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Spirakis and Haar, PA>Areas of Practice>Social Security


 

 

Social Security Disability

 

We represent people who have medical impairments that prevent them from working.  We provide assistance in filing the applications for benefits, development of the evidence in support of the claim, and presenting all evidence to judges at the administrative hearings. We also pursue appeals beyond the Social Security Administration, to the U. S. District Court.

We do not charge for the initial consultation.  Our fee is a contingency fee, which means that we only charge a fee if the claim is approved on the issue of disability.  The fee is usually 25% of past due benefits paid to the claimant and any others entitled to receive on that wage earner's account, or a minimum fee of $750.00 if there is very little or no past due benefits payable.

 

Social Security Disability Benefits

 

  • ARE YOU ELIGIBLE? - If you have a medical condition that prevents you from working, and that medical condition has lasted OR IS EXPECTED TO LAST FOR 12 CONTINUOUS MONTHS, then you might be eligible to receive Social Security disability benefits.  Or, if you have a child under the age of 18 who has a medical condition which affects that child's ability to function as a normal child of the same age, then that child might be eligible to receive SSI benefits.
  •  BENEFITS AVAILABLE- There are several types of disability programs administered by the Social Security Administration.  These include Disability Insurance Benefits (DIB), Supplemental Security Income Benefits (SSI), Disabled Widow's Insurance Benefits, Disabled Adult Child's Benefits, and Supplemental Security Income (SSI) for children.  We would be able to assist you in making applications for all benefits to which you may be entitled. This includes filling out all of the claims papers such as the Disability Report, the Work History form, and the Daily Activity Questionnaire, so that Social Security has all the information necessary to properly develop your claim and to make a full and fair determination.  If you case is denied at the initial level, we are able to help you file the necessary appeals and obtain additional medical and other evidence to submit for further consideration in your case.  Before going to a hearing before an Administrative Law Judge, we are able to advise you on the issues involved in your case, what testimony you will need to provide at the hearing, and tell you a little about the hearing procedure and what happens when you meet with the Judge.  This gives you a chance to know, in advance, what is expected of you, how to properly conduct yourself, and avoids the possibility that you will be so nervous that you "go blank".
  • WHEN YOU SHOULD APPLY - If you delay in making an application, you may not be able to draw benefits.  You do not need to wait to see if your condition lasts 12 months.  Even if you are receiving other types of "disability benefits", you should make your application for Social Security disability benefits if you feel that you are unable to do any work activity.  We are able to advise you if there are deadlines in your situation of which you should be aware and if delays in filing will affect the types of benefits you can draw or the amount of benefits you may receive.
  • MEDICAL BENEFITS - Some people who receive disability benefits from the Social Security Administration are also eligible for some types of medical coverage, such as Medicare and/or Medicaid.  We are able to advise you on what medical coverage might be available to you, and assist you in contacting the proper agency to apply for, and receive, this medical coverage.
  • IMPROVE YOUR CHANCES OF BEING AWARDED BENEFITS - The most important factor in being successful in a claim for disability benefits is to be in continued treatment for your medical conditions.  However, some people are financially unable to afford medical treatment and medications.  We will be able to advise you about clinics where you might receive medical treatment, for either very little or at no cost, in order to obtain information which shows what the medical impairments are, how severe they are, and how the medical impairments affect your ability to do work activity.  We can also provide you with information about programs available to get medications at reduced cost or possibly free for a period of time.
  • WHAT IF YOUR HEALTH IMPROVES?  WILL YOU LOSE BENEFITS?- Sometimes, after a person has been receiving disability benefits, they are notified that their benefits will stop because of medical improvement.  We are able to assist you in properly determining whether there is sufficient evidence in your case to show medical improvement which will cause your benefits to stop.  We will also be able to file timely appeals in order to allow you to continue receiving benefits until a final decision is made in your case.  If you have been receiving disability benefits and you are participating in a plan of rehabilitation with Vocational Rehabilitation, then the Social Security Administration may be prohibited under the law from stopping your benefits.  We are able to advise you on how to continue receiving your benefits until you complete a plan of rehabilitation.
  • EFFECT OF WORK ACTIVITY ON BENEFITS- Sometimes, after becoming disabled and, either before or after receiving benefits, a claimant wants to attempt work activity.  How this may affect the claimant's ability to receive or continue receiving disability benefits will depend upon the circumstances surrounding the nature of the work activity, the duration of the work activity, the earnings received from the work activity, and the type of disability benefits paid to the claimant. We will be able to advise you as to the impact work activity might have on your eligibility for disability benefits.
  • OFFSET OF DISABILITY BENEFITS - Sometimes, you might prove you are disabled, but the benefits paid to you might be reduced if you received other types of disability benefits, such as workers' compensation benefits or personal injury awards.  We are able to give you advice about how receiving these other benefits may affect your social security disability benefits, and provide legal advice as to how to obtain the maximum benefits allowed by law.
  • MOVING AFTER YOU FILE YOUR CLAIM - Sometimes, while applying to receive Social Security Disability benefits and waiting to receive a final decision, you have to move to South or North Carolina from another state while the claim is still pending.  As long as you keep the Social Security Administration properly advised as to your current address, your claim will not lapse and will transfer to a Social Security office nearest your current residence.   You do not need to re-apply or start over on your claim, but keeping Social Security properly advised of your current address is very important.  We can assist you in making sure that Social Security is properly advised of your change in address, so that your file follows you and your claim is continued at the proper level of consideration.
  • DISMISSAL OF YOUR CLAIM - If your claim has been dismissed by an Administrative Law Judge because you did not attend a scheduled hearing, but you have a good reason for missing the hearing date, we can assist you in trying to get your case rescheduled for another hearing.  Attending a hearing allows you an opportunity to talk with the Judge who will be making the decision in your case, and tell that Judge things about your medical condition that no one else is able to tell.  Often, going to the hearing and talking with the Judge can make a big difference as to how your case is decided. 

 

 

Award Notices Telling About Benefits Payable - Once your claim is approved, we will review the award notices to be sure that you are receiving all the benefits to which you are entitled for all the months of disability allowable. 

 

 

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