If you have applied for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) you may be surprised to find you cannot get a disability attorney to take your case. Recently on our disability forum we had a user ask, “What do I do if I have had four disability attorneys refuse to take my case?”
Why would disability attorneys refuse to take my case?
Disability attorneys work on a contingency fee basis which means they will only get paid if you win your SSDI case. If disability attorneys do not feel like they can win your case they will not take it. If multiple lawyers have refused your case this could mean you do not qualify for SSDI benefits.
So what are some reasons you can be automatically denied SSDI?
There are some basic requirements for SSDI benefits. For instance, the SSA will automatically deny your case if you do not have enough work credits to qualify, your condition is not expected to last 12 continuous months, your condition is not severe or you are working too much and making too much money.
There are many claimants who apply for SSDI benefits and do not meet the basic requirements, and they simply apply again and again hoping they will eventually be approved. If this is your strategy the disability attorneys know that if they take your case they are wasting their time and they could do work and end up not getting paid.
What do I do if a disability lawyer will not help me?
If multiple lawyers refuse your case you need to review the reason you continue to be denied SSDI benefits. If you do not meet the nonmedical requirements then there is nothing to do, you will never be approved benefits with or without legal help. You should attempt to get retrained and go back to work.
If you meet the nonmedical requirements but a lawyer still refuses to take your case you can file your case on your own and do research to understand what you will need to do to win your case. Unfortunately, it can be difficult to win your case on your own without legal help, especially if you have a case which is not immediately approved.
What types of cases are approved without legal help?
The good news is there are many types of disability cases which will be approved immediately. If your condition is as severe as a condition on the SSA Listing of Impairments, assuming you meet the nonmedical requirements, it will be approved immediately. There is also a list of conditions called the Compassionate Allowance List that are approved immediately. If you have a condition on either of these listings you will not need to hire disability attorneys.
The disability process can seem very daunting, especially without hiring a disability lawyer. Consider, if no lawyer will take your case then they do not believe you can win and you may need to consider whether or not you are truly disabled.
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