why would a disability lawyer denying me

Because disability lawyers get paid only if they win, disability attorneys and law firms sometimes decline to represent a person if they believe there is little chance of success of winning. Should I Hire a Disability Lawyer or a Nonattorney Advocate?

Full Answer

Why am I being denied for disability benefits?

You may have been denied simply because you may not be seeing the right doctors. Other times people concentrate on one medical issue and see only one specialist. They forget all other impairments and yet list all these impairments in their application without seeing a doctor for each of them.

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 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.

Can the insurance company deny my disability claim because of treatment?

Even if you are attending treatment with your doctors, psychologists and psychiatrists, the insurance company can still legitimately deny your disability claim if the care you are receiving is substandard.

What are some reasons disability claims can be denied?

Leading Reasons That Disability Claims Are DeniedLack of medical evidence.Prior denials.Too much earnings.Failure to follow treatment advice.Failure to cooperate.

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 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...

What percentage of disability claims are denied?

Disability denials are what most disability claimants can expect to receive after they file a claim for benefits with the Social Security Administration. Statistically, initial claims have a denial rate of approximately 67%. Reconsiderations (the first step of appeals) are denied at an even higher rate (up to 87%).

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 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 should you not say in a disability interview?

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.

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 are the top 5 disabilities?

Top 5 Disabling Conditions that Receive Disability Benefits1) Arthritis. Over 50 million adults and 300,000 children are documented to have some form of arthritis. ... 2) Degenerative Disc Disease. ... 3) Cancer. ... 4) Paralysis. ... 5) Parkinson's Disease. ... Contacting a Social Security Attorney.

What is the next step after being denied disability?

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.

How hard is it to get on disability?

Approval Rates For Denials. 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.

How do you survive while waiting for disability approval?

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)

What should you not say when applying for Social Security 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.

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...

Is it hard to get disability for anxiety?

It can be difficult to bring a claim for disability benefits on the basis of anxiety or depression because the evidence used to support the diagnosis is based on subjective criteria. Objective measures, like an X-ray or a blood test, cannot tell your doctor what you are thinking or feeling in your day-to-day life.

How do you survive while waiting for disability approval?

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)

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.

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.

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.

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.

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.

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 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 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 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.

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.

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 people get disability?

Mental illness represents one of the most common reasons for disability from the workplace. Over the past decade, insurance companies have seen a rise in the number of disability claims for mental illness. The insurance industry has taken measures to manage mental health-related disability claims.

What happens if your medical records don't show reality?

If the medical records don’t accurately document the reality of your situation, then the insurance company bases its decision on the impression created by the records , not the actual reality of your situation. Therefore, with a mental illness disability claim, your primary goal must be to make sure the medical record accurately communicates ...

What happens if your mental health doesn't improve?

If your mental heath doesn’t improve, then the insurance company will cite the failure to see a psychiatrist as a reason for denial of benefits. The one exception to this is if your family doctor demonstrates that he or she is providing a very high standard of care in management of your mental illness. I can tell you it is rare to see family doctors demonstrate such a high level of care that the insurance company would not see the lack of a psychiatric consultation as a reason for denial.

What is the primary goal of a mental health claim?

Therefore, with a mental illness disability claim, your primary goal must be to make sure the medical record accurately communicates the reality of your situation.

What are some examples of poor standard of care?

For example, a common example of poor standard of care is for your doctor to prescribe medication, but then fail to monitor you carefully and make adjustments to the medication. Without careful monitoring and tweaking of medications, your mental health is unlikely to improve.This can lead to a situation where you claim will be denied, even though you are following your doctor’s recommendations and you are taking the medication as prescribed.

Is mental illness a disability in Canada?

In fact, mental illness is one of the leading causes of disability in Canada, especially for doctor s, lawyers, nurses, business owners and other professionals . I constantly see the same reasons for why depression, anxiety and other mental illness disability claims are denied or payments are cut-off by insurance companies.

Can you be denied a mental health claim if you don't attend a psychologist?

Failure to attend recommended treatment with a psychologist, or attending and giving a half hearted effort, will guarantee a denial of your disability claim for mental illness. It is common for people to give me a hundred different reasons for why they didn’t go for the recommended psychological treatment.

What to do if you are denied disability and can't work?

If you have been denied disability and can’t work, you should file an appeal for reconsideration with the SSA.

What percentage of disability claims are denied?

Getting an Unfavorable Decision. If your initial disability application was denied, you are not alone. Approximately 65-70% of all initial applicants are denied disability benefits. Though this may seem like a large amount, claims are denied for all different reasons. After you are denied, you will have the option to appeal your decision ...

What is the first step in the appeal process for a denied disability claim?

The first step in the appeals process for a denied disability claim is called reconsideration. As the name implies, reconsideration is an appeal made to the SSA concerning your denied disability claim.

What happens if you don't appear at an ALJ hearing?

If you fail to appear at the hearing, the ALJ will dismiss your claim.

How many Social Security disability claims are denied?

About 65% of all Social Security disability benefits claims are denied at the initial application stage.

What to do if denied Social Security?

After you are denied, you will have the option to appeal your decision and improve your claim. If you have applied for Social Security Disability benefits and are faced with an unfavorable decision, do not panic. If you are denied Social Security disability, you can fight the decision.

What to ask at an ALJ hearing?

During the ALJ hearing, the judge will ask you to explain the reasons why you can no longer work. You have to demonstrate why the medical condition that you suffer from limits your ability to complete ordinary job functions. Your lawyer will ask medical experts to testify on your behalf as well.

Why won’t my disability lawyer meet with me?

Although disability applicants may want a one on one meeting prior to the hearing date, this is not always possible. Large disability firms schedule attorneys throughout the nation. Law offices may hire lawyers to work certain cities if there are a large number of hearings in that city, but generally lawyers will travel to the hearing site on the day of the hearing.

What is my disability lawyer doing?

If you have hired a disability lawyer they can help you with a variety of tasks related to your disability appeal, but most of their work starts when your disability hearing has been scheduled before the administrative court judge.

How Will My Attorney or Advocate Develop My Medical Evidence?

Your attorney or nonattorney advocate 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 a hypothetical disability hearing?

At the disability hearing, your lawyer will ask you ask you a series of questions called "hypotheticals." These hypotheticals are designed to rule out the possibility that you can work any type of job due to the limitations imposed by your condition. For more information, see our article on how an attorney uses hypotheticals at a disability hearing. (Also, you may want to learn more in general about what to expect at your disability hearing .)

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.

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 sedentary?

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. For example, if your doctor has said that you can't lift more than 10 pounds or sit more than two hours per day, this will help prove that you are capable of "less than sedentary work," meaning that Social Security will have to find you disabled. (For more information, see our article on "less than sedentary" status.

How to win a disability claim?

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 .)

What does a legal professional do for disability?

Because Social Security frequently dictates the type of exam needed to win a claim for disability, a legal professional will review your medical records to determine whether you need to undergo additional testing. The legal professional may ask the SSA to schedule a consultative examination (CE) with one of their doctors or ask that you get the required testing done on your own, if need be.