It can be incredibly disheartening to feel like you’re not being heard, especially when you’re navigating the complex world of disability benefits. Imagine reaching out for help with your disability claim, putting your trust in a law firm, only to receive a call informing you that they are dropping your case. This is exactly what happened to “Disabled and Determined,” who wrote to Atticus seeking guidance after their disability lawyer dropped their case without explanation. If you’re facing a similar situation, know that you’re not alone and there are steps you can take to move forward.
First of all, it’s important not to lose hope. Being dropped by a disability lawyer, while upsetting, doesn’t necessarily mean your case is weak or unwinnable. It simply means that particular firm wasn’t the right fit for you. Let’s break down what you should do if you find yourself in this frustrating position.
Understanding Why Your Disability Lawyer Dropped Your Case
The first crucial step is to understand why the law firm decided to drop your case. Reach out to them directly and request a clear explanation. While they may not be obligated to provide extensive details, asking for the reason can give you valuable insights.
Perhaps the firm realized they lacked the resources to handle the specifics of your situation. Disability cases can vary significantly in complexity, and a firm might realize after initial review that your case requires a level of expertise or resources they don’t currently possess. Understanding this can help you tailor your search for a new lawyer to firms with the right specialization. It’s also possible that their caseload is simply too high to accommodate new clients at this time, which, while not ideal for you, is a straightforward reason for their decision.
Navigating Contingency Fee Agreements After Being Dropped
Before moving forward, it’s vital to address any paperwork you may have signed with the firm, especially a contingency fee agreement. This agreement likely outlines that the firm is entitled to a percentage of your back benefits if they win your disability case. If you signed such an agreement, contact the firm and request that they waive their fee. Since they are dropping your case before significant work has been done, and the decision to drop the case was theirs, they should ethically waive any claim to your future benefits.
If the original firm refuses to waive the fee, it complicates things but doesn’t make your situation hopeless. A new lawyer can file a “fee petition” to resolve this issue. However, be aware that this adds extra work for your new legal team. It might also mean that the lawyers will have to split the attorney fees, potentially reducing the compensation for your new lawyer. This is why some lawyers might hesitate to take on cases where a previous firm still has a claim to fees. Transparency with potential new lawyers about this situation is key.
Finding the Right Disability Lawyer After Being Dropped
Once you’ve clarified the fee situation, it’s time to focus on finding the right legal representation for your disability claim. Ideally, you want to involve a lawyer as early in the process as possible, even before you initially file your application. Some lawyers might be reluctant to take on your case if too much time has passed or if critical steps have already been mishandled without legal guidance. Therefore, start your search promptly.
When looking for a disability lawyer, consider these essential characteristics:
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Experience: Seek out firms with a proven track record of successfully handling disability cases. Ideally, choose a firm that focuses specifically on disability law. This specialization ensures they are well-versed in the nuances of Social Security Disability law and any recent changes or updates from the Social Security Administration (SSA).
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Accessibility: Ensure you will have direct access to your lawyer, not just support staff. While communication through paralegals or administrative staff is normal for scheduling and routine updates, you should be able to speak directly with your attorney when necessary. Furthermore, assess how you are treated when you do communicate with the lawyer and their staff. A respectful and empathetic approach is crucial, as disability claims processes can be lengthy and emotionally taxing. You need a legal partner who values your concerns.
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Follow-Through: Reliability is paramount. Your lawyer should demonstrate they do what they promise. Missed deadlines or poor follow-up can negatively impact your case. A good legal team will be organized, keep track of deadlines, communicate proactively, and be responsive to your questions in a timely manner. Remember, lawyers are busy professionals and may not be able to provide daily updates, but they should be dependable.
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Responsiveness to Feedback: A strong attorney-client relationship involves open communication and mutual respect. While your lawyer is the expert in legal strategy, you are the expert on your own experience and limitations due to your disability. A good lawyer should be willing to listen to your feedback, consider your perspective, and have honest discussions about case strategy. Disagreements may arise, but a willingness to listen and engage in a dialogue is a sign of a good partnership.
Finding the right disability lawyer can feel like an added burden when you’re already dealing with health issues and financial strain. Social Security disability lawyers are indeed in high demand. However, by understanding why your previous firm dropped your case and knowing what to look for in new representation, you can approach your search with greater clarity and confidence.
Don’t be discouraged by this setback. Use the experience to refine your search and find a legal advocate who is truly the right champion for your disability claim. Persistence and informed action are key to achieving the disability benefits you deserve.
Your Friend, Atticus
P.S. If the thought of starting your lawyer search again feels overwhelming, remember resources are available to help. Organizations like Atticus can provide free legal advice and connect you with trusted disability lawyers in their network. This kind of support can significantly ease the process of finding the right representation without adding financial stress, as these services are often provided free of charge.
