Your Disability Case Has a Strong Legal Basis

A disability lawyer is more likely to take your case if they believe you have a strong chance of winning. To evaluate your case, they will typically review your medical history, work history, and the specific details of your disability. Some common reasons why a lawyer may take your case include:

• Severe Medical Condition: If your condition prevents you from working and meets the Social Security Administration (SSA) criteria, your case has a stronger chance of success.
• Complete Medical Documentation: If you have thorough medical records from healthcare providers that clearly outline the severity of your disability and its impact on your ability to work, it increases your chances of getting representation.
• Inability to Work for a Year or More: The SSA requires that your disability is expected to last for at least 12 months or result in death. If you can show that your condition fits this requirement, a lawyer will be more likely to take on your case.

You Have Already Applied and Been Denied

Many disability cases get denied initially, even if the applicant is genuinely disabled. If you’ve applied for Social Security Disability benefits and received a denial, a disability lawyer may be more inclined to take your case, especially if you are at the appeals stage. Disability lawyers frequently handle appeals and are well-versed in the steps involved, such as:

• Requesting Reconsideration: The first level of appeal after a denial.
• Requesting a Hearing Before an Administrative Law Judge (ALJ): If reconsideration is denied, the ALJ hearing is a critical step in your case.
• Further Appeals: If necessary, your lawyer can help appeal to the SSA Appeals Council or even take your case to federal court.

The Complexity of Your Case

The complexity of your case can also determine whether a lawyer will take it. If you have a complicated medical condition or an extensive history of treatments, it may require a more detailed legal strategy. Lawyers are more likely to take cases that require expert handling or where additional medical evidence is needed. For example:

• Multiple Conditions: If your disability involves multiple medical conditions, it may require more evidence to prove that you meet the SSA’s strict criteria for disability.
• Long Medical History: Cases with a long medical history or involving treatments across several doctors or specialists can be more challenging but may require expert legal guidance.
• Work History Issues: If your work history is inconsistent or involves gaps, a lawyer may be needed to help present your case effectively.

You Need Help With the Initial Application

Although many people turn to disability lawyers after being denied benefits, lawyers can also help you with the initial application process. If you are unsure about how to fill out the application correctly or what documents are required, a disability lawyer can guide you. Lawyers are often helpful in ensuring that you provide the most compelling evidence of your disability, which increases your chances of approval.

Some lawyers offer free consultations to evaluate your case before deciding whether they will take it on. If your case is simple and straightforward, they may recommend that you apply on your own, but if they see potential, they will take you on as a client.

Contingency Fee Basis

Disability lawyers typically work on a contingency fee basis, meaning they will not charge you upfront. Instead, they receive a fee only if you win your case. The fee is typically a percentage of your back pay (the lump sum of benefits owed to you once your case is approved). In most cases, this fee is capped at 25% of your back pay or $6,000, whichever is lower.

This makes it more accessible for many people who cannot afford hourly attorney fees. Because of the contingency fee structure, disability lawyers are motivated to take cases they believe have merit and a good chance of winning.

High Volume of Claims

Disability lawyers tend to take cases where the chance of success is high, especially if the applicant meets the SSA’s criteria. However, the process can be time-consuming, and the lawyer’s office may only have the capacity to handle a limited number of cases. If your case doesn’t meet the necessary criteria or if your claim is unlikely to succeed, some lawyers may choose not to take it.

How to Increase Your Chances of a Lawyer Taking Your Case

If you want to increase your chances of having a disability lawyer take your case, consider the following:

• Ensure your medical records are comprehensive and up-to-date.
• Be clear about how your disability affects your ability to work.
• Be prepared to explain any gaps in your work history or medical treatment.
• Seek a free consultation with a disability lawyer to get their professional opinion on your case.