Legal issues related to social security, particularly regarding Persons with Disabilities (PwD), involve complex administrative and court disputes with state agencies. Citizens often face problems when the Social Service Agency or medical expertise bureau unjustifiedly refuses to grant status, stops pension payments, or incorrectly calculates social rating points. This service focuses specifically on legal defense mechanisms — appealing administrative acts and protecting the client's interests against the bureaucratic machine. A qualified lawyer ensures that procedural violations do not become grounds for infringing on your legal rights.
What Does the Social Security Legal Service Cover?
Specialists on Legal.ge offer in-depth legal services:
- Appealing Medical-Social Expertise Conclusions: If the medical commission incorrectly assessed your health condition and denied status, the lawyer will prepare a substantiated complaint to the Regulatory Agency or the court.
- Restoration of Suspended Pension: Disputes in cases where the pension was terminated based on incorrect information (e.g., border crossing, employment).
- Court Representation: Filing an administrative lawsuit against the Social Service Agency and representing the client during the trial.
- Compensation for Back Pay: Demanding reimbursement of the amount (arrears) not received during the period of illegal termination.
- Consultation on Legislative Changes: Informing clients about new regulations that affect their social package.
Common Real-World Scenarios
Legal intervention is necessary in the following cases:
- Downgrading of Status: When, upon re-examination, a person's "markedly pronounced" status is changed to "significantly pronounced," which reduces the pension and cancels tax benefits.
- Refusal of Pension due to Bureaucratic Errors: Denial of pension appointment due to inaccuracies in name/surname in documents or failure to find a certificate from the archive.
- Demand for Return of Overpaid Funds: When the agency claims the citizen was not entitled to the received assistance and demands repayment.
- Guardianship Issues: Legal procedures related to the appointment of a guardian for an incapacitated PwD.
Georgian Legislation and Legal Framework
The main tool in dispute resolution is the General Administrative Code of Georgia, which defines the obligation of the administrative body (Agency) to make a decision based on investigated circumstances. If a decision is unsubstantiated, it is void.
Also important are the Law on Medical-Social Expertise and orders of the Minister of Health, which establish criteria for granting status. Court disputes are conducted according to the Administrative Procedure Code of Georgia. The lawyer uses these laws to prove that the state violated administrative proceeding rules.
Step-by-Step Process with a Specialist
A professional lawyer manages the process as follows:
- Requesting Case Materials: Requesting full administrative proceeding materials from the Agency to clarify the reasons for the decision.
- Alternative Expertise: Obtaining an independent medical opinion if necessary.
- Administrative Complaint: Appealing to a higher authority (a mandatory step before court).
- Lawsuit in Court: The final instance where the issue of status and compensation is resolved.
Why Choose a Specialist on Legal.ge?
Disputing with state structures requires specific knowledge. It is difficult for an ordinary citizen to confront a system equipped with a staff of lawyers. Legal.ge specialists have experience in administrative disputes and know how to force the bureaucratic apparatus to act within the law and restore your violated rights.
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