Areas of Practice

Social Security Disability
The Social Security Administration pays disability benefits under two programs: the Social Security Disability Insurance (SSDI) program and the Supplemental Security Income (SSI) program. The medical requirements are the same for both programs, and whether a person's disability meets the requirements is determined by the same process. Eligibility for Social Security disability is based on prior work for which Social Security taxes were paid, whereas eligibility for SSI disability payments are made on the basis of financial need. Children as well as adults may be able to collect disability benefits.

Disability as defined by Social Security is based on your inability to do any substantial gainful activity for which you are suited by age, education, and experience. Also, your disability must be expected to last for at least a year or result in death. Unfortunately, it often is difficult to meet Social Security's definition of disability even when you are truly disabled. However, it is possible to appeal the decision. This is called asking for Reconsideration. If you are turned down again, you can request a Hearing before an Administrative Law Judge to plead your case. At Affleck & Gordon, P.C., we have successfully represented thousands of claimants who got their benefits -- after previously being denied over and over again.

You can feel comfortable calling us for help with your disability claim because we work on contingency -- we get an attorney's fee only if we win your case and you collect back-due benefits. In fact, the original of your contract with us must be submitted to the Social Security Administration, which monitors these fee payments.*

* This refers only to the attorney's fees and not to charges for medical records or other expenses incurred.

Workers' Compensation
Workers' compensation is an accident insurance program paid for by your employer which may provide you with medical, rehabilitation, or income benefits if you are injured on the job. It also provides benefits to your dependents if you die as the result of a job-related injury. In Georgia, employers obtain workers' compensation coverage through private insurers or programs of self-insurance.

Georgia law requires any business with three or more workers, including regular part-time workers, to have workers' compensation. However, several categories of workers are specifically exempted from the Workers' Compensation law: federal government employees, railroad employees, farmers and farm hands, domestic servants, business partners, some corporate officers, and independent contractors.

Pursuing a workers' compensation claim can be frustrating and complicated. It requires negotiating for adequate medical care as well as for payment of ongoing benefits and, when necessary, a settlement that adequately compensates you for long-term loss of income and physical and mental functional ability. At Affleck & Gordon, P.C., we have years of experience in looking out for the interests of clients and making sure they get all the benefits they are entitled to.

Veteran's Disability
The Veterans Administration Disability Compensation Program provides monthly benefits if you are disabled because of an injury or disease incurred in, or aggravated during, your military service. It also provides benefits for certain conditions which may develop after your release from active duty. Benefits are authorized based upon the severity of your claimed disability. If your service-connected disabilities are evaluated as 30 percent or more, you are entitled to additional allowances for your dependents.

Eligibility for total disability is based on if an individual is employable. Generally, veterans who are unable to secure and follow a substantially gainful occupation as a result of service-connected disability shall be rated totally disabled. The VA Manual defines "substantially gainful employment'' as employment which is ordinarily followed by the non-disabled to earn their livelihood with earnings common to the particular occupation in the community where the veteran resides.

Affleck & Gordon, P.C. represents veterans trying to get service-connected disability benefits who have received a denial issued by the Board of Veteran's Appeals (in Washington, D.C.) If you have received such a denial, it is important that you contact our office as soon as possible after receiving the denial notice to ensure an appeal can be filed before required deadlines expire.

Personal Injury
Affleck & Gordon, P.C. provides personal service to its clients, the vast majority of whom are referred by fellow members of the bar, by doctors, or by former clients who are familiar with our reputation as personal injury, workers' compensation and disability attorneys. Our years of experience helping the injured and disabled, and our reputation for integrity amongst insurance professionals help us negotiate settlements that substantially compensate our clients for their pain and suffering.

Long-term Disability
LTD benefits are designed to replace a reasonable portion of monthly earnings for an employee who becomes disabled for an extended period of time. Workers who are fortunate enough to have long-term disability insurance through their employers are often shocked to be turned down for benefits once they become disabled and unable to work. Usually, the insurance company the employer has used to provide benefits contends the employee does not meet the disability criteria of the policy even though the employee's doctors consider the patient disabled and have provided medical records to the insurance company. Often it is possible to prove that the employee does, in fact, meet the policy's criteria.

With its considerable experience in disability matters, Affleck & Gordon, P.C. has been particularly successful in winning long-term disability benefits for clients. If you think we may be able to help you, it is important to contact us quickly after receiving a letter of denial of benefits so that an appeal can be made before the deadlines for your particular policy expire.

Railroad Retirement Disability
There are two types of disability annuities under the Railroad Retirement Act:

Affleck & Gordon, P.C. has been representing railroad workers applying for Total and Permanent disability benefits for over 15 years. To receive this type of disability annuity, you must have stopped all work, have 120 months of creditable railroad service, and be permanently disabled for any kind of regular work. If you have been denied for benefits, it is important that you contact us right away after receiving the notice so that it is possible to file an appeal within the applicable deadlines.

Nursing Home Negligence
In cases of nursing home negligence, the goal is to prove a deviation from the acceptable standard of care, as well as establish causation and damages.

Common problems of nursing home negligence include:

Affleck & Gordon, P.C. helps residents of nursing homes and/or their family members achieve legal remedies against those who engage in neglect and abuse.