Will a Disability Lawyer decline taking your disability case?

In the previous post, I spoke about an individual (Phil) who managed to eventually win disability benefits after four years of trying. Evidently, from his post, he had tried to get representation, but had been declined (obviously, whoever he spoke to underestimated his case since he later won).

Do disability lawyers (and non attorney representatives) sometimes decline taking cases? Yes, this does happen.

When it comes to disability representatives (lawyers and non lawyers), there are actually two extremes: those who take any and every case, and those who are extreeeeemmmmmely selective and only choose cases that are "guaranteed winners". There are actually arguments to support both approaches.

Representatives who are extremely selective about who they take on are sometimes viewed as weeding out cases that have little merit and might otherwise "clog up" the system. However, attorneys and non attorneys can sometimes be too selective and this can be to the detriment of claimants who would benefit from qualified representation. It can also be to the detriment of representatives who deny themselves the opportunity to win cases that do not fit in the "slam dunk" category.

By contrast, representatives who take every single disability case they can are sometimes derided as "operating mills", taking cases that have questionable merit and which may, from one point of view, contribute to the slow movement of all disability claims that are pending in the system.

However, reps who use this approach, while they may not win 90 percent of their cases, still win about seventy percent of them. And, obviously, this benefits both the representative and the claimant. The "shotgun approach" gives claimants whose cases were declined by others a chance.

The point of this post? If you are interested in seeking representation on a Social Security Disability claim and are refused by one or more representatives, don't give up. Chances are, if you keep looking you'll find a lawyer or non attorney who will gladly take your case and attempt to win it for you.

About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.

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