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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 important are disability attorneys when fighting for your disability benefits?

But based on the results of a survey conducted by a private firm, about 60% of those who got their SSDI or SSI benefit did so with the help of a lawyer. This gives us an idea of how important disability attorneys are when fighting for your disability benefits.

What are the top 5 Reasons for disability denial?

Top 5 Reasons Why Disability Claims are Denied #1: Lack of Hard Medical Evidence #2: Prior Denials #3: Your Income #4: Failure to Follow Treatment #5: Failure to Cooperate Improving the Possibility of Success Additional Resources

Should I hire a disability lawyer for medical evidence?

If you hire a disability lawyer, the burden of compiling the necessary evidence to support your claim will fall largely on them. You won’t have to stress yourself talking to your doctors or thinking about what type of medical evidence you need to get.

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.

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 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...•

How do I fight a disability denial?

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 is the hardest state to get disability?

OklahomaOklahoma is the hardest state to get for Social Security disability. This state has an SSDI approval rate of only 33.4% in 2020 and also had the worst approval rate in 2019 with 34.6% of SSDI applications approved. Alaska had the second-worst approval rate, with 35.3% of applications approved in 2020 and 36.2% in 2019.

What conditions are automatically approved for disability?

What Conditions Automatically Qualify You for Disability?Musculoskeletal disorders (e.g., bone, joint injuries, skeletal spine injuries)Special senses and speech (e.g., visual disorders, blindness)Respiratory disorders (e.g., chronic bronchitis, emphysema, asthma)More items...

Why is it so difficult to get disability?

Clients often ask me why it is so hard for them to get Social Security benefits or SSI based on disability. The simple answer is that the system is strapped for cash. Since 2003, there has been a 29% increase in Americans with little or no work experience getting disability payments.

What are 2 hidden disabilities?

What Are Some Common Hidden Disabilities?Psychiatric Disabilities—Examples include major depression, bipolar disorder, schizophrenia and anxiety disorders, post-traumatic stress disorder, etc.Traumatic Brain Injury.Epilepsy.HIV/AIDS.Diabetes.Chronic Fatigue Syndrome.Cystic Fibrosis.More items...

How is the amount of disability determined?

Your benefit amount is based on the quarter with your highest wages earned within the base period. A base period covers 12 months and is divided into four consecutive quarters. The base period includes wages subject to SDI tax that were paid about 5 to 18 months before your disability claim began.

What does unfavorable decision mean?

This can happen when you don't go to the hearing, when you filed your appeal too late without good reason, or when your case has already been decided and you have no new evidence. A dismissal can be appealed to the Appeals Council or Federal Court.

What happens if you are denied SSDI?

If we recently denied your claim for retirement, disability benefits, Supplemental Security Income (SSI), or a nonmedical related issue, you can appeal our decision. Generally, you have 60 days after you receive the notice of our decision to ask for any type of appeal. There are four levels of appeal: Reconsideration.

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%.

Can a disability lawyer help me?

Many Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are completely frustrated with the disability process and wonder why they continue to be denied time and time again.

When will a disability lawyer not take my disability case?

Probably the first question that needs to be asked is not whether or not you can get approved with a lawyer’s help after two SSDI or SSI denials but rather will the lawyer even take your case. Disability lawyers work on a contingency fee basis, and lawyers will not take your case if they do not think they can win.

Why were you denied SSDI and SSI?

There are many SSDI and SSI applicants that will never be approved for SSDI or SSI benefits. It’s frustrating for everyone involved when a claimant does not do enough research to understand the basic requirements for disability and simply applies multiple times.

What stage am I likely to be approved for SSDI or SSI benefits?

If you have been denied twice and you have requested a disability hearing this can be the ideal time to hire a lawyer. Disability lawyers have argued hundreds of cases, many just like yours, and understand the type of information needed to prove you cannot work at a substantial level.

Why are disability claims denied?

Many Social Security Disability claims are denied due to a lack of solid medical evidence. If you want to qualify for disability benefits you will need to prove that you are unable to work due to your disabling condition.

What is the success rate of disability appeals?

You are able to bring witnesses who can support and corroborate your claims. There is an average success rate of 62% at this stage.

What is the most important thing to keep for Social Security?

The medical records kept by your primary care physicians are what will be most important in determining the success of your claim for Social Security Disability benefits. Because of this, it is very important that you discuss how your disability is impacting your work life with your physician.

What happens if you don't show up for a Social Security exam?

If you fail to provide the Social Security office with requested documentation or fail to show up to your scheduled medical exams, your claim will be denied. Because of this, it is important to remain in contact with the person handling your case and provide any and all documentation requested in a timely manner.

What happens if you don't follow the treatment prescribed by your doctor?

If you fail to follow the treatment prescribed to you by your doctor, the Social Security Administration will deny your claim. The reason for this is that the examiner will not be able to accurately determine whether or not your condition actually prevents you from being able to work if you are unwilling to cooperate with treatment.

Does income matter when applying for SSDI?

Your income does not matter when applying for SSDI benefits. Some people who apply for SSI benefits can work part time and earn money during the process. However, If you are working and earning more than $940 per month when you apply for Social Security Disability, your claim could get denied. The Social Security Administration will only approve ...

Can you prove disability with Social Security?

This isn't the case. Even if you are sent for medical exam by the Social Security office, it may not be enough to prove your disability.

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 some claimants win their cases?

Some claimants are certain they will win their case simply because they have a diagnosis and they feel they can’t work anymore. No one thinks about what it takes to win a case and all they think is that if “the neighbor got disability benefits and I see him moving around just fine, I should too”. Today, I will be giving you ...

What does it mean if you haven't worked in years?

This is a big one. It means that if you haven’t worked in years (more than 5) you may not qualify for benefits because you are no longer insured under the system. Or it can mean that you have “too much money” to qualify ( more on that in a future post ). 11) It’s too early to file.

Can you throw tantrums at a doctor?

Now, in physical cases (bad back, heart problems etc), that’s a no, no! Do not throw tantrums at your doctor’s office. A lot of times doctors will write that in their notes and the “decision maker” will see it.

Can you work again if you have heart attacks?

A lot of these diagnosed conditions are serious and some people will never work again because of them. But you need to realize that people have heart attacks every day and eventually they go back to work. People have cancer and go back to work. It may take a little while, but they go back to work.

Can you get benefits while in prison?

13) Incarceration. You can’t get benefits while incarcerated. Simple as that. Wait until you’re out. They will also not pay for the period you were incarcerated even if you qualify for it medically during the time of incarceration.

Do you need money during the pendency of a disability case?

15) You’re receiving Unemployment Benefits: Yep, I know you need money during the pendency of the disability case but the sad reality is this: if you are receiving unemployment your case will be denied or your benefits will be paid pro-rata during the time you were receiving those benefits.

Social Security Disability Denied Benefits

The government has a fiduciary duty to manage taxpayer funds responsibly. Accordingly, they are inclined to be highly critical of applications for benefits. They do not want to give help unless it is absolutely certain that a person is entitled to the benefits.

Contact Us

There are steps you can take that greatly increase the chances that your claim will be granted. An Indianapolis Social Security Disability lawyer at the Hankey Law Office can handle both your initial claim and your appeals. Contact us today at (317) 634-8565 for a free consultation.

Why do I need a disability lawyer?

If you decide that you need a disability lawyer, it will also give you an opportunity to evaluate the competence and motivation of the attorney. Another benefit of choosing a lawyer early on (before the filing of an initial disability application) is that if your application is approved, your corresponding legal fees will also be lower.

How to get a disability attorney?

An attorney in disability can provide the following services: 1 Prepare the initial application 2 Attend disability hearings 3 Attend reconsideration hearings 4 Collect the necessary medical evidence 5 Obtain medical opinion from doctors 6 Contest Social Security Administration decisions 7 Advise clients on the law 8 Prepare and draft legal briefs for the Administrative Law Judge 9 Examine and cross-examine witnesses 10 Examine and cross-examine Vocational Experts or Medical Experts 11 Attend appears before the Appeals Council or Federal Court

How does legal representation help with disability?

Having legal representation will allow you to increase your chances of winning as your disability attorneys will evaluate the medical evidence, identify gaps, focus on the strengths, and avoid over-complicating the application.

How much does a disability lawyer charge?

Disability lawyers can charge legal fees equal to the lesser of either 25% of your disability backpay or $6,000. There may be no initial payment (or very little) and the lawyer will receive the legal fees when you win your case.

What is the impact of disability on a case?

In a disability claim, a crucial factor impacting the overall success of the case is to have the right medical evidence in support of a claim. Submitting too much evidence, irrelevant evidence, contradictory evidence, or other can certainly lead to the denial of an application.

Is it mandatory to have a lawyer for Social Security?

Having a lawyer is not mandatory. However, having an experienced lawyer who has seen many applications in the past and has dealt with the Social Security Office does bring value in structuring your claim in the best possible manner.

Can a disability lawyer help with a disability claim?

It’s not easy for a person and his or her family to go through a disability event. There may be many legal questions and confusion about the process, what are the disabled person’s rights and remedies, and so on. That’s when a disability lawyer can help clarify disability questions and help prepare a disability claim in the best possible way.

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).

What is disability lawyer?

Disability lawyers are trained to counter negative testimony presented by the vocational expert and to elicit supportive opinions. This skill requires an understanding of the complex way in which different jobs, and the skills needed to do them, are categorized.

Why don't doctors help with disability?

A supportive opinion from your doctor (s) is vital to winning a disability claim. However, doctors are sometimes unwilling to help disability applicants. There are many different reasons why doctors may not want to help; for example, a doctor may be unsure about how the disability process works or may be too busy to fill out forms. Some doctors may have personal opinions about Social Security benefits that make them unwilling to help. Also, a doctor simply may not believe the applicant is disabled.

What are the bad facts about disability?

Sometimes "bad facts" come in the form of a doctor's opinion that states that the applicant is not disabled or that the applicant is exaggerating symptoms. Other times, an applicant has not seen a doctor for many years or has been inconsistent with following a treatment plan, either of which can hurt the applicant's chances. Regardless of the specifics of the "bad facts," disability attorneys are often able to confront and explain the issues to the ALJ in ways that minimize damage to the applicant's case.

Why is it important to have an ALJ?

This is important because the attorney understands, for example, how each ALJ likes a hearing to be conducted and whether the ALJ has any biases towards certain medical conditions.

Why are lawyers more likely to win on appeal?

Applicants with lawyers are more likely to win on appeal is because most disability attorneys have extensive experience with the appeal hearing process. This experience gives attorneys the specialized skills needed to win your appeal. Experienced disability attorneys have also learned to work through the process correctly so there are as few additional difficulties as possible.

Why is it important to ask questions to an attorney?

This is important because if there are any areas in the applicant's testimony that weaken the case, the attorney is trained to spot the problem and to use further questioning to correct or clarify the applicant's testimony.

What does it mean when an attorney decides on the best argument?

Once the attorney has decided on the best argument, he or she can determine how to meet the requirements of the rules and regulations using the facts of the case. This also means that an attorney can anticipate weaknesses in a case and decide how best to manage them.