Friday, February 27, 2015

Workers' Compensation Attorneys Can Help You Determine Your Eligible Benefit Payments

One area of the workers' compensation claim process that is not well known is that when an employee is injured on the job, the employee must prove that he/she is entitled to and is eligible to receive workers' compensation benefits. Since the initial burden of proof of eligibility is on the injured worker, an experienced workers' compensation attorney can provide extensive assistance in compiling the necessary information at the very beginning of the claim process and making timely submittals.

In general, the items that must be proved in filing a workers' compensation claim include, but are not necessarily limited to:

  • That the injured employee notified the employer of the accident or injury within the time limit set by law.
  • Showing that the employer was and was required to be covered under the Workers' Compensation Act on the date of the accident.
  • That the medical conditions for which benefits are being claimed was caused or aggravated by the on-the-job accident.
  • That the injured was employed by the employer when the injury occurred. This is especially important for independent contractors.
  • That the injuries were sustained while performing authorized work for the employer.

As with any program in which potentially large sums of money may be paid out, significant disagreements over initial level of eligibility or the continuation of eligibility can arise even after the initial proof of claim is properly documented and submitted.

Eligibility for initial or continuing benefits may be disputed over issues regarding, but not limited to:

  • The type and severity of the injuries or disability
  • The extent to which the employee's claimed work restrictions are related to the claimed injury
  • If the prescribed treatments were justified/required
  • The submitted costs of treatment, therapies and medications
  • If or if not the employee can perform his/her former job and what work is the employee capable of performing
  • Terminated benefits and/or termination from employment

Providing counsel and expertise to resolve these and other areas of dispute is where a workers' compensation lawyer can be of invaluable assistance. It is in any employee's best interest to retain an experienced workers' compensation attorney to advise and help the employee through the claim. A workers' compensation lawyer is the advocate who has the expertise to help obtain the benefits to which the employee is legally due.

The law office of Oxenburg & Franzel has successfully represented injured workers since 1978. Whether you or a family member are just beginning the claim process, looking for help on a complex workers' compensation claim issue or requiring only a consultation, your PA workers compensation attorney at Oxenburg & Franzel has the experience and capability to handle any claim issue. Contact a Pennsylvania workers compensation attorney at Oxenburg & Franzel for a free consultation and put their workers' compensation attorneys on your side.
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Tuesday, February 24, 2015

Social Security Disability - Building Strong Medical Evidence

Social Security requires a lot of paperwork when an individual applies for Disability or SSI. Some of the paperwork deals with identification and personal information, work history, daily activities, and related data. Much of the paperwork, however, relates to medical information. This is because Social Security relies heavily on medical records as evidence. If you want to be approved for Social Security disability, you need to know how to build your medical evidence. The stronger the medical records, the stronger the claim. Here are three tips.

Tip #1: Choose the right doctor(s).

Regardless of your specific disability, you will need medical documentation. The only way to do this is to visit at least one physician. Ideally, that would be an experienced, respected doctor in the field of your disability. The more specific the doctor to your disability, the more credibility he or she will have. For instance, if you claim to have back problems, but only see an MD for treatment, your records will probably not contain much useful information other than pain medication. If you have seen a surgeon or spinal specialist, for example, those records will be very valuable to Social Security. A chiropractor or physical therapist is usually not very helpful to a disability claim.

A combination of different doctors is usually a benefit as well. A disability applicant who has migraine headaches and depression, for example, would ideally have seen an MD for the headaches and a psychiatrist or psychologist (or both) for the depression. If you have seen several MDs but none have given sustained treatment, your medical records will be weak at best, full of personal information and initial data that Social Security already knows.

Once you have chosen a physician, make sure he or she is supportive of your applying for disability or SSI. If they sincerely care about your condition and want to help, they will offer to provide medical records and complete any forms necessary. Unfortunately, some doctors are somewhat willing to assist, but are reluctant to fill out forms and give an expert medical opinion. This may be due to a fear of having their credibility questioned and their license taken away (which rarely, if ever, happens). Discuss this with your doctor, and if he or she is unwilling to help, ask if it is because he or she believes you are not disabled, or if it is because they worry about the effects it will have on their practice. With luck, your doctor will be excited to help you get on disability, and there will be no problem.

Tip #2: Be mindful of what is in your medical records.

Once your doctor knows you are applying for Social Security disability, he or she should understand the importance of your medical records. Ask to be tested in any way that may shed light on your disabled state. If you cannot sit for long periods of time, or have to lay down often, discuss it with the doctor and see if he recommends treatments, tests, or restrictions. If there is a medication that may help, discuss it with your doctor. Some of Social Security's medical listings require that you try medications for awhile to see if they help. If your condition does not improve, that can strengthen your disability claim even more.

Make sure your doctor is given a Residual Functional Capacity Evaluation (or Mental Capacity Evaluation if applicable) to complete. If he or she can't answer any of the questions, ask to be tested for that purpose. If he or she reviews the questions on the form and believes that you are not disabled, you are entitled to look elsewhere for another opinion. And finally, make sure that your medical records are submitted to Social Security. Some medical clinics neglect to do so, and it often hurts their patients' disability claims.

Tip #3: Ask for a legal opinion.

Whether you decide to hire a disability lawyer or not, it may be helpful to consult with an expert about the strength of your claim. Disability attorneys are unlike other attorneys, who charge you for each minute of their time. Social Security only allows disability lawyers to charge if you are approved, and then it is always 25% of the back pay, not an hourly rate. If you call a disability lawyer and explain your situation, he or she should be able to give an opinion on the strength of your case, and will probably know instantly what Social Security will need to approve your claim. Disability lawyers usually have the necessary forms for your doctor on file, and may even know your doctor personally. It is definitely worth looking into, regardless of whether you hire him or not.

Wherever you are in the disability process, best of luck.

Becca has been involved in the Social Security world since 1995 and enjoys watching the program change peoples' lives.
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Saturday, February 21, 2015

Questions to Ask Your Divorce Lawyer

For many couples it is hard for them to admit that their marriage is over and that it is time for each to move on with their lives. When deciding to get a divorce some people agree to it and it can be amicable but for others there may be hate for their spouse, which is why one or both sides look for divorce lawyers. Getting a divorce does not just mean legally getting rid of their spouse but can also involve child custody, division of bills, division of assets, and property. It can be a painful and stressful time for both parties to go through.

In order to retain the services of a divorce attorney there are some qualifications that you should look for. Good divorce attorneys should:

• Work effectively and efficiently for their client

• Be able to prepare their client for court appearances and proceedings

• Be able to answer any questions their client has promptly and not give answers that are ambiguous

• Be a good communicator and negotiator

• Have a practical approach to the court proceedings and avoid having any biased opinions.

• Be reliable and have good credibility

• Have experience dealing with all types of divorce cases.

When looking for divorce attorneys you should not just pick one out of the newspaper, out of the phone book, or who is advertising on television. Take the time to check them out before you make your choice. If the need arises, visit two or three divorce lawyers with a list of questions to ask them and once you have the answers take time to go over them along with their answers to help you make the right choice.

Some of the questions that you might consider asking them can include:

• How long they have been a practicing divorce lawyer and do they specialize in family law

• How many of the cases they have worked on have been divorce cases if they are a general lawyer

• What is their strategy while handling divorce cases

• If the case goes to trial will the lawyer have anyone assisting them

• What their charges are and if they charge per hour or per meeting, what they need for a retainer fee and approximate total cost for the divorce

• What extra expenses will you be responsible for

• How will the lawyer communicate with you in regards to the details of the case

• How will the divorce lawyer handle child support and custody if children are involved
These are just some general questions to ask. Every divorce case is different so there may specific questions you want to ask about your divorce.

This article is penned by Avisha Jain for the husband and wife combine family law firm Schreier & Housewirth. Greg Housewirth and Holly Schreier are both divorce attorneys with offices located in Dallas and Forth Worth, Texas. With 25 years of experience handling divorce cases, child custody cases etc you can trust them to help you with your trail. For more information visit their website.
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Wednesday, February 18, 2015

The Challenges of Applying for Social Security Disability

Insufficient information about the applicant's condition is one of the primary reasons that the Social Security Administration will deny a claim for benefits. Unless you are able to supply full and convincing evidence to prove that you have a physical or mental disability which makes it impossible for you to continue working, your application will probably be denied.

Ideally you will be able to submit a thick folder of medical records to document the development of your condition and the fact that you have been actively seeking treatment, but this is often not possible due to the fact that the applicant cannot afford health insurance. This poses a paradox: If your disability makes it impossible for you to pay for health care, how can you build the medical history to prove that you have a disability? Many people in this position seek care at local clinics for low-income patients or by working with doctors who cater to people seeking SSD benefits.

Beyond the task of proving your eligibility, you may also encounter difficulty in moving your claim through the system. The Social Security Administration states that the average claim should take between 3 and 5 months from the date of submission to the final decision. In practice, it is common to spend over a year waiting to learn whether you have been approved for benefits. Sometimes an application will get bogged down, and it is often helpful to make regular contact with the local Disability Determination Services office to ensure that they receive any additional information which may be necessary to expedite approval of the claim.

Given that you have a 2 out of 3 chance of being denied in your initial application, the odds are that you will have to request Reconsideration of your claim. Most applicants have to proceed to the next step of appeals, a hearing with an Administrative Law Judge, before being approved for benefits. If you are still denied, you may have to take your claim to the Appeals Council or even to a Federal Court.

The Social Security Administration allows applicants to hire legal representation to assist with the claims process. If you choose to do so, you may be able to avoid many of the common pitfalls which could force to you wait longer than necessary to receive benefits. To maximize your chances of success in your application, you should only choose an attorney whose practice is focused on Social Security Disability claims.

Disability Action Advocates has spent more than 15 years helping people from all walks of life with the challenging and often frustrating process of claiming Social Security Disability Insurance benefits. The team at DAA will assist you with every aspect of your claim, from helping you gather the necessary medical records and other evidence to fighting any attempt to delay or deny your benefits. A Las Vegas social security attorney from the firm will represent you if it is necessary to make an appeal of your claim, even going to Federal Court when it is appropriate. Their goal is to help you receive the benefits you need and deserve as quickly as possible.
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Sunday, February 15, 2015

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.

When it comes to child support, Bayonne, NJ residents can learn more by visiting
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Thursday, February 12, 2015

How Divorce Lawyers Can Help

Navigating your way through a marriage break-up can be a harrowing experience. Issues with property division, spousal and child support, and custody can be challenging to resolve when you already have difficulties getting along with your partner. Divorce lawyers have training and expertise that enables them to assist people through this difficult process.

Explaining Your State Laws

Every state has individual and specific family laws that govern the process of marriage dissolution. By practicing in your state, divorce lawyers have knowledge of these laws, making them experts in the field. It's likely that your state will have requirements that you will have to follow to proceed through the process. By hiring an expert, you won't need to worry that you have overlooked something important.

Navigating the Process

Divorce lawyers understand the process in great detail. With an attorney on your side, you can sit back and know that every step will occur according to the prescribed process. For example, the task of dividing property will depend on your state's marital property law. Your attorney will have expert knowledge of these laws to help you move through the process as quickly and painlessly as possible.

Exploring Entitlements

With the dissolution of a marriage, there may be some benefits to which you are entitled. For example, you may have a right to a portion of your spouse's pension. You could also be entitled to spousal support or alimony. Your attorney will have skills for examining the unique factors of your situation to determine whether you have financial entitlements that should be included in the agreement.

Resolving Debts and Assets

If you incurred debts together with your spouse, part of the agreement will need to include resolving these debts equitably between the two of you. It's also important to account for all of the assets that belong to the marriage, because the value of the assets must be divided equitably between the two parties. Divorce lawyers have the expertise to enable them to resolve these issues effectively.

Custody Arrangements

When children are involved, one party may have sole custody or both parties could share custody. Navigating this situation can be challenging for everyone due to the likelihood for strong emotions. An impartial third party, such as an attorney, can provide beneficial assistance in making decisions about custody arrangements.

Negotiating for Settlements

Once you iron out all the details of what you want out of a divorce, it's time to negotiate with the other party to make a settlement. Legal representation can simplify this process because the professionals are experts in negotiation. It's even possible that you will receive a better settlement in the end when you allow an attorney to negotiate on your behalf.

Emotions can run high during a divorce. Removing yourself from the emotional entanglements and allowing your legal representative to handle the tough issues can be a sanity saver for many people. You might even avoid having to see your former spouse in some situations by having your attorney handle things for you.

Harrisburg, PA residents looking for dependable divorce lawyers turn to Serratelli, Schiffman & Brown, PC. Learn more at
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Monday, February 9, 2015

Trouble With Your Claim? Hire A Workers Compensation Attorney

Everyone seems to think that filing a workers compensation claim is very easy and straightforward. It can be, for the most part. With the all of the anti-fraud measures that are in place, however, sometimes those who have a legitimate claim often end up with their case being denied. Since you only get one chance at an appeal, it is best that you make use of a valuable resource that is also your secret weapon: hire a workers compensation attorney.

When it comes to filing an appeal, you are going to need to get your hands on some documents that you may no longer have in your possession. Meanwhile, there are some strict deadlines that must be adhered to in order to avoid having your appeal denied outright. Since it may take you some time to get your hands on those important documents, a workers compensation attorney is needed. He or she can subpoena the documents you need and have them on hand for your arbitration.

It is important that you have a workers compensation attorney in whom you can place your total confidence. After all, you only have one more time to prove that you deserve your workers compensation settlement. If you want to prove that your employer has lied, or that the compensation board is not taking into consideration all of the facts that are needed to make a good determination about your case, then you will want to ensure that you have a professional at the helm.

Having a workers compensation attorney at your side is invaluable when you are facing the authorities in control of whether or not your claim's previous decision can be overturned. Since you can't afford for things to go badly, you need someone who will speak and act on your behalf.

You may feel as if you can't afford to hire an attorney, but if you look at the situation and see that you could end up losing all of your income, you will see how important it is for you to hire one. It is a relatively small expense to manage when you look at the bigger picture. You don't have to spend your time worrying about whether or not your case is going to be ruled in your favor. You know that since your lawyer has taken charge of your case, every piece of proof you need is going to be provided in a timely manner.

The bottom line is if you don't want to lose your appeal and have your workers compensation case ultimately denied, then you need to make sure that you seek out the expert advice of a lawyer who specializes in workers compensation claims. He or she can tell you what needs to be done and whether or not having an attorney will be the factor that gets everything resolved in a manner that works for you. Your lawyer can also make sure that you are awarded a proper amount. Nowadays, it is common to be awarded less than you deserve. Give yourself the best chance with the best legal counsel.

For a workers compensation attorney athens ga claimants can count on, visit today.
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Friday, February 6, 2015

Top Benefits of Hiring A Social Security Disability Attorney

When you hire a ssd attorney to represent your claim for social security benefits, you obtain the added advantage of reassurance. Not every application gets successfully processed. On the contrary, many of them are denied and having a specialized attorney by your side can turnaround things effectively in your favor. Social security disability insurance, as a matter of fact, is a part of the Federal social security program that has been designed to provide monthly payments to those who have been deemed to be physically or mentally impaired and cannot gain from any substantial employment activity.

Need to hire a ssd attorney

To qualify for filing a claim you need to be eligible as per the criteria laid down by social security administration. When there is no disability insurance coverage available in your area, the only assistance that can be obtained is the state's assistance. But every year the state witnesses an overwhelming response in terms of applications thereby leading many of them to rejections and denials. Statistics show that more than 80% of the applicants fail the first time they apply. The process to proceed after a rejection is complex and therefore, many find the need to hire a ssd attorney. With the help of an attorney, you can increase the likelihood of a successful outcome.

In the unfortunate case that your application is rejected, you have the right to appeal against the decision. You can do this all by yourself or seek help from a specialized attorney. The appeal process consists of

(1) Reconsideration that is done by a social security officer.

(2) The hearing is an opportunity to show more evidence and is handled by an administrative law judge.

(3) Appeals council review that is done when the decision of the administrative law judge is disagreed with.

(4) The Federal court is the last stop for disagreements and continues to prevail.

However, it must be observed that while the appeals process has been framed to offer just and equitable decisions to the public at large, you would still need an experienced ssd attorney to present your case effectively. This attorney can help in minimizing anxiety, stress and worry that are otherwise a part of having no legal representation.

What does your attorney do?

In the event of denial of your claim, a qualified specialized attorney will be able to provide representation and facilitate you in the process of appealing and can obtain both past due benefits and continuing awards. As already stated, at least 70 percent of initial claims are denied and you will likely have to go to a hearing. The role of your attorney is significant here since he understands important parameters that can lead to approval of your claim.

Adhering to strict medical requirements and producing sufficient proof that qualifies your disability is important. Documentation and other correlated procedures can be put in place with the help of your ssd attorney. When his services are so crucial, the need to hire one who is both efficient and with whom you can build a comfortable relationship becomes critical.

It's wise to know what you need to qualify, what to do if you've been denied a claim, and things to be careful of when filing. On this social security disability site you will learn about medical conditions to qualify, and will help you win your claim! Make an educated decision when looking for the right ssd attorney to help you win your claim.
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Tuesday, February 3, 2015

Workers Compensation Attorneys - They May Not Sound Like the Best Option, But They Are

There is a vast need for workers compensation attorneys and the plethora of services that they provide to those injured or otherwise disabled while on the job.

The workers comp laws in place across the country will differ in some degree from state to state, and it is therefore important that you seek a firm or lawyer that is familiar with and licensed to practice in the state where your claim is in process.

Many choose to find and hire a workers compensation attorney directly after an incident or accident, as this can be the most crucial and pertinent time to discover and begin protecting your rights under workman's comp laws.

In order to find a workers compensation attorney, you have many options.

One of the fastest and most convenient ways of doing so is by initiating an online search, and you should be sure to include the name of your state within the search name. this will help to narrow your results toward those attorneys who are familiar with the laws and regulations that govern your particular case.

If you feel that there may be issues with your claim, it is best that you hire an attorney before you contact your employer or the state with a claim, as this can help to properly document and represent your injuries and the circumstances under which they occurred.

Because of the nature of many workers comp cases, there can be a great many mistakes made that will potentially slow down or hinder the progress of your benefits, and in these cases it is always a good idea to involve an attorney, even if it is late in the game.

Based on what has thus far come to light, your workers compensation attorney can help to sort through what has gone wrong and bring light to those things that you may have missed along the way.

Workman's comp can be very tricky, and the improper representation of your rights and the events can result in permanent termination of benefits.

There are also many opportunities for the savvy employer to trick the injured worker out of workers comp benefits altogether, such as the use of restricted duty positions that lead to layoffs just after the benefit deadline has passed.

Everyone would like to believe that such actions would never happen within their workplace, but there are so many cases of this type of fraud that one must be constantly guarded and working to protect their own rights. Workers compensation attorneys are the right solution for these types of situations and should be brought in quite early.

There are all instances where a law suit against an employer is in order, and these cases will always require a lawyer who will work on your behalf against such illegal actions.

There should never be a case where an employer fails to carry workers comp insurance, and any injuries incurred while this coverage is not in place should be taken to a higher authority with the assistance of a lawyer.

To discover more information about compensation attorneys [] have a look at Attorneys []
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