to a disability attorney.

Why do lawyers focus on other factors when taking a case?

Because medical records are complicated, and a lawyer isn't always in the best position to assess whether Social Security is likely to grant a medical allowance for a complex medical condition, lawyers often focus on other factors when deciding to take a case.

What to do if you don't have a good case?

You might ask the attorney or paralegal you spoke to for details on why they don't think you have a good case. If it has to do with your medical records, recent work, substance use, or receipt of unemployment benefits, you can address these issues before continuing with your claim.

What happens if you don't see a doctor?

If you aren't currently seeing a doctor, and don't have a history over the past several years of seeing a doctor, you'll have a harder time finding a lawyer to take your case. Good medical records are probably the most important factor in getting an approval for benefits, and this is especially true for mental claims.

Can I file for disability if I haven't worked for years?

More disability claims are denied for financial or work credit eligibility reasons than for medical reasons. For SSDI, if you haven't worked for a numbers of years, meaning your " date last insured " is in the past, a lawyer won't likely take your case—unless you might be eligible for disability through SSI.

Can a disability lawyer take your case?

Some disability lawyers won't take your case until you've been denied benefits. They'd rather not help out at the application stage, but they'd be more than willing to represent you at the appeal hearing.

Can a lawyer take a case for fibromyalgia?

Having what appears to be a severe medical condition will obviously help convince a lawyer to take your case, but there are certain conditions that some lawyers don't like to see in your medical file. Fibromyalgia is one of them. Historically it's been difficult to get benefits for fibromyalgia, though it's gotten easier since Social Security published a ruling on the subject. Also, applying for fibromyalgia along with similar conditions, especially a lesser known condition like Ehlers-Danlos syndrome, may signal to Social Security that you still haven't received the proper diagnosis.

What is grid in SSA?

The grid is a system developed by the SSA to decide if a person is able to work based on the highest exertion level of the job he or she can perform (sedentary work, light work, or medium work), along with the applicant's age and education level.

How to prove you are not capable of sedentary work?

To prove you are not capable of sedentary work, your attorney will use the documented symptoms of your illness, the opinions of your treating doctors, your testimony, and any other objective medical evidence in your file to show why you can't do various sit-down jobs.

What can an attorney do to prove a disability?

There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your condition meets a disability "listing". prove that you "grid" out of all work (including not being able to do your past work) prove that your non-exertional limitations prevent you from working, or.

What is an initial interview with an attorney?

When you first contact an attorney or law firm for representation, either the attorney or a firm staff member will conduct an initial interview with you to gather the basic facts of the case. These facts are used to help determine if the firm will take your case. The interviews are usually done by phone; however, ...

Can a disability attorney meet with you?

Most disability attorneys speak with their clients by phone, but you can ask your attorney to meet you in person if you wish. Before your pre-hearing meeting or phone conference, your attorney will have reviewed your file and determined what issues still need to be addressed.

Can you testify about your disability?

The SSA allows you to bring a witness to testify about your disability , but because witnesses can be harmful or helpful, your attorney will decide if witness testimony is necessary to win your case. Your lawyer may be interested in asking your caregivers or former employers to write letters in support of your disability.

Can an attorney represent you?

You must answer all of your attorney's questions as honestly as you can—even if the questions are embarrassing or you feel ashamed of the answers. Otherwise, your attorney cannot represent you effectively. Remember that your attorney is not there to judge you, but to help you win your claim.