Get a Workers Compensation Lawyer on Your Side

Workers compensation is an insurance program required by a state to reimburse workers for medical costs and loss of wages that may occur if they are injured on the job. Under the law, employers must carry a workers compensation insurance policy that provides benefits to workers who become disabled due to illness or an accident sustained in the course of performing their job. Unfortunately, as is the case in most states, these laws can be complex and often times confusing. This is where a lawyer can help. An attorney should be contacted as soon as possible after you are injured.

For example, the law requires that a sick or injured worker notify their employer of an injury within a specified period after an accident or an injury has occurred. Since you could be in the hospital during the notification period, it may be difficult to notify the proper employer personnel within the allotted time. If notification is not made on time, benefits can be denied. Your attorney work with you at this critical time ensure that you properly show that were injured performing your job, that proper notification is made and documents are collected for submittal to the insurance carrier. Similarly, if you are an independent contractor, a workers compensation attorney can help you determine your legal eligibility for compensation under the law.

Once the employer has been properly notified, the employer notifies the proper state departments and also the workmans compensation insurance carrier. While benefits should start at this time, for a variety of reasons, the compensation carrier may reject the worker's claim. In such cases, again, it is in your best interest to contact a lawyer. They are experts in the field of workers compensation and will represent you before the state entities and the insurance company to ensure that you receive the compensation to which you are legally entitled.

In another area, depending on your situation, you may be eligible for social security disability benefits while also receiving workers compensation. Your attorney and his/her associates can help you determine if you are also eligible to receive both benefits, and if so, provide the service you need to efficiently claim both benefits. Since these two disability programs are not related, navigating through both of them requires an attorney or law firm with expertise in both programs. It is vital that you choose a firm or an attorney that specializes in both programs to be sure that you have comprehensive representation.

Workers compensation is a complex area of the law and multiple benefit programs can be applied depending upon your situation. Should you become injured on the job, lawyers are there to be your advocate and help you obtain the benefits you legally deserve.

The Philadelphia workers compensation lawyers at Oxenburg & Franzel have been successfully representing injured workers since 1978. Whether you are looking for a Philadelphia workers compensation attorney to help you from the beginning of your claim or just a consultation, your attorney can explain the PA workers compensation laws in a way so that you can be confident in filing your claim. Contact the Philadelphia workers compensation lawyers at Oxenburg & Franzel and put them on your side.

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

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

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

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

- the children's relationship with both parents

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

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

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

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

To learn more about the mediation process, complete our request for a free online evaluation, and to receive a free 30-minute phone consultation, visit us at http://www.afairway.com, or call 619-702-9174.

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Happy Holidays!

Wishing You Peace and Joy this Holiday Season and throughout the Coming Year!

How to Find a Good Family Law Attorney

When you need a lawyer you need to take your time and find one that will be able to handle the type of case you have. Not all lawyers practice family law, and not all lawyers will represent all types of family law cases.

When you need a lawyer to help you with a matter of family law you are more than likely going to be emotionally stressed by the situation you are in. Do not allow your emotions to cloud your judgment. Research the law firms in your area and consider your options carefully.

1. Ask friends and family to make referrals

You more than likely have at least one family member, or one friend that has had a reason in the past to hire a family law attorney. You trust your family and friends, and they will be honest with you about the divorce attorney, their fees, their office practices, and the way they treat their clients. This may be the most important information that you gather during your attorney search.

2. Look in the local phone directories

The lawyers in your area will be listed in your local phone book. Many of them will have full page advertisements that explain the type of law they practice. The information in these advertisements will be generic, but you can find out the physical address of their offices, and the type of law they practice, and their web address may also be listed. You need to find an attorney that is within an easy travel distance from your home or office.

3. Go to their websites

A divorce attorney will more than likely have a website that their potential clients can visit. The website should have information concerning the credentials of the lawyer, their experience as a family law attorney, their office location, their office hours, and other critical information. They may even have some articles on their site that could give you helpful hints on what you are going through.

4. Read news stories and press releases

Look up the local newspapers from the county that you are going to go to court in and look for articles concerning the lawyer you are considering. You want a lawyer that has had more positive stories printed about them than negative stories. You may also be able to determine the success rate the attorney has had in the past by the news articles you find written about them.

5. Look at social media sites they are on

Check out sites like Twitter, and Facebook, and see if the attorney has an active account. You can often gain valuable insight about a person from what they are willing to post on social networking sites. You will also gain access to comments from former clients, and possibly get a better understanding of the lawyer, and how they treat their clients.

6. Look at online reviews

You can find reviews of a divorce attorney at sites like Avvo, Lawyers.com, and Findlaw that can help you to determine which family law attorney to choose.

A family law attorney handles delicate situations concerning divorce, child custody, and other personal matters. You want the divorce attorney that you hire to be experienced, and licensed to practice in the state you reside in. You can get more information from family law attorney Orange County and divorce attorney Orange County.

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Requesting Changes to a Child Support Agreement

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

Cost of Living Adjustments

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

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

Change of Circumstances

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

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

Work with the Court to Change Child Support Agreements

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

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

If you find yourself needing a change in your child support agreement, due to change in circumstance or a change in the cost of living, your family law attorney at Burton Law can help you. If changing child support will better fit your situation, it might be time to contact a family law attorney! Jen Stott is a writer and blogger, and works as Director of Digital Content Marketing at Be Locally SEO in Salt Lake City, Utah.

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John D. Hodson Selected as a Member of the Nation's Top One Percent by the NADC

John D. Hodson, managing partner of Hodson & Mullin, has been selected to the 2015 list as a member of the Nation's Top One Percent by the National Association of Distinguished Counsel. NADC is an organization dedicated to promoting the highest standards of legal excellence. Its mission is to objectively recognize the attorneys who elevate the standards of the Bar and provide benchmark for other lawyers to emulate.

Members are thoroughly vetted by a research team, selected by a blue ribbon panel of attorneys with podium status from independently neutral organizations, and approved by judicial review board as exhibiting virtue in the practice of law. Due to the incredible selectivity of the appointment process, only the top one percent of attorneys in the United States are awarded membership in NADC. This elite class of advocates consists of the finest leaders of the legal profession from across the nation.

Mr. Hodson is a Certified Family Law Specialist (California State Bar Board of Legal Specialization), Solano County's AV-Preeminent rated attorney by Martindale-Hubbel, and the only family law attorney in Solano County's history to be elected to the American Academy of Matrimonial Lawyers (AAML). He has chaired the State Bar Family Law Section and Executive Committee (FlexCom) and is the only family law attorney in Solano County to be named a Northern California Super Lawyer every year for the past decade. 

How Does the Social Security Administration Approve a Social Security Disability Claim?

The Social Security Disability application process can be confusing, stressful, overwhelming and lengthy. It is often hard for disability applicants to navigate their own responsibilities regarding their disability claim, let alone try to understand how the SSA will decide whether they will approve or deny their claim for benefits. If you are applying for disability benefits and want to understand how the SSA reviews and approves claims for disability benefits, the following information can help.

What Does the Social Security Administration Look For in a Disability Claim?

There are a few things the SSA looks for when an applicant files a claim for disability benefits. If you are applying for Social Security Disability Insurance (SSDI), the SSA will determine whether or not you have enough work credits to qualify for disability payments. If you are filing for Supplemental Security Income (SSI), the SSA will check to see if your household income falls below the set limits.

Meeting the SSA's Disability Guidelines

If all of the other criteria set forth by the SSA are met (e.g., work credits or income requirements), the SSA will then need to determine whether or not you are disabled, the severity of your disability and whether your disability meets their specific guidelines. This is why it is crucial that you provide as much medical documentation as you can with your initial disability application.

When reviewing claims for disability benefits, the examiner reviewing your claim will refer to a published listing of impairments known as the Social Security "Blue Book." This Blue Book lists all of the disabling conditions that could qualify an individual for Social Security Disability benefits. The Blue Book also contains guidelines for each listed condition and applicants must meet the guidelines set forth in the section that pertains to their specific disability in order to be approved for benefits. For example, if you are suffering from a traumatic brain injury, that condition is indeed listed in the Social Security Blue Book. However, a diagnosis of a traumatic brain injury in and of itself will not qualify you for benefits. The Blue Book lists symptoms from which an applicant must suffer in order to qualify under this section of the publication. If you have a traumatic brain injury that does not meet the published guidelines, you will not qualify for disability benefits.

If your condition is not included in the SSA's Blue Book, you may still qualify for benefits but will need to prove that your disability prevents you from performing any type of work-related activity. In order to prove your disability and the severity of your condition to the SSA, you will need to provide as much medical documentation as possible. Make sure you include all medical records and the names and addresses of all of your doctors when submitting your application for benefits. If you have had hospital stays, emergency room visits or trips to an urgent care center because of your disability, make sure the SSA is provided with information about each and every encounter. You can never provide too much information when filing a disability claim. Provide as much documentation as possible to help the SSA approve your disability application.

When reviewing your claim for disability benefits, the SSA will also look at your work history and your age. It is sometimes easier for those who are more advanced in age to qualify for disability benefits than it is for a younger person. For example, if a fifty-year-old man who has always worked in construction suffers a back injury and is unable to perform work because of the injury, he is more likely to be approved for benefits than a twenty-five-year-old male who suffered the same injury and had the same occupation. This is because the twenty-five-year-old could, if necessary, change to a different career path and perform a different type of work, whereas it would be nearly impossible for the fifty-year-old male to make a career change so late in his life.

What to Do if Your Application for Benefits is Denied

If your initial application for disability benefits is denied, do not be alarmed. The fact of the matter is that nearly 70 percent of disability applications are not approved at the initial stage of the application process. If your application is among those that are denied, it does not mean that you can't receive the disability benefits you need. It only means that you will need to go on to appeal the SSA's decision to deny your benefits.

If you have received notice from the SSA that your claim for benefits has been denied, contact a Social Security Disability attorney. Your chances of successfully appealing the SSA's decision to deny your disability benefits are statistically higher with proper legal representation.

http://www.socialsecurity-disability.org/social-security-disability-claim

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When To Hire A Family Law Attorney

Family is what binds us, by heredity and by love. Sometimes families break up; sometimes families just need something in writing to ensure that their loved ones are protected. And, with the family structure constantly evolving, more and more people are seeking legal protection and advice to empower their lives. Family law is a diverse set of laws that work with many of the issues that families are now dealing with. The law covers issues dealing with marriage, custody, wills and estates, and domestic violence. Here are a few situations that require a family law attorney.

Marriage

Prenuptial and postnuptial agreements are terms set out by both parties prior to marriage detailing what each person has and can leave with should the marriage end. Reconciliation is a part of family law that seeks to help both parties find common ground on making the marriage better. If reconciliation does not work, many couples file for divorce. In most states, there are grounds for which divorce will be granted, including adultery, imprisonment, domestic violence, and irreconcilable differences. Many laws also deal with civil unions between same-sex couples as well as couples who may not want a traditional marriage.

Custody

Custody issues generally necessitate an attorney. There are usually two types of custody: joint and sole. Joint custody is when both parents share equal time with the child. Sole custody is custody granted to one parent. In some cases, though, the custodial parent needs permission from the non-custodial parent and the court to do things like move to another state. Custody also includes children in the foster care system, as well as guardianship. The court helps to decide what is best for the child based on certain criteria.

Wills and Estates

A will is a legal document created by an individual to state his or her wishes in regards to property and/or other assets. To ensure that your wishes will be upheld after your death, it is important to seek the advice of a legal representative when drafting your will. There are three types of wills: last will and testament, living trust, and living will. A last will grants last wishes to beneficiaries, including property, last wishes of the individual, and guardianship of minor children. Not having a last will means that the court can make decisions on your behalf. A living trust transfers property to beneficiaries. Unlike a last will, a probate court does not have to acknowledge it. It can be dragged out in court for years, costing you high attorney and court fees. A living will deals with health-related issues, including life support and power of attorney over health care decisions.

Domestic Violence

Domestic violence negatively affects everyone. Abuse is never okay. Domestic violence laws are in place to protect women and men, young and old, regardless of socioeconomic status. They also protect those who are falsely accused of domestic violence. Family lawyers help access restraining orders, secure residence, and defend the wrongly accused.

Legal issues, even seemingly easy ones, can be scary. Protecting yourself and your family is very important. It is important to pick an attorney that is reputable, empathetic, and can guide you through the legal system.

To learn more about family law, Hudson County, NJ residents should visit http://www.bielanlaw.com/practice-areas.asp?page=16.

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How to Choose a Lawyer For Your Social Security Disability Case

Getting Social Security disability benefits can be a long and complicated process. You will work closely with your lawyer and her staff. Before you hire a lawyer you must do your homework. The following steps will help you find a lawyer who can best meet your needs.

1. Get as much information as you can before you talk to a lawyer. First, go to her website. Is there helpful information on the website about the process you will go through to get Social Security disability benefits? Or is the website just about the lawyer and her law firm? You want a lawyer who will share helpful information and teach you about the Social Security disability process.

2. When you call the lawyer's office, how are you treated? Is this staff rushed or do they treat you like a welcomed visitor? Are they helpful? Are they empathetic? The lawyer sets the tone for the office. How her staff treats you is a good indication of how the lawyer will treat you.

3. You should meet with the lawyer, either in person or in a telephone consult if it is too difficult for you to get to the office. Were you given a choice? You should be!

4. When you talk to the lawyer, ask about her experience handling Social Security disability cases. How long has she been handling these cases? What percent of her practice involves Social Security disability cases? Some lawyers only devote a small percentage of their time to these cases, making it difficult for them to keep up with changes in the rules and regulations. In addition, they may not be as familiar with the judges who hear, and ultimately decide, these cases. You should look for a lawyer who devotes 50% or more of her time to Social Security disability cases.

5. Ask the lawyer what her success rate is for Social Security disability cases. No lawyer wins every case and no lawyer can guarantee a specific result in your case. Each case is different and must be evaluated on its own facts. You want to ask this question to get an idea of how carefully the lawyer evaluates these cases throughout the process. Social Security disability cases are won or lost on the medical evidence. Your disability lawyer should continually evaluate the evidence to determine if she can prove that you are disabled. If the evidence does not support the claim, a good disability lawyer will tell you so and not take the case further unless additional evidence is available. You should look for an attorney with an 85% + success rate.

6. Ask the lawyer if she has any trial experience. Trial lawyers are trained to develop evidence, present it in the court room and argue the case to a judge or jury. Social Security disability cases may go to a hearing with an Administrative Law Judge. It is beneficial to have a lawyer with trial experience representing you in these cases.

7. Ask the lawyer if she has any medical or nursing training. Social Security disability cases are won or lost on the medical evidence and the evidence of physical or psychological limitations. A lawyer with medical knowledge will understand your disabling condition and be in a better position to develop the evidence and present it to the judge.

8. Ask the attorney how she will develop your case. You want to know that your lawyer will gather your pertinent medical records throughout the process, not just before your hearing with an Administrative Law Judge. In addition, your lawyer should collect specific information from your treating doctors about the limitations that prevent you from working. Your lawyer will do this through the use of special disability reports and disease questionnaires. These reports will help to strengthen your case. If the lawyer you interview is not going to take these additional steps to gather evidence, you should keep looking.

9. Ask the lawyer why she chose to work on Social Security disability cases. The answer to this question is very telling. For me, helping clients get their disability benefits is one of the greatest joys in practicing law. I know that my staff and I can make a difference in our clients' lives. Clients come into my office troubled, frustrated, worried and in pain. We work through the process together and there is no better feeling than calling a client to report that they have been approved for Social Security disability benefits.

10. Ask the lawyer who will be working on your case. The lawyer should have staff to help gather your medical records and develop the evidence. Social Security disability cases are document intensive. It is important that there is sufficient staff to obtain, maintain and file all of the necessary documents.

11. How are you treated by the lawyer? Do you feel welcomed or do you feel like a number? Ask who you can talk to if you have questions as the case develops. When can you expect a return phone call? Phone calls should be answered within 24 hours. While the attorney will not be able to return every phone call herself there should be sufficient staff available to answer your questions.

12. Do you feel comfortable with the lawyer and her staff? You are entering a long-term relationship so you must feel comfortable. During the initial consultation, were your questions answered? Were you treated with respect? Was the Social Security disability process described and explained to your satisfaction? Were the office procedures explained? If the answer to any of these questions is no, you should keep looking.

13. What do the lawyer's clients say about her? Go to her website. Are there testimonials from former clients? Is she willing to let you contact other clients for a reference? The best way to understand how you will be treated is to talk to other clients.

For most people trying to get Social Security disability benefits, hiring a lawyer is the best thing they can do to improve their chances of winning. However, you need to have the lawyer who is right for you. Taking the time to gather the information outlined above will help you to make the right decision.

Sharon Christie is a nurse and an attorney in Towson, Maryland. She handles Social Security disability and serious personal injury cases. Find out more about Sharon A Christie [http://sharonchristielaw.com/bio.cfm?id=457] and request her popular free book on Social Security Disability claims at http://www.SharonChristieLaw.com. You can also reach her at 410-823-8200.

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Things You Can't Put in a Prenuptial Agreement

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

Reasons You May Want a Prenup

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

Provisions that May Be Disallowed

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

Protecting Your Assets and Rights before Marriage

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

Jen Stott is the Director of Digital Content at Be Locally in South Jordan, Utah. Spiker Card attorneys may be able to help you with prenuptial agreements or other family law matters.

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