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Applying For Social Security Disability? Don’t Make One Of These 3 Mistakes

Posted by on Mar 14, 2016 in Uncategorized | Comments Off on Applying For Social Security Disability? Don’t Make One Of These 3 Mistakes

Social security disability is often used by many individuals to get through a difficult time in their life when they are unable to work. There are a number of different disabilities that qualify an individual to receive benefits. However, the application process can be quite confusing and complex. It can leave many individuals without the benefits they deserve. If you are in the middle of applying for social security disability payments, here are three key mistakes you don’t want to make in your case. Exaggerating how bad your disability is. Many people end up exaggerating the extent of their disability because they think it will be better for them in the long run. They figure that if their disability looks worse than it is they will get more money and their claim will be approved quicker. However, that isn’t the case. Lying about your disability will end up coming back on you. It will even end up getting your claim thrown out and making you have to start all over again. The examiners know who is being honest and who isn’t. Be honest about your injuries. It will be better in the end. Not being open about your work history. Another thing that determines whether you are going to receive disability payments or not is your work history. If you were used to working in some type of labor position but aren’t able to any longer because of your disability, that is going to help your case. However, you have to be willing to disclose your work history to the examiner. They need to know what type of work you are used to doing and what type of work you are able to do now. Giving up too quickly. If you end up getting denied the first time around, you shouldn’t give up. This is one of the worst mistakes you can make. You need to keep going and pressing forward. Many cases end up getting denied the first time around. However, appealing is the only way you are going to overcome the situation and walk away a winner. Fight for the benefits you deserve. Your attorney can help walk you through the process and make sure you don’t get shorted on benefits for your disability. By not making one of the mistakes above, you can make sure you end up getting the disability payments you deserve and walk away a winner. Contact an attorney, such as Connor Law, for more...

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Understanding The Difference Between Fault And No-Fault

Posted by on Jan 27, 2016 in Uncategorized | Comments Off on Understanding The Difference Between Fault And No-Fault

If you were in a car accident, then you might be thinking about filing a lawsuit. However, that might not necessarily be your best option, since your situation might not even qualify as valid grounds for a lawsuit. To help you get a better idea of whether an insurance claim or a lawsuit is right for you, here is an introduction to the legal concepts of “fault” and “no-fault”: What does fault mean in the context of an auto accident lawsuit? If you live in a fault state or if your accident happened in a fault state, then you have a wide array of options available to you. You may make a claim with your insurance company or you can make a claim with the other party’s insurance company. If you feel that your insurance won’t give you the amount of money that you want, then you can file a lawsuit against the other party. If it does come down to a lawsuit, then you should be aware of the possibility of a settlement, which could greatly expedite the process. Then what is “no-fault”? In contrast to fault states, no-fault states severely restrict your options. You can’t generally file a lawsuit, so you will need to use insurance to get your compensation. The general idea is that insurance claims are much faster and more effective in no-fault states, getting you the money that you need quickly. The standard of proof is lower, which means that you don’t need to prove that the other party was responsible for your injuries and financial burdens. Instead, your claim will generally be granted and all of your economic damages will be covered, ranging from lost wages to medical bills. What if your insurance won’t cover serious injuries like an amputation? Fortunately, there is one key exception in no-fault states, and that is when your injuries are extremely severe. If you were paralyzed, disfigured, or experienced a drastic change in quality of life as a result of your accident, then you can actually file a lawsuit. Due to the rather subjective nature of this exception, it’s best to talk to a lawyer before you commit to a lawsuit. You’ll want to know whether your specific case fits these criteria and just how much money you stand to gain. In some cases, an insurance claim might be much easier and more reliable, since you can’t be sure that you will win a lawsuit. Contact a law office, such as Kaston & Aberle, for more information....

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Considerations When Preparing For Divorce

Posted by on Jan 27, 2016 in Uncategorized | Comments Off on Considerations When Preparing For Divorce

If you are thinking about divorce, then there are a number of questions that you will need to ask yourself. How will the money be divided up? What about the houses? Who will the children go with? However, there are a number of other questions that you might not have thought about, but are equally important, such as: Do you want a mediated divorce? First of all, you want to think about how you want the divorce to go. While the traditional process involves you and your spouse arguing through lawyers, there is a much more amicable method, which is to get a mediated divorce. In a mediated divorce, you and your spouse will sit down with a mediator, who will help you divide up your assets and create terms of divorce that are agreeable to both of you. This can make the process much smoother by taking aggressive lawyers out of the equation. Without the constant badgering, you might be more willing to make concessions and make the entire process go smoother. As a result, this can mean lower legal costs overall. The biggest drawback is that your rights and interests might not be as protected as you might like. Without a lawyer that is acting purely in your interests, you might not know which concessions you should make and which you should not. This can ultimately result in you losing a lot of assets and property that you otherwise could have kept. Do you have all the documents that you need? When it comes to divorce, there are a huge number of documents that can help you out. You’ll want to make sure that you have proof of all loans taken out by you and your spouse, along with lines of credit that you are both associated with. Before coming to the divorce table, it’s a good idea to separate your financials as much as possible, to increase the amount that you will walk away with. If you can clearly define what is yours and what is hers/his, then you will find it easier to prove your case in court. Have you modified your will? You want to make sure that you change your will to reflect your divorce. You might only need to make a few changes or you might need to rewrite the whole thing, but you definitely don’t want to forget about it. You probably don’t want to leave everything to your ex-spouse, so you might want to change your will to leave your children and possibly charities as your sole beneficiaries. Contact a lawyer, such as Thomas & Associates, PC, for more information....

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Been Bitten By A Dog? Take Down This Critical Information In The Aftermath

Posted by on Jan 9, 2016 in Uncategorized | Comments Off on Been Bitten By A Dog? Take Down This Critical Information In The Aftermath

Being attacked by a dog can be one of the scariest things that you’ll ever go through. All you might find yourself thinking about is fear and getting medical attention. Although it is critical to get medical attention as soon as possible so that you can fight against things like rabies or an infection, it is still a good idea to take down a little bit of critical information in the aftermath. Then, if you hire a personal injury lawyer or take other steps after the fact, you’ll have the information that you need to build a case. Exact Location of Attack First of all, you’ll need to jot down the location of the attack. This can help identify the dog and its owner and can provide crucial information about what happened before the attack. If possible, write down the address where the attack took place. Also, try to remember where on the property the accident happened. If you aren’t able to produce an address, use nearby street signs and landmarks to jot down a general idea of where you were bitten. Description of the Dog It is important to be able to describe the appearance of the dog — this can help you build your case and can also help animal control workers handle the situation, such as by restraining the dog and ensuring that it has its vaccinations. Jot down things like the size, breed, color, gender and any markings that might help identify the dog. If you have your smartphone on hand, you can always snap a picture. Just make sure that you are safely away from the dog before doing so, such as being safe and secure in a vehicle. Witness Information Did anyone else witness the attack? If so, get their information, such as their name and telephone number. This information can be used if your lawyer needs to get more information or if animal control is trying to determine who owns the dog. Also, look around for any surveillance cameras that might have caught footage of the attack — this footage can come in handy if it is able to be acquired, which is something that your lawyer can help you with. Handling the aftermath of a dog attack can be challenging. However, if you take down the right information after the attack happens, it can help you case. Plus, it can help with the safety of others because it can help the proper authorities handle the situation in the best way possible. Talk to a personal injury lawyer like Otorowski Johnston Morrow & Golden P.L.L.C. for more...

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Drug Recalls And Your Medical Provider: What If You Don’t Find Out About A Defective Medication?

Posted by on Dec 21, 2015 in Uncategorized | Comments Off on Drug Recalls And Your Medical Provider: What If You Don’t Find Out About A Defective Medication?

Your doctor has been treating you for a specific health issue for some time, and as part of that treatment, you’ve been taking medication.  But after you’ve been taking the medication for some time — perhaps months or even years — you learn that the drug was recalled by the U.S. Food and Drug Administration (FDA). Have you been harmed, and what should you do now? Reasons for Recalling a Drug The FDA can recall a drug for many reasons, including that it has not been properly approved, it is contaminated during or after manufacture, or new research has shown that the drug’s safety may be in question. A recall can also be initiated by either the drug’s manufacturer if they believe that there may be some danger associated with taking the medication. There are different types of recalls depending on the severity of the problem with the product, including: Class I recall. Using the drug could cause you serious harm or even death. Class II recall. Using the drug could cause serious health problems, but most effects will be temporary. Class III recall. Using the drug probably won’t cause any issues, but there may be a risk. Market withdrawal. These are usually initiated by the manufacturer because of some problem with, for example, the packaging or the method of delivery, and not with the actual medication. You are more likely to be concerned with Class I or II recalls because of the chances of a severe or moderate health risk. Who Has the Responsibility to Notify You? The biggest problem with drug recalls is that there is no foolproof way to notify individual patients about a drug recall. If your medication has been recalled, there are a few ways that you might be notified.  The first is through the FDA directly. Since July 2011, the FDA has run a program that will notify users about a recall or potential issue. However, the FDA doesn’t keep track of your specific information; instead, they contact the customers that purchased the drug for resale, like pharmacies. Manufacturers of a defective drug have the legal responsibility for notifying patients, but the FDA does not require them to do so.  Your doctor’s office may keep track of recalls so that patients can be informed.  Your pharmacist should be a source of information on recalled drugs. Many patients find out about recalls through the news media, although for less-common drugs, these aren’t well publicized. What if You Were Harmed by a Drug? If you have been taking a drug safely and you begin to have reactions or side effects for any reason, contact your medical professional immediately. You and your doctor can work together to find out if there is a recall and/or report the problem to the FDA for them to look into. The FDA also has a form on its website at fda.gov where you can report problems with drugs or medical devices. The most important thing you can do is take care of your health and do what your doctor advises based on your symptoms. Do note that the FDA and your personal physician are unlikely to carry any responsibility for a drug that has caused injury to you. If you suffered some harm because of a contaminated or unsafe medication, the...

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3 Things That You Will Be Included In Your Estate Plan

Posted by on Dec 4, 2015 in Uncategorized | Comments Off on 3 Things That You Will Be Included In Your Estate Plan

Getting an estate plan is incredibly important. Many people put off getting their estate plan done because they aren’t sure what is included in the plan. Here are some of the things to expect when you meet with a lawyer to organize your estate plan. 1. Appoint A Guardian Over Minor Children One of the most important parts of your estate plan will be to appoint a guardian for your minor children. This is one reason why you shouldn’t put off getting an estate plan, even if you are younger. An estate plan is for anyone who has children or who has property. Thus, the moment you become parents, you should get an estate plan going. If you don’t appoint a guardian and you and your spouse pass away, the state will determine who will care for your children. Don’t leave this important decision up to a judge. Prepare a head of time and ensure that your children are well taken care of if something were to happen to you. 2. Creation Of Trusts Trusts have made a great contribution to estate plans. Previously all the money, assets and property had to be put in the will. A will goes on a public record and must go through probate. This is undesirable for most people, so instead they put everything into a trust. You can control a trust by putting special provisions in it, such as conditions that must be met before family can get their money. This will help to protect your estate and ensure that the money is used and allocated the way you wanted. 3. Powers of Attorney Another vital part of an estate plan is your powers of attorney. If something were to happen to your, who would make your medical, legal, and financial decisions? With a medical and legal power of attorney you will appoint someone to have that power for you so that you can have your wishes honored. For example, if you were in a car accident and were unable to communicate your wishes because you were in a coma, your power of attorney would make those decisions for you. If you don’t appoint someone in your estate plan, a judge will appoint someone for you. This person may not share your beliefs on healthcare and may not honor your wishes; this is why it is infinitely better to get it done early on. These are 3 important parts of your estate plan, which is why you should have one drawn up if you haven’t gotten one yet. For more information, contact firms like Acton & Snyder,...

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Staying In Touch With Your Kids When You Do Not Have Visitation

Posted by on Nov 18, 2015 in Uncategorized | Comments Off on Staying In Touch With Your Kids When You Do Not Have Visitation

Divorce is hard on anyone, but kids are often affected the most. Because they are not aware of the entire situation and have no idea what to expect, this can be a very confusing time for them. Your time will not be split up between two places like it will be for the kids. Visitation is great in that it allows the kids to spend time with both parents, but it can also be very confusing going back and forth. About 50% of kids in North America experience a divorce between their parents. The transition of going back and forth between parents can be very difficult on both you and the kids. Here are some ways to stay in touch with the kids when they are visiting their other parent.  Set a Specific Phone Time Children of divorced parents are more likely to experience symptoms of psychological distress. When they have had a rough day at school and you don’t get to see them, it can definitely make you feel isolated from them. A daily phone call set for a specific time can help reassure them of a normal routine even when everything around them is chaotic. If they know that you plan to call them everyday at the same time, it can make it easier for everyone to plan around it.  Be There for Bedtime Even when your kids are staying with their other parent for the night, there is still a way to be a part of their nighttime routine. If your kids are smaller and enjoy reading books before bed, you can record yourself reading the books. This provides you the opportunity to continue to read to them and they will get to hear your voice every night before bed.  Hide a Note in Their Stuff You can’t possibly know what your child is going through at every moment when they are away, but you can still let them know you are thinking about them. Calling them several times a day is not always feasible and it can aggravate the other parent. Instead, slip a note into their stuff so they know you are thinking about them.  Stay Involved in Their Interests If your child has a favorite television show, then it is important that you show some interest in it. Make a point to watch the show even when your child is not with you. This way, when you do get a chance to talk to them, you will have something to talk about what they are interested in.  However, if you you’re looking to change your visitation rights or alter the schedule, consider contacting a family law attorney, such as McKissick & McKissick, and your previous spouse to discuss the...

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Don’t Represent Yourself In A Divorce – Here Are Some Very Good Reasons To Hire A Divorce Lawyer

Posted by on Oct 30, 2015 in Uncategorized | Comments Off on Don’t Represent Yourself In A Divorce – Here Are Some Very Good Reasons To Hire A Divorce Lawyer

It might seem like the sensible way to handle your divorce proceedings. You think that by representing yourself in court, you can save money, and perhaps the whole process will go easier than if you have legal representation. This is rarely the case. Here are some very good reasons you should hire a divorce lawyer instead of representing yourself. Unfamiliarity With the Law One of the biggest mistakes in representing yourself in court is that you most likely don’t know enough about family law to get a fair settlement. Judges will not show you special treatment and will uphold you to the same standards and knowledge a divorce lawyer has. A lawyer knows exactly what documents to show, what to say to prove your side of the argument and knows how to protect your rights and those of any children you may have. They Are Objective A divorce is a truly emotional time, and unless you and your spouse are in agreement about most things, there are going to be some very hard feelings. When you are feeling sad and betrayed or even angry, it is impossible to feel objective and even fair toward your spouse. A lawyer may work for you, but they are able to keep an emotional distance from the case in order to ensure that wise decisions are made during the process. They may also have recommendations for other professionals such as counselors or financial advisers if the need arises. You Don’t Know All Possible Legal Options Every case is different and a family lawyer can assess your case and advise you accordingly, even to the point of informing you of the likely outcome of your case. They are able to offer you a wide range of options that you wouldn’t know are available. They can also go over any proposal your spouse comes up with and tell you if it’s a reasonable offer or if you should counter with an offer of your own. Paperwork Can Be Overwhelming There is more to a divorce than just attending court dates; there is a lot of paperwork involved too. Sometimes it might feel that the entire process is mired in endless streams of paperwork. It is very important to know which forms relate to you and when to submit them and which information a judge needs from you to make a fair settlement for both parties. If you don’t fill out the right forms and fail to provide all the documentation the judge needs, the case could very easily not go your way. It makes the process easier and faster to let a divorce lawyer handle the paperwork for you. Visit the law office of Kristine A. Michael, P.C. today to find a divorce lawyer for your...

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What If Your Employer Is Discriminating Against You Because Of Religion?

Posted by on Oct 14, 2015 in Uncategorized | Comments Off on What If Your Employer Is Discriminating Against You Because Of Religion?

By law, religious discrimination by an employer is prohibited. Unfortunately, this does not stop it from occurring. If you feel that your employer is discriminating against you based on your religious beliefs, here is what you need to know.  Is It Religious Discrimination? Even though an employer’s actions might seem discriminatory, it is possible that they are not. It is important that you are able to discern whether or not your employer is actually discriminating against you.  Religious discrimination occurs when your employer treats you differently because of your beliefs. For example, if your employer refuses to and has never promoted a Muslim or Jewish employee although there have been many who were qualified, this could potentially be discrimination.  If your employer refuses to accommodate your beliefs, this is also considered discriminatory. For example, if you need every Saturday off for religious reasons and you are denied although other employees are routinely granted flexible schedules for other non-religious plans, you could possibly have a case.  What Should You Do? If you suspect that you are being discriminated against based on religion, your first step should be to file a formal complaint with your company’s human resources department. By filing a complaint, you are giving your employer an opportunity to address the situation. You are also helping to create a paper trail that could be used in the event that you need to take legal action.  If the discrimination continues or you are dissatisfied with the response from human resources, you need to file a complaint with the Equal Employment Opportunity Commission, or EEOC. The agency is tasked with investigating claims of discrimination and taking legal action, if necessary. The EEOC will investigate your case and make a determination. If the EEOC agrees that discrimination did occur, it will try to settle the situation between you and your employer.  You have the right to file a lawsuit against your employer if the EEOC does not believe that discrimination occurred. In this instance, the EEOC would provide you with a letter giving you the right to sue. The letter is notice to the court that you did file a complaint with the EEOC as required by the government and that you are free to file a lawsuit.  At every stage of the road to holding your employer responsible for discriminatory practices, you can face challenges. To help ensure that you are on the right path and have taken the right steps, work with an employment lawyer that is experienced in this type of...

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About Getting Out Of A Debt Crisis With The Help Of A Lawyer

Posted by on Sep 29, 2015 in Uncategorized | Comments Off on About Getting Out Of A Debt Crisis With The Help Of A Lawyer

Did you get yourself into a deep financial bind by neglecting to pay bills on time? If you’re ready to stop debt collection agencies from calling your house, it may be time for you to consider hiring a lawyer to discuss filing for Chapter 7 bankruptcy. Find out below how a lawyer can help you decide if filing for bankruptcy is a good idea, as well as what he or she will charge. What Kind of Help Can a Lawyer Offer When in Debt? The first thing that a lawyer will do is assess the total amount of debts that you owe in comparison to your income. Your income will be assessed via a means test that determines if your income is below the median for your state. Your income can be no more than equal to the median income in order for you to automatically qualify for Chapter 7 bankruptcy. Your lawyer will have to get the approval of a bankruptcy judge before a trustee is appointed to handle your case. If you make too much money to pass the means test, your lawyer will do another assessment that may make you eligible for Chapter 7 bankruptcy. Basically, the test will assess how much disposal income is left after your bills are paid each month. If you are unable to make satisfactory payments to creditors although you are over the median income, the lawyer may be able to get your bankruptcy case approved. Another thing that your lawyer can do is refer you to a debt consolidation agency. If he or she feels as though you can pay back your debts with a little organization, debt consolidation may be suggested instead of bankruptcy. Sometimes lawyers recommend debt consolidation because it can help you avoid lowering your credit rating by filing for bankruptcy. Debt consolidation allows all of your debts to be combined into a single monthly payment that you can cope with. How Much Does a Bankruptcy Lawyer Charge? A bankruptcy lawyer is estimated to charge an hourly rate at a minimum of $100, but it can go over $300 for a complicated case. The total for your legal fees should is estimated at $600 or more if you have a simple Chapter 7 bankruptcy case. However, there may also be a $299 fee charged for your lawyer to file your case with the court. Talk to a bankruptcy lawyer such as Attorney Joseph Aguglia as soon as possible so you can get your debt situation under...

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