WHY LAWYERS MAY NOT AGREE TO REPRESENT YOUR DISABILITY CASE

The decision to represent a claimant in a Social Security disability appeal is a consequential decision.  It may have serious financial effects on the attorney or law firm.

Effective representation will involve months or years of legal work.  It will also cost a substantial amount of money for expenses.  The attorney can't get paid a cent unless the case is won and back payments are also recovered.  If these two things never happen, all of the attorney's work has been for free.

Therefore, you can see why attorneys or "representatives" are careful about the cases they sign up to represent.

Here are a few reasons that may cause a claimant difficulty in finding an attorney/representative:

• Age of the claimant.  It is notoriously difficult to get younger claimants approved (under age 50).  Unless there is a severe impairment, it's almost impossible.
• Lack of medical treatment.  Disability cases must he proven.  The proof lies in medical records and treatment.  No treatment, no proof.  
• Date Last Insured (DLI) issues.  Social Security is federal disability insurance, obtained by working and paying FICA tax through payroll deduction.  It expires after a person stops working.  If the DLI is "remove," that is, it's in the distant past, it will be difficult to get an award.
• Work after the Alleged Onset Date (AOD).  If an individual claims disability as of a certain date, yet continues to work after that date, it is difficult or perhaps impossible to win an SSDI or SSI claim.
• A history of repeated denials.  If a claimant has been denied 2 or 3 times already, it may discourage attorneys from signing on to the case.
• Substance Abuse Issues.  Claimants with substantial drug or alcohol abuse may have a difficult time with Social Security disability. 

In short, there are strong cases, average cases and weak cases.  The weaker the case, the fewer attorneys who are eager to represent.  

Spending a few minutes with an attorney/representative for an evaluation of your situation can be very valuable.  Understanding what will be required to get approved will be very useful.  You simply don't get this understanding from the internet or from friends you talk to.  Only a professional who has handled many disability cases is qualified to give a realistic opinion of your chances.

Of course, opinions differ from person to person.  So, just because one attorney may not agree to represent you doesn't mean another one will not.  You may want to speak to more than one.