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Social
Security Disability
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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.
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Social Security Disability Benefits
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- 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.
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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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Copyright(c) 2003 Spirakis & Haar PA. All rights reserved. DHaarSC@sc.rr.com
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