Sunday, November 19, 2017

Family Law Advice: Handling Custody Arrangements


When couples decide to divorce, it not only affects the relationship between husband and wife, but it also greatly affects the children. This is a very difficult time for a family, so it is important that custody arrangements are made as smoothly as possible. The agreements will vary among individual families, but they don't have to be difficult. It is ideal to work closely with a family law attorney to ensure the agreement is as fair and straightforward as possible.

Different Forms of Custody

One of the first details to think about is the type of custody each parent will have. There are generally three types: sole, joint, and split. Sole custody gives one parent both legal and physical custody of the  children. Joint provides each parent equal time with the children with the option of sharing legal custody. Split occurs when there is more than one child and each parent takes care of the children, but not all of them at once.

Visitation Arrangements

When working with the family law attorney, a clear visitation schedule should be fully established for the non-custodial parent. It is best for parents to work these situations out themselves based on their own demands and circumstances. If a parent moves to a different state, he or she will have to have a specified visitation, since weekly visits will not be possible. Instead, an extended visit in the summer would make up for that. Holidays are another subject that needs special attention. Ideally, each parent would either rotate holidays or divide them equally.

Shared Costs

Another component of child custody is the major costs associated with the children and who will pay them. These expenses include items like health insurance coverage, dependents on tax returns, or school tuition. Keep in mind that these costs are not factored into child support payments. Both parties in the divorce should agree on these shared expenses and have the family law attorney place the finalized decision in the divorce agreement.

Power Over Major Decisions

In many instances, major life decisions will need to be made for the kids. While some decisions are not very significant and will not require the input of two parents, others will be more substantial. It needs to be clearly laid out in the divorce decree who is going to make these arrangements and whether or not the other parent will have any say. These decisions may include healthcare issues, school issues, religion, and how to discipline. It is best that both the mother and father work together for a consistent upbringing.

Keep in mind that custody agreements are not set in stone. There may be times when the arrangement  needs to be altered, so always remember to consult your family law attorney if changes need to be made. These decisions are often made during a stressful time, and it is possible to forget about some details that need to be added. In addition, life events can happen that may require major changes, such as moving to another state. The best thing to remember is to be open for the betterment of the kids.


Thursday, November 16, 2017

What Kind Of Lawyer Do I Need



Litigation injury attorneys are skilled in handling a wide variety of cases when you've been wronged or need to protect your rights. There are many, many laws that may apply to your situation, both on the state and federal level -- and a litigation attorney can explain them to you. So, if you're not sure what kind of lawyer you need, its ok! Most times, a general litigation attorney can help you with your legal problem. To learn more, call an attorney in your area today.

Monday, November 13, 2017

Who Pays For Visitation? And Other Questions A Family Law Attorney Can Answer


Legal proceedings for a divorce can be an arduous and highly emotional experience, and adding children into the mix can make this time nearly unbearable. To alleviate some of the stress, it is imperative to hire a family law attorney. They are experienced and equipped to answer the hard and fast truths about divorce and custody. Here are a few of the tough questions an attorney can handle.

Can I Modify a Court Order or Judgment?

Under certain circumstances, a judgment can be changed. Custody arrangements can be altered if the child's needs change or if one of the parents has to relocate. If there is a difference in income or employment status, the court can address a previous order as well. As soon as there is an indication that a court order needs to be modified, contact a lawyer.

Will I Have to Pay My Spouse's Attorney Fees?

Whether or not one spouse would have to pay for the other's family law attorney fees varies from state to state. In some cases, if one qualifies as a dependent spouse, he or she would be entitled to lawyer fees. The status of "dependent spouse" is determined by several factors-mainly how much disposable income the person has, and whether he or she depends substantially on the other person for financial support. The traditional example of a dependent spouse is a stay at home parent. However, working parents can also qualify.

Who Pays the Travel Expenses for Visitation?

When parents live in different states, the cost of travel can become a huge expense. Judgments will differ by state, but in most cases, the non-custodial parent will pay for the child to go for court-ordered visitation. In some instances, if the custodial parent has made the decision to move out of state, the judge may order the custodial parent to handle the travel expenses. It is also possible that the court will ask both the parents to create a trip trust fund to ensure that when visitation is needed, there are resources available.

If I Lose My Job, Do I Have to Continue to Pay Support?

If a party's financial circumstances have changed in any way, they are still required to pay the agreed upon amount of support. However, it is encouraged that the affected party notify the court as soon as possible and pursue a modification to the court order. Financial hardship is a valid reason to ask for an adjustment to items like the amount of payment or payment schedule. It should be noted that until the court approves the modifications, all persons should continue to send support in compliance with the original order.

Going through a divorce or custody battle is not only emotionally taxing but also very complex. Laws differ from state to state, and they can also change. It is important to hire someone who is knowledgeable of the most current legal proceedings in the jurisdiction of the case. A family law attorney can help to navigate the proceedings and make way for a clearer and more effective experience.


Article Source: http://EzineArticles.com/9520220

Friday, November 10, 2017

Top Five Reasons Why You Need to Hire A Family Law Attorney Now


It can be difficult to understand the reasons why people end their marriages, and with a divorce rate in the U.S. of around 50%, it's impossible to pretend every wedding ends with "happily ever after." If you or your spouse has already initiated separation proceedings, here are five reasons why you need to hire a family law attorney now.

1. You Need an Objective Party

Personal relationships usually involve a plethora of subjective emotions and intimate details that are of the utmost importance to you and your spouse. If your union is troubled and coming to an end, you need someone who is an outsider in your divorce proceedings and can act as an objective party throughout the process. It is almost guaranteed that you will face complicated issues and emotions; lawyers are specifically trained to handle such cases in a fair and objective manner. This allows you to take a step back and avoid hasty decisions based on fleeting emotions. For instance, you might think it would be easiest to go for the quickest resolution when it comes to dividing property, but an experienced family law attorney can evaluate the circumstances and tell you if you should wait for a more equitable division.

2. You Need Help with Paperwork and Red Tape

Court proceedings almost always involve substantial amounts of paperwork and red tape. A qualified family law attorney will handle the complexities of the paperwork and make sure you keep moving forward toward a resolution.

3. You Have Dependent Children

If you have dependent children, custody issues are often the most challenging part of any marital dissolution. The most important goal is for the parties to agree on the arrangement that best serves the interests of the children. When issues are particularly complex, and the spouses cannot reach a mutual agreement, it is imperative to hire a veteran family law attorney who has dealt with these types of situations.

4. You Are Hoping for an Early Settlement

A lawyer with substantial experience in family matters can help you reach the most favorable settlement agreement as quickly as possible, and as early in the process as possible.

5. You Need Advice on Legal Options

Even if you simply just need advice on your legal options, having a qualified family law attorney can make a huge impact on the outcome. The issues that must be resolved in a marital dissolution include child custody, child support, property division, and spousal support. Many times during the negotiation process, parties use these issues against each other in the hope of achieving a better outcome. If you have a seasoned advisor, from the beginning you will get the right advice on what course of action you should pursue and what steps should be taken to ensure your goals are met.

If a resolution cannot be agreed upon and a trial is required, the right lawyer can aggressively represent your interests in court and work toward getting the most equitable jury verdict on your behalf.


Tuesday, November 7, 2017

What Happens When Your Social Security Disability Claim Is Denied?



In some cases, a patient might be denied their Social Security disability claim. While they might have the proper documentation and the proper paperwork turned in, some claims are denied for a variety of  reasons. One you can see what the possible problems in the claim might be, you can actively pursue a resubmission of your claim in order to get the disability benefits you deserve. When you can't seem to get the disability you believe are owed to you, you can then work with a lawyer in order to help you fight the denial of benefits.

Check Your Paperwork First

While you don't want to think you were denied your Social Security disability benefits because of an error on your part, it does happen. Once you are denied your claim, the first thing you should do is review the documents that you sent to the claims office. Check to make sure that your Social Security number is correct and that you filled out the forms completely. In many cases, you may have simply missed a few pieces of information and they just need to be filled in. Review your paperwork several times in order to ensure that you have documented all that you need to document, and that you are doing all that you can to support your claim.

Ask for an Explanation

If you've looked over your paperwork, but you truly can't find anything wrong with it, then it's time to ask for an explanation. Try to call or to email the Social Security disability office to see what they have to say about your claim. They should be able to tell you what isn't right on your form, though they will not necessarily try to contact you. Instead, you need to reach out when you can't seem to find the error that was on your part. Try to get the most specific instructions you can so that you can correct any mistakes on your own.

Call an Attorney for Advice and Help

If your claim continues to be denied and you feel that you are qualified for Social Security disability benefits, it's a good idea to talk to an attorney who is experienced with handling these sorts of cases. They will work with you to build a case that can then be brought to court in order to be heard. A professional Social Security disability attorney will help you get the disability benefits you are owed, and the peace of mind that you have been missing as a result.

While some Social Security disability claims are denied for good reasons, if you feel that you were denied your claim without a reason, it's time to take action. With a focus on filling out the paperwork correctly, asking for advice, and then calling an attorney, you will make sure that you have done all that you can to get your disability benefits started or restarted if they've been suddenly stopped.


Saturday, November 4, 2017

Three Family Law Cases Where A Child Custody Attorney Is Necessary


There are some family law cases that may affect a child's legal rights. Most parents are eager to know if they will live with their child or if they will have a role in the raising them. Although the cost is a factor in such cases, enlisting the help of a child custody attorney will help protect the rights of all parties involved. Here are cases in which legal help is recommended to come to a mutual consensus.

1. Divorce Cases

In divorce cases, parents wonder how the visitation and support issues will get resolved. Some important points that come up include financial support, property division, and visitation. These factors determine the right approach to resolving the legal issues. In this situation, a lawyer helps the divorcing couple to reach an agreement that will benefit their kids. The couple may opt for an informal settlement negotiation or mediation with the help of a lawyer. If this fails to work, they may want to bring the case to a court of law where a judge can evaluate the case.

2. Unmarried Parents Cases

There are also cases where the parents are unmarried. In most states, the legal rights are usually awarded to the mother. However, the father can take a legal action to get some form of visitation and guardianship rights as well. The legal approach for divorce cases still applies to unmarried parents cases. The parents can decide to talk to a child custody attorney and reach an agreement. If the mother is reluctant, then the father is free to proceed to take the case to court. Unlike divorce cases, the resolution for unmarried parents is uncomplicated as there are no factors such as property division and spousal support.

3. Non-Parental Cases

Also known as third-party custody, non-parental cases are types of cases where other people aside from the biological parents may want to obtain the guardianship rights. Such people may include close family friends, uncles, aunts, and grandparents. The state usually provides the correct approach that these people can use to claim custody. A person can seek the help of a lawyer when filling the non-parental petition with a family court. The petition should address three important questions: the person's relation to the child, the state of the biological parents (living or dead) and the reason for claiming guardianship. If the parents are living, they must be issued with a copy of the petition.

Custodial cases can be complicated if the parents are unwilling to reach a mutual resolution. For this case, a child custody attorney will help address all the concerns regarding support and visitation. If either parent or both decides to take the matters before a family court, a lawyer will assist the parent in the legal process and the options they have after a court's verdict. Additionally, getting legal help in such cases helps to ensure that the children will always have the support they need.


Article Source: http://EzineArticles.com/9527085

Wednesday, November 1, 2017

20 Facts About Divorce Statistics



Facts About Divorce - 20 Facts About Divorce Statistics :
Fact #1. There are 100 divorces every hour in the U.S.
Fact #2. A third of all divorce filings of 2011 in the U.S. contained the word "Facebook."
Fact #3. The world's most expensive divorce was estimated at US$2.5 billion.
Fact #4. A 99-year-old man divorced his 96-year-old wife after 77 years of marriage because he discovered an affair she had in the 1940s.
Fact #5. No U.S. president has been elected after being divorced except for Ronald Reagan.
Fact #6.The Youngest Girl to ever be divorced was 10 years old.
Fact #7. The average divorcee takes almost 18 months to get over the split.
Fact #8. Couples who live together before engagement have a higher divorce rates than those who wait.
Fact #9. First marriages that end in a divorce usually last approximately 8 years.
Fact #10. Einstein's Nobel Prize money went to his ex-wife as a divorce settlement.
Fact #11. Divorce is illegal in the Philippines.
Fact #12. 75% of people who marry partners from an affair eventually divorce.
Fact #13. People who endure more than 45-minute commute are 40% more likely to divorce.
Fact #14. Phil Collins divorced his second wife by fax.
Fact #15. In 2007, A Bosnian couple divorced after discovering both had an online affair with each other under fake names.
Fact #16. Whatsapp is cited in nearly half of all Italian divorce proceedings.
Fact #17. Couples who spend more money on their wedding have a higher divorce rates, a study found.
Fact #18. Arguing about money is the top predictor of divorce, a study found.
Fact #19. Mail-order marriages are less likely to end in divorce than marriages overall in the U.S., a study found.
Fact #20. In Islam, a man may divorce his wife three times, taking her back up after the first two times.

Thursday, October 26, 2017

Characteristics Your Divorce Attorney Should Possess


Divorce can be a long, tedious process and unless you are in mutual agreement with your spouse, you will need the assistance of a divorce attorney. He or she uses family laws to guide you through the process and works hard to ensure that the decisions made in the divorce case are in your favor as much as possible. This makes it very important to select a divorce attorney that you can trust to handle your case with all professionalism. Several characteristics make a good and reliable divorce attorney and they are what you should look for when making your selection.
1. Qualification
It's only by getting relevant training that he will be familiar with divorce and family laws to be able to help your case best way possible. Apart from being trained and qualified he should have a license to practice too. Still under qualification, it is important for him to be a member of relevant law societies and at least have references from senior lawyers, judges, testimonials from previous clients and an impressive practice history.
2. Experience
Academic qualification is not enough. A good divorce attorney should at least have some experience in handling legal cases of all types to be confident enough to handle yours and meet your expectations. One who has handled child custody, property distribution, and alimony as well as divorce cases successfully in the past is better placed to handle your case smoothly. The wider and longer the experience the easier the divorce cases tend to be for them.
3. Communication skills
A divorce attorney can be qualified and experienced, but without proper communication skills, then it will be very hard to settle anything successfully. A reliable one is able to clearly communicate needs, expectations and concerns of the client to the presiding judge and other parties involved in the process. Skillful communication can make a huge difference in a case and can lead to quick settlements of issues that are related to the case easing the process for you.
4. Composure
This is another very important characteristic that your divorce attorney should have to fetch you the results that you expect from your divorce case. Divorce cases can plunge into extreme crisis, but that should not in any way scare the lawyer. A divorce attorney who knows how to maintain composure and calm even in the heated situations will always manage to negotiate or argue the case even if he loses in the end. They should remain professional, regardless of the turn the case takes.
5. Case building skills
The way your divorce attorney builds the divorce case largely determines the results that you are likely to get. Mediation and negotiations are some of the methods he can use to settle asset allocation, but there should be back-plans ready and waiting in case the first approach doesn't work. This is the only way to keep nasty surprises at bay and manage the case appropriately to the end.
Article Source: http://EzineArticles.com/9500002

Monday, October 23, 2017

The Consequences Of Not Paying Child Support


A court orders the remittance of child support, making this a binding directive that you must follow. Although situations can arise that make it difficult to make ends meet financially, it's never advisable to fall behind with these payments. Before you make a decision that could have serious consequences, learn the risks you face.

Possible Court Actions

The court could take action against you if you cease regular payments. One possible outcome could be a contempt of court filing. If this happens, a court date will be scheduled, and you will need to appear before a judge to address the late payments. Failure to appear could result in a warrant for your arrest. During your appearance, you may need to demonstrate to the court that your finances have not allowed you to make your payments. This could require proof of income and employment or  unemployment dates.

The court could also proceed with a criminal charge of nonsupport. The custodial parent who should be receiving the funds could file a complaint that sets this process in motion. If this happens, you could face fines and even time in jail for not making your child support payments. These cases are typically tried by the district attorney of your county.

Child Support Lien

A lien of this type places a hold on any property you own, including cars or land. No court proceeding is necessary to complete this process, because it typically occurs administratively. Many states have specific dollar amounts in place to enact liens when the past-due amount reaches this point. For example, if your state has a past-due limit of $500, a lien would be placed on your car or your house when your past-due payments reach this dollar amount.

You will receive a notice of the lien in the mail telling you the amount and the effective date. The lien will remain in place until you bring your payments back to current. Once you satisfy the past-due amount, you will need to get a release document to cancel the hold on your property. Be aware that these holds are reported to the major credit bureaus. Consequently, your credit can be negatively affected by your lack of remittance, which means you might not be able to secure financing if you request a loan.

Garnishment of Wages

A court could order the garnishment of wages or other financial benefits to which you are entitled. This could include your paycheck, a tax refund, pensions, insurance settlements, and lottery winnings. If you have a bank account balance, mutual funds, or IRAs with a balance above a specific amount, a court could order seizure to satisfy the past-due amount.

Loss of Driving Privileges

Many states enforce an administrative loss of driving privileges for people who do not make timely child support payments. If this happens, you will not be able to renew your driver's license, and you could have your current license revoked so that you cannot drive lawfully in your state, both occupationally and personally.

Always call your local child support agency if financial problems prevent you from making payments. It's likely that you will be able to work out a plan to avoid court proceedings and liens.

Friday, October 20, 2017

What Is The Latest Research On The Effects Of Divorce On Children?



What is the latest research on the effects of divorce on children?
Read the transcript of this video below.

It used to be that we thought “divorce” itself was responsible for the negative psychological effects on children. Spouses stayed together “for the sake of the children”. Now we know differently. After years of studying the impact of divorce on children, we have discovered that it is the CONFLICT between the parents, not the divorce per se, that is so emotionally traumatic for children.

So, it is not better to “stay together for the sake of the children” if there is conflict between you and your spouse. When Mom and Dad are in conflict, children are confused about whether they can love both Mom and Dad. In their minds, if Mom doesn’t like Dad, then the child doesn’t think it is okay to love both Mom and Dad.

The child, therefore, feels the need to pick the “good guy” in the divorce, which leaves the other parent as the “bad guy”. The long-term effects of a child choosing one parent as the “bad guy” is that the child begins a life-long distrust of that sex. So, if they pick Mom as the “bad guy”, they don’t trust women. This distrust of one sex lasts long into the child’s adulthood and interferes with their ability to form trusting, long lasting relationships in the future. It can even doom them from having a successful marriage when they grow up.

I am sure this is not the legacy my clients want to leave for their children. They just don’t know that their conflict with their spouse has such a devastating impact on their children. Once they know how harmful conflict is to their children’s development, they can choose to love their children more than they hate their spouse.

Tuesday, October 17, 2017

Separation And Security Through Family Law


Going through with a divorce is one of the most difficult decisions a couple can make. Not only is it emotionally draining, but dealing with family law can also be an expensive and confusing process. Many people are unsure about the first steps to take when they're ready to separate legally from their partner, but if a separation really is the healthiest option, then there are a few things you should make sure you do to prepare.

Copy Your Documents

Go through your records and make copies of everything important, like tax returns, bank statements, insurance policies, mortgage documents, credit card statements, automobile titles, wills, etc. Scan these documents and preserve them digitally if you can.

Inventory Your Possessions

When it's time to split up the property, you'll want to make sure you're aware of everything you're splitting up. Create a list of valuables, and don't forget to include anything that might be in storage or in a safe deposit box.

Be Realistic About Your Earning Potential

In many marriages, one spouse ends up staying out of work for a while to hold down the fort at home. If this is the case, it may be difficult to get back into a job. You might consider furthering your education.

Be Aware of Your Own Credit History

Make sure you have credit cards in your name and that you know your credit score. If you have poor credit history, try to start building it up as soon as you can.

Know How Much Your Spouse Earns

If your spouse has a salary, look at pay stubs. If he or she owns a business, is self-employed, or earns a living in cash, do your best to keep an idea of how much money is coming in.

Consult a Family Attorney

Family law can be overwhelming. Make sure you understand your legal rights and responsibilities, and don't hesitate to ask a lawyer before making any kind of move.

Make Your Kids Your Top Priority

It's often easy to overlook your children during a separation, but a divorce can be traumatic for your kids. Try to keep their routine as normal as possible, and do your best to avoid fighting with your spouse in front of them. If it's impossible to be around each other, set up a schedule of separate times for each of you to be with the children. Do not say bad things about your spouse to your children, and try to remain as active in their lives as you can be. Take care of yourself, but don't neglect your kids in the process.

Separating from your spouse is one of the hardest decisions you'll ever have to make, and it's a decision that shouldn't be rushed, but sometimes a divorce really is the healthiest option for you and your family. If that is the case, try not to be too bogged down by the logistics of family law, and do what you need to do to make sure you and your children are comfortable.

Saturday, October 14, 2017

Were You Hurt At Work? Hire A Workers Compensation Law Firm Today!


People are injured or become sick while at work everyday. Each year 3 million people in the United States are injured or become sick from their workplace. Many of these people do not understand their  rights as an injured person. Many of them accept far too little in workers compensation or simply accept that their claim has been denied and suffer because of it. In other cases a workers compensation claim takes a lifetime to become approved. Sadly some injured workers never even file a claim.

This is why workers compensation law firms are so valuable. Your claim may be deferred because of an incomplete filing. Law firms understand the legalities surrounding filing a claim. They know what paper work needs to be completed and when and they have the knowledge to communicate in a way that will get your claim settled faster.

When you hire a workers compensation law firm your case will be settled in one of two ways.

1. Go To Court

In the event that you are unsatisfied the compensation your received and believe you deserve better or if your claim was denied it will be best to take your case to court. You will work with your attorneys to gather evidence of the incident and prepare the case that you will present before a judge. If the judge sides with you then you will be awarded weekly compensation for your injuries. This money will cover your medical expenses, lost wages and other costs associated with the injuries. If they judge does not side with you then you can work with your attorneys to appeal the case.

2. Settlement

The other solution that your attorneys will explore is a settlement. In order to reach a settlement both sides have to agree upon the monetary value of your injuries based on the necessary medical treatment and lost wages. You and your employer will agree to the amount by signing documents that  will then be presented to a judge from the workers compensation commission. It is important to be very happy with the settlement amount because as soon as it is approved by a judge than you can not ask your employer for any additional benefits or compensation.

The importance of getting adequate legal help after a workplace injury is exponential. For example, some workplace injuries alter your ability to continue working in the field. This can be true for farmers, construction workers, police and firemen. If an injury prevents them from doing the job they have trained to do and from receiving future promotions then they need to be compensated correctly.

A work place injury can be very stressful. In fact, it can cause depression. It is important to get a workers compensation attorney working for you to help you see things clearly during this difficult time and to make sure you are taken care of in the future.

Wednesday, October 11, 2017

Is A QDRO Always Required In A Divorce?



For many divorcing couples, retirement plans make up the majority of the marital estate. While some couples can agree to simply "each keep their own" in the asset division, for many other spouses a division of one of the accounts is necessary to ensure a fair distribution of marital assets.
When division of a retirement asset is required in a divorce, many people are unsure how to proceed. They may have heard the term Qualified Domestic Relations Order (QDRO), but have no idea if or how it applies to their situation. This lack of knowledge often leads to errors that can end up costing them more money in the long run.
This is why it is important to understand early on what type of retirement accounts exist. Once you know what type of accounts are in play, you can assess whether a QDRO - or a different, similar order - is required. You will also better understand the most effective way to distribute the assets in the final property division settlement.
Individual Retirement Account (IRA) - Since IRAs are not subject to ERISA, a QDRO is not required to divide this type of account. Pursuant to 26 U.S.C.A. §408(d)(6), a transfer from an IRA can be made to a spouse or former pursuant to a decree of divorce or a written instrument incident to a divorce. This written instrument can be either a separation agreement or divorce decree. In most cases, a letter of instruction and copy of the Final Judgment/Settlement Agreement should be enough to transfer money from the IRA.
Non-Qualified Plans - There are numerous types of retirement assets that cannot be divided in a divorce. Non-qualified plans fall outside the purview of ERISA and are not subject to division via QDRO (or usually any other means). These plans usually have names that include words like Supplemental, Excess Benefit, SERP or even Non-Qualified, and are offered to key, high-ranking employees as a means of providing additional retirement benefits beyond those allowed under ERISA. The language of many of these plans specifically preclude payments to anyone other than the employee, and no court order can change this.
Non-ERISA and Government Retirement Plans - ERISA specifically excludes any federal government retirement plans. While these accounts are divisible, it is done with a document other than a true QDRO. While the name QDRO may be used generically to refer to any order related to retirement account division, government plans each have their own mechanisms for division and it is important to understand each. You can learn more about these plans at www.tsp.gov and www.opm.gov. Rules governing state and local government plans vary by state, so it is important to familiarize yourself with the rules specific to your jurisdiction.

Article Source: http://EzineArticles.com/9504337

Sunday, October 8, 2017

How Does Your Age Affect Your Social Security Disability Claim?


Each year more than 2.5 million disability applications are filed with the Social Security Administration. Of these applications, only 30 percent are approved at the initial stage of the application process. The remaining 70 percent must appeal the SSA's decision to deny benefits or give up hope of receiving benefits.

Many people wonder why applications are approved or denied and whether or not age plays any part in the SSA's decision as to whether or not they will award benefits. If you have considered applying for disability and wonder how your age will affect your disability claim, the following information will help you understand what role your age plays in your ability to qualify for disability benefits.

Age and Social Security Disability

Age is not always a determining factor when it comes to disability applications, but many times it does play a part in the SSA's decision on whether or not to award disability benefits. This is due to the medical and vocational guidelines that are set forth by the SSA.

When the Social Security office reviews a disability application, certain medical and vocational guidelines must be followed when deciding whether or not to approve a claim. There are guidelines set forth that pertain to one's age, but that does not mean your age will automatically disqualify you from receiving disability benefits.

When the SSA reviews your disability application, they must determine whether or not you are able to participate in gainful employment. Even if you have suffered a disability that prevents you from performing your usual job functions, your age may play a part in determining whether or not you can perform other types of work.

Let's say, for example, that you have no experience other than construction work. If you suffer a back injury and are unable to perform your usual line of work you may want to apply for disability benefits. Even if your condition falls under Social Security's Impairment Listings, this does not mean you will automatically qualify for benefits. Your age may also play a part in the decision.

Using the above example, if you are over the age of 50 your chances of being approved for disability benefits would be much greater than if you were in your twenties or thirties. This is because it would be much harder for you to enter into a new line of work. If you are younger, the SSA would expect you to obtain the necessary work skills to perform other types of employment. On the other hand, if your disability prevents you from performing any type of work whatsoever, you would likely be approved for disability benefits regardless of your age.

Determining the Role Your Age will Play

If you are applying for disability benefits, it can be helpful to understand how the SSA views the different age groups and work categories. If you are younger than 44 years of age, the SSA will view you as a young individual. Those who are between the ages of 44 to 49 are considered younger individuals and those between the ages of 49 to 55 are considered to be advancing in age. If you are over the age of 55 when you apply for Social Security Disability benefits, the SSA will consider you advanced in age.

Along with determining your age, the SSA will also determine what types of work you can perform. There are four categories into which Social Security groups functional capacities including sedentary work, light work, medium work and heavy-weight work. No matter how young you are, if you are unable to perform even the sedentary level of work due to your disability, you will likely be approved for disability benefits.

What to Do If Your Claim Is Denied

If you apply for Social Security Disability and your claim is denied, it is in your best interest to file an appeal with the Social Security Administration within 60 days of receiving the decision notice. If you feel that your age has played a part in your denied Social Security Disability application and that the Social Security Administration did not fairly take into consideration your inability to perform any type of work whatsoever, you should retain the services of a Social Security Disability attorney. Your attorney can increase your chances of a successful Social Security Disability claim and will ensure that all aspects of your disability are taken into account during the Social Security Disability appeal process.


Thursday, October 5, 2017

What Is The Difference Between Social Security Disability Benefits And VA Disability Benefits?


Many of the individuals who receive VA disability benefits assume that they will also be eligible for Social Security Disability benefits. When these applicants go on to apply for disability benefits from the Social Security Administration (SSA), some are surprised to find out that their application for disability has been denied by the agency. Why is it that some people are eligible for VA benefits but not for disability from the SSA? To understand the answer to that question you must understand the differences between the two programs and how the regulating agencies determine whether or not an individual is disabled according to their guidelines.

The Determination Process

When an individual applies for VA disability benefits, he/she must prove that he/she is a military veteran who has not received a dishonorable discharge and that the injuries that caused his/her disability is related to his/her service in the military. The VA's two-step process qualification process is much less stringent than the SS Disability application process, which often makes it easier for applicants to qualify for VA benefits. Individuals who are applying for benefits from the SSA must go through a five-step qualification process, proving that they are unable to earn more than $1,000 per month, that their medical condition prevents them from performing gainful work activity, that the disability falls under the published SSA impairment listings (or that it is equal to one of the listed conditions) and that the specific condition results in a residual functional impairment, which prevents the applicant from performing any type of work in the national economy.

Since it is often harder to qualify for Social Security benefits than it is to qualify for VA benefits, it is not uncommon for individuals who are receiving VA disability to be denied disability payments from the SSA. On the other hand, veterans who do not qualify for VA benefits may be able to qualify for disability payments from the SSA in some situations. For example, if the disability that a person is suffering from did not occur as a result of service-related activities, but falls under the Social Security impairment guidelines, that veteran may indeed be able to qualify for Social Security Disability benefits if the extent of their disability can be proven, even though they can not qualify for VA benefits due to the nature of the disability.

The Ability to Work

Another distinct difference between VA disability benefits and Social Security Disability benefits is that individuals cannot qualify for Social Security Disability benefits if they are able to perform any type of work activity. If the individual is able to work, they will not be awarded disability benefits from the SSA. VA benefits work differently. The ability to work does not prevent an individual from being able to receive VA disability benefits. A VA disability beneficiary can maintain their benefits even if they are able to perform work and earn an income, although individuals who are not able to work are eligible for additional compensation under the VA disability program.

Benefit Amounts

In addition to distinct differences in how the VA and the SSA determine a disability, there is also a significant difference in the amount of benefits paid to the individuals who are eligible for benefits under these programs. VA disability benefits tend to provide more financial assistance than Social Security Disability benefits. The average VA disability benefit payment is approximately $2,700 per month while the average SSA disability payment is only about $1,100 per month.

Qualifying for Both

There is nothing preventing an individual who qualifies for VA disability from receiving Social Security Disability. If you have earned enough work credits to qualify for Social Security Disability payments and you meet the disability guidelines set forth by the SSA you could technically receive both VA disability benefits and Social Security Disability payments. Participation in one program does not prevent you from receiving benefits from the other.

Appealing a Denied Application

If you are receiving VA disability benefits and feel that you are entitled to Social Security Disability payments as well, you need to apply for disability through the SSA. If your initial application for benefits is denied, you will need to go on to file an appeal. Nearly 70 percent of applications are denied at the initial stage of the application process so it is not uncommon for an applicant to have to go through the appeal process.

If you need help applying for or appealing Social Security Disability you should consider retaining the services of a qualified attorney. Hiring a qualified attorney can help increase your chances of receiving a favorable decision during the disability appeal process.


Monday, October 2, 2017

Common Causes For Workers Compensation Claims


Regardless of your occupation, there exists the risk that you will sustain an injury in the workplace or in the performance of work-related tasks offsite. Though some kinds of employment come with a much greater likelihood of injury or possess the potential for more severe accidents to occur, even positions that seem at first glance to be completely safe are typically rife with hidden or non-obvious dangers. Workers' compensation benefits are intended to help you to receive the medical attention that is necessitated by your injury or occupational illness. They may also grant you a portion of the income lost due to missed time at work attributable to the injury.

Although one of the primary advantages of workers' compensation is supposed to be that it is quickly and readily accessible to injured employees, there are two factors that can complicate the claims process significantly. Firstly among these is that employers may be faced with elevated insurance rates and the loss of substantial money. Secondly, the insurance companies that offer workers' compensation policies are profit-driven enterprises that secure their own financial success by seeking to approve the fewest and least costly claims that they can. So, despite the spirit of the legislation enacting Iowa workers' compensation law, it is not always acted upon.

Frequent Sources of Occupational Injury or Illness

Physically intensive occupations expose workers to one sort of danger. Highly repetitive and low intensity tasks expose them to another. Typically, employment handbooks or standard industry instruction attempt to advise new workers about the hazards inherent in their chosen line of work and also how to prevent or reduce the likelihood of falling victim to occupational injury and illness. But even best practices and thorough training are not able to completely eliminate the threat of accidental or environmentally-based damage.

Some of the most frequently encountered forms of occupational injury that lead to the filing of a workers' compensation claim are:

  • Carpal tunnel syndrome
  • Tendonitis
  • Bursitis
  • Traumatic brain injuries
  • Back injuries
  • Fractured bones
  • Strained ligaments
  • Severe lacerations
  • Lead paint poisoning
  • Toxic chemical exposure
  • Electrical injuries
  • Amputations
Overcoming Opposition
Though you do not have to work with an attorney initially to file your workers' compensation claim, legal representation is necessary if you need to file appeals or pursue the matter through litigation. Moreover, a skilled and experienced lawyer can help you to avoid making procedural errors that could delay your benefits.

Friday, September 29, 2017

Selecting A Divorce Attorney


 Selecting a divorce attorney is a critical decision making process. The person who you hire will be responsible for obtaining or maintaining your custody rights to your children, your property interests, and depending upon the side you are one, either minimizing or maximizing your support rights.
In reality, selecting a divorce attorney is also an incredibly stressful experience. Do it right and you can breath easy. Do it wrong and you will spend years making up for losses that might have been prevented.

There are a few tried and true tactics that you should be using when you select a divorce attorney. Before you even begin, you need to identify the type of case that you will be involved in. Will you be mediating your divorce? Will you be negotiating? Or, will your case be one of those cases that goes to court and becomes a knock down, drag out divorce litigation?

There are divorce attorneys who specialize in these different types of cases and you need to hire the type of divorce attorney who is best suited to the type of case that you have. If you need to deal with a knock down, drag out litigation, you do not want a mediation attorney trying to protect your interests. Likewise, if you are going through mediation, the last thing you want is a divorce attorney who will try to create issues and move you towards litigation.

So, step one in the process of selecting a divorce attorney is to identify the type of case that you have.  Next, start asking people for help. Since the divorce rate in the United States is at about 50%, chances are you know at least several people who have been through a divorce. Ask about their process, how they selected a divorce attorney, and how their attorney performed for them.

After you have received the names of several divorce attorneys that you received from asking other people, go online and start researching those attorneys and others. Many divorce attorneys have websites, write articles, and advertise on divorce portal websites. You can get quite a bit of information about how an attorney approaches cases and treats clients by reviewing their website.

After you have reviewed the divorce attorney websites, make a list of at least two and as many as five divorce attorneys who you think you will be comfortable speaking with. Call the offices of those divorce attorneys and schedule consultations. Some of those attorneys will charge you for a consultation; the more experience the attorney has, the more likely that you will have to pay for time with that attorney.

When you attend a consultation with a divorce attorney, be prepared. Make an outline of the history of your marriage and the problems facing you now. If you or your spouse has filed any papers in court, make sure you bring them with you. Bring one or two years tax returns or a recent financial statement so that the divorce attorney can review some of your financial data before being asked questions about "results".

Make sure you ask each divorce attorney questions about how that attorney's office operates in response to client phone calls, emails, or other inquiries or needs. If you will be working with a divorce attorney who has no other attorney in their office, be prepared to wait in line when you have a need for a response. That attorney will have other clients who have needs just as significant as yours, and an attorney can be responsive to only one client at a time. Even with that drawback, there may be a divorce attorney who you feel is just right for you who is also a solo practitioner. That is a trade off that you may have to get comfortable with.

After you have completed all of the consultations and reviewed the answers to all of your questions, decide which divorce attorney you felt most comfortable with and which one you believe will work with you to get the type of results that you want.results that you want.

Tuesday, September 26, 2017

Hire A Good Workers Compensation Attorney And Let Them Secure Your Benefits



With all of the challenges that many people are facing when they are trying to apply and get approved for certain entitlements, you can't afford to lose your right to be compensated for your workplace injury. Even though the accident may truly have been something that was beyond your control, you need to hire a workers compensation attorney to fight for your rights. It doesn't matter how good your employer has been to you, the moment you file a claim, they will do everything in their power to avoid having to pay you a dime. It is not your fault that you were hurt, nor is it fair for you to try and have to figure out how your bills are going to get paid. You earned and paid for the right to get your claim approved.

It doesn't really matter what step you are in, all that matters is that you take the time to find a good workers compensation attorney. You can't afford to take chances and let a corporation take away what you're entitled to. With so many business and employers reducing the amount of benefits and coverage they offer to their employees, you shouldn't be so naïve as to assume that they are genuinely invested in your wellbeing or livelihood; any dime they have to pay to you comes out of the insurance they already have. It doesn't really come out of their pocket at all. But you being injured as a result of a workplace injury does affect your finances if you are not able to work as a result of it.

The earlier in your situation that you hire a good workers compensation attorney, the sooner you will be able to receive what you are entitled to. You could end up having the amount you are entitled to reduced or end up getting denied if you don't. Why put yourself through all of the stress, and hassles if you don't have to? Believe it or not, just because there is proof that you were injured on the job doesn't mean that you will automatically be approved for benefits. There are other criteria that have to be met and if your employer decides to dispute anything, you could be looking at a long uphill battle.

Regardless of your situation and how you feel, do yourself a favor and hire a workers compensation attorney that has a great deal of experience in winning for their clients. Take a look at the statistics and you will be able to see that people who hire the right kind of legal representation for their claims have a much higher percentage for getting their claims approved and their benefits paid to them. You can't keep wasting time thinking that things will turn out right. Hire an attorney and know for certain that they will take care of things.


Saturday, September 23, 2017

Can One Parent Move Away Without The Other Parent's Approval?


Many reasons can affect a parent's decision to move away from their current locale: Promising career opportunities; better emotional or financial support networks (e.g. closer to family and friends), or remarriage. When a primary physical custodial parent (one who has 50% or more of the child sharing time) decides to move away, whether it's one hour distant, on the opposite side of the country, or even overseas, the current custodial arrangement will be disrupted. This substantial change of circumstances means the parent who wants to move will need to request new custody and visitation orders from the court.

If parents can't agree on a new visitation schedule, they will have to rely on the court to make the decision for them. The parent who wants to move must request a "move away order" seeking permission to relocate the child(ren) away from the court's jurisdiction. In this case, the court will consider "the best interests of the child", as well as the current timeshare and how parents have been exercising their visitation time. California has permissive move-away laws. This means it generally allows the parent with the larger custody time share to move. The courts understand many people moved to California before having children and may want to move to another state later on in life. If the parent with the primary physical custody (i.e. with 65%> timeshare or more) wants to move away, the non-custodial parent has to prove to the court (even before any hearing) that the move will be detrimental to his/her relationship with the child(ren). On the other hand, if parents share equal custody, the court will presume the move will be harmful to the child, and it is up to the parent who wants to move away to prove that the move will be in the best interest of the children, and that the other parent will be able to maintain a continuing relationship with them.

Before they attend a court hearing, parents are required to mediate their situation in order to try to reach an agreement on new visitation schedules. The court provides mediation services to all parents at no cost, but court mediators are unfamiliar with the family's personal situation and may not have much time or inclination to discuss issues in detail. If parents can't reach an agreement during this short mediation session, it will be up to the court mediator to make a recommendation to the judge at the hearing. This is when private mediation can be very helpful to reach a consensus and visitation arrangements that both parents can work with. Both a court mediator and a private family law mediator will discuss the following in order to help reach an agreement:

- the children's relationship with both parents

- the relationship between the parents and how well they communicate with each other

- the reason for the move (it has to be purposeful, not simply to disrupt the other parent's relationship with the children)

- how parents will maintain continuing contact with the children (e.g. substantial vacation time, virtual visitation using video calling technology)

Move-away situations can be challenging and costly, both emotionally and financially, so it is important for parents to put their personal feelings aside and work toward an agreement that will benefit the children, while allowing them to have a continuing relationship with both parents, no matter how far.


Wednesday, September 20, 2017

Social Security Disability - 11 Tips For A Successful Claim


More than 3 million Americans receive Social Security disability benefits every year, but, for most of them, it was a long struggle to get those benefits. According to the Social Security Administration, 12  million people apply for Social Security disability benefits every year. However, it is estimated that 70% of those claims are denied during the very first application process.

The Social Security disability process can be a long and tedious one. On average, an initial claim takes 4-6 months to process. And, if you're rejected and have to go through the entire appeals process, your case could drag on for as long as a year and half.

So, how can you increase your chances of having a successful Social Security disability claim on the first try? Start by following these 11 tips:

1. Learn everything that you can about the Social Security disability application process before you turn in your application. Find out exactly what you can expect.

2. File your Social Security disability claim right away. Since even successful claims can take months to process, you will want to get the ball rolling as soon as possible. That way, you stand a better chance of getting your much-needed Social Security disability benefits sooner.

3. File your Social Security disability paperwork very carefully. A huge number of disability claims are denied right off the bat because the forms were not filled out properly. Answer every question on the forms; leaving something blank can get your claim denied. If you need assistance, don't be afraid to ask someone to help you.

4. Your disability claim will be totally judged on your medical records, so be sure to get ongoing medical treatment. If you do not keep seeing your doctor, your examiner may argue that there are not enough medical records to support your claim. Or, you may have trouble getting your doctor to verify the severity of your condition if he has not seen you in a while.

5. Send copies of all of your medical records in with your Social Security disability application. You want to make sure that the examiner in charge of your case has all of the information. If you do not include your medical records, the examiner will have to call your doctor and get the records himself. That's something that could delay your case for months. Or, worse, if the doctor's office overlooks something, your examiner may not get all of the important information he needs to make a fair decision.

6. Bring up everything that is wrong with you, including mental conditions. Your examiner needs all of the information. For example, if you have memory problems on top of your physical impairment, it may make it even tougher for you to perform basic work.

7. Ask your doctor to write a letter on your behalf. Most doctors will not say that a patient is 100% disabled, but they can talk about why you cannot work. For example, they may say that you are unable to sit, stand, bend, or walk.

8. Keep tabs on your examiner. Call Disability Determination Services - not the Social Security Administration - for updates on your case. DDS is the organization that will handle your initial claim and do your medical evaluation. They are best equipped to handle your questions.

9. Do not assume that DDS knows everything. If a new medical condition arises during the course of your claim, tell your examiner. Or, if you have to go in for a disability interview, do not leave anything out.

10. Respond to any letters promptly. Not doing so can get your claim denied. DDS may send you a letter saying that you have to come in for a medical exam with an independent, third-party doctor. Not going to the appointment puts your claim at risk.

11. Hiring a Social Security disability attorney greatly improves your chances of getting your disability claim approved on the first try. A good lawyer will file all of the paperwork, make sure that you do not miss any deadlines, and pass on any updates to your examiner.



Thursday, September 14, 2017

Six Steps To Find The Best Divorce Attorney


It is a fact that all marriages don't last forever. When you think that the divorce is the only option left to live a stress free life, then it is important for you choose the right Divorce attorney who has a wide array of knowledge to best satisfy both you and the other party.

We would like to mention some of the key points that can help you find the right divorce attorney.

1. The Experience Of The Divorce Attorney - You must understand that the Law offices, which have been in this particular business for several years will only use the lawyers who have a great experience in this particular field of law.

It would be an icing on the cake, if you found the lawyer that has handled cases like yours. So, it is very important to find the lawyer that has a minimum of five years in handling divorce cases.

2. Proficiency Of The Divorce Attorney - A well-qualified lawyer will always be trained in various fields related to the divorce. The fields in which he/she is more likely to have skill are, obtaining child and spousal support, division of property, legal counseling, enforcement orders, etc.

3. Referrals Given By The Divorce Attorney - This is also an important point because if the lawyer is reluctant to give you any referrals, then he/she is hiding something from you.A reliable lawyer will have no problem giving you the referrals.

He/she is not able to show the details of the cases that he/she has handled, but he/she can certainly ask those clients to testify on his/her behalf. You should also make sure that the referrals given by the lawyer are not that old.

4. The Reviews Given By The Previous Clients - We are living in the world, where everything get done online. Many divorce attorneys have their own website, so if you are about to complete things with someone, then you should take a look at his/her website. If there are more positive reviews on the website, then you can consider finalizing the deal with that lawyer.

There are many people who like to post their experiences at the time of their divorce. You should not restrict yourself to just one opinion. Instead, you have to check out a good amount of websites to be sure about the lawyer you are about to hire.

5. Check Out The Accessibility - This is another important point to consider when researching your divorce attorney. You should try to find out how accessible your divorce attorney is. How quickly does he/she responds to phone calls and emails? How quickly can you schedule meetings with him/her?

You will not want to wait for several days, if its urgent matter to discuss. If it's an urgent matter, you should not have to wait several days. A good lawyer will always have an alternative to help his/her client, if he/she is not there to attend them. An assistant or maybe a fellow lawyer will take care of the proceedings until he/she reaches back.

6. Trustworthy - You can't skip this point. It is important for you are comfortable with the lawyer. If you have any issues about his/her working or behavior, then you have to either tell him/her about that or switch to another lawyer. A good, honest and sensitive lawyer will take care of all the needs of his/her clients.

These points will help you find the best divorce attorney for your case. A good lawyer will not just make a strong case, but it will present your case in a great way in front of the court.


Monday, September 11, 2017

Requesting Changes To A Child Support Agreement


Once the court has mandated a child support agreement, is it written in stone or can it be changed if the cost of living goes up or if circumstances change? Fortunately for parents, it is possible to change the court order in certain cases.

Cost of Living Adjustments

The clearest type of change is for cost of living. If you live in an area subject to high inflation, it may be hard both to live on child support agreements negotiated in the past and also to pay them. Ideally, your original agreement included a provision that child support would change based on Consumer Price Index (CPI) in your area. If not, you can petition to have a cost of living or COLA provision added that whenever the CPI in your area goes up by 10% from the current court order, you get a raise. Once you reopen the issue, you can get have a COLA clause added to your agreement, although no increase will kick in unless the CPI increases.

When you petition the court for a COLA, the judge is likely to grant it as long as the math supports you. COLAs have nothing to do with a change in your circumstance, even if you, as a former stay-at-home parent, just got a high paying job. The other party can object, but not based on ability to pay.

Change of Circumstances

When circumstances have changed due to loss of a job, a new job, disability, imprisonment or other inability to earn income, or escalating needs, one party to a child support agreement can petition the court for a revision of the amount of child support payments. Even if one parent remarries, the increase in income is fair game for the ex-spouse to request an increase in child support. In this case, both parties would need to provide financial information to the court.

Requests to change support amounts can be permanent or temporary. If a parent loses a job or has a personal medical emergency, of if the child has a medical emergency, the judge can grant a temporary change in support payments.

Work with the Court to Change Child Support Agreements

Support orders are meant to be long-standing, so courts do not take kindly to frivolous requests for changes. The proposed increase or decrease should be at least 10% for the court to consider it. When divorced parties put their finances before the court, they open themselves up for the court to reevaluate the amount paid and may find themselves paying or receiving more than they planned on.

Once a support agreement is in effect, any changes in the amount of the payment must go through the  courts. Even if one parent informally agrees to more or less, the arrangement must still be added to the agreement.


Friday, September 8, 2017

When To Contact A Social Security Disability Attorney


People who are unable to work because of a physical or mental impairment can apply for Social Security Disability Insurance (SSDI) benefits. If accepted, the disabled individual will receive monthly payments from the government. Standards are quite high, however, and about 70 percent of initial claims for support are denied. In the overwhelming majority of cases, applicants are rejected because they failed to provide enough medical evidence to substantiate their disability.

What Constitutes A Disability?

For SSDI purposes, an individual is considered disabled if they suffer from a medical or psychological impairment that is so severe it prevents them from engaging in substantial gainful activity (SGA) for at least one year. At present, the monetary threshold for SGA is just under $1,100. So if an applicant cannot earn above that amount from his labor, he can apply for SSDI benefits. That does not, however, mean that he will be approved.

Can A Social Security Disability Attorney Help?

It may be disappointing, but having your initial claim denied isn't the end of the world. Many applicants successfully pursue their claims through the appeals process. Of course, it helps to have someone familiar with the process on your side. According to official data, over two-thirds of applicants who appeal their denial eventually receive benefits. But that can only happen if they have the information and evidence they need to prove their case. That's where a Social Security disability attorney can be invaluable.

It is important to note that not every claim for SSDI benefits should be pursued. If the Social Security Administration (SSA) had a valid reason for rejecting your request, a reputable attorney may not take your case. He or she may peruse your denial notice and inform you that your chances of winning are slim. If, however, your application was denied because you failed to provide medical evidence of your impairment, an attorney may accept you as a client. As such, he or she may submit new evidence for reconsideration on appeal.

The Odds Are In Your Favor

According to the SSA, more than two-thirds of the cases that come before an administrative law judge on appeal are approved. Why? The most obvious explanation is that most of the applicants at that stage of the appeal process have a reputable Social Security disability attorney by their side. These skilled legal professionals know how to present your case in a favorable light, providing proof of your impairment and the effect it has had on your life.

With results like those, you might be wondering why everybody doesn't hire an attorney to represent them? One obvious explanation is the price. Although their fees are often quite reasonable - generally less than 25 percent of back pay - not every applicant is owed a sizable sum. Only those who have not worked for quite some time and have been pursuing their case for many months may be eligible for substantial disability back payments. With that said, if you cannot work and do not expect to return to work for more than one year, you should seriously consider hiring a lawyer.

A Social Security disability attorney can help you win your claim for SSDI benefits.


Monday, September 4, 2017

Does Your Family Need The Help From A Guardianship Lawyer?



If you suspect that a love one should have a guardian assigned, but you're not exactly sure if it's possible, it's vitally important that you learn more about which situations call for legal guardians and which ones do not. Understanding when it's possible to have one established can save your family a lot of strife and heartache.

How A Guardianship Lawyer Can Help In Case Of Mental Illness

If you suspect that someone you love is mentally ill and needs help, it's possible to establish guardianships that will control their medical and financial decisions.

The most well known case of this involves Britney Spears. When she spiraled out of control several years ago, her parents agreed that she needed help after she shaved her head and attacked a paparazzo's car with an umbrella. Her father petitioned the court and asked to be granted conservatorship. Although it's not exactly the same thing as becoming a guardian, it's similar (though you should consult an attorney to find out the specific differences in your state).

This conservatorship meant that Britney was no longer able to make her own decisions regarding her finances or medical choices. It's said that her father saved her life by stepping in, but it's unclear whether the conservatorship would continue as a long-term situation.

How A Guardianship Lawyer Can Assist A Minor Child

Situations involving minor children are some of the most commonly understood guardianships. If both parents die without a will, no one is named as the guardian. In these cases, an attorney can help determine who will act as the guardian for the child. It needs to be legally established through the court to ensure that the adult has decision-making authority.

Another situation involving minor children is if parents are unable to care for their children. This can happen because of neglect, but could also be a result of military duty. If a single parent is deployed, he or she can establish guardianships to ensure that a responsible adult is available to make major decisions for the child.

How A Guardianship Lawyer Can Assist The Elderly

If you have a loved one who is getting older and you feel they're unable to make their own decisions in financial and medical situations, it's possible to set up guardianships. Some seniors need help ensuring they receive proper medical care, especially if they have health problems such as Alzheimer's Disease or if they suffer from dementia. Other seniors are especially susceptible to financial scams, and having someone act as a guardian can protect their assets. It can be difficult for seniors to relinquish control over their financial or personal well-being and an attorney will aid families navigating through this tricky situation.

If you're unsure whether a guardianship lawyer can help your family, contact one in your area. He or she will be able to analyze your situation and let you know whether it's appropriate to petition the court to grant a guardian for your loved one.


Friday, September 1, 2017

Things You Can't Put In A Prenuptial Agreement


A prenuptial agreement, or "prenup," is an important consideration for many couples contemplating marriage. Also known in some states as a premarital agreement or antenuptial contract, prenups are often believed to be necessary only for those with substantial assets. In reality, many people are choosing to execute prenuptial contracts today. Although these agreements are highly effective and enforceable in most cases, the law prohibits certain provisions.. Should you endeavor to include a non-allowed provision, courts may invalidate your prenup in whole or in part. Read on for some important information on this subject.

Reasons You May Want a Prenup

Even if you don't have a lot of assets, you may want to consider executing a premarital contract before walking down the aisle. For example, some couples choose a prenup to minimize the cost and pain should they later divorce. Many modern couples choose to work out the details of a potential split before getting married, when decisions are more likely to be dictated by logic rather than emotion.. Prenups can also help to establish ground rules for the marriage and set forth clear expectations for both parties. Other reasons for entering into a prenup may include the presence of children, property or debts from the past.

Provisions that May Be Disallowed

The legal system simply won't allow certain provisions in a premarital contract. This varies from state to state, but some concepts are universal. For any matters involving children, you will likely be unable to compel either party to relinquish future parental rights. Family courts consider the best interests of children ahead of that of either parent. Any attempt to restrict either party's custody or support obligations would likely be unenforceable. Some states also disallow attempts to limit alimony rights. Finally, most non-financial terms may fall under scrutiny. For example, attempts to enforce behavior (for example, who is responsible for specific chores, what religion children will be raised in or family pet matters) may not be enforceable. Trying to include provisions of this nature could result in having the entire agreement voided by a judge.

Protecting Your Assets and Rights before Marriage

If you believe a prenuptial agreement is necessary, contact a family law attorney in your state to discuss your goals and objectives. A lawyer who is experienced in the successful preparation and enforcement of prenups can advise you on what may or may not hold up in court, should your marriage fail in the future. If you elect not to execute a premarital contract with your future spouse, state law will govern how assets are distributed during divorce proceedings.

Tuesday, August 29, 2017

Finding A Workers' Compensation Attorney


Although no law states that you must hire a workers' compensation attorney, it is extremely difficult, if not impossible, to handle a claim on your own. When you're going against highly skilled adjusters working for the insurance companies that have constant access to lawyers, hiring legal representation is essential. Trying to handle your own case may save you a few bucks, but it will cost you plenty in the long run.

When Should I Seek Representation?

Trying to determine when to hire an experienced workers' compensation attorney isn't easy. However, if your employer denies that you were injured on the job, or if the insurance carrier refuses to pay, you need to call a lawyer right away. Some less obvious reasons to seek representation include the following instances: if the adjustor promises benefits but keeps giving you reasons why the check hasn't arrived yet, if your employer's attorney asks you to give a deposition, and-the worst-case scenario-if you are denied medical treatment. All of these situations should be viewed as red flags.

Why Should I Seek Representation?

Believe it or not, many people ask that question. The simple answer is: you have rights! Nobody wants to be the bad guy in any situation, but insurance companies have a knack for making victims feel that way. Do not let these self-interested parties determine what's right or wrong; in our system, that is what judges and juries are for.

If you were in a work-related accident, you are likely dealing with the complex legal system for the first time, and dealing with it while you are in a state of duress. Meanwhile, the insurer or employer who you are seeking compensation from will hire lawyers who handle these kinds of cases every day. Therefore, you need skilled representation from a lawyer who can match the defense at their own game and provide you with guidance and support during what will be a tough time.

How Can I Find A Lawyer?

Finding representation is simple. First, check the Internet. Almost everyone advertises legal services online these days. Read the reviews posted, ask your colleagues and coworkers for referrals, and check the local Yellow Pages. Advertising comes in many forms; use it to your advantage. Also, check with your state's American Bar Association. They keep tabs on everyone practicing law in the state, and, more importantly, they keep track of complaints and malpractice claims. Though the Bar will not refer you to a specific workers' compensation attorney, they will certainly provide you with all of the tools you need to make an informed decision.

You have rights. Exercise them. Do not let your employer bully you when it comes to getting the compensation you deserve. Too many people lose the monetary support they are entitled to claim because they do not know that help exists. If you have been injured on the job, and your job refuses to pay, call an experienced workers' compensation attorney right away.