Types of Claims that Orlando Social Security Disability Attorneys Are Likely to Reject
If you plan to file a claim for disability, or you have already received a denial, you may be wondering when it’s time to hire an Orlando Social Security disability lawyer. In most cases, retaining an attorney makes the most sense. However, there are some types of cases that attorneys may be less inclined to take. Here’s a look at some of the reasons or types of cases Social Security disability attorneys may not take.
Ineligible for Benefits
One of the main reasons attorneys won’t take your case is that you are ineligible for SSDI benefits, despite being clearly disabled. This situation happens when you don’t have enough work credits to qualify for SSDI benefits, but you have too many other assets, or your income is too high to be eligible for SSI benefits.
Not Strong Enough Argument for Medical Eligibility
Sometimes your case may have notable weaknesses that make it unlikely that you will win. If you are not seeking treatment consistently or there is no supportive objective medical evidence even from the right diagnostic tests, it can be hard to show you are eligible for disability. Perhaps your medical providers won’t issue supportive statements on your condition either. All of these can make it challenging to meet the eligibility threshold.
Concerns About You as the Applicant
Sometimes applicants say things or do things that can make an attorney question whether this is the right case to take. When someone is dishonest, gives conflicting statements, or there is proof that the person is a malinger, it can be hard to push forward. A malinger is someone who fakes their illness or pretends their alleged impairment is more severe than it really is. Not treating consistently also usually means that the applicant isn’t following the doctor’s orders. While rare, sometimes an applicant is disrespectful or combative towards staff or an attorney.
Substance or Alcohol Abuse
If you have been abusing illegal drugs or alcohol, you need to advise any prospective attorney right away. If you are not seeking treatment for your addiction, it’s even more important to inform the attorney you are meeting with. Some lawyers can help you despite any abuse issues provided you are seeking help. You will also need to obtain medical support, such as a statement from your healthcare provider, that your disability would still exist even if you were clean and sober.
You Are Under 45
It may seem unfair, but applicants under 45 years of age have more difficulty qualifying for benefits. You typically need to prove that you have a severe illness or cannot even handle sedentary work. Younger applicants need all the evidence and medical support you can obtain. You also need to bring this to your prospective attorney meetings to have a better idea of your case and whether there is a chance of getting benefits despite your younger age.
Contact an Orlando Social Security Disability Benefits Attorney
If you are wondering whether you need to retain a lawyer for your disability benefits case, it’s always better to meet with one or more attorneys first to determine whether you have a viable chance. To learn how an Orlando Social Security Disability benefits lawyer can help, contact the Law Offices of Shea A. Fugate, P.A. today to schedule an initial consultation.