what should i do if my disability lawyer says no he will not take the case and fighting court

Jonathan Ginsberg responds: As a disability claimant, you have the right to terminate the representation of your attorney. The attorney doesn’t need any special form to withdraw from representation – all he needs to do is write a letter to Social Security advising them that his attorney relationship with you has ended.

Full Answer

Why would a lawyer refuse to take a disability case?

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 …

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

If you have only talked to one disability lawyer and they have declined to take your SSDI case it may make sense to talk to another one. There are some disability lawyers who have plenty of cases and only take the cases they think they absolutely will win; others may cast a wider net, so to speak, and take some that they have a 80 to 90% chance of winning.

How can a disability lawyer Help you Win Your Case?

If an attorney or firm doesn't think you have a case, or declines to take your case for other reasons, it is important that you ask the attorney or firm to explain why they won't represent you. This will allow you to address any issues so that you can strengthen your case, either to convince the attorney or firm to take your case or have a stronger case for the next legal representative …

Can a disability attorney cease to represent you?

Get a release stating that they are no longer representing you as a client. You may want to talk to the SSA to ensure that they understand you are going to hire a new disability lawyer. Call several disability lawyers until you find one who can handle your case. Find out the status of your case.

What should you not say in a disability interview?

The following five statements should never be announced at your disability hearing.“I can't work because no one will hire me.” ... “I don't know why I'm here. ... “I don't do chores because my significant other, friend or family member does them.” ... “I have never used drugs or alcohol in my life.”More items...•

Who makes the final decision on Social Security disability?

the Disability Determination Services (DDS)An applicant can receive payments for up to 6 months while the Disability Determination Services (DDS) reviews the claim and makes the final decision.

Why would a SSDI case be dismissed?

A “dismissal” is when Social Security turns down your application, after you appealed it, without actually deciding whether you are disabled. This often happens if you did not go to a hearing.

How many times can Social Security deny you?

Even if you are denied social security disability 3 times you may be able to appeal or submit a new application.

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 medical conditions qualify for Social Security disability?

Conditions that qualify for SSDI and SSI include:Cardiovascular System. Conditions of the heart, such as High Blood Pressure, Heart Failure and Blood Clots.Digestive System. ... Endocrine System. ... Genitourinary Impairments. ... Hematological Disorders. ... Immune System Disorders. ... Malignant Neoplastic Diseases. ... Mental Disorders.More items...

Can a decision by the ALJ 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 does an unfavorable decision mean?

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 percentage of SSDI is reconsideration approved?

12% to 15%If the claims examiners find that you should have been approved, that your denial was mistaken or inappropriate, you will be awarded your benefits. However, this is rare – only 12% to 15% of applications are approved at Reconsideration.

Can you be turned down for Social Security benefits?

If you have been denied Social Security benefits, you are not the only one. In fact, the Social Security Administration regularly denies more than half of the applications it receives. A denial is by no means an indication that you should give up on trying to obtain these crucial benefits.

Is depression considered a disability?

You can get disability benefits for depression, but a diagnosis of depression by itself is not enough to qualify you for benefits. The depression must also be impacting your ability to work and it's possible that you might need to hire a lawyer to help you with this aspect of your disability claim application.

Why do disability claims get denied?

Here are some common leading reasons claims are often denied: Lack of medical evidence. Prior denials. Too much earnings.

What Happens When I First Call A Disability Attorney?

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...

How Will My Attorney Develop My Medical Evidence?

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...

How Will My Attorney Help Me Get Ready For My Hearing?

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...

Will My Attorney Arrange Witnesses For Me?

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...

How Will My Attorney Argue My 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...

How to appeal medical denial?

Medical decisions may also be appealed by completing the Request for Reconsideration, Form SSA-3441, Disability Report - Appeal, and Form SSA-827, Authorization to Disclose Information to the Social Security Administration.

What to do before appeal denial letter?

So, as mentioned above, before you appeal on your own read your denial letter and determine why you were deni ed and what you need to do to fight the denial.

Do disability lawyers get paid?

Disability lawyers work on a contingency fee basis which means they will only take a case if they think they have a chance to win; otherwise, they do not get paid. So, before you decide whether to file an appeal on your own you need to find out why you were denied and why the disability lawyer refuses to help you.

Can you appeal SSDI if you don't have enough credits?

For instance, if you applied for SSDI and you do not have enough work credits, unless you can prove that the SSA made a miscalculation you will continue to be denied. This type of appeal is tough to win without solid evidence that the SSA has incorrect data.

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 to do if an attorney doesn't think you have a case?

If an attorney or firm doesn't think you have a case, or declines to take your case for other reasons, it is important that you ask the attorney or firm to explain why they won't represent you. This will allow you to address any issues so that you can strengthen your case, either to convince the attorney or firm to take your case or have a stronger case for the next legal representative you interview. To contact other disability attorneys and firms in your area, you can use our disability attorney locator tool.

Why do people who have been represented in the past have difficulty finding a new attorney?

It is also because clients who have had issues with a previous firm or advocate are more likely to have the same issues even with a new attorney.

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.

Can an attorney stop representing you?

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.

Can a lawyer take a claim if a person is abused?

Many attorneys and firms will take a claim despite substance abuse problems if the claimant is getting help. The claimant must also be able to provide a statement from his or her healthcare provider that says the disability would exist even if he or she were clean and sober.

Do you have to tell your attorney about alcohol abuse?

If you abuse alcohol or illegal substances, you need to tell the prospective attorney or firm. This is especially important if you are not receiving treatment. Many attorneys and firms will take a claim despite substance abuse problems if the claimant is getting help. The claimant must also be able to provide a statement from his or her healthcare provider that says the disability would exist even if he or she were clean and sober. For more information, see our article on how drug and alcohol use affects disability.

Why can't my disability lawyer argue my case?

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 or they have lost contact with you. Your lawyer may also have determined they have taken on too many cases and they do not believe they can effectively work your case.

How long does it take to get a disability hearing?

The good news if you are waiting for a hearing it can take up to 12 months to get on the hearing schedule. This should be more than enough time to start interviewing disability lawyers and find the perfect lawyer to argue your case before the administrative law judge.

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.

How long before a disability hearing can you speak to a client?

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.

What to do if your SSA does not meet the listing?

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.

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.

How to answer an attorney's questions?

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. Also, keep in mind that anything you say to your attorney is privileged. This means that your attorney can only share information with others that you want him or her to share. If you are not sure why the attorney needs to know certain information, you should ask your attorney to explain why the answer is important to your case.

Who will request medical records for Social Security?

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 Administration (SSA) at the appropriate time before your hearing.

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, ...

How do most Disability Lawyers decide which cases to take?

The initial screening for whether or not a disability lawyer will take a disability claimant’s SSI or SSDI case varies by disability attorney.

Does a disability lawyer care if the claimant has filed multiple claims?

Although some inexperienced disability lawyers may hesitate to take a claimant’s SSI or SSDI case if they have filed multiple times and been denied, it could mean that the claimant is really disabled if they are willing to fight for benefits so tenaciously.

Why do some disability attorneys refuse to take a SSI case?

There are some disability lawyers who do not take Supplemental Security Income (SSI) cases. There are several reasons for this but the main reason is that there is no waiting period for SSI benefits, there is no retroactive payments, and the SSI payment is based on the federal benefit rate.

Other factors in the disability lawyers decision making

Another factor the SSI or SSDI lawyer will consider prior to taking a SSI or SSDI case is the claimant’s age. GRID rules were created in 1979. These rules identified how age would be considered in the disability process.

What to ask a disability lawyer about a doctor?

Fortunately, an experienced disability attorney is trained to handle "bad facts." For example, if your records contain opinions by a physician or other medical provider that do not support the fact that you have a true disability and are unable to work, your attorney will ask you questions aimed at limiting the importance of and/or eroding the accuracy of the doctor's statement. For instance, your lawyer may ask you how long you had been a patient of the doctor, whether the doctor was a specialist in your illness, and whether you sought a second opinion.

What is a good disability lawyer?

A good disability lawyer will develop the best theory of disability for winning your case, prepare you for your hearing, and arrange for witnesses. Hearing approval rates are about twice as high for applicants who bring lawyers. To learn how a disability lawyer handles other aspects of your case and appeal hearing, ...

What happens if an ALJ misleads an attorney?

If your attorney attempts to cover-up the evidence or mislead the ALJ about its importance, both you and your attorney's credibility will be damaged.

Can a lawyer be at an ALJ hearing?

Your lawyer can request that a medical expert be at your hearing (by phone). If your records contain statements about drug or alcohol abuse, it will be especially important for your lawyer to explain to the ALJ what you are doing to treat your addiction.

Who can give detailed opinions?

use detailed opinions only from doctors who are specialists in diagnosing and treating your condition, and

Can medical records be harmful to disability?

It is not uncommon for medical records to contain information that is not only unhelpful but may be harmful to a disability applicant's case. Social Security regulations and ethics rules require a disability attorney to submit all relevant evidence to Social Security.

Does Social Security give doctor opinions?

In the past, Social Security had to give more weight to the opinions of treating doctors who have treated you for a period of time, who know your medical history, and are supportive of your disability claim. As of March 27, 2017, this is no longer true. For more information, see our article on when Social Security can discount your treating doctor's opinion.

What does it mean when a disability lawyer is not doing their job?

A disability lawyer who is not doing their job is one who is not responding to your inquiries, who fails to meet critical deadlines for your disability case or who does not seem competent.

What happens if you hire another disability lawyer?

If you do decide to hire another disability lawyer they will generally expect a letter of withdrawal from a previous disability attorney.

Do disability lawyers call you every week?

They are simply waiting for the Social Security Administration to do something: review your case, gather medical records, or schedule a hearing. Disability lawyers most likely will not call you every week ...

Can a disability lawyer help with disability?

So, yes , a disability lawyer can improve a claimant’s chance to get benefits at every step in the Social Security Administration Disability approval process because they understand the process and can make sure that all of the necessary information is included with the application and appeal documents, thus potentially speeding up the time a claimant may be awarded benefits by avoiding multiple appeals, but they cannot completely eliminate the waiting time.

What does a disability lawyer do?

What does a Social Security Disability Attorney do? Although a disability lawyer is an expert at reviewing a claimant’s medical evidence, gathering additional medical records for cases and arguing a case before an administrative law judge, they are not miracle workers.

Can a disability lawyer expedite the SSDI process?

To understand whether or not a disability lawyer can expedite the disability process for either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), it is important to understand what a disability lawyer can actually do and what they cannot do.

Why do people hire disability lawyers?

Many disability claimants hired disability lawyers hoping that the disability lawyer would speed up the Social Security Administration disability claims process. What disability claimants often find is that even with a disability lawyer they end up waiting months or year to receive disability benefits, or worse, ...