It’s understandable that since disability lawyers phoenix only get paid when their clients win, some of them would reject to defend a person who they feel has a low chance of winning or who they believe will get little in the way of back payments or retrospective benefits if their case is accepted. Law firms specializing in disability law earn a percentage of their clients’ back costs or retroactive benefits.

Before agreeing to represent a disabled applicant, disability attorneys and associates who screen cases assess the case. If they find flaws, they may reject the application altogether.

What A Disability Attorney Looks For In A Poor Claim

A legal practitioner may see red flags that signal a claimant’s case is weak or that winning the lawsuit is difficult or impossible. Here are some instances categorized.

Weak medical eligibility argument If you have any of the following, a disability attorney or staff member may think your case is tough to win:

  • despite proper diagnostic testing, no objective medical evidence
  • medical practitioners’ failure to make supporting words
  • the claimant is under 45 and getting unemployment benefits
  • if the claimant is ineligible for SSI/SSDI.

An applicant’s disability concerns An attorney, or legal company may refuse to accept a case if they suspect the client is difficult or untrustworthy, as shown by any of the following:

  • Inconsistent or dishonest claims by the claimant
  • proof of claimant’s fraud
  • Inability to follow doctor’s orders, the claimant has “shopped.”
  • untreated alcohol or drug abuse
  • Unrealistic expectations, aggressive or rude conduct towards the attorney or employees.

Relatively simple explanations. Other reasons why an attorney could struggle to execute an excellent job or charge a fair fee:

  • lack of time to prepare for a hearing (usually when a claimant calls last minute), or likelihood for low-paying or non-paying SSI case
  • Some, but not all, of these concerns may be resolved by openly discussing them with a lawyer.
  • Situations Regarding Specialized Services International

An attorney for a disabled person is compensated only if they win, and the fee is equal to 24 percent of any retroactive or back-payments the claimant is entitled to up to $5,000. Anyone who has been accepted for Supplemental Security Income benefits may only receive payments retroactively to one month from the date of application, even if the Social Security Administration has established the applicant was handicapped long before that date. Consequently, costs in SSI matters are often low, and an attorney may even be paid no fees at all for an SSI case in certain instances. In addition, since SSI payments are fewer than SSDI benefits every month, the lawyer’s proportion is reduced. Lawyers’ fees for SSI claims average $2,800, according to our readers.) Consequently, a lawyer who evaluates an SSI claim and determines that the claimant is not handicapped may decide not to practice law.

  • Fraudulentness Of The Petitioner

Suppose a lawyer or law firm believes that the claimant has ever been dishonest with the lawyer, a staff member, or a medical practitioner. In that case, it is improbable that the business would represent the client. This is particularly true if the claimant’s medical records indicate that their symptoms are exaggerated. Therefore, you must be honest and open with all medical professionals and prospective legal counsel about humiliating or non – supportive facts in your situation if you want to avoid a rocky legal path.

Is There Anything We Can Do If We Can’t Find A Disability Lawyer?

You should always ask an attorney or law firm why they refuse to represent you if they believe you don’t have a case or for other reasons. A better chance for another legal representation you interview will be made possible by addressing any concerns you have so that you may enhance your case. If you’re looking for additional local disability lawyers or firms, you may use our tool to find more local disability attorneys.

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