Fathers often face uphill battles when it comes to obtaining joint custody rights with the mother of the child. While biases that favor giving custody to the mother have faded, fathers may still have to work harder to protect their legal rights in some cases.
Tuesday, June 30, 2015
Fathers' Custody Rights
Fathers often face uphill battles when it comes to obtaining joint custody rights with the mother of the child. While biases that favor giving custody to the mother have faded, fathers may still have to work harder to protect their legal rights in some cases.
Saturday, June 27, 2015
Eight Workplace Injuries That May Require A Workers Compensation Attorney
Employees in any industry are exposed to workplace hazards that
can lead to injury. A workers compensation attorney can help these
people present their case and get the financial and medical benefits
they need. While nearly any injury or illness may be represented, here's
a list of eight of the most common types of cases that a workers
compensation attorney sees on a regular basis.
1) Falls - This is one of the most common issues that occur for people who work in an office. In fact, the number of annual occurrences for office falls and slips is approximately 25,000 cases per year.
2) Burns - There are many types of burns, including those caused by chemicals, electrical exposure, and flames. Some examples of professionals who are a high risk for this type of injury include nurses, electricians, and those in the food service industry.
3) Crushing Injuries - This is a common office concern that may result from tall bookshelves being over-burdened and falling over. Office employees are eligible for the same benefits as those in other professions that may be considered higher risk, such as construction or law enforcement.
4) Heart Attacks - People who work in hard labor positions may be pushed too hard in extreme conditions, such as highly physical work in very high temperatures. These conditions can lead to a heart attack or other serious medical problems, such as hypertension.
5) Motor Vehicle Accidents - Employees in the construction field are often at risk of being struck by a motor vehicle. Whether the accident results in serious injury or even death, a workers compensation attorney can represent the injured party and his or her dependents to ensure they get financial support from the employer.
6) Foot Pain - Nurses and other professionals in the medical field very frequently experience foot pain due to the long hours they spend working on their feet. Those who work too many hours or who aren't given appropriate breaks and time off may experience unbearable pain and become unable to work.
7) Back and Spine Injuries - Employees in many fields are prone to back and spine injuries. Some of the most common victims include construction workers or physical laborers who lift very heavy objects, as well as healthcare professionals who stand on their feet for many hours every day. A workers compensation attorney will work with victims to gather information about the working conditions and hours worked when preparing a case.
8) Carpal Tunnel Syndrome - This debilitating issue can stop a person from being able to work on the computer or do other necessary tasks associated with their job. Cases of Carpal Tunnel Syndrome and other repeated use injuries are often linked to poor ergonomics at a desk. This could mean typing at an awkward angle, repetitive and constant use of a computer mouse, or having poor posture at the desk.
1) Falls - This is one of the most common issues that occur for people who work in an office. In fact, the number of annual occurrences for office falls and slips is approximately 25,000 cases per year.
2) Burns - There are many types of burns, including those caused by chemicals, electrical exposure, and flames. Some examples of professionals who are a high risk for this type of injury include nurses, electricians, and those in the food service industry.
3) Crushing Injuries - This is a common office concern that may result from tall bookshelves being over-burdened and falling over. Office employees are eligible for the same benefits as those in other professions that may be considered higher risk, such as construction or law enforcement.
4) Heart Attacks - People who work in hard labor positions may be pushed too hard in extreme conditions, such as highly physical work in very high temperatures. These conditions can lead to a heart attack or other serious medical problems, such as hypertension.
5) Motor Vehicle Accidents - Employees in the construction field are often at risk of being struck by a motor vehicle. Whether the accident results in serious injury or even death, a workers compensation attorney can represent the injured party and his or her dependents to ensure they get financial support from the employer.
6) Foot Pain - Nurses and other professionals in the medical field very frequently experience foot pain due to the long hours they spend working on their feet. Those who work too many hours or who aren't given appropriate breaks and time off may experience unbearable pain and become unable to work.
7) Back and Spine Injuries - Employees in many fields are prone to back and spine injuries. Some of the most common victims include construction workers or physical laborers who lift very heavy objects, as well as healthcare professionals who stand on their feet for many hours every day. A workers compensation attorney will work with victims to gather information about the working conditions and hours worked when preparing a case.
8) Carpal Tunnel Syndrome - This debilitating issue can stop a person from being able to work on the computer or do other necessary tasks associated with their job. Cases of Carpal Tunnel Syndrome and other repeated use injuries are often linked to poor ergonomics at a desk. This could mean typing at an awkward angle, repetitive and constant use of a computer mouse, or having poor posture at the desk.
Do you need the services of a workers compensation attorney? Pottsville, PA, residents who were hurt on the job can consult with a lawyer from Freeburn & Hamilton. For more information, visit: http://www.pa-injurylawyer.com.
Wednesday, June 24, 2015
How to Determine If You Are Eligible for Social Security Disability Benefits
If you are applying for Social Security disability benefits, you
might get overwhelmed by the complexity of the system. Before you are
able to apply, you need to determine if your disabilities qualify you
for disability benefits. While you and your doctor may believe that you
are eligible, you need to fit under Social Security's definition of
"disabled" in order to be granted benefits.
Here are the five steps used to determine eligibility for Disability benefits:
1. Are you currently working?
In general, averaging more than $1,000 a month in earnings will disqualify you from receiving Social Security disability benefits. There are a few exceptions, and we recommend consulting with an experienced, local disability lawyer.
2. What is the severity of your disability?
In order to receive Social Security benefits, your disability must be severe enough to prevent you from working and performing other basic activities. A good disability lawyer will spend time with you and your doctors developing a plan to document your condition and prove that your are severely disabled.
3. Does your disability match up with one of the health problems recognized by the Social Security Administration?
The Social Security Administration recognizes several health conditions that qualify you for Social Security disability benefits. However, it is important to note that the list is only a small percentage of eligible disabilities. Among the most common include:
An experienced disability attorney will help you determine if your condition qualifies for Disability benefits. It is crucial you provide the proper documentation to your lawyer so that they can get a proper representation of your conditions.
4. Are you able to continue working at your previous job?
It is important to show that you are not able to continue to perform your previous job. To do this, you will need an expert witness to appear at your hearing to discuss your physical or mental limitations. In fact, the Social Security Administration might bring in their own expert to testify against you, so it is imperative you have a disability lawyer prepared for a cross-examination.
5. Are you unable to perform any other jobs?
After you prove your inability to perform your previous job, the SSA might consider other jobs that you are able to do. Several factors are included in making this determination, including your previous work experience, age, education level, and disability status.
For those applying for disability benefits, it's important to hire an experience disability lawyer to represent you at your hearing. They will help you present a compelling case in order to increase your chances of winning disability benefits. An experienced attorney specializing in disability claims will offer a free consultation and not collect any fees until you win Social Security Disability benefits.
Here are the five steps used to determine eligibility for Disability benefits:
1. Are you currently working?
In general, averaging more than $1,000 a month in earnings will disqualify you from receiving Social Security disability benefits. There are a few exceptions, and we recommend consulting with an experienced, local disability lawyer.
2. What is the severity of your disability?
In order to receive Social Security benefits, your disability must be severe enough to prevent you from working and performing other basic activities. A good disability lawyer will spend time with you and your doctors developing a plan to document your condition and prove that your are severely disabled.
3. Does your disability match up with one of the health problems recognized by the Social Security Administration?
The Social Security Administration recognizes several health conditions that qualify you for Social Security disability benefits. However, it is important to note that the list is only a small percentage of eligible disabilities. Among the most common include:
- Chronic Pain
- Chronic Fatigue
- Heart Disease
- Diabetes
- Post-Traumatic Stress Disorder (PTSD)
- Depression
- Bipolar Disorder
- Cancer
- Rheumatoid Arthritis
- Fibromyalgia
- Hepatitis C
- Multiple Sclerosis (MS)
- Spinal Injuries
- Lupus
- Lung Disease
An experienced disability attorney will help you determine if your condition qualifies for Disability benefits. It is crucial you provide the proper documentation to your lawyer so that they can get a proper representation of your conditions.
4. Are you able to continue working at your previous job?
It is important to show that you are not able to continue to perform your previous job. To do this, you will need an expert witness to appear at your hearing to discuss your physical or mental limitations. In fact, the Social Security Administration might bring in their own expert to testify against you, so it is imperative you have a disability lawyer prepared for a cross-examination.
5. Are you unable to perform any other jobs?
After you prove your inability to perform your previous job, the SSA might consider other jobs that you are able to do. Several factors are included in making this determination, including your previous work experience, age, education level, and disability status.
For those applying for disability benefits, it's important to hire an experience disability lawyer to represent you at your hearing. They will help you present a compelling case in order to increase your chances of winning disability benefits. An experienced attorney specializing in disability claims will offer a free consultation and not collect any fees until you win Social Security Disability benefits.
Gary Penar is a Disability Lawyer based in Cour d'Alene, Idaho. He serves the entire state, and offers a free consultation of your claim on his website at http://www.garypenar.com
Sunday, June 21, 2015
Know How To Choose A Good Workers Compensation Attorney
Accidents do not happen with a warning, they just happen. If you
were a victim of any injury that occurred while you were on job, who
would pay your medical bills? What if you had to stay away from work
because of any of the injuries? Who would compensate you? For all these
questions there is only one answer, a worker's compensation attorney who
would help you get the compensation you deserve. Here is how you can
find one.
Ask around for referrals about good attorneys
Call the bar association in your state or city. Almost every bar association has an attorney referral service. You may also consult an attorney that you know through your church, or an accountant, realtor or other professional. These people have to work with this type of lawyers sometimes, and are likely to have some good leads at hand. Workers' compensation attorneys tend to specialize, and the good ones usually have an established reputation throughout the community.
Meet the attorneys personally
Contact each attorney's firm and schedule an appointment for consultation. Most of them won't charge a consultation fee. The initial meeting will be used to assess your case. He should be able to meet with you on short notice.
Evaluate him based on the following:
* Do they appear to have expertise in the area of worker's compensation law that you need?
* Does he usually represent defendants or plaintiffs?
* Confirm that the attorney has handled cases similar to yours at least for a few years, and has won a significant number among those.
* Check out the online archives of your local newspaper. Check whether there have been any controversies regarding the cases the lawyer has handled.
* Notice whether he listened to your problems attentively?
* Notice whether he understood your problems promptly, or had to do research before he could answer your questions.
* Could he explain the law and how it applies to your case in an understandable way?
* Was he able to assure you that he will solve your legal problem efficiently and as quickly as possible?
Ask for a brochure and promotional materials before you leave. Cross check the information given in these materials against other sources and references.
Finally, use your instincts to decide who to hire. You will want to choose the best Workers Compensation Attorney (New Brunswick) who you think will do the best job for you.
To hire one right now in a hassle free manner, log on to andrewmazeattorney.com.
Ask around for referrals about good attorneys
Call the bar association in your state or city. Almost every bar association has an attorney referral service. You may also consult an attorney that you know through your church, or an accountant, realtor or other professional. These people have to work with this type of lawyers sometimes, and are likely to have some good leads at hand. Workers' compensation attorneys tend to specialize, and the good ones usually have an established reputation throughout the community.
Meet the attorneys personally
Contact each attorney's firm and schedule an appointment for consultation. Most of them won't charge a consultation fee. The initial meeting will be used to assess your case. He should be able to meet with you on short notice.
Evaluate him based on the following:
* Do they appear to have expertise in the area of worker's compensation law that you need?
* Does he usually represent defendants or plaintiffs?
* Confirm that the attorney has handled cases similar to yours at least for a few years, and has won a significant number among those.
* Check out the online archives of your local newspaper. Check whether there have been any controversies regarding the cases the lawyer has handled.
* Notice whether he listened to your problems attentively?
* Notice whether he understood your problems promptly, or had to do research before he could answer your questions.
* Could he explain the law and how it applies to your case in an understandable way?
* Was he able to assure you that he will solve your legal problem efficiently and as quickly as possible?
Ask for a brochure and promotional materials before you leave. Cross check the information given in these materials against other sources and references.
Finally, use your instincts to decide who to hire. You will want to choose the best Workers Compensation Attorney (New Brunswick) who you think will do the best job for you.
To hire one right now in a hassle free manner, log on to andrewmazeattorney.com.
Personal Injury Attorney Woodbridge
[http://www.andrewmazeattorney.com/middlesex-county-nj-personal-injury-legal-services.htm]
- Andrew S. Maze, Esq. has experienced and competent attorneys who will
do justice to your legal case.
Article Source:
http://EzineArticles.com/?expert=Alice_M_Shown
Thursday, June 18, 2015
Grandparents' Visitation Rights
While parents still have the primary rights to determine how their children will be raised, grandparents also have important rights.
Monday, June 15, 2015
Getting Your Social Security Disability Benefits - What You Need to Know
The Social Security Act was enacted by Congress, and signed into
law seventy-five years ago, in 1935, by President Franklin Roosevelt.
The Act was created to assist the individuals during challenging
economic times very similar to today. During the past seventy-five
years, the Social Security Administration, or SSA, has helped many
millions of people, by offering essential aid. In 2010 alone, more than
10 million citizens will get some type of assistance from the SSA.
One of the main pillars of the system is to offer some amount of economic security to elderly and retired people by way of a fund where employees fund their individual retirements. Another critical facet of the law is to supply a source of financial aid to individuals that are either temporarily or permanently unable to work.
Though it is not anything which people typically think of or plan for, the possibility of becoming disabled at some place in your lifetime is great. According to the Social Security Administration (SSA), a 20 year old person has a greater than 25% chance of becoming impaired before he or she reaches retirement age.
Applying for SSD
Recent media reports have stated that more than three million citizens will apply for Social Security disability benefits this year. Over 2/3 of those claims will be refused on first consideration. With the proper representation for their claim, many people who have been initially denied will prevail with their claim and get their benefits at one of the following levels of the claims process. The length of time it takes to receive benefits can vary, and in many, many cases it can take up to 24 months to process an application.
Processing the initial application can take a significant amount of time. Up-to-date estimates by the Social Security Administration make note that it takes three to five months to even process the initial application. This, coupled with the time it takes to appeal an adverse conclusion, is a good cause for an individual to file an application as soon as you are determined to be disabled.
Determining Benefit Eligibility
Once your application is processed and the Social Security Administration finds that it meets the primary criteria to get benefits, the application is then forwarded to a state agency which will find whether the benefits should be granted. Usually, claimants will begin to receive payments after they have been impaired for more than five full months. In order to be qualified for disability payments an applicant must show that their disability is one will last for a time period of more than twelve continuous months. Furthermore, one must prove that they are unable to perform any type of gainful employment, even work which is sedentary.
The Five Step Analysis
To determine if somebody is impaired and eligible for Social Security disability benefits, the Social Security Administration employs a 5 step analysis. These 5 questions help decide the amount and type of social security benefits you will receive.
Reconsideration, sometimes referred to as an appeal, is the next step in the claims process. Your petition will be reviewed by a fact finder who was not involved the first decision. If your appeal is once again denied, you can then appeal this decision and request a hearing before an administrative law judge (ALJ). You will once again have the chance to put forth your case as well as present other information, evidence and the appropriate witnesses, which may include medical and/or vocational experts, to help your claim. If you are once again denied Social Security benefits, you may request one more review by the SSA Appeals Council and eventually appeal to the Federal Court if need be.
In order to move your case efficiently, it makes the most sense to find a lawyer at the beginning of the application process, to help ensure that you have fully completed your application with the appropriate information. This will reduce that chance that your claim will be refused. Since most applications are denied at the initial stage, an experienced attorney will be essential to help move your application through the reconsideration and hearing stages.
One of the main pillars of the system is to offer some amount of economic security to elderly and retired people by way of a fund where employees fund their individual retirements. Another critical facet of the law is to supply a source of financial aid to individuals that are either temporarily or permanently unable to work.
Though it is not anything which people typically think of or plan for, the possibility of becoming disabled at some place in your lifetime is great. According to the Social Security Administration (SSA), a 20 year old person has a greater than 25% chance of becoming impaired before he or she reaches retirement age.
Applying for SSD
Recent media reports have stated that more than three million citizens will apply for Social Security disability benefits this year. Over 2/3 of those claims will be refused on first consideration. With the proper representation for their claim, many people who have been initially denied will prevail with their claim and get their benefits at one of the following levels of the claims process. The length of time it takes to receive benefits can vary, and in many, many cases it can take up to 24 months to process an application.
Processing the initial application can take a significant amount of time. Up-to-date estimates by the Social Security Administration make note that it takes three to five months to even process the initial application. This, coupled with the time it takes to appeal an adverse conclusion, is a good cause for an individual to file an application as soon as you are determined to be disabled.
Determining Benefit Eligibility
Once your application is processed and the Social Security Administration finds that it meets the primary criteria to get benefits, the application is then forwarded to a state agency which will find whether the benefits should be granted. Usually, claimants will begin to receive payments after they have been impaired for more than five full months. In order to be qualified for disability payments an applicant must show that their disability is one will last for a time period of more than twelve continuous months. Furthermore, one must prove that they are unable to perform any type of gainful employment, even work which is sedentary.
The Five Step Analysis
To determine if somebody is impaired and eligible for Social Security disability benefits, the Social Security Administration employs a 5 step analysis. These 5 questions help decide the amount and type of social security benefits you will receive.
- Are you presently working at a job? If you are employed and reach a certain earning level or greater every month, the state agency in all likelihood will find that you are not disabled. If you are unable to work, or your income is under the threshold, the government agency will look further into your physical issue.
- Is your medical condition serious? In order for your medical condition to be found to be severe it must last for a least 12 months, and limit your physical ability to accomplish typical employment activities.
- Can your medical condition be found on the scheduled list of health conditions? There are some medical disabilities that are severe enough to automatically qualify you for SSD benefits. These disabilities are set forth on a scheduled list of conditions provided by the SSA. If your condition is not on this list, the governmental agency will decide if your disability is as serious as one of the listed impairments.
- Can you perform the type of jobs which you have executed in the past? In the event that you are able to execute the work you did previously, in all probability you will not be eligible for SSD benefits. If you are not able to execute those tasks, the fact finder will check the final question in the disability process.
- Are you able to do any work? If you are not able to perform any of your previous jobs, the agency will the check to decide if you can perform any kind of work. Your health condition, age, education level, prior work experience and any other applicable job skills will be taken into account during this process.
Reconsideration, sometimes referred to as an appeal, is the next step in the claims process. Your petition will be reviewed by a fact finder who was not involved the first decision. If your appeal is once again denied, you can then appeal this decision and request a hearing before an administrative law judge (ALJ). You will once again have the chance to put forth your case as well as present other information, evidence and the appropriate witnesses, which may include medical and/or vocational experts, to help your claim. If you are once again denied Social Security benefits, you may request one more review by the SSA Appeals Council and eventually appeal to the Federal Court if need be.
In order to move your case efficiently, it makes the most sense to find a lawyer at the beginning of the application process, to help ensure that you have fully completed your application with the appropriate information. This will reduce that chance that your claim will be refused. Since most applications are denied at the initial stage, an experienced attorney will be essential to help move your application through the reconsideration and hearing stages.
Please visit our Ohio Social Security Attorney website for a no fee discussion regrading your Social Security claim. Feel free to email, call or fill out our contact form, and an experienced Ohio Social Security Attorney will reply to you within twenty-four hours.
Friday, June 12, 2015
Five Good Reasons to Get a Family Law Attorney
Family law attorneys are more than just divorce mediators. These
domestic relations specialists also deal with a range of domestic
issues, including domestic violence, child custody, child support,
spousal support, adoption, and surrogacy.
Divorce
If you've ever known someone who has gone through an ugly divorce, then you know how bad things can get, especially without proper legal representation. In many cases, alternatives such as mediation aren't nearly as effective as having a representative of the law fighting for your rights. Attorneys that specialize in domestic relations are exactly the types of legal experts that you need to fight for your rights should you or your spouse decide to dissolve your marriage.
Domestic Violence
Most people aren't aware that family law attorneys handle cases involving domestic violence. Whether you want to bring charges against your legal spouse or former partner or you want to legally fight allegations of domestic abuse, these types of cases fall under the jurisdiction of a domestic relations lawyer. These legal experts will walk you through the entire process, from filing the restraining order and helping to enforce it, to fighting to recoup any damages or loss that you may have incurred.
Child Custody
In many instances of divorce, there is often a subsequent legal battle over who should have custody of the children. Family law attorneys specialize in handling these types of cases with the intent of helping to place the children in the best possible environment, which should be the most important goal. The lawyers are also there to help ensure that your visitation rights are honored.
Child Support and Spousal Support
Much like child custody, child support and spousal support are often byproducts of a divorce, although they may not always go together. Child support is typically sought by a parent of a minor child in an effort to help with the financial responsibilities associated with raising that child. On the other hand, spousal support, sometimes called alimony, is typically sought by a spouse who is seeking financial independence upon the dissolution of a marriage. Whether you need child support, spousal support, or both, family law attorneys work to get you the most amicable solutions in your case.
Legal Separations
Depending on the family law firm, the attorneys may take on legal separation cases. Often confused with divorce, legal separation is not an end to a marriage, but a court order enabling couples to live separately while remaining married. The court order details the rights and duties of each spouse, allowing both parties to work out any financial, personal, or emotional issues that have had an effect on the marriage. Fairly uncommon, legal separations may entail issues of property division, child custody, child visitation, and spousal support, and the complexity of these conditions and the relevant state laws usually require the expertise of an attorney.
Divorce
If you've ever known someone who has gone through an ugly divorce, then you know how bad things can get, especially without proper legal representation. In many cases, alternatives such as mediation aren't nearly as effective as having a representative of the law fighting for your rights. Attorneys that specialize in domestic relations are exactly the types of legal experts that you need to fight for your rights should you or your spouse decide to dissolve your marriage.
Domestic Violence
Most people aren't aware that family law attorneys handle cases involving domestic violence. Whether you want to bring charges against your legal spouse or former partner or you want to legally fight allegations of domestic abuse, these types of cases fall under the jurisdiction of a domestic relations lawyer. These legal experts will walk you through the entire process, from filing the restraining order and helping to enforce it, to fighting to recoup any damages or loss that you may have incurred.
Child Custody
In many instances of divorce, there is often a subsequent legal battle over who should have custody of the children. Family law attorneys specialize in handling these types of cases with the intent of helping to place the children in the best possible environment, which should be the most important goal. The lawyers are also there to help ensure that your visitation rights are honored.
Child Support and Spousal Support
Much like child custody, child support and spousal support are often byproducts of a divorce, although they may not always go together. Child support is typically sought by a parent of a minor child in an effort to help with the financial responsibilities associated with raising that child. On the other hand, spousal support, sometimes called alimony, is typically sought by a spouse who is seeking financial independence upon the dissolution of a marriage. Whether you need child support, spousal support, or both, family law attorneys work to get you the most amicable solutions in your case.
Legal Separations
Depending on the family law firm, the attorneys may take on legal separation cases. Often confused with divorce, legal separation is not an end to a marriage, but a court order enabling couples to live separately while remaining married. The court order details the rights and duties of each spouse, allowing both parties to work out any financial, personal, or emotional issues that have had an effect on the marriage. Fairly uncommon, legal separations may entail issues of property division, child custody, child visitation, and spousal support, and the complexity of these conditions and the relevant state laws usually require the expertise of an attorney.
To learn more about their options for family law, Grand Rapids, MI residents should visit http://www.adalegalgroup.com/practice-areas/family-law/.
Tuesday, June 9, 2015
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.
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.
Article Source: http://EzineArticles.com/?expert=Jeff_Annino
Saturday, June 6, 2015
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.
Denial
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.
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.
Denial
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.
Wednesday, June 3, 2015
Six Issues to Ask A Family Law Attorney
Although divorce is the most common reason to visit a family law
attorney, it isn't the only one. The enormous area of legal practice
they specialize in deals with all aspects of domestic relations and
family matters.
Adoption
An extremely complicated process, few adoptions are finalized without help from a family law attorney. Why is this? Adoption laws differ from state to state. So before a couple can pursue a legal adoption, they must familiarize themselves with complicated state laws. An experienced adoption lawyer can help explain and expedite the process by filing the required legal documents with the court.
Alimony
Because marriage is chiefly regulated by the state, so too are the rules regarding separation and divorce. Alimony or spousal support may be provided for either party of a divorce. If the parties cannot come to a fair and reasonable agreement on the amount of support, the court will do it for them. But to get to that state, you must file a request for alimony. If your former spouse is uncooperative, an attorney completes and submits the requisite documents with the court.
Child Custody
When a couple with children separates, the question of custody takes center stage. Because it is an emotional, contentious issue, legal professionals are needed to help parents do what is in the best interest of their children.
Domestic Violence
Better known as a restraining order, an order of protection is issued to restrict the behavior of someone by a court who has harmed or threatened another. That person could be a former spouse or domestic partner who either lives at the same address or elsewhere. The order serves as a strong legal deterrent to anyone who has abused or even threatened to harm a person or their family.
Mediation
If the two parties can stand to be in the same room with one another, mediation is a much faster, more affordable alternative to litigation. Whether you are discussing the terms of a divorce or other domestic issues, a lawyer can help move the process along by recommending reasonable solutions to seemingly intractable problems. It is also a far less contentious option because there is no clear winner or loser. Couples can talk things out and mutually agree on a broad range of solutions that could take many months to resolve in court.
Prenuptial Agreements
We all know that about half of all marriages fail. A standard prenuptial agreement is not designed to leave one party penniless and the other rolling in riches. It is intended to help both sides save time, money, and emotion should the marriage end in divorce.
Although there are many more services provided, a family law attorney focuses mostly on the aforementioned legal areas.
Adoption
An extremely complicated process, few adoptions are finalized without help from a family law attorney. Why is this? Adoption laws differ from state to state. So before a couple can pursue a legal adoption, they must familiarize themselves with complicated state laws. An experienced adoption lawyer can help explain and expedite the process by filing the required legal documents with the court.
Alimony
Because marriage is chiefly regulated by the state, so too are the rules regarding separation and divorce. Alimony or spousal support may be provided for either party of a divorce. If the parties cannot come to a fair and reasonable agreement on the amount of support, the court will do it for them. But to get to that state, you must file a request for alimony. If your former spouse is uncooperative, an attorney completes and submits the requisite documents with the court.
Child Custody
When a couple with children separates, the question of custody takes center stage. Because it is an emotional, contentious issue, legal professionals are needed to help parents do what is in the best interest of their children.
Domestic Violence
Better known as a restraining order, an order of protection is issued to restrict the behavior of someone by a court who has harmed or threatened another. That person could be a former spouse or domestic partner who either lives at the same address or elsewhere. The order serves as a strong legal deterrent to anyone who has abused or even threatened to harm a person or their family.
Mediation
If the two parties can stand to be in the same room with one another, mediation is a much faster, more affordable alternative to litigation. Whether you are discussing the terms of a divorce or other domestic issues, a lawyer can help move the process along by recommending reasonable solutions to seemingly intractable problems. It is also a far less contentious option because there is no clear winner or loser. Couples can talk things out and mutually agree on a broad range of solutions that could take many months to resolve in court.
Prenuptial Agreements
We all know that about half of all marriages fail. A standard prenuptial agreement is not designed to leave one party penniless and the other rolling in riches. It is intended to help both sides save time, money, and emotion should the marriage end in divorce.
Although there are many more services provided, a family law attorney focuses mostly on the aforementioned legal areas.
When considering a family law attorney, Mobile, AL residents visit Briskman & Binion, P.C. Learn more about them at http://www.briskman-binion.com/Domestic.aspx.
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