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Disability attorney will not take my case - Help!

If you have been injured with a severe disability and you are not able to continue to work you may have considered filing Social Security Disability Insurance (SSDI). In some cases disability applicants can get disability benefits faster and more readily with a disability lawyer’s help. But what do you do if you have talked to a disability lawyer and they have told you that they cannot help you with your disability claim? Recently on our disability forum a user asked, “What are my options if a disability attorney will not take my case?”


Top reasons a disability lawyer will not help you


First, it’s important to understand that a disability lawyer’s job is to help disability applicants win their disability cases. So if a disability lawyer will not take your case it’s either because they think your case is not strong enough to win, you are working too much, or you do not qualify for SSDI or SSI benefits. So let’s take a closer look at each of these reasons.

1. Disability attorney does not believe they can win your case.


 

Disability lawyers work on a contingency fee basis. This means if they take cases that they do not win they will not be paid for their work. Take too many of these cases and they are likely to be out of business.

So if a disability attorney tells you they do not think they can win your case it could be for a variety of reasons: you are not currently seeing a doctor, you do not have medical evidence to support your disability claim, or you have a condition which is unlikely to be considered disabling.

2. You are working too many hours to be considered disabled.


 

Another reason a disability attorney may decide not to take your case is if you are working too many hours and making too much money to be considered disabled. Disability lawyers know that if you submit a disability application and you are working too many hours your claim will automatically be denied.

3. You do not qualify for SSDI or SSI benefits.


 

Finally, a disability attorney will not take your disability case if they think you do not qualify for disability benefits. You may not qualify for SSDI or SSI for a variety of reasons: you are working too much, you lack sufficient credits to be considered insured for SSDI benefits, you make too much money to receive SSI benefits, you have a condition which will not last for 12 continuous months, or your condition is not severe enough.

Listed above are simply a few reasons why a disability lawyer will not take your case. If you have questions about your claim you can contact the Social Security Administration. Keep in mind, in some cases, one lawyer may decide not to take your case but another disability attorney may decide they are willing to help you. It is always a good idea to discuss your case with more than one lawyer.
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