Due to the fact that disability lawyers are paid on a contingency-fee-basis where they are paid their remuneration only if they win the case of their client, they often choose to reject representing a person when they’re sure they have lesser chances of winning. Usually, disability lawyers receive their payments from the Social Security Administration and hence the lawyers are extra watchful about the cases that they take.
Disability lawyers work with their assistants who examine the cases and as soon as they notice weaknesses in the case, they tend to deny that client from representing. We’ve asked Pekas Smith: Arizona Disability Attorneys and here’s what they have said about how they reject disability cases.
Tricks used to detect a weak case
There are red flags that often prompt a legal expert that the case they’re about to take is a weak one and there is less likelihood of winning the case. Keep reading to know how they determine such weak cases.
When the argument is weak for being medically eligible. This is when the staff or the disability attorney himself will be unsure about the case and here are the things they spot:
- Despite proper diagnostic tests, not enough objective medical proof
- A case that was refused by medical providers to offer supportive statements
- A dearth of continuous medical treatment
- When the claimant is young and has not attained 45 years of age
- The claimant has already mentioned that this case was rejected by other disability lawyers
- The claimant is already receiving unemployment benefits
- The claimant couldn’t qualify for SSDI or SSI
Concerns about the claimant
Any law firm or disability attorney may even reject a case if they think that the client may be untrustworthy or fussy or troublesome. They look for the below-mentioned factors before rejecting a case for this reason:
- Dishonesty on the part of the claimant or inconsistent statements
- Proof that the claimant is faking some illness or is pretending to have some kind of physical impairment
- The claimant has not followed the doctor’s prescribed treatment
- The claimant has already indulged in shopping for doctors
- The claimant was rejected by one or two other disability attorneys
- The claimant speaks about meeting unrealistic expectations
- The claimant has rude and combative behavior towards the staff members and the attorney
Financial and Logistical Reasons
Here are a few other reasons that would make it tough for the attorney to make the case successful or collect a handsome fee:
- The claimant fired his previous disability attorney
- Not enough time is there for designing a solid case for hearing and this happens when the claimant contacts the lawyer at the eleventh hour
- A case that has potential for non-paying or low-paying SSI case where the attorney knows that the disability back payments wouldn’t be big enough
Therefore, if you’re a soon-t0-claim candidate, you should be aware of the above-listed reasons for getting a case rejected. Be honest while speaking to a disability attorney.
