Tuesday, December 30, 2014

When You Should Consider A Workers Compensation Attorney

Workers compensation is a form of insurance that provides for employees when they are injured on the job under certain circumstances. In order for an injury to qualify under a worker compensation claim it must generally meet a two-prong requirement. First the injury must have occurred at the place of employment and secondly the injury must be related to the work performed. An injury that occurs during an employees break or lunch period for example would not qualify since by the very nature of the timing the employee would have been off the clock and not performing a job related task.

If the first two prongs have been met the employee may still have a difficult time having their claim approved if the injury is the result of a cumulative action such as carpal tunnel syndrome or a lumbar back injury. These injuries can be harder to wholly prove based on a medical exam or x-rays and even harder to prove that they are the result of a workplace occupational injury.

In addition, employees who suffer from these cumulative injuries may not file a workers compensation claim in a timely manner and their injuries may be considered "suspect" and denied.

Since there are so many variants that can come into play with workers compensation claims it is necessary to understand how workers compensation works and when it is important to hire a workers compensation attorney to represent you and your claim. The most important step is to file your claim as soon as the injury occurs. The longer you wait to file, the more likely your claim will be red flagged as a potential false claim. Be prepared to have your employer contest your claim. It comes down to money and the more claims an employer has filed against them the more money it will ultimately cost them.

The insurance carrier will decide initially to either deny or approve your claim. If your claim is denied by the carrier, you will be able to appeal to the board or industrial commission. If they also deny the claim, you can take the claim to court for resolution. At any point in the process you can hire an attorney, but generally you will want an attorney if you are seriously injured or your compensation claim amount is not correct.

Your compensation generally should cover your lost wages up to a certain percentage as well as your medical expenses. If you feel you are not receiving the correct compensation or your medical coverage is denied, you may need an attorney to help correct the situation.

Finally if your employer retaliates or fires you for filing a workers compensation claim against them you will need an attorney to help you fight for your claim as well as your illegal firing.

For a workers compensation attorney Burnsville [http://www.johnsoninjuryattorney.com/work_injury_lawyer.html] is home to a professional with the expertise necessary to defend you. For more information, visit: [http://www.johnsoninjuryattorney.com/]
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Friday, December 26, 2014

A Family Law Attorney Makes Divorce A Lot Less Scary

No one wants to think about divorce until it's actually happening. In fact, probably one of the reasons it is so scary is that you don't know the laws designed to protect you. You may even know someone who has divorced, but you don't talk about it. If you do, it's probably about how it ended up and not the process itself. It's not surprising that so many people choose a family law attorney to help them navigate the system. So what does the system look like?

There is at fault and no fault divorce. All states allow a no fault divorce. Spouses must separate, however, and live apart for a period of time to qualify. An at fault divorce is only allowed in certain states. In this case, you must then prove that the spouse was cruel, committed adultery, deserted you, is in prison, or has an inability to have sex.

Can your spouse stop your divorce? Well, they can sure slow it down. A spouse can stop an at fault divorce, but generally if someone doesn't want to be married any longer, we don't make them stay married. That alone is grounds for divorce. There are so many factors to discuss in divorce: child support, spousal support and the division of property.

Who gets the house, and how to get your name off your spouse's truck loan are additional hurdles. Your family law attorney will no doubt advise you in this matter. Most states have a calculator to determine child support. Child support is based on what the child would have if the parents were together. This means that if Mom is a higher wage earner, then Mom may have to pay Dad. While there is a standardized calculator for spousal support, it is generally awarded case by case. Some things considered would be how long the marriage lasted, each partner's ability to pay, his or her work history and the overall income potential of each party. Was one person a homemaker? Is there a reasonable assumption that the party asking for support will be able to be self-sufficient at some point?

Now, how is child custody awarded? Thankfully the court doesn't get involved unless the parents or their family law attorneys can't come to an agreement on their own. Even more thankfully, when they do, they act in the best interest of the child. The court would consider one's financial ability to care for the child. They will consider who is the child's primary caretaker as well. The court will ask children as young as 12 for thoughts on which parent they would rather live with. They may even consider each parent's home and what it would mean for family support. When going through the uncertainty of divorce, there are many things that are scary, and determining where your children will live is the scariest for most parents.

Mostly remember when going through a divorce that a good family law attorney might be your best bet. It's a scary and emotional time for you. Having someone on your side who knows the ropes will take a lot of the fear away. Maybe you don't even have kids, but that doesn't make divorce any less scary or division of assets any less overwhelming.

Turn to the Centennial CO Family Law Attorney  the locals trust. Schedule a consultation with the experienced legal team at  http://www.cherylmillerlaw.com today.
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Tuesday, December 23, 2014

Know Your Rights Divorce Tips! - Family Law Attorney

Judges can accept or deny any formal plea heard before the court. This is called "Judge's Prerogative," which is defined as an exclusive right held by an individual or group, especially a hereditary or official right. The most noted prerogative power that affects the judicial system is the power to show mercy, which has two elements: the power to issue pardons, and the power of granting nolle prosequi ("be unwilling to pursue").

In contested divorce cases, however, exists perhaps the most frequent use of prerogative. For example, a family law attorney can file pretrial motions in which the judge exercises prerogative in determining the merits of judgment. In this case, it is wise to follow some simple "do's and don'ts" to ensure a more favorable judgment.

Negotiate Beforehand and Keep Demands Reasonable

It's amazing what judges will allow if all parties agree even when the agreements are not explicitly allowed under the law. In other words, if you do not alienate your soon to be ex and keep your demands reasonable, you are more likely to be awarded the things that are important to you. Pretrial "give and take" negotiations may be possible, however, but weighing intangibles such as pets and other personal belongings are of little interest to the court - work it out the peanuts beforehand!

Avoid Web Confessions

Although it may be therapeutic to publish your thoughts and feelings on the Internet, avoid posting anything about your case at all costs! When you proffer information for the world to see, guess who else can access it? Your spouse's attorney and anyone else whose job it is to collect evidence against you, such as a private investigator. Besides, such feelings are temporary and you don't want to risk damaging your character before court. Do yourself and your attorney a favor by staying offline when it comes to your feelings.

Be Transparent

Do not lie to your attorney or in court about anything. This includes lying about marital assets or failing a drug test. Be transparent no matter what. Getting caught in a lie makes it difficult for the judge to discern facts, and worse yet, from believing you even when what you say is true. Fight fair, stick to providing facts and avoid saying anything bad about your spouse. The manner in which you conduct yourself, the transparent litigant, is perhaps the best asset you have control over.

Court Is Not A Contest

Any family law attorney will attest to the fact that Court is not the place to wage a contest, for it is neither in the Court's interest to pick a winner nor does picking one fall within the scope of prerogative. The Court's job is to weigh the facts and adjudicate according to the facts, and that is it. It also important to note that in cases involving children, the child's best interest virtually guides all final decisions.

Pick Your Attorney(s) Carefully

The uncertainties that intrinsically come with navigating through legal mine fields can be easily mitigated by hiring the right attorney. You can't change what happened, pick the judge or change the law, but an experienced attorney can give you good advice in terms of what to expect and what's worth pursuing or not. As in most cases, it is good to rely on referrals; but in cases where that's not possible (e.g., life is perfect and nobody around you has ever needed or hired an attorney) it is always good to shop around and interview potential barristers. Just like any interview, go with your gut when making a decision after conducting interviews.

Picking the right family law attorney can be one of the most important decisions you'll ever make. Avoid malcreant Attorneys and stick with professionals who actually love what they do.

Going through a divorce? Get legal help from trusted professionals http://ssbc-law.com/team-members/lori-k-serratelli/
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Saturday, December 20, 2014

Workers Compensation Attorneys and the Big Myths

Workers compensation attorneys in every state exist to help employees maintain their rights when they are injured at the workplace. They are a necessity because, too often, these rights would be trampled by companies who want to mitigate lost profits at any cost. In a perfect situation, the laws are followed to the letter and an employee is properly taken care of following an injury. But we don't live in a perfect world, and sometimes litigation is the only way to stand up for your rights. Unfortunately, there are many misunderstandings surrounding the concept of injuries and lost wages. Here are some of the biggest myths.

Pre-Existing Injuries

One of the biggest excuses a company will use to deny coverage is the existence of a pre-existing injury. Let's say you hurt your knee in a car accident two years ago. Yesterday, you re-injured the knee while on the job. Does your coverage disappear just because the knee had been hurt in an unrelated incident years ago? Absolutely not. Workers compensation attorneys fight this myth on a daily basis and more than one employer has been pinched for trying to exploit what they perceive as a loophole. Blaming an injury obtained elsewhere on a workplace incident is fraud, but that doesn't mean that pre-existing injuries aggravated at the jobsite are to be thrown out unceremoniously.


Not all myths surrounding work related injuries turn out in favor of the employee. It is a common misconception that a worker who is injured is entitled to their full pay when forced to sit out from the job. This is not the case (unless, of course, it is written into your contract). For the most part, employees are entitled to 70% of their full pay while sitting out with an injury. It could be more than that, depending on where you live and what the limits are in your state. Workers compensation attorneys in your area will know the laws regarding income and will be able to advise you more specifically.

Getting Fired

This, again, is not always in the employee's favor. There is a common belief that an employer cannot fire the employee for getting injured on the job. This isn't always the case. In fact, if you were doing something against the rules of employment when you were hurt, you can expect to be fired. Of course, that doesn't mean you don't have a case. Worker's compensation attorneys encounter cases like this all the time, and there is often more to the story. Don't make assumptions about your rights. See a lawyer and make sure you know what you are and are not entitled to.

When looking for experienced workers compensation attorneys Athens GA residents should consider the trusted professionals at http://mcdonaldcodycook.com.
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Wednesday, December 17, 2014

Finding and Meeting With a Workers' Compensation Attorney

Getting injured on the job can be a traumatic situation. Workplace injuries can cause an injured worker not only to be seriously hurt but also create a financial hardship. Workers' compensation laws vary from state to state. As such, any person that has suffered a workplace injury should consult with a workers' compensation attorney.

Workers' compensation was designed to provide remedies for an employee that has been injured on the job. Injured employees may be entitled to receive medical care, lost time, and even permanent disability benefits. In return for assured benefits employees do not have the legal right to file a lawsuit for an award from the court.

Although injured employees give up their ability to sue their employer they still have the right to obtain workers' compensation. Not all employees injured on the job will be approved for workers' compensation benefits. If an employee is denied or does not receive benefits that are appropriate for their situation they have the right to an appeal. A worker's compensation attorney specializes in workers' compensation laws and they can help an injured worker fight and obtain benefits.

Any attorney can choose to practice in the area of workers' compensation law. However, an employee that has a workplace injury will want to find an attorney that is experienced in this area of law. One way to find a reputable and experienced workers' compensation attorney is through the state bar association. The bar association will can help in locating attorneys in good standing as well as those who specialize in certain areas of law.

You can also find a reputable workers' compensation attorney by checking your local yellow pages. Many attorneys advertise in the yellow pages and this will give you a good starting point in locating a number of candidates. Attorneys that advertise in the yellow pages generally highlight their specific area of law so this is also a good way to narrow your search for an attorney who practices specific aspect of law.

Once you have selected a few candidates you will want to do an evaluation during your initial consultation that will help determine your selection. Your evaluation of the workers' compensation attorney should be based on a few factors. These factors are how well the attorney listens, their understanding of your situation, explanation of law as it applies to your case explained in laymen's terms, and your level of confidence in their representation of you.

You may also want to ask for references so that you can evaluate the workers' compensation attorney's work on previous cases. Former or current clients are good sources of references but attorneys may be reluctant to divulge client information because of its confidential nature. The next best sources of references are other attorneys.

It is extremely important to be prepared for your initial consultation with the workers' compensation attorney. It may be wise to prepare a summary of the facts and events surrounding your injury in chronological order before your consultation. The summary should include important information such as the date of your accident, exact name/address of employer, and details of your injury.
You may also want to bring any medical records, employee handbook, and if possible any witness statements. This will help your meeting go smoothly and also help in selecting a workers' compensation attorney.

For more information on finding the right general practice lawyers and to access more resources on workers comp attorneys visit our site today.
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Sunday, December 14, 2014

Tips About Child Custody Terminology

If you are separating from your partner, then you may be forced to enter into a battle for child custody or forced to fight for fair child visitation rights. The world of family law can be filled with confusing, technical terminology, but it is important that you learn the meaning of some of these terms, so that you can develop a proper understanding of what is going on with your family.

Legal Custody

Legal custody refers to the right to make legal decisions on behalf of your child. These decisions can include things like where the child goes to school, what medical care your child receives, what religion they practice and other decisions regarding their personal assets.

Joint Legal Custody

When parents have joint custody over a child, both parents (or two different people who have a relationship to the child) have equal rights to make decisions for their child. Any major decisions taken for the child should be agreed on by both custodians.

Sole Legal Custody

If one partner is given sole custody, they are given full power over the rights of the child. Whilst child visitation rights may be granted, the other parent does not have legal influence over the upbringing of the child, or the child's legal assets.

Physical custody

Physical custody refers to the right to have the child live with you are your residence. A person with child custody must ensure that the child is adequately housed. It is possible to have sole physical custody of a child or joint physical custody. In cases of joint physical custody, both parents must ensure that the child is adequately provided for. Even if you do not have custody of your child, you may be given the right to visit your child.


Mediation refers to the attempts which are made to come to an arrangement. Mediation sessions usually involve a neutral third party, who will seek to assess the facts of the case, whilst working with yourself and your solicitors to come to an arrangement which is suitable for all parties. Mediation sessions will always consider the needs of the children involved. This may have been arranged privately or through family courts.

Custody Arrangement

The custody arrangement is the agreement which is ultimately reached between all parties, relating to the legal and physical custody of the child. Because these arrangements are created based on elements which were negotiated during the mediation process, each family will have their own unique custody arrangement. As well as details of legal and physical custody, the arrangement may include a child visitation schedule, a vacation schedule, a schedule of festivities and holidays, and any other specific stipulations which may have been decided on. If the mediation has been formal and arranged through the courts, this custody arrangement will be subject to a court order.

Contempt of Court

If either party breaks the Court Order, they are said to be in Contempt of Court, and a family law judge may take action against that party.

Whilst child custody and child visitation rights can be a confusing issue, if you hire a professional family lawyer, they should be able to guide you. You can get more information from child custody in Orange County and child visitation in Orange County.
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Thursday, December 11, 2014

How Long Can You Stay on Workers Comp?

The last thing you expect when you go into work in the morning is an injury. No matter if you work in an office, on a construction site, or in a restaurant, every job carries some level of risk. Should you become injured while on the job, you may qualify to receive Workers Comp. Workers Comp allows you some financial compensation while you recover from your injury if you have to miss work. Depending on the severity of your accident, you may receive money to help pay bills and other essentials while you remain at home. How long, though, can you remain collecting such benefits?

The amount of time you may continue to receive Workers Comp benefits, naturally, depends on a number of factors. Because this program is regulated state by state, terms will vary depending on where you live. When you first come to work and receive orientation, your Human Resources manager should explain to you what the laws are regarding work injury at your new place of business.

Let's say you are hurt while on the job, and you qualify for WC benefits. How long will you receive them while you are out of the workplace? The answer depends primarily on your condition and recovery time. Your employer will not let you come back to work unless a doctor verifies that you are capable of returning to your regular duties. Until you receive the green light, you may continue to receive WC payments. It could take weeks, months, or even a year or more for you to full recover. However, if your employer has the means to put you in a different position - light or simple office duty, for example - you may come back to work and still receive benefits. Again, this depends on the laws where you live.

Can you be fired or laid off while you are on medical leave? It is possible. If you are injured at work and receive Worker's Comp, your company is not obligated to hold your job for you. A doctor can examine you and proclaim that your injuries will not allow you to return to your original job. Your employer, therefore, can decide if he wishes to dismiss you or find something else to do within the company. Bear in mind, though, that the status of your job should not affect your comp claim. You may continue to receive benefits while you find a more suitable position, but you definitely want to consult with somebody who can help you through this time.

Getting in touch with an attorney who specializes in personal injury law can help you figure out what you need to do when you are hurt, and how to reclaim employment.

Kathryn Lively is a freelance writer specializing in articles on Virginia personal injury law and Maryland personal injury law.
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Monday, December 8, 2014

Re-Opening a Prior Social Security Disability Benefits Claim

There are a number of reasons why a claimant should hire a Social Security disability attorney to help with a disability benefits claim. The more common reasons include but are not limited to: no up front fees, free consultations, gathering medical records, dealing with Social Security, and arguing in front of an Administrative Law Judge. One of the rarely talked about, yet very important reasons for hiring a disability lawyer is their ability to "re-open" prior claims.

What does it mean to re-open a prior claim?

The Social Security Administration (SSA) routinely denies disability claims. In fact, at the initial application level it can seem as though SSA is only approving claimants that are on the verge of death. Since so many people are denied, many claimants are second, third, or fourth time applicants. If your claim was denied at the Disability Determination Services (DDS) level (where the initial determination is made) and was not appealed, a disability lawyer may be able to "re-open" your prior denial without having to start from square one. The advantages of this specific method are plentiful. Re-opening a prior claim can result in more benefits, speeding up the process, and less documents back and forth.

Re-opening prior Social Security disability claims is governed by 20 C.F.R. 404.988, which can be found on the government website. While there are a number of ways a disability attorney can re-open a prior claim, one of the more straight-forward options is to do so within 12 months of the date listed on the initial determination, for any reason. There should be an emphasis on for any reason.

The second way a prior claim can be re-opened is if it is within four years of the date of notice of the initial determination and if there is "good case". Good cause is defined in 20 C.F.R. 404.989:

1) New and material evidence is furnished

2) A clerical error in the computation or recomputation of benefits was made; or

3) The evidence that was considered in making the determination or decision clearly shows on its face an error was made

Good cause for re-opening a case does not exist when the only reason is a change of legal interpretation or administrative ruling upon which the determination or decision was made.

There are many other ways that a case can get re-opened. If you have previously been denied disability benefits, you may have the option of re-opening the case rather then starting a new. It should also be noted that it is important to know whether you had originally applied for SSDI or SSI when you speak with a disability lawyer. Re-opening prior claims is one overlooked yet very important way a disability attorney can help you with your claim

Aaron Rifkind is a writer and attorney for Social Security Defenders LLC, who enjoys offering informational resources to the public. For more information on on Social Security disability benefits, feel free to contact Social Security Defenders LLC at http://socialsecuritydefenders.com.
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Friday, December 5, 2014

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.

If you're interested in hiring a workers compensation attorney, Gettysburg, PA, has Freeburn & Hamilton to help. To learn more about their services, don't hesitate to visit http://www.pa-injurylawyer.com/gettysburg.
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Tuesday, December 2, 2014

How To Find The Best Family Attorney To Handle Your Divorce

If you are considering a divorce, you may be at a loss about how to find the best family attorneys. If you haven't used any before, you might not even now where to look or how to choose one. The decision is a big one, because you will likely spend a lot of time and money with the finalist. Finding the right attorney to represent you in your divorce is worth a bit of time spent researching, so the divorce can go as smoothly as possible and you can move on with your life.

The first step in the search for best family attorneys is to ask family and friends in the area if they have suggestions. Be sure to ask what they did and did not like about working with the person they suggest. Using the people you know and trust as a resource could help you find a person with whom you can feel comfortable sharing all of the personal details of a divorce. If the list from those you know is too short, you could do a quick Internet search for qualified attorneys in the area.

The next step is to reduce your list to two or three options on a short list for best family attorneys. Remember that some of the suggestions made by friends might not be attorneys skilled in divorce, or in your particular needs. Just because your best friend's cousin is a lawyer doesn't mean you need to use them. The most important thing is to find someone that is a good fit and is highly skilled. It is also a plus if they are local. This means they likely know the area judges, local customs and procedures, as well as the other attorneys in the area, so processes can go more smoothly.

Once the short list of best family attorneys is ready, it is time to set up interviews with the finalists. Attorneys are typically paid by the hour, but a complimentary introduction meeting is standard in the business, so you can interview them and be sure you want to hire them. Before you go, make a list of questions or discussion topics. You'll want to discuss your personal situation and make sure they have successful experience working with someone in your position.

Consider how many children you have, the total assets you have on your own and with your spouse, and how well you and your spouse currently get along. You'll also probably need to bring some paperwork, so ask the attorney what they need ahead of time, so you are able to get everything together. This is also the time to talk about fee structures. Be sure to ask them for a complete schedule, so you will now how much the divorce will cost you.

Make notes about all of their replies and keep them together in a file, for your reference. Once you have met with everyone and have information about their personalities, how comfortable you were with them, their experience in your kind of divorce, and what they will charge, you can make an educated decision. Then, you can proceed with the divorce and with your life with confidence.

If you would like to learn more about best family attorneys in Houston, visit KoonsFuller. http://www.koonsfuller.com/
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Saturday, November 29, 2014

What a Social Security Disability Attorney Can Do for You

Sometimes, you can't handle all of the responsibilities of applying for Social Security disability benefits on your own. You need more help to ensure you have the proper documents in place, that you know how the system works, and that you have the proper legal support, should you need it. With a disability attorney, you can benefit from their experience in helping others who have been in the same situation as you are right now.

Help You with the Documents

Most of the time, you can handle the documents you need to fill out for a disability claim. However, if you're filling out documents for someone else, or you have a claim that might be considered unusual, it doesn't hurt to see what a disability attorney might say. They will work with you to show you what each document means, allowing you to fill them out properly, right from the start. You will also then be able to see where you may have gone wrong in the past so that you can avoid those sorts of problems in the future. With this said, your attorney will not be filling out the documents for you, especially when you can handle this task on your own.

Navigate the System

If you haven't already been a part of the Social Security disability system, you might not know how it works and how you are a part of the process. Instead of trying to navigate something that is too challenging, you can hire a disability attorney to help you in the process. They will look at what your goals are and help direct you to the final result you want to see. They might know shortcuts that other attorneys may not know, or different directions of which you are not familiar. They have the experience you need, and they can give you information that speeds up the process.

Represent You in Court

When you believe that your disability claim has been denied for no good reason, you can call on an attorney to help you manage your case. This support will allow you to present your case to a judge in order to receive the benefits that are rightly owed to you. Since you do not want to represent yourself, an attorney will step in and handle the legal process. They can argue your case, present the evidence, and make sure that you have the strongest possible case for your claim or claims.

Disability attorneys are especially helpful when you're trying to work on claims for a dependent or a relative. This representation will allow you to have a better sense of the steps you need to take and what is possible to help your loved one. But if you simply feel that your disability claim has not been denied for a good reason, it's time to talk to an attorney to make sure that you have the best chance of seeing your benefits.

If you live in Texas, and you've been denied Social Security benefits, consider contacting a Texas Social Security attorney for an initial free consultation. Social Security disability lawyers receive fees only when you win your benefits, so there's no risk to get professional help today.
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Wednesday, November 26, 2014

Sunday, November 23, 2014

Child Custody Lawyers Facilitate Parents Desire for Custody

When a parent is settling a dispute with their ex-spouse regarding child custody, lawyers who specialize in this area can be incredibly helpful. Their main goal is to protect the rights and interests of their clients and they are effective at achieving these aims.

According to laws across the United States following divorce both parents are responsibility for both caring for their children as well as supporting them financially. In most cases, the parent who is earning money will provide the support but the matter of custody will be determined based on eligibility of both parents. In the ideal situation, the parents work together and create a schedule that shares custody between both of them equally. Despite this, there are still disagreements and these can result in severe conflicts. In the case of a disagreement, parents should turn to child custody lawyers to help them settle each of the disputes and issues and reach an agreement.

The Process

Child custody lawyers are knowledgeable about laws concerning child custody and this allows them to follow the various legal procedures that are helpful in a particular case. The first step of these lawyers is almost always to have the parents cooperate so they can reach a settlement and to accomplish this goal, they will offer suggestions. In cases where cooperation seems impossible, the lawyers will turn to other procedures. No matter the legal procedures used, child custody lawyers will always consider the needs and interests of the child involved before reaching a settlement or conclusion. The lawyers will also consider the point of view of the parent who has hired them which is why each party should have its own lawyers.

Proving Eligibility

The court never grants custody to either parent (even the mother) without first considering the relevant information. In the past mothers automatically gained custody of their children but this is not always the case anymore. Working mothers in particular have to take the time to prove that they are eligible to be a custodian parent. Some parents are concerned about proving their eligibility and that is why it is good to hire a child custody lawyer. They are able to prove to the court that their clients are able to not only completely fill the physical and emotional needs of the child, but that they are able to do so more effectively than their ex-spouse.

When trying to gain custody, it is important for a parent to remember that they have already disagreed with their ex-spouse and because of this, both parties will be trying to prove their eligibility. Because of this, it is important to hire child custody lawyers who are experienced and highly skilled to increase the chances of winning custody. No matter what area of the country the lawyers are located in, they should follow the correct legal procedures as this is crucial to protect the interests and rights of their clients and win the custody case. The services of the lawyers mean that both parent and child are legally protected at all times.

Divorce is never easy and if there is a child custody issue before the court the stakes become even higher. Always the goal for any family law attorney is to not only put the safety of the child first, but also to find a pathway to a successful outcome without the type of rancor that will prevent uncomfortable or hostile future interaction.

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Thursday, November 20, 2014

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.

Peck Bloom is a premier estate planning firm in Chicago and its attorneys are some of the most experienced lawyers in the area. To speak with a live chat representative or to find a Chicago guardianship lawyer, visit http://www.peckbloom.com/.
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Monday, November 17, 2014

What Is a Prenuptial Agreement

There are two ways to define a marriage. One of these is having a legal agreement between two persons stating that they will be in the relationship as husband and wife permanently and together raise their own family. The other way is that it will be a sacred matrimonial ritual or ceremony.

In slang terms, a prenuptial agreement is also known as a prenup. This agreement is made before the couple is married. The agreement includes the division of the couple's property and alimony when they decide to separate and file for divorce. Therefore, this type of agreement simplifies the divorce process and equally benefit the two parties who are making one. But before you sign the agreement, there are some pointers that you need to know.

For the prenup agreement to be considered valid, the couple is required to complete a formal agreement in the form of a written document. It should be made of their own free will and without coercion by another. It is recommended that a couple completes and signs their agreement 30 days or more before their marriage ceremony. If the prospective husband or wife was pressured or rushed into signing the agreement, it can be ruled void and inadmissible in a divorce proceeding. The couple is required to declare all of their assets and liabilities in their prenuptial agreement too. Though there is no dispute existing between them, it is recommended that both parties have the final agreement reviewed by independent attorneys to make sure that the terms of the agreement are reasonable and enforceable under state laws. Then the prenup agreement must be signed by the prospective husband and wife. Their signing of the agreement must also be witnessed by two persons who then also sign the agreement.

Not only does a prenuptial agreement compel couples to deliberate the marriage's implications financially, they can also lessen the conflicts when the marriage ends in divorce. Those couples who have gone through a divorce having an agreement will attest that it is less expensive for both of the parties since there are fewer conflicts while in the process of dissolving their marriage.

That is not the only benefit of this type of agreement. In the event of death during the marriage, a prenup also protects the portion of money and property that has been bequeathed in a person's will to family or friends.

When you have decided that you want a prenuptial agreement to protect your interests, the best thing to do is to communicate your feeling to your fiancé and to help them understand this type of agreement is used to protect both of you.

This article was brought to you by Richie Hill on behalf of Legal Forms Bank.biz, a provider of low cost legal forms. You can download your state's prenuptial agreement or power of attorney form at their Website, fill in the blanks on your PC, and then print it out. It's that simple!
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Friday, November 14, 2014

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.

Contact the Des Moines workers' compensation lawyers of LaMarca & Landry, P.C.
Joseph Devine
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Tuesday, November 11, 2014

Working While Receiving Social Security Disability Benefits

Did you know that special rules allow you to work temporarily without losing your monthly Social Security benefits benefit? In this video, learn more about how the trial work period, and how it benefits disability recipients who still desire to work.

Saturday, November 8, 2014

Workers Compensation For Repetitive Strain Injury

Since the 1990s, the number of workers filing worker's compensation claims for a repetitive strain injury has exploded. A big reason for the increase in workers compensation claims is that many workers have spent increased hours on their computers over the past 2 decades -- leading many to develop carpal tunnel syndrome.

Wednesday, November 5, 2014

Advantages of Hiring a Professional Family Lawyer

Family lawyers are those persons to practice family legal issues and specialized in certain cases like child custody, divorce and adoption. They not only give advice on legal matters but also negotiate all the legal matters on the behalf of the clients. They are the most common type of attorneys found in the courts.

Recently, there are many family lawyers who claim for providing good legal support, but it is necessary to choose the proper person.

Here are some tips to consider before hiring a professional.

• Long Years of Experience

It is necessary to choose an expert who have long years of experience and working for the cases of family matters. Check all the certificates and degrees before appointing him/her.

• Reference

Appoint the lawyer through recommendation. This makes it easier to deal with the legal matter very easily.

• Previous results of work

Check the previous results of the person whom you are hiring. If the appointed legal representative has success stories before, he/she is the best fit for your case. A successful person solves your family problems perfectly.

• Rates

The legal representatives are generally expensive to hire. So before choosing the lawyer, discuss with the person about the fees. Hiring a legal person is stressful, but following these above tips the work becomes easier. You can hire a family law attorney at affordable price. The person has vast knowledge in this field.

Reasons of Hiring a Family Attorney

There are many reasons to hire a family lawyer. Let's discuss the advantages.

• Save time - These persons definitely save your time helping to complete legal works. You will not like to deal with paper works that surely takes much time. An expert takes all the responsibility and does all the legal formalities easier and in short time.

• Counseling - In several circumstances, the clients need a third person for detail and correct evaluation of the situation that the family members are going through. Most of the attorneys are good counselors also. They make the clients comfortable and relieved. They make sure that the legal decision that the clients take is not always due to high emotions, it has also legal reasons.

• Wide knowledge of the rules - They help in dealing with several family matters since these professionals have vast knowledge on them. A family legal representative makes his living by convincing the people, judges and the opposite parties about the demands of the clients.

• Emotional support - When family cases like divorce and child custody comes in front, these lawyers offer great mental support to the clients. They take all the workload and provide assistance on legal issues and make the clients free from stress and tension.

Thus, hiring a professional person can cast a significant impact. They act as a support and always stay at your side. They discuss with clients about the problems and give the proper solution. It is necessary to hire a family law attorney to get a good legal help.

Rajib KR Saha is a family law attorney from Atlanta and he also writes many articles on family related cases. He tackles all the problems of the clients very efficiently.
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Thursday, October 30, 2014

Four Common Issues of Social Security Disability Cases

Employment seems like a moderately sure thing, until it isn't. For some people, it's a developing or sudden condition or a debilitating injury that cuts into job performance. Tasks once easy to do become a challenge, while for others, arriving late on certain days because of a flare-up results in termination.

Social security disability benefits, or SSDI for short, may prove to be the life preserver needed, but filing has several challenges. If you plan to file for SSDI, either alone or with a lawyer, claimants frequently face the following issues.

1. Multiple Denials

It's now considered common knowledge that most filing for social security disability benefits the first time get rejected. However, depending upon the evidence provided, a claimant may be rejected multiple times. Working with a social security disability lawyer is said to improve the outcome somewhat.

Nevertheless, claims have perpetuated up to the federal court level. At this point, a federal judge either awards or denies benefits, or may send the claim back to a lesser court.

2. The Process Takes On Average a Year

Reviewing a claim takes the Social Security Administration (SSA) three to four months on average. Then, the claimant has 60 days to file for reconsideration. From this point, the SSA may take anywhere from four to six months to review the application and put together a reply.

If a claim is denied again, the claimant essentially repeats the process all over again. On average, anyone applying for benefits needs to expect the case to take at least a year, although claims may take longer.

3. The Issue of Working

Working as you file for SSDI becomes one of those issues in which a claimant wonders, "Will this influence the outcome of my claim?"

Quitting a job or hiding work activity because of a disability or injury, however, is considered questionable. In fact, it's recommended instead that the claimant continue some kind of employment while filing for SSDI.

On the other hand, claims may be rejected because the SSA believes a claimant has "transferrable" skills and, therefore, can find similar employment. In these instances, the claimant and any social security disability lawyer must prove he or she cannot work in a similar position.

4. Backlog

Backlog of claims increasingly affects the SSA. As a result, a claimant may find replies and scheduling hearings take longer, more evidence may be requested, or the organization may be more likely to reject a claim.

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Monday, October 27, 2014

What Really Happens in Divorce: Myth Vs Reality

It's common to feel afraid to get a divorce when there is so much information out there that is, well, just plain scary. It's like getting to the edge of a cliff and being afraid to jump off. Fortunately, most, if not all of this "information" is simply not true. You might call it pure myth.

Some of the most common myths I've heard include:

I will have to get a second job just to pay alimony.
A judge will force me to go back to work.
I will never see my kids.
I'm being "selfish" by not thinking about what divorce will do to my children.
I will lose all rights to my home if I move out.
If I hire a lawyer, my spouse will think that I want to "fight" and it will cost money that I don't have.

What you might not know is that there are a number of things you can do to gain a greater sense of control over how your issues will be resolved.

First and foremost, hire a good lawyer that concentrates in divorce and family law. In my opinion, hiring the right attorney is one of the most important decisions you can make when starting the divorce process. It is an investment that will pay off for you in droves.

For example, a skilled attorney can develop a rapport with your spouse's lawyer and work with him or her to gather the information you need to negotiate a satisfactory parenting and financial settlement - which means that you could avoid the court making the decisions that matter most to you. In addition to having greater predictability and control, you can save the time and expense, both financially and emotionally, of being dragged through lengthy and acrimonious litigation.

Second, invest the time to consult with a reputable accountant, certified financial planner, and perhaps a family counselor for any custody or parenting time issues. These professionals can give you a broader range of options to work with in terms of establishing a mutually agreeable parenting time schedule; how much alimony you can afford to pay and how to best leverage the tax benefits; or how you might maximize short term cash flow or save for retirement. The benefits are immeasurable. Then have your attorney work with these other professionals to strategize the best options for you in settling your issues with your spouse. The more options you see becoming available for you, the more confident and less afraid you will be.

Where do these myths come from anyway? Many tell me that they hear them from so-called well meaning family, friends, colleagues, friends of friends, neighbors, and so on. Ironically, you will find that the individuals who are spreading these myths have never even been divorced!

In short, it's best to avoid buying into the toxic myths circulating out there. In fact, don't even listen. Instead, associate with friends and family who support you in your transition through the divorce process. These individuals can help you recognize that your situation is unique and that the decisions you make in resolving the issues in your divorce are yours alone.

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Friday, October 24, 2014

Social Security Disability: How to Improve Your Chances of Being Approved

If you find yourself dealing with a long-term disability, one of the first places you should turn is the Social Security disability program. The benefits are essential for those who need them, but this highly complicated federal system can be difficult to navigate. There are things you can do to improve your chances of successfully establishing a disability claim with the Social Security Administration (SSA), and I hope to cover those in this and upcoming articles.

First, it's essential to understand SSA's eligibility requirements. Social Security does not allow for partial disability benefits-you are either disabled or not. You also must meet certain technical requirements regarding your work history and payment of Social Security taxes. You must prove that you are unable to perform any of the work you have done in the 15 years before you became disabled, and you must prove that you are unable to sustain the physical or mental demands of other jobs.

You must also have medical evidence and opinions about the symptoms and limitations caused by your condition, specifically how it affects your ability to work. The SSA will have its own doctors assess you, and to prove your disability claim, you must also present evidence, preferably from your treating doctors, concerning those limitations. You are strongly encouraged to enlist the services of an attorney who specializes in disability law. They have "been there/done that" time and time again and are in the best position to prove your case.

Beyond proving your disability, there are other factors that may affect the likelihood of approval of your claim and your long-term financial well-being. With 30 years of legal experience, I have learned that there are ways to improve your chances of winning a disability claim.

One key factor is your doctor's determination that you are in fact disabled and unable to work. If your claim is denied, it's because the SSD-assigned government doctors determined your medical conditions were not disabling. Under SSD law, the opinion of a treating doctor is given greater weight than those of government doctors. Therefore, it's essential that your doctor supports your claim and makes an accurate assessment of your limitations.

Second, it's important to continue seeking medical attention. Many disability claimants have difficulty affording continued medical care due to lost insurance or income. Nonetheless, you should seek the opinion of your treating physician, and provide a current record of treatment to prove your symptoms and limitations. You may also want to talk to your doctor about whether you should be evaluated by a specialist.

It's also important to follow your doctor's orders, as a failure to continue treatment can negatively affect the outcome of a disability claim. Likewise, be open and honest with all parties - including your doctor and the SSA. Inconsistent records will cause issues when it comes to getting your claim approved.

In addition to these issues, there are other factors that affect the likelihood of being approved. We will cover those further in upcoming articles. After practicing in disability law for nearly 30 years, I've learned a great deal about the intricacies of this system and hope to share those with you to simplify the process and to get the help you need, hopefully. Check out http://www.robertsonwendt.com for more insight. Robertson Wendt from The Law Offices of Robertson Wendt. Visit us today at http://robertsonwendt.com/.
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Tuesday, October 21, 2014

How To Choose A Family Law Attorney Properly

If you have come to a point in your life when you could use the services of a family law attorney you may be struggling with how to select the right divorce attorney. There are several differences in law firms that you can use to narrow your selections down.

Some of the factors that will affect your selection of a family law attorney are:


A divorce attorney has to be aggressive enough to go after what you want from the dissolution of the marriage. When you go to the free consultation visit you need to ask the divorce attorney exactly what they will do to represent you. You want them to answer with confidence, to have knowledge, experience, and determination. When you hire a divorce attorney you need a "pit bull" that will grab hold of the problem and not let go until they get what they want.


Even though a family law attorney works to help dissolve a marriage contract they must be compassionate to both parties. At one time the couple that is divorcing were in love, and there are other family members affected by the impending divorce, so the lawyer must be able to represent their client while maintaining a compassionate view of everyone else involved.


You need an attorney that will be available to handle the details of your case. When you call for a consultation at some firms you will have to wait several days, or even weeks. If the office manager has to call you and postpone your consultation visit you may be dealing with a law firm that does not have time to accept your case.


When you are comparing law firms that handle family matters like child custody, divorce, and trust funds, you want someone that has experience dealing with the issues you might be facing. You want a law firm that has dealt with many different types of family law matters so that they will be prepared to handle anything that might come up during your case.


Unfortunately you will have to consider the amount of money that the law firm charges to handle cases like yours. Legal representation can be quite expensive unless you carefully select a law firm that has prices you can afford. Some law firms have payment plans that they offer their clients, and some of them postpone payment until the divorce is finalized because the other party may be responsible for some of your legal expenses. You must bring up the matter of fees at your first meeting and establish how much you can afford before you decide on the law firm.


You need a lawyer that has offices close to you. There will be times when you have to go by their offices to drop off documents, or to be briefed on the latest developments in the case. You want to be able to go to these meetings without having to miss work, or rearrange your life too drastically. Try and find an attorney that is in the same town that you are.

A divorce attorney or family law attorney will help you through some of the most difficult times in your life. These professionals will guide you, council you, and represent you in the legal matters of a divorce. You can get more information from family law attorney reviews.
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Saturday, October 18, 2014

Benefits Of Hiring A Workers Compensation Attorney

Many injured workers asked the question, why hire a work comp lawyer? There are many reasons to hire a workers compensation attorney however I'll try to summarize the most important benefits to hiring a work injury lawyer.

The worker's insurance company will have a work injury attorney assigned to defend them against you and your work comp claim. Their adjusters and work injury lawyers are highly experienced and will generally circle around you. An experienced workers compensation lawyer who only represents injured workers can make sure you are being treated fairly and receive the work comp benefits you deserve if you have been injured on the job.

A local and experienced workers comp attorney can assist you with selecting the right doctor, negotiate with the insurance company and represent you at the Workers Compensation Appeals Board. Most workers comp cases settle before trial, and an experienced attorney can get you the settlement you deserve. If your case goes go to trial, you are going to want an attorney familiar with that court with years of trial experience. Representing yourself is not recommended unless you have years of workers comp experience and knowledge.

Hiring an experienced workers compensation attorney is cheap. A personal injury attorney will charge anywhere from 33% to 50% of your final accident settlement. Worker's comp lawyers generally work for a 15% fee of your final settlement. Because of the attorney's years of knowledge and experience, the lawyer generally pays for himself or herself by the value they bring to the work comp case. If your claim is denied, a work injury attorney can definitely help you.

A reputable and local workers comp lawyer will be familiar with your regional Workers Compensation Appeals Board and their judges. The Appeals Board is the court where your case will be heard. The work injury lawyer will save you from the work comp paperwork nightmare which is part of the system. You will no longer have to deal with a workers comp insurance company as your work injury attorney will take over that task for you. You will not have to deal with work comp carrier any longer. If you have suffered a work injury, you already have enough to worry about. Your work injury lawyer can also help you obtain benefits if you are unable to work as a result of your work comp injury. Those benefits may be in the form of temporary disability from the workers compensation insurance company or in the form of state disability payments in your workers compensation claim is denied.

Hiring the right local experienced Worker's Comp attorney, preferably a member of the California Applicant Attorneys Association, can help you navigate your case from beginning to end for the best possible outcome for you.

The Law Offices of Cleveland & Metz are workers compensation and personal injury attorneys that practice in California. The Worker's Compensation and California accident attorneys at Cleveland & Metz are sustaining members of the California Applicant Attorneys Association, which provides the highest level of education for work injury lawyers and provide advocacy for injured workers in the legislature.
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Wednesday, October 15, 2014

Filing for Social Security Disability: When to Get a Lawyer Involved

Out of all government programs offering assistance to individuals with disabilities, Social Security and Supplemental Security Income Disability are the largest. The two, however, differ. SSDI provides benefits to an individual and family members if the individual has worked long enough and paid social security taxes. Supplemental Security Income (SSI) issues benefits based on financial need.

In the application process, the Social Security Administration (SSA) requests medical and other information about an individual's condition and makes a decision if he or she meets the SSA's definition of disability. The definition covers three points: an individual cannot do the work he did before, he cannot adapt to another form of employment with his condition, and the condition is expected to last for at least a year or result in death.

65 percent of the time, however, the initial claim is rejected, and the claimant has to go through an appeals process. Because of the application's convoluted nature, a lawyer should likely be involved at this point.

Social Security applications are denied for both medical and non-medical reasons and are reviewed through a multi-step system. First, to be considered disabled, an applicant cannot be making $1,040 per month to be considered disabled. If he meets this criteria, his or her condition must interfere with basic work activities. If it does, the condition must be found on the SSA's list of severe medical conditions. If it does, it must interfere with his previous type of work and any other type of employment.

Most of the time, the notice of denial includes an explanation; however, the SSA typically denies claims for insufficient medical evidence.

Once a lawyer gets involved, and at the appeals stage once is essential, he or she can assist with gathering all materials for the application. Additionally, a lawyer's involvement increases the chances of claiming past-due benefits by 600 percent. Consultations with social security lawyers are free; however, if a case is won, he or she receives a fee, which is typically about 25 percent of all back pay.

In these cases, a lawyer attempts to prove an individual can no longer work and knows how to clearly prove a condition is a disability. Because of this, attorneys in this field take on cases involving individuals who meet the SSA's criteria but have been denied. Similarly looking at the SSA's guidelines, a lawyer will determine if a client is currently engaged in activity, has a severe impairment, has one or more impairments meeting or equaling the listed impairments, can perform past relevant work, and if there is any other work he or she can perform.

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Sunday, October 12, 2014

The Do's and Don'ts of Hiring Family Law Attorneys

It's always difficult to know where to go to for help when it's about legal matters. Hiring a lawyer is something we always associate with trouble or more specifically, getting out of trouble, which is why when we have to hire one, it always makes us break out in nervous sweat and feeling like we need to get this over with fast.

When you're going through a divorce for example, it can be really stressful because it isn't only your heart that breaks but that of your children as well. When the concept of "we" and "ours" suddenly turns to just "me" and "mine," it helps to know that there are people who have your back when push comes to shove. Also, with the many legal ins and outs that come with the process, it is important to hire the best lawyer to keep from it from being a long, drawn-out financial and emotional nightmare.

The most important thing to remember when hiring the best lawyers is do find someone who is not only a right "fit" for you but also someone who is competent and experienced enough in the matter you want them to resolve. Do remember that working with a lawyer you feel comfortable with and one you can talk to enables you to really tell them what you want, making the entire process easier to bear.

However, just because you can talk to your lawyer doesn't mean you can tell them all about your anger, frustration, pain and sadness. Don't ever think of your lawyers as therapists or life coaches because that is not their job. Since lawyers mostly get paid by the hour, it would be a serious waste of your money if you use your lawyers this way.

If this is your first time to hire a lawyer, do ask for referrals from family, friends and colleagues. There are private and sensitive information that you will be asked to disclose to help with your case so it is important your lawyer be recommended by people you trust. If you are still deciding on whether or not to get the divorce, it is best to consult with lawyers who are financial advisors, accountants or counselors so you can make more informed decisions.

Don't ask a family lawyer about his track record. Instead, select someone who will treat the situation with the dignity it deserves and one will try to cause the least amount of trauma for everyone involved. In this light, don't forget to ask the attorney as well if they can meet your needs and really help your case. Prior to the initial meeting, you should consider sending your potential lawyer by email the questions you want to ask as well as a brief history of the case. This will expedite the initial meeting so you can focus on more important issues.

And lastly do look for red flags. The lawyers who represent you should be professional, knowledgeable, responsive and communicates well. If for example you notice during your initial meeting that he tends to divulge personal information about past clients, chances are he'll do the same to you. If they aren't respectful of other divorce lawyers you are interviewing, chances are they'll be the same towards you. Make sure you lawyer treats you with the respect you deserve and gives you the attention you need during this hard time.

Getting the best legal help matters when it's your family that's at stake. Check out this post on family law firms Sydney to get a better understanding on how you can get the best legal help that's worth your time, money and peace of mind.
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Thursday, October 9, 2014

Modifiying, Changing, or Enforcing a Court Order in a Family Court

Modifying a family court order and enforcing a family court order are two different things but both are very important aspects of family law in America. Knowing what to do with a family court order differentiates a court order from a normal piece of paper. A court order carries with it the full faith and credit of the State or Federal Court and its laws. Violating one whether it's a family court order or civil court, can carry very serious consequences.

While modifying a court order varies from state to state, the principle is of modifying an order is universal, sometimes thing change and a court order must be changed to reflect this change. For example, if a person was ordered to pay $500 per week in alimony but five years later, that person suffers a bad accident rendering him or her unable to work, that situation calls for a modification of the original order or the person will be saddled with debt or be held in contempt for violating the order. Either situation is not good. The family courts in our country are also skilled in determining whether someone seeks a modification willfully and not because of a true change of circumstance like the example above.

  • What is the nature of the change that warrants a modification? Some family courts will not even consider your claim if it is shown to be a temporary change. The next question is, what is temporary and what is not? If someone becomes unemployed, how is that person to know whether it is short term or long term? The longer the person waits, the more he or she becomes backed up with money he or she owes stemming from the breach. Before sprinting to the local family court, it is wise to do research about the local laws and/or hire a local attorney who can advise you if it is worth pursuing or not. If the change is permanent, trying to modify the order as soon as possible is wise and will prevent a person from falling far behind in payments. While you may not get a court date for several weeks, at least you have let the court know that you have an issue and you need to be heard. Nobody can help you if you do not tell anybody so contact your local lawyer right away or if you are savvy enough, file right away.

  • I have a family court order for weekly alimony but the opposing side does not abide by it, does not care, what can I do?Once you have an order, you have the power to enforce it by bringing the breach to the court's attention. Again, a court does not know if someone is not honoring the law unless someone tells them. By filing an enforcement motion or enforcement application with the order attached to it, a person has the right to seek the enforcement of the order, to seek lawyer's fees that they paid their lawyer to bring the enforcement action, sanctions, fines, and/or to be found to be in contempt of court and in some cases sit in jail. If the person who owes you the alimony refuses to pay, the Judge can order that the amount be garnished from his or her wages each pay period, can order that any tax refund he or she receives be intercepted and given to you, can order that if he or she receives any rents or business income that someone be put in place to collect the funds and pay you the money that is owed to you.

  • In short, with an order, the court has many tools available to it that can help a person get what is owed to them. So if and when you get a court order, keep it in a secure place and be ready to use it if someone does not follow the order as soon as you can because there is a reason why the Judge ordered it in the first place.

This article has been written by New Jersey Family Law Attorney Santo V. Artusa, Jr., of the Jersey City Based Family Law and Divorce Law Firm Artusa Law Firm. If you have a family law situation in the state of New Jersey, visit our webpage on http://www.newjersey-familyattorney.com or by phone on 201-706-7910.
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Monday, October 6, 2014

Workers Compensation Attorney - What to Do When Injured

Though you should always rely on advice from a workers compensation attorney or someone in the legal profession before deciding which path to take following a workplace injury, there are some general tips you can use to make things much easier. When you do suffer an injury, you hope that your company's insurance plan will cover your expenses. In most cases, this will happen. But most is far from all. And you could very easily find yourself in a position where you need a lawyer. Here are some things you should do if you have an accident.

Don't Delay

One of the most important things you can do after being injured is start off on the right foot. That means making the proper notifications. If you are conscious after your accident, tell your manager that you were injured and make sure everything goes through the proper channels. Fill out a claim form and get it into your employer's hands. If you can't turn it in personally and have to mail it, do so through certified mail and keep your receipt as well as a copy of the form itself. Don't let your employer delay, either. Stay on them to file the form with the insurance company and make sure you get a copy of the report to keep with your records.


Depending on the circumstances surrounding your injury, your benefits may be denied. This is where you need to start thinking about hiring a workers compensation attorney. The further you go without legal assistance, the better your chances of making a mistake that can't be rectified. You will want to move quickly at this point, and one of your first steps should be to file an appeal. This means getting a hearing with the state board. You can do this yourself, but you will always be better off with a good lawyer by your side.

Save Everything

The best arguments in a hearing (or in court) are done with paperwork as a backup. If you don't have copies yourself, you may find that your company has lost them as well. This isn't good. It then becomes a he said, she said situation and this is not an enviable position to be in. Your company will certainly have lawyers on their side to make the case for denying the benefits. You need a workers compensation attorney to go to bat for your side of the story. But he will only be able to do so much if you don't have a paper trail that helps legitimize your claims. Throw nothing away until the case has reached its conclusion.

Talk to an Orlando workers compensation attorney if you've been injured on the job. A legal professional will help protect your rights: www.hornsbylawgroup.com.
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Friday, October 3, 2014

The Role of a Divorce Lawyer

Divorce lawyers are legal professionals that specialize in issues concerning legal separation, such as divorce, annulment and dissolution. Most of them are family law experts that focus on different issues associated with family and marriage, such as adoptions and wills. Couples who are going through the legal separation process are advised to maintain a lawyer that is highly knowledgeable with this procedure to protect their legal rights and possibly arrive at an amicable settlement.

People who aspire to become divorce lawyers should go to law school and take subjects on family law during the course of their studies. Furthermore, they should meet the criteria to practice law by passing the bar examination. Usually, bar exams consist of a written test and character assessment to make sure that the candidates are morally suitable to practice law. Once they are eligible, lawyers can look for a job in a practice handling family law matters so they can earn the experience they need in this field of study.

The primary duty of a divorce lawyer is to process the divorce papers after being hired by any of the parties involved in the divorce. There are some cases when a couple agrees to get a divorce and, in this situation, they may approach a particular lawyer jointly to request for legal advice and assistance. However, in a contentious divorce, the lawyer is consulted by only one party. After the party requesting for the divorce writes and signs the petition, this can now be served to the other spouse.
One of the main aspects of this area of expertise is the arbitration of a settlement, if a couple makes a decision to dissolve their marriage. The settlement will include the settlement of alimony, the division of assets, the discussions on child custody and child support. Divorce lawyers may also implement a prenuptial agreement or can participate in other divorce stipulations. For example, if a couple stored fertilized embryos as a result of an infertility treatment, the divorce lawyer of each party should be involved in any decision concerning these embryos.

When it comes to a contentious divorce, divorce lawyers may represent their clients in court and especially in specialized family courts that handle family-related concerns, such as child custody and adoption. They can also deal with other issues, like prenuptial agreement and post-divorce inquiries. Several couples believe that a firm prenuptial agreement leads to an easier and less expensive divorce process. Any good divorce lawyer can prepare a prenuptial agreement to protect all the assets of his/her client before her marriage. Moreover, their lawyer may be summoned to respond to post-divorce inquiries. As an example, a client may ask how to amend a divorce decree, when will she be allowed to change her name and how to change the payments for alimony or child support.

Are you looking for an experienced and competent divorce attorney to stand by your side? The professionals from Russel W. Ray, PLLC have what it takes to help you out and make the most out of every situation. Visit their website today and learn more about their divorce lawyer services!
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