A personal injury or disability attorney only gets paid if they win. Because of this, the attorney may decline your case if they believe they don’t have a good chance at winning. There are often red flags that show a weakness in the case. Some examples include:
Not having strong medical
Lacking supportive objective medical evidence regardless of correct diagnostic tests
Not having a history of consistent medical treatment
Medical providers refusing to provide supportive statements
The claimant being under the age of 45
Collecting unemployment benefits by the claimant
Other attorneys rejected the case
The claimant being ineligible for SSI or SSDI
Concerns about claimant being untrustworthy
Claimant giving inconsistent statements
Failing to follow doctor’s instructions
Evidence of untreated alcohol or substance abuse
History of being “fired” by another attorney
Claimant having unrealistic expectations about the case
Financial and logistical reasons
Lacking sufficient time to build a strong case for the hearing
Potential for low-paying or non-paying SSI case
Claimant “fired” his or her original disability attorney
Many of these issues can be overcome if you openly and honestly discuss it with your attorney. For example, if you lack consistent medical treatment because you have not had access to health insurance or are ineligible for medical assistance, the attorney may take the case and help you receive further medical testing. Be sure to explain to the attorney if there are any gaps in medical treatment and be open to doing what is necessary to get the treatment your condition requires.
In the case that you have “fired” a previous attorney, be prepared to explain why the relationship ended to your prospective attorney. Also know that the attorney would have to file a special fee petition with Social Security to divide the fee with the former attorney. For more information on when it is or isn’t appropriate to fire an attorney, read our article here.
If an attorney has rejected your case, it’s important to ask the attorney why he or she won’t represent you. This gives you the opportunity to address any issues so that you can strengthen your case. It may also convince the attorney to take your case. If not, you at least know how to have a stronger case for the next attorney you interview
If you have a Kansas disability case, you need an experienced professional who can help you get back on the road to recovery. Call us today at 316-269-1414 or visit our contact page here. Our Kansas personal injury attorneys will provide you a free initial consultation and if we take your case you don’t pay a dime unless we recover money for you. Even then we only take a percentage of the total amount of your recovery.
If you have questions on what you should be looking for when you are making a decision to hire a Kansas personal injury lawyer, read our article located here.
Ray Hodge & Associates proudly represents victims and their families across the state of Kansas, including Wichita, Andover, Derby, Goddard, Haysville, Mulvane, Rose Hill, Newton, El Dorado and Hutchinson. Call today for a free consultation all over the state of Kansas. We have proudly served clients in Sedgwick, Butler, Sumner, Harvey, Kingman and Reno Counties.