In order to avoid confusion, you should send your lawyer a letter using certified mail, return receipt requested, asking him to notify Social Security that he is no longer your representative. I would also suggest that you look carefully at the fee contract you signed with your lawyer.
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Steps after your disability lawyer quits your case If your disability lawyer has told you they are dropping you as a client they should provide you with information about the reason. There are legitimate reason they may not be able to argue your case: you have started working too much and they know you will be denied, you have not been responsive to their request for information …
So if a disability lawyer will not take your case it s either because they think your case is not strong enough to win, you are working too much, or you do not qualify for SSDI or SSI benefits. So let s take a closer look at each of these reasons. 1. Disability attorney does not believe they can win your case. Disability lawyers work on a contingency fee basis. This means if they take …
· 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.) Next, your attorney will develop a "theory" of why you're disabled under Social Security disability law. Your lawyer will write a legal brief for …
Lack of communication between lawyer and client can kill a case. Not telling you how they think the case will transpire is another mistake. If they don’t give you the right preparation for a trial, …
When you first contact an attorney for representation, either the attorney or a firm staff member will conduct an initial interview with you to gat...
Your attorney, or a staff member in the law firm, will request the medical records needed to win your claim and submit them to the Social Security...
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 co...
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...
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...
Disability lawyers work on a contingency fee basis. This means if they take cases that they do not win they will not be paid for their work. Take too many of these cases and they are likely to be out of business.
Finally, a disability attorney will not take your disability case if they think you do not qualify for disability benefits. You may not qualify for SSDI or SSI for a variety of reasons: you are working too much, you lack sufficient credits to be considered insured for SSDI benefits, you make too much money to receive SSI benefits, you have a condition which will not last for 12 continuous months, or your condition is not severe enough.
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.
If your attorney thinks additional testing is needed to meet the listing, he or she may request that an SSA doctor examine you or that you schedule the necessary tests with your physician. If your condition does not seem likely to meet the listing, the attorney will look to other possible theories.
At the disability hearing, your lawyer will ask you ask you a series of questions called "hypotheticals." These hypotheticals are designed to rule out the possibility that you can work any type of job due to the limitations imposed by your condition. For more information, see our article on how an attorney uses hypotheticals at a disability hearing. (Also, you may want to learn more in general about what to expect at your disability hearing .)
It is not unusual for attorneys to wait until a month 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 staff members. Nonattorney staff members are generally responsible for making sure request for hearing deadlines are met and medical records are requested and received, and for communication with clients about pre-hearing matters.
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. For example, if your doctor has said that you can't lift more than 10 pounds or sit more than two hours per day, this will help prove that you are capable of "less than sedentary work," meaning that Social Security will have to find you disabled. (For more information, see our article on "less than sedentary" status.
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 .)
Because Social Security frequently dictates the type of exam needed to win a claim for disability, a legal professional will review your medical records to determine whether you need to undergo additional testing. The legal professional may ask the SSA to schedule a consultative examination (CE) with one of their doctors or ask that you get the required testing done on your own, if need be.
When a potential disability client contacts a Social Security disability law firm, a paralegal or assistant will usually do an "intake" interview with you, often by phone. The assistant will ask you questions about your age, your medical condition, how often you see your doctors, whether you've been hospitalized for your condition, and whether you are working. The law firm will then decide whether it's in their financial interest to take your case. Established law firms (as opposed to young solo lawyers just starting out) generally only take cases on which they have a solid chance of making an ample fee.
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.
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.
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.
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. If you aren't currently seeing a doctor or psychologist, start now, and try again to find a lawyer.
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.
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.
If you are unhappy with your current representation, you should speak to your attorney and explain your dissatisfaction. Often, an honest conversation with your counsel will allay your concerns and avoid the hassle, risk, and expense involved in hiring a new disability attorney.
When you hired your lawyer or law firm, you signed a contract called a fee agreement that allows the lawyer or law firm to collect a fee of 25%, or up to $6,000, from any disability back payments awarded to you. If you are close to your hearing date, your representative has spent time and resources preparing for your case ...
If your lawyer agrees, ask her to notify Social Security that she is withdrawing from the case and is waiving the fee. You should also notify Social Security that you don't want your current disability lawyer to represent you.
If you hire a new attorney, both attorneys will have to file a fee petition detailing the time spent on your case in order to get paid. If the fee petition is granted, the court is not bound by the 25% maximum fee; therefore, you may end up paying more in attorneys' fees than if you had stayed with your original attorney.
Disability claimants sometimes become frustrated with their legal representatives because it takes so long for the Social Security Administration (SSA) to decide their claim. And their frustration isn't helped when attorneys or staff members don't return phone calls or emails promptly.
To limit your frustration, ask your legal representative what the general wait times are in your state. It's important that you have realistic expectations for how long the process takes, from start to finish.
However, disability lawyers and law firms are generally not able to shorten the time it takes for the SSA to process a claim or schedule a hearing (except for writing a dire need letter and in rare instances where a claimant's condition is a terminal illness ).
If you have been denied disability and can’t work, you should file an appeal for reconsideration with the SSA.
After you are denied, you will have the option to appeal your decision and improve your claim. If you have applied for Social Security Disability benefits and are faced with an unfavorable decision, do not panic. If you are denied Social Security disability, you can fight the decision.
The first step in the appeals process for a denied disability claim is called reconsideration. As the name implies, reconsideration is an appeal made to the SSA concerning your denied disability claim.
If you fail to appear at the hearing, the ALJ will dismiss your claim.
About 65% of all Social Security disability benefits claims are denied at the initial application stage.
Getting an Unfavorable Decision. If your initial disability application was denied, you are not alone. Approximately 65-70% of all initial applicants are denied disability benefits. Though this may seem like a large amount, claims are denied for all different reasons. After you are denied, you will have the option to appeal your decision ...
During the ALJ hearing, the judge will ask you to explain the reasons why you can no longer work. You have to demonstrate why the medical condition that you suffer from limits your ability to complete ordinary job functions. Your lawyer will ask medical experts to testify on your behalf as well.
If your initial application for disability benefits is denied and you have not yet met with a Social Security Disability attorney, you should do so before entering into the appeals stage of the application process.
What he or she can do is provide you with valuable guidance on how to gather the appropriate medical documentation needed to prove your disability case and how you should submit your application in the best light possible in order to increase your chances of being approved at the initial application stage.
If, for some reason, your initial application is denied, your attorney can help you through the Social Security Disability appeals process and he or she will already be familiar with your case, having helped you prepare the information that was submitted with your claim. If your initial application for disability benefits is denied ...
The next stage of appeals, which almost all denied applicants must go through, is called a Social Security Disability hearing.
This is where you will have your greatest chance of overturning the Social Security Administration's decision to deny your disability benefits. Nearly two-thirds of appeals are won at the disability hearing. With that being said, it is important to remember that your chances of actually receiving a favorable decision at your disability hearing are ...
This resets the clock and delays your ability to receive Social Security Disability benefits. It can take more than a year to be scheduled for a hearing before an Administrative Law Judge.
The first stage of the appeal process is called the Request for Reconsideration stage. When working with a disability lawyer, your attorney is likely to explain to you ...
Disability insurance law is a highly complex area of the law that requires a specific body of knowledge about disability insurance, insurance law, contracts, ERISA regulations and federal law. Attorneys reach out to us when their clients have a disability insurance problem because they understand that this area of the law is very complex and requires particular knowledge.
Litigation concerning private or individual long-term disability policies is governed by state law. That is the court process that most people are most familiar with. It includes pre-trial depositions, evidence and a judge and jury.
One of the firm’s strengths is the ability to navigate and negotiate the numerous entities involved in your disability claim. For many claimants, the disability insurance company is only one of many players in their claim battle.
Litigation for private disability insurance claims is a contract dispute. Your policy contains numerous provisions which outline exactly what the insurance company promises to provide, as well as your obligations and proof of loss requirements for a claim. It is a contract between you and the disability insurance company.
If you are looking for an experienced long-term disability insurance lawyer, do not hesitate to call our New York office at 877-583-2524 or contact us today – we look forward to serving you.
In more than occasion, important notifications and letters have been tossed because the name is unrecognizable. Missing deadlines because of this creates additional challenges for claimants. There are also companies that process claims on behalf of the disability insurance company.
When attorneys who do not represent clients in disability law recognize that they need the help of experienced and knowledgeable disability insurance lawyers for their short-term or long-term disability insurance claims, we are able to step in to help.