why would my disability attorney act like we are not going to win our case at the hearing?

Why do I need a lawyer for my disability hearing?

Jan 17, 2017 · There are several reasons that the attorney may have withdrawn from your case. The information you gave us indicates two possibilities. If you are getting your retirement benefit it will reduce the amount that you will recover on the disability claim, thus making the case less profitable on a contingency basis.

What happens when I first call a disability attorney?

A good disability lawyer will develop the best theory of disability for winning your case, prepare you for your hearing, and arrange for witnesses. Hearing approval rates are about twice as high for applicants who bring lawyers. To learn how a disability lawyer handles other aspects of your case and appeal hearing, see our article on how ...

How do disability law firms manage disability cases?

May 20, 2021 · For SSDI, if you haven't worked for a numbers of years, meaning your "date last insured" is in the past, a lawyer won't likely take your case—unless you might be eligible for disability through SSI. For SSI, if you have significant income or assets, a lawyer won't be interested in your case.

How will my attorney determine if I meet a disability listing?

Feb 09, 2022 · The SSA allows you to bring a witness to testify about your disability, but because witnesses can be harmful or helpful, your attorney will decide if witness testimony is necessary to win your case. Your lawyer may be interested in asking your caregivers or former employers to write letters in support of your disability.

What are the odds of winning a disability hearing?

What percentage of SSDI is reconsideration approved?

What is the most an attorney can charge for disability?

How long does reconsideration take for SSDI?

Can your SSDI be taken away?

Can an ALJ decision be overturned?

How far does SSI back pay go?

How does SS disability back pay work?

What is the difference between SSI and SSDI?

Who makes the final decision on Social Security Disability?

How do you win a disability reconsideration?

Why is my reconsideration for disability taking so long?

What Happens When I First Call A Disability Attorney?

When you first contact an attorney for representation, either the attorney or a firm staff member will conduct an initial interview with you to gat...

How Will My Attorney Develop My Medical Evidence?

Your attorney, or a staff member in the law firm, will request the medical records needed to win your claim and submit them to the Social Security...

How Will My Attorney Help Me Get Ready For My Hearing?

It is not unusual for attorneys to wait until a month or two before a disability hearing to first speak to a client. Up to that point, your only co...

Will My Attorney Arrange Witnesses For Me?

The SSA allows you to bring a witness to testify about your disability, but because witnesses can be harmful or helpful, your attorney will decide...

How Will My Attorney Argue My Case?

Your disability lawyer will determine the best way to win your case. First, your lawyer will review your denial letter from Social Security to get...

What is a good disability lawyer?

A good disability lawyer will develop the best theory of disability for winning your case, prepare you for your hearing, and arrange for witnesses. Hearing approval rates are about twice as high for applicants who bring lawyers. To learn how a disability lawyer handles other aspects of your case and appeal hearing, ...

What to ask a disability lawyer about a doctor?

Fortunately, an experienced disability attorney is trained to handle "bad facts." For example, if your records contain opinions by a physician or other medical provider that do not support the fact that you have a true disability and are unable to work, your attorney will ask you questions aimed at limiting the importance of and/or eroding the accuracy of the doctor's statement. For instance, your lawyer may ask you how long you had been a patient of the doctor, whether the doctor was a specialist in your illness, and whether you sought a second opinion.

What to do if your records contain statements about drug abuse?

If your records contain statements about drug or alcohol abuse, it will be especially important for your lawyer to explain to the ALJ what you are doing to treat your addiction. An ALJ will appreciate that both you and your attorney are straightforward about the "bad evidence" and may agree with your position.

What is the most important evidence you need to substantiate your claim for disability benefits?

The most important evidence you need to substantiate your claim for disability benefits is the opinion prepared by your treating doctor (s). You will give your lawyer contact information for your treating doctors so that the lawyer can request your doctor to submit a written opinion of your diagnosis, prognosis, and functional limitations in an RFC ( residual functional capacity) statement.

What to ask your doctor for in a disability appeal?

Your attorney will ask your doctors for supportive statements, submit only the relevant medical records to the judge, and know how to handle bad evidence. In preparing to represent you in a disability appeal hearing, your attorney will want you to answer some detailed questions about your symptoms and limitations.

Can you do less than sedentary work?

When trying to prove that you can do what Social Security calls "less than sedentary work," your attorney will need medical evidence to prove that you have certain functional limitations, like not being able to lift ten pounds or needing to lie down frequently during the day .

Does Social Security give doctor opinions?

In the past, Social Security had to give more weight to the opinions of treating doctors who have treated you for a period of time, who know your medical history, and are supportive of your disability claim. As of March 27, 2017, this is no longer true. For more information, see our article on when Social Security can discount your treating doctor's opinion.

Why do lawyers focus on other factors when taking a case?

Because medical records are complicated, and a lawyer isn't always in the best position to assess whether Social Security is likely to grant a medical allowance for a complex medical condition, lawyers often focus on other factors when deciding to take a case.

How to interview a disability client?

When a potential disability client contacts a Social Security disability law firm, a paralegal or assistant will usually do an "intake" interview with you, often by phone. The assistant will ask you questions about your age, your medical condition, how often you see your doctors, whether you've been hospitalized for your condition, and whether you are working. The law firm will then decide whether it's in their financial interest to take your case. Established law firms (as opposed to young solo lawyers just starting out) generally only take cases on which they have a solid chance of making an ample fee.

What factors do lawyers consider when they decide to take a case?

Here are some of the factors lawyers consider when they decide to take a case. Some of the factors, such as age or medical condition, you can't change, but with other factors, you might be able to take actions to make your case more attractive to a disability attorney.

What to do if you don't have a good case?

You might ask the attorney or paralegal you spoke to for details on why they don't think you have a good case. If it has to do with your medical records, recent work, substance use, or receipt of unemployment benefits, you can address these issues before continuing with your claim.

What happens if you don't see a doctor?

If you aren't currently seeing a doctor, and don't have a history over the past several years of seeing a doctor, you'll have a harder time finding a lawyer to take your case. Good medical records are probably the most important factor in getting an approval for benefits, and this is especially true for mental claims.

Can a disability lawyer take your case?

Some disability lawyers won't take your case until you've been denied benefits. They'd rather not help out at the application stage, but they'd be more than willing to represent you at the appeal hearing.

Can a lawyer take a case for fibromyalgia?

Having what appears to be a severe medical condition will obviously help convince a lawyer to take your case, but there are certain conditions that some lawyers don't like to see in your medical file. Fibromyalgia is one of them. Historically it's been difficult to get benefits for fibromyalgia, though it's gotten easier since Social Security published a ruling on the subject. Also, applying for fibromyalgia along with similar conditions, especially a lesser known condition like Ehlers-Danlos syndrome, may signal to Social Security that you still haven't received the proper diagnosis.

What can an attorney do to prove a disability?

There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your condition meets a disability "listing". prove that you "grid" out of all work (including not being able to do your past work) prove that your non-exertional limitations prevent you from working, or.

How long before a disability hearing can you speak to a client?

It is not unusual for attorneys to wait until a month before a disability hearing to first speak to a client. Up to that point, your only contact with the law firm may be with paralegals or staff members. Nonattorney staff members are generally responsible for making sure request for hearing deadlines are met and medical records are requested and received, and for communication with clients about pre-hearing matters.

What is a hypothetical disability hearing?

At the disability hearing, your lawyer will ask you ask you a series of questions called "hypotheticals." These hypotheticals are designed to rule out the possibility that you can work any type of job due to the limitations imposed by your condition. For more information, see our article on how an attorney uses hypotheticals at a disability hearing. (Also, you may want to learn more in general about what to expect at your disability hearing .)

What to do if your SSA does not meet the listing?

If your attorney thinks additional testing is needed to meet the listing, he or she may request that an SSA doctor examine you or that you schedule the necessary tests with your physician. If your condition does not seem likely to meet the listing, the attorney will look to other possible theories.

How to prove you are not sedentary?

To prove you are not capable of sedentary work, your attorney will use the documented symptoms of your illness, the opinions of your treating doctors, your testimony, and any other objective medical evidence in your file to show why you can't do various sit-down jobs. For example, if your doctor has said that you can't lift more than 10 pounds or sit more than two hours per day, this will help prove that you are capable of "less than sedentary work," meaning that Social Security will have to find you disabled. (For more information, see our article on "less than sedentary" status.

How to win a disability claim?

First, your lawyer will review your denial letter from Social Security to get the agency's reasons it denied your claim so that these issues can be resolved in your favor. (For more information, see our article on denial notices .)

What does a legal professional do for disability?

Because Social Security frequently dictates the type of exam needed to win a claim for disability, a legal professional will review your medical records to determine whether you need to undergo additional testing. The legal professional may ask the SSA to schedule a consultative examination (CE) with one of their doctors or ask that you get the required testing done on your own, if need be.

What is the Quick Disability Determination Process?

The Quick Disability Determination Process allows some claimants to get disability benefits much faster than the regular process.

How long does it take to appeal a case?

First, realize from the getgo that you will most likely need to file an appeal before your case can be won, and the appeals process can take up to a year and a half to finish. Second, plan ahead financially at the outset, meaning avoid new debts and obligations and, perhaps, restructure current debts and obligations.

How to check status of Social Security claim?

Call your local DDS agency or hearing office, not the Social Security field office, to check the status of your claim.

How long does it take to get disability?

It can take a month to more than two years to get approved for disability benefits.

Do you get temporary disability if you have a private employer?

Only a few states provide temporary disability benefits, though workers' comp and private employer-funded disability insurance do as well.

Can I get financial assistance while waiting for SSI?

Interim Public Assistance While Waiting for SSI. Most states offer loans when you apply for SSI if you promise to pay it back with your SSI benefits. Financial Assistance While Waiting on Disability. There is help available while you're waiting for Social Security or SSI disability payments, but you have to piece it together.

What evidence is needed to prove disability?

You must have medical evidence to prove your disability case. The most important evidence is your medical records that show your diagnosis, your symptoms, and your response to treatment.

What is disabled disability?

The definition of disabled, according to Social Security, is that you have severe limitations from your health problems that keep you from doing any kind of work for at least 12 consecutive months. This is the first thing we look at when evaluating your case. Your diagnosis is just the starting point.

What does Sharon Christie Law do?

We do it all for you: At Sharon Christie Law we handle all aspects of the case for you, from preparing and filing your application through the hearing with a judge. We are with you every step of the way. When working with us, you focus on feeling better, and we focus on winning your case.

Why is my Social Security case taking longer?

Your case may be taking longer at the first stage or the second stage and that’s just because of a backup at Social Security or at the next Department disability determination services. Or your case may be moving rapidly does that mean you’re going to win? Not necessarily, it doesn’t. It’s just really a matter of the personnel available to work on a case and how many cases they have to work on.

How long does it take to get a Social Security call back?

We never want you to wonder what is happening with your case. We are here to answer your questions. All phone calls and emails are returned within 24 hours. That is our promise to you.

Is Social Security Disability confusing?

We believe in client education: The Social Security Disability process is confusing . We think it is important that you understand each step in the process. So, we created a section on our website that is accessible only to clients. This client’s only section tells you everything you need to know about the disability process.

How to appeal medical denial?

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.

What to do before appeal denial letter?

So, as mentioned above, before you appeal on your own read your denial letter and determine why you were deni ed and what you need to do to fight the denial.

Do disability lawyers get paid?

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.

Can you appeal SSDI if you don't have enough credits?

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.

Who to speak to about disability?

For cases pending at the initial claim level (after you filed the application) and the reconsideration level (after you filed a first-level appeal), speaking directly with the disability examiner who is evaluating your claim is usually the most helpful way to get information.

Who can make calls on behalf of a disability claimant?

If You Have a Lawyer or Representative. Disability claimants who are represented by a disability lawyer or non-lawyer Social Security disability advocate can allow their representatives to make these calls on their behalf. Your representative should periodically check the status of your case for you, both for the purpose ...

How to check on disability status?

To quickly check on the status of your disability case, you can call your local Social Security office and speak to a disability claims representative. You can use the Social Security Office Locator tool to find the phone number for your local office.

What is ALJ hearing?

ALJ Hearing (Second Appeal) The next level of appeal (in most states) is a hearing before an administrative law judge (ALJ). Once a disability claimant submits a request for hearing, the claim is no longer with the DDS; it has gone to the hearing office, called the Office of Hearings Operations (OHO), where it awaits a hearing date.

What is the next level of appeal?

The next level of appeal (in most states) is a hearing before an administrative law judge (ALJ). Once a disability claimant submits a request for hearing, the claim is no longer with the DDS; it has gone to the hearing office, called the Office of Hearings Operations (OHO), where it awaits a hearing date. (This office was formerly called the Office of Disability Adjudication and Review (ODAR).)

Where do disability examiners work?

Your disability examiner works at a state agency called Disability Determination Services ( DDS ), not the actual Social Security Administration (SSA). Disability examiners are typically easy to reach by phone, and you can get the telephone number for your local DDS from your local Social Security office or from our state articles. Find your state article for a list of the DDS offices in all 50 states.

How long do you have to wait to check on your disability?

Checking the status of your Social Security disability claim can help speed up your case. If you've been waiting more than a couple of months for a Social Security decision, you should check the status of your claim.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

Why is it so expensive to go to court?

It's expensive because we have to wait in line too. Going to court is more than dressing up in a fancy suit and knowing what papers to fill out. Attorneys have to wait in line just like the "regular folk" and we are at the mercy of the court staff just like everyone else. If you get a bill that includes time spent waiting in court, it's not usually exaggerated. While some people may stretch the truth - if you want to see whether I had to wait an hour for the case to get called, then just come with me to court. Some courtrooms have more than 50 cases on the call. Your case may not be first or even ninth. I have been number 210 on the list before. It takes time. Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.