why disability lawyer will not take your case

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

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.

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.

Why do disability claims get denied?

Leading Reasons That Disability Claims Are Denied Here are some common leading reasons claims are often denied: Lack of medical evidence. Prior denials. Too much earnings.

How can I speed up my disability case?

Here are some more ways to speed up your disability application.Requesting an OTR Decision. ... Requesting an Attorney Advisor Decision. ... Compassionate Allowances List. ... Terminal Illnesses. ... Presumptive Disability. ... Dire Need. ... Military Service Members. ... Contacting a Member of Congress.

Why do disability claims take so long?

Because it often takes a doctor's office or hospital a month or more to fulfill a request for records, some of the wait time comes from Social Security waiting for your records to arrive so that they can be reviewed.

How long does it take to get an answer from SSD?

about 3 to 5 monthsGenerally, it takes about 3 to 5 months to get a decision. However, the exact time depends on how long it takes to get your medical records and any other evidence needed to make a decision.

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.

How can I survive waiting on disability?

While you wait for disability benefits to be approved, consider seeking assistance through other local, state, and federal support programs. These may include: Supplemental Nutritional Assistance Program (SNAP) Temporary Assistance for Needy Families (TANF)

Does SSDI pay back pay?

If your SSDI application does take longer than 5 months to process, you will be awarded back pay and/or retroactive pay for up to 12 months. Back pay covers any time between your application, otherwise known as the EOD.

Who makes the final decision on Social Security disability?

While the DDS office reviews applications and makes recommendations to the SSA, it is the SSA which makes the final decision to accept or reject claims for disability benefits.

What are the stages of disability?

There are four stages for SSDI and SSI applications: Initial, Reconsideration, Hearing, and Appeals Council.

What does processing mean for disability?

The average processing time is the total number of days to process all reconsideration disability claims requiring a medical determination divided by the total number of reconsideration disability claims requiring a medical determination that we process during a particular fiscal year.

How long does it take to get disability approval letter?

3 to 6 monthsOn average, SSA disability processing time can take anywhere from 3 to 6 months. You'll usually receive your disability approval letter shortly afterward. But in certain cases, this can take longer. Some people even waited for years before they got their decision notice.

How many times can you be denied Social Security disability?

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

Why won't disability lawyers help me?

Recently on our forum we had a user ask, “What if I need to appeal my Social Security Disability Insurance (SSDI) application denial but disability lawyers will not help me? Can I make the appeal on my own?” This is a great question, but the better question is should you appeal the denial. We will discuss this question below.

Why would a disability lawyer not take my case?

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 I file the Reconsideration appeal on my own without disability lawyers?

Yes, you have 60 days to file the Reconsideration paperwork to the Social Security Administration (SSA). If you do not file the paperwork in time, under most conditions, you will have to file another SSDI disability application and start the process again.

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.

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 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 ...

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.

Can the SSA reschedule a hearing?

Also, the SSA is generally unwilling to reschedule hearings unless the claimant can demonstrate a good reason to do so (such as illness).

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 does an attorney want to know about an accident?

For injury, malpractice, and accident litigation, an attorney will want to know whether an insurance company, corporate employer, or government entity is involved. Otherwise, there may be nobody with sufficient assets to cover the costs of a lawsuit.

What do you need to know before drafting a complaint?

Before drafting a complaint, your attorney must verify and familiarize himself with the facts of your case, collect your medical records, determine the best legal theory to argue, and research relevant case law. These steps often take longer than clients expect, but they are necessary to avoid sloppy pleadings.

Can a lawyer specialize in a niche?

While they may practice the broader area of law, they may not specialize in the niche that you need. Rather than arguing or demanding that they accept your case, ask for a referral to someone with the correct speciality.

Can small firms handle expensive cases?

The ability to handle expensive cases will vary between firms. Some small firms and solo practices are unable to afford any significantly expensive cases. Others can only handle a few at a time. Larger firms may accept more expensive cases, but even they will reject a case that seems too risky.

Is it ok to wait until the last minute to get an attorney?

It never pays to wait till the last minute to start searching for attorneys. If you have a month or less before your SOL deadline, you may find it difficult to secure an attorney. Most attorneys are unable to drop their current case work to prioritize your last-minute claim.

When an Attorney Takes Your Case

Now if an attorney is taking the case, it doesn’t mean it’s a winning case either. It just means the case has “ good bones “. By good bones, I mean that it has the “ makings ” of a good case. It will still need to be worked on to ensure it’s a winner.

4 Reasons Why Attorneys Are Rejecting Your Case

A lot of claimants file their claim and wish to base their claim on diagnosis and medical records from years ago.

Reason 2 – Despite having doctors visits, your records do not demonstrate you are disabled

I wish there were a “ Medical Records Writing 101 ” in medical school so that aspiring doctors would learn how to properly document patients issues.

The physical exam portion of the records is the most important part of the record because this is where the doctor is writing his findings after he examines you

That’s where the “good stuff” is when assessing a winning claim. By “good stuff” I mean, the part where the severity of your impairments is usually listed.

If you have not filed your claim yet, I have the perfect book for you

My book Real Tactics for Filing Your Disability Claim is now available on Amazon Kindle and paperback.

Understand that there is a reason why you want an attorney

You are emotional. Your disability hurts or it’s very stressful. You want to be heard. You want your disability to be “ recognized “. You want “ affirmation “.

Reason 4: You filed your case a little too early

Attorneys will usually tell you to call them once you get your first denial. There are several reasons why:

Why won't a lawyer take my case?

Here are the top 7 reasons why a lawyer won’t take your case: 1. There is No Money to be Made in Your Case. There is a real cost associated with trying a case. For a lawyer to take a case, the case needs to have the potential to recover more money than the lawyer will have to invest to try the case.

What happens if a lawyer doesn't take your case?

Additionally, the cost of developing the testimony to prove up your case has to be factored into the analysis of the attorney. If the cost of the expected depositions exceeds the expected return on the case, an attorney most likely will not accept the case. If a lawyer doesn’t take your case, you can get a second opinion from another lawyer who has ...

What happens if you are dropped from another law firm?

If your case has been repeatedly “released” or “dropped” from another law firm, subsequent attorneys will think twice about taking your case from either a liability perspective or an unreasonable expectation perspective.

What is statute of limitations?

The Statute of Limitations has expired. A statute of limitations is a law which sets the maximum time you have to initiate legal proceedings from the date of an alleged offense, whether civil or criminal.

How long do you have to sue for a personal injury?

For example, in some states, the statute of limitations on personal injury claims is two years, so that means you have two years to sue for a personal injury case.

Why is it important for a lawyer to protect their reputation?

Lawyers have an interest to protect their own reputations since a strong reputation will draw in more clients, just as a weak reputation will do exactly the opposite. In personal injury cases, how badly you’re injured is an important factor in a case.

What does it mean when a lawyer takes on a new client?

7. They don’t like you. A lawyer is never obligated to take your case. Taking on a new client means starting a new working relationship – and relationships are a two-way street. If you’re perceived to be difficult to work with, obnoxious, or abrasive, then they may choose to pass on your case.

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 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 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 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.

Can an attorney judge you?

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.

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.

Why are malpractice cases not pursued?

Malpractice attorneys agree that many legitimate cases aren’t pursued, though not because they’re greedy or don’t want to help. Patrick Malone, a Washington, D.C., attorney who has represented patients in medical malpractice lawsuits since 1985, said he triages cases to focus on those that resulted in permanent harm.

How much money do lawyers have to invest in a lawsuit?

But lawyers may have to invest $50,000 or more to pursue a case, and they usually only get paid if they win or settle.

What do doctors say when something goes wrong?

Doctors and hospital officials who subscribe to this philosophy, such as those at the University of Michigan Health System, the University of Illinois at Chicago Medical Center and Stanford University Medical Center say they tell patients when something went wrong and offer an apology and sometimes even compensation.