Individuals who are interested in hiring a Social Security Disability attorney are often surprised when an attorney refuses to represent them in their Social Security Disability case. Why would an attorney turn away a potential client? There are many valid reasons why this may occur.
Reason #1: Your Initial Claim Has Not Been Denied
While there are some attorneys who are willing to represent clients at all stages of the disability application process, some will not represent you until you have been denied an initial application for disability benefits. If you would like to have an attorney representing you from the initial application stage of the process, you will need to find an attorney who is willing to help you file your initial Social Security Disability application.
If you meet with an attorney who refuses your case at the initial application stage, it does not necessarily mean that your case for Social Security Disability benefits is not a strong one. It may just be that you are speaking with an attorney who will not represent clients until the appeal stage of the disability application process.
Reason #2: Your Case Is Not Likely to Win
If the attorney reviewing your disability claim feels that you do not have a strong case and that you are unlikely to receive benefits regardless of how many times you appeal, the attorney is not likely to accept your case. This is due to the fact that Social Security Disability attorneys do not get paid unless you win your claim for disability benefits.
Instead of paying a Social Security Disability attorney out of your own pocket, the attorney receives a portion of the back payments you receive from the Social Security Administration. When an attorney takes on your case, he or she will receive either 25 percent of your Social Security Disability back payments or $6,000 (whichever is less) when your case is awarded.
If an attorney is reasonably sure that there is no way for you to win your Social Security Disability case, then he or she knows that they will not be paid for the time spent on your case. On account of this, the attorney will not want to spend time representing you in your claim for disability benefits.
Reason #3: Uncooperative Clients
You will need to work closely with your disability attorney in order to win your Social Security case. If you refuse to provide requested information, fail to show up at your appointments, miss your consultative exams and make it difficult for your attorney to represent you, your Social Security Disability attorney may actually drop your case. If this happens it may be hard for you to find another attorney to take your case for you. Because of this, it is crucial that you cooperate with your attorney.
When working with a disability lawyer make sure that you attend all of your appointments on time and promptly fulfill any requests he or she may have. Your attorney wants you to win your Social Security Disability case so he or she can be paid. It is in your best interests to follow the advice they give you and pay heed to any and all requests made by your attorney.
Reason #4: Dishonesty
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 refuse to represent you because they actually have your best interests in mind. If the attorney you are speaking with is not completely confident in their ability to handle your specific disability case, they may come right out and tell you this. In most cases, when this happens, the attorney likely has another legal professional in mind who would be better equipped to handle your disability claim. If this happens it is just a matter of following up with the qualified attorney you are referred to.
While it can be very frustrating to be denied services by an attorney, there is usually always a valid reason for an attorney to deny representation. A disability lawyer is not allowed to turn away clients based on race, creed, religion, sex, sexual orientation, national origin or age. If you feel that your case was turned away for one of these reasons and not any of the reasons mentioned above, you should contact your local Bar Association to discuss the matter.