why won't a disability lawyer take my case

If, at any time, a disability attorney feels that you are being dishonest he or she will likely refuse to take your SSDI

case. You must be up front and honest with the attorney at all times. If you are not honest with your lawyer it will be impossible for the lawyer to do their job properly. Reason #5: Lack of Expertise

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Why would a lawyer refuse to take a disability case?

Dec 29, 2010 · If, at any time, a disability attorney feels that you are being dishonest he or she will likely refuse to take your SSDI case. You must be up front and honest with the attorney at all times. If you are not honest with your lawyer it will be impossible for the lawyer to do their job properly. Reason #5: Lack of Expertise. In some cases a Social Security Disability attorney may …

What happens when I first call a disability attorney?

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.

How can a disability lawyer Help you Win Your Case?

the claimant mentioned that other disability attorneys wouldn't take the case, or the claimant is ineligible for SSI or SSDI. 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:

Can a disability attorney cease to represent you?

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 …

What is the most a disability lawyer can charge?

What are the chances of getting approved for disability?

How can I speed up my disability case?

What is the hardest state to get disability?

What is the most approved disability?

How can I survive waiting for disability?

Who makes the final decision on Social Security disability?

Why is my SSDI decision taking so long?

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.

Do disability lawyers get paid?

Disability lawyers and law firms only get paid if they win your case, so they may reject cases that are unlikely to end in an award for benefits. Because disability lawyers get paid only if they win, they sometimes decline to represent a person if they believe there is little chance of success of winning or if they determine ...

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 happens if a claimant has not had access to health insurance?

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 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 ...

Can a law firm represent a client if they are dishonest?

If an attorney or law firm feels the claimant has at any time been dishonest either with the attorney, a staff member, or a medical provider, it is highly unlikely that the firm will represent the client. This is especially true if any medical records suggest the claimant is exaggerating symptoms.

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 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 ...

Is it important to be selective in choosing a lawyer?

Even though it is crucial and recommended to be selective in choosing a lawyer, it’s important that you focus on whether or not the lawyer in question has expertise and a history of winning the type of case you’re involved in.

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.

Is a lawyer obligated to take your case?

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 happens if a lawyer is difficult to work with?

In fact, if you’re difficult to work with and a lawyer is still desperate to take your case, you may need to take a look at that lawyer’s record of winning cases like yours.

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.

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.

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 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.

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.

Can a lawyer take a client with substance abuse?

Whether There Is Substance Abuse. Most lawyers will not take clients with a current substance abuse problem, unless their medical conditions are extremely severe and quitting the alcohol or drug use very clearly wouldn't make their problems less disabling.

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.

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:

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.

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.

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, ...