SSDI- Need to appeal but disability lawyers won't help
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.
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.
What if the SSA simply states that your condition is not severe or they think you can work another job? This denial can be appealed, but you will need additional medical evidence to prove your case.
So, as mentioned above, before you appeal on your own read your denial letter and determine why you were denied and what you need to do to fight the denial.
Can I file the Reconsideration appeal on my own without disability lawyers?
Yes, you have 60 days to file the Reconsideration paperwork to the Social Security Administration (SSA). If you do not file the paperwork in time, under most conditions, you will have to file another SSDI disability application and start the process again. Consider as well that the back pay calculation will also restart and you will only get back pay back to the most recent application date, less the five month waiting period.
How do you file your Reconsideration? If you have received a medical denial you can appeal the decision online by following this link: Appeal Our Recent Medical Decision . 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.
Will other disability lawyers help me?
If you have only talked to one disability lawyer and they have declined to take your SSDI case it may make sense to talk to another one. There are some disability lawyers who have plenty of cases and only take the cases they think they absolutely will win; others may cast a wider net, so to speak, and take some that they have a 80 to 90% chance of winning. See comments above for information about why your case may have been denied and do not appeal your disability case until you know for sure you have proper grounds for the appeal.
Appealing or again and again or filing multiple applications when you do not have a case or you do not meet the most basic requirements for SSI or SSDI is a waste of time for you and the SSA.