why would a disability lawyer deny helping me

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 that if the disability applicant is approved, there will be very little backpay or retroactive benefits from which to be paid.

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 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

What happens when you get in touch with a disability lawyer?

When you first get in touch with a disability lawyer, they will conduct an initial review of your case. If you’ve never applied for disability benefits, they will assess your eligibility for disability. But if you’ve already been denied, they will look at what went wrong with your application.

Why do so many 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.

Why is disability always denied the first time?

Medical Reasons This denial can come because the application was not for a condition that the SSA considers severely disabling. The SSA can also deny an application because it did not include enough medical evidence to support the severity of the disabling condition.

What can you not say to someone on disability?

Making Statements That Can Hurt Your Claim – Unless you are specifically asked pertinent questions, do not talk about alcohol or drug use, criminal history, family members getting disability or unemployment, or similar topics. However, if you are asked directly about any of those topics, answer them truthfully.

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 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...•

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 are 4 hidden disabilities?

The four most common types of hidden disabilities are:Autoimmune Diseases. In most people, the body's immune system protects them from invaders like bacteria and viruses. ... Mental Health Conditions. ... Neurological Disorders. ... Chronic Pain and Fatigue Disorders.

What conditions are considered a disability?

The legal definition of “disability” states that a person can be considered disabled if they are unable to perform any substantial gainful activity due to a medical or physical impairment or impairments which can be expected to result in death or which has lasted or can be expected to last for a continuous period of ...

What is the next step after being denied disability?

Request a Reconsideration Online for a Medical Determination If we recently denied your disability claim for medical reasons, you can request an appeal online. A reconsideration is a complete review of your claim by someone who did not take part in the first determination.

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 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%.

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 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.

Why are my claims denied?

Many claims are denied due to lack of medical evidence. When you apply you'll need to submit your medical evidence.

What happens when you appeal a disability decision?

When you appeal a decision, the understanding at that point is that you truly believe you qualify for disability benefits. You might go back and review your medical documentation to ensure that you have provided everything that the SSA needs to make an informed decision.

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.

How many credits do you need to work to get disability?

For younger applicants, the number of work credits needed is based on a sliding scale given that you might not have worked long enough to earn 40 credits. To receive disability benefits, you must be unable to work. If you are capable of working in your current position, or if you could work with accommodations for your condition or in a modified capacity, then you will not receive disability benefits.

How many denials are there for Social Security Disability?

Social Security disability applications face an overwhelming 70% denial rate upon initial evaluation. That is a huge number but it is based upon several very different factors, such as applying for a condition that does not meet the criteria or lack of proper medical documentation.

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.

How many cases are denied in the first round of Social Security?

1) 90% of cases are denied in the first round! Sad but true. But consider this denial as part of “the game”. We talked about this and more in the post about the Social Security denial letter.

Who wrote the book Social Security Disability?

Learn the ins and outs of filing your Social Security Disability Claim with Real Tactics For Filing Your Disability Claim. This book was written by Yours Truly and it was created for those claimants who wish to learn more about the process in language they can understand.

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 ...

Why is my case less than sympathetic?

9) Your case is less than sympathetic because your behavior may be causing the impairment or making it worse. Illegal drugs is a pretty obvious one but what if you are smoking when you have lung issues, or stomach and intestinal issues? or Drinking when you have cirrhosis or hepatitis? The list goes on.

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.

Does diagnosis alone win cases?

5) Diagnosis alone does not win cases. I get this one a lot. People get diagnosed with something serious (for eg, heart attack, cancer) and because of this diagnosis, they think they can win right away. I talk about this in my post about listed impairments.

Can you get medical marijuana on long term disability?

Even if this is a claim for Long Term Disability through a private insurance system and your State allows for medical marijuana treatment, it still carries an “illegal drug” stigma to it and it can hurt your case.

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.

What do disability lawyers know?

Experienced disability lawyers know the ins and outs of the SSA’s disability evaluation system like the back of their hands. They know what the SSA wants to see and what type of evidence to submit for them to see that.

What happens if you hire a disability lawyer?

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.

What is the SSA disability determination process?

The SSA’s disability determinations process uses an evidence-based approach in granting disability benefits. They will want you to prove that your disability really prevents you from going back to work or doing any type of income-generating activity.

What to do if your disability is denied?

If your claim gets denied at the initial application stage, you have the right to appeal the SSA’s decision. This is where an experienced disability lawyer can help you too. They can help you navigate the appeals process and file a request for reconsideration.

How to get disability if you have never applied?

1. Conduct an Initial Review of Your Case. When you first get in touch with a disability lawyer, they will conduct an initial review of your case. If you’ve never applied for disability benefits, they will assess your eligibility for disability. But if you’ve already been denied, they will look at what went wrong with your application.

Why is hiring a lawyer important?

One major advantage of hiring legal professionals is they know how to best present your case to the SSA.

Do you need a lawyer for SSDI?

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.

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 Do I Do if I Can't Get a Disability Attorney?

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.

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 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.

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.

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.

What Disqualifies You From Getting Disability?

Social Security Disability helps disabled workers and their families in many ways. For example, you can use SSDI benefits for housing, food, transportation, and other necessities – keeping your family out of poverty.

Twelve Reasons Why the SSA Rejected Your Disability Application

Each claim for SSDI or SSI benefits is unique. However, the reasons for a denial usually fall into one of these categories.

We Handle Disability Claims Nationwide

The SSA denies many legitimate claims. Therefore, do not give up if you receive a denial letter. Instead, contact an experienced disability attorney to determine why you were denied and what you should do next.

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.

Why are disability advocates important?

Represented applicants are more likely to win because, in part, disability attorneys and advocates know how to develop the evidence needed for an approval for that client's particular medical conditions. When a good disability attorney or advocate gets a case, he or she reviews the applicant's file carefully to determine whether any additional tests or medical records are necessary. The representative will then work with the applicant to get the necessary records and submit them on time to the SSA. The representative will also make sure that irrelevant information is not submitted, which is important if the claim goes to the hearing level, because administrative law judges (ALJs) often become aggravated if they have to sift through pages of irrelevant records.

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.

What is the most important factor in winning a Social Security claim?

The single most important factor to winning a claim is having the right medical evidence. Applicants frequently don't know exactly what to give the Social Security Administration (SSA) and may end up submitting too much irrelevant information and too little of what matters.

What can a disability lawyer do?

A disability lawyer can examine your initial application, determine why you were denied, and, if possible, make the necessary changes to get your application approved.

What happens if my second claim is denied?

If your second claim is denied, your attorney can file for all hearings and appeals necessary to obtain benefits.

How to file for disability benefits?

If you hire an experienced Social Security disability lawyer before you apply for Social Security disability benefits, then you can be confident that your attorney will: 1 Collect all the information that you need to apply and know how to use this information to your advantage. 2 Make sure that all of the information supporting your application is submitted correctly and on time. 3 Protect your right to a fair hearing. 4 File any necessary appeals to challenge unfavorable decisions. 5 Act as your advocate should you have to go to court. 6 Help you to prepare yourself for any court proceedings. 7 Speed up the time it takes to begin receiving benefit checks.