Thursday, June 30, 2016

Why Hire an Attorney for Child Support Problems

Even though you and your spouse are no longer married, your children still need to be cared for. You may have the responsibility of their daily care; however, your ex-spouse still needs to provide for the children financially. On the other hand, you could be the parent who is obligated to provide financially each month, and you may be having difficulty. That is why an attorney may be required to gain adequate child support for your kids.

Primary Custodian

If you have primary custody of the children, you need to be able to provide food, clothing, shelter, and healthcare for them. Your ex is responsible for helping you provide those necessities through monthly monetary payments. If your ex does not meet that financial obligation, your attorney can help you find a way to make that happen. In some cases, you may have to track him or her down in order to get the funds that are owed to your children.

In addition to helping you find your former spouse, your attorney is there to help you bring him or her to court in order to force the child support obligation. While there may be a very good reason for the money not being paid, there is no excuse not at least notify you and the courts of the problem at hand.

Parent Paying Child Support

Parents who are required to make payments need representation of their own. Hard times can hit anyone, and there may come a time where you are unable to make the court order payment. Rather than miss sending the money or only sending part of it, you should have your attorney contact the courts immediately. You may get a reprieve from having to pay the overwhelming finances for your children temporarily. During this time, you may be able to negotiate a new amount based on your current situation.

Even if you are on good terms with your ex-spouse, you need to have an attorney alert the courts of the problem. You may think you can work out a deal without involving a judge; however, it will not overrule what the legal system has determined you will pay. Failure to meet this judgment can result in you being held in contempt of court. This means you could face fines or even jail time. Jail time could negatively affect your visitation, custody rights, or even relocation rights.

It is important to remember that the money is for the well-being of your children. You should never withhold payment just because you are mad.

If you are the custodial parent, it is okay to be flexible if you choose. Just make sure everything is documented in case the worst should happen, and you need to sue for past payments.

Article Source:

Article Source:

Monday, June 27, 2016

Finding A Reputable Social Security and Disability Lawyer

Since people are living longer, the government has pushed back the age in which one can receive full Social Security benefits. The new "retirement age" has been classified as 70 years old. However, that doesn't mean that people can't receive benefits sooner. After all, those with disabilities are can receive Social Security, when the situation qualifies for it. So, if you're not planning on waiting until 70 to claim full benefits, and retire early, or need to file a disability claim, a good lawyer is in order.

Questions to ask potential disability and Social Security attorneys:

• What is your overall approval rating?

• How often can I expect a call, updating me on my case's progress?

• Credentials: How many years have you practiced disability law?

o Do you ever go through additional training?

o Are you licensed in the states you practice?

In addition, be mindful of the office environment.

• Are paralegals available?

• What kind of support stuff is available?

• Will I have my own case manager?

Credentials are incredibly important. Some lawyers are not licensed SSI lawyers. Be admit about seeing experience and licensures.

It is important that a lawyer does not make promises, because frankly it is impractical to predict the outcome of the claim, even if the likelihood is in the clients favor. When asking a lawyer: will my claim be approve? (Or Can you get me approved faster than other clients? How long will the process take?) The lawyer's answer should be realistic:

I can't guarantee that you'll win, but I can highlight ways to improve your
case and increase your approval chances.

There is necessary research to be done. Potentially, different states have different requirements for lawyers. Similar to any job duty, experience is a plus, right? In the case of Social Security, disability attorneys, experience can be outweighed by approval ratings and success rates. If a lawyer has 30 years experience, but a low success rate, don't take the risk.

Younger generations are realizing that saving for retirement is important because no one can live solely off social security benefits. It is limited and diminishing. Since lifespans are increasing, workers are able to work into their 70's, if only as an "encore career," for additional income.

There is no law saying workers have to wait until 70 years old to retire. Retiring around 62 or 65 is typical. In that, if an employer is making it difficult to get benefits, legal action will be necessary.

Article Source:

Article Source:

Friday, June 24, 2016

Reasons You Should Consider Hiring A Family Lawyer

The role of a family lawyer really cannot be ignored. You can trust all legal issues with your lawyer from child custody, guardianship, and even divorce. The lawyer can also handle surrogacy issues, spousal abuse, legitimacy, adoption, property settlement and child right issues among many others. Wills and estates can also be handled legally by a family lawyer making the often tedious process swift and pleasant for all.

Family lawyers are often hired to handle divorce processes. It is possible to handle such a process on your own, but there are several reasons as to why you should consider hiring a divorce attorney to help you out. Below are some of the reasons why you should consider having a lawyer to handle your legal issues.

1. You enjoy expert advice

Experienced family lawyers help you in making the right decisions and taking the right steps throughout the process. When you have a lawyer on your side, you can have complicated issues sorted and settled. You can be sure to receive good advice with issues such as substantial income, child support and custody, assets and debts among others. The lawyer will work best to protect your interests.

2. A family lawyer reduces stress

Divorce can be a stressful affair. Considering that your lawyer will handle everything, you can relax and spend time with loved ones, taking your mind off the demands of the entire process. They handle legal work, freeing you to sit back and get yourself together. You will manage to handle the transition better with a family lawyer assisting you.

3. Hiring a lawyer keeps mistakes minimal

The legal system can be very complicated and this coupled with the stress associated with a divorce can lead to costly mistakes. You really cannot forget to address issues that are of utmost importance. Some people end up overestimating or underestimating asset value and these are some of the mistakes that can lead to financial harm. When you have a lawyer to help you out, you can be sure that all proceedings will be handled correctly and this also saves time.

4. A lawyer simplifies the legal process

Court room fights can be costly and a family lawyer works hard to ensure that they are avoided at all costs. They are responsible for preparing the pleadings, filing, attending trials and all court proceedings whenever there is a need to. They basically handle the entire process and keep the parties involved sober, thus simplifying the legal process.

5. Delays are avoided

Without legal counsel, your chances of having problems with the required paperwork are high. Not completing the proper forms correctly and failing to provide enough of the needed information can lead to delayed rulings. Legal processes that take too long can be exhausting and frustrating, but a family lawyer avoids such delays because everything is completed as fast as possible. You will be able to go back to normal life soonest possible and start adapting to any changes.

Article Source:'Souza/2007086

Article Source:

Tuesday, June 21, 2016

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

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

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

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

1. Go To Court

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

2. Settlement

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

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

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

Article Source:

Article Source:

Saturday, June 18, 2016

What You Need To Know About Alimony Before Divorce

Like most aspects of family law, there are no hard-and-fast rules when it comes to alimony. There are, however, general guidelines for how and when these payments are to be made. For starters, payments always move from the supporting spouse to the dependent spouse. They may also be made in either one lump sum or on a continuing basis. Although there are exceptions for shorter marriages, spousal support can be ordered anytime a couple calls it quits. With that in mind, here's what each party should know before they file for dissolution of marriage.

The Duration

When alimony is ordered, it typically continues until:

- A future date set by a judge
- The dependent spouse remarries
- Your children reach a certain age (18 at the oldest)
- A significant life event forces a judge to modify the original payment amount
- A judge decides that the dependent spouse has had enough time to become financially independent

For The Supporting Spouse

If you've been married for several years and you earn substantially more than your husband or wife, odds are you will be ordered to make regular payments. The amount you must remit is based in no small part on the standard of life your soon-to-be ex-spouse enjoyed during the marriage. In other words, he or she will not be expected to go from the penthouse to a basement apartment overnight. As the payer, you will be expected to support them in a manner to which they are accustomed.

It is also important to mention that being ordered to pay alimony is not tantamount to a guilty verdict. It does not mean you made a mistake or are mostly responsible for the breakup of the marriage. In most cases, all it means is that you make more money than your ex and must, therefore, help him/her make a smooth transition into life without you. As such, you should not see it as a failure or something that could have been anticipated.

For The Dependent Spouse

You might want to sever all ties with your ex, but refusing alimony is seldom a good idea. This is especially true if you have been out of the workforce for many years. Whether you were a stay-at-home mother or father, going back to work after a long absence can be challenging. The courts recognize that fact, which is why they often order spousal support. How is it determined?

Whether you worked during the marriage or not, the amount of alimony you receive is usually based on three factors: your earning capacity, how much your ex earns, and your standard of living during the marriage. But even when regular payments are ordered, you may be expected to make some changes in your professional life. For example, if you only have a part-time position, the court may require that you try to find full-time work within a certain period of time. The rationale for that recommendation is that spouses should not receive support when they may not need it.

Although it's not mandatory in most states, spousal support can be ordered by a judge in most cases.

Article Source:

Article Source:

Wednesday, June 15, 2016

A Social Security Disability Attorney Can Help With Your Disability Claim

First a quick look at what Social Security Disability (SSD) is not. SSD is not State Disability Insurance (SDI) which is an injured worker's insurance program administered by the Employment Development Department (EDD) of the State of California. And SSD is of course not a private disability insurance plan of the type which was once a widely available fringe benefit for employees, but is becoming increasingly rare. On this website, we will discuss these disability plans in the future.

So what is Social Security Disability? Generally, it is a system funded and administered by the federal Social Security Administration to provide disability benefits to two classes or categories of disabled people. To qualify, a person must fall into one class or the other. Unfortunately, not every disabled person meets the qualification to be in either class. Therefore, there are many disabled people who do not qualify for Social Security Disability benefits. Many do, however, and they are either disabled persons who have worked in the past and paid into Social Security from their earnings for a sufficient period of time, or they are disabled persons who are without substantial assets.

Those in the first category receive benefits under Title II of the federal Social Security Act. They are referred to as "Title II" beneficiaries, or "SSDI" (Social Security Disability Insurance) beneficiaries. Title II and SSDI refer to the same beneficiaries.

The second category receives benefits under Title 16 of the Act. These beneficiaries are generally referred to as "SSI" (Supplemental Security Income) beneficiaries.

The same criteria for establishing whether a person is disabled applies to both SSDI and SSI claimants. Beyond that there are many differences, such as:

(1) What it takes to meet the criteria to be in one class or the other, or in some cases, both classes at the same time;

(2) What monthly disability payments will apply;

(3) What past due benefits will apply;

(4) When Medicare benefits will go into effect. Remember an important part of a disabled person's benefits is medical care insurance through the federal Medicare program, regardless of how old the disabled person is.

It is important to have a legal representative help with your Social Security Disability claim. Your security disability attorney will help to establish that you belong in a class that qualifies, and more importantly, that you meet Social Security's complicated criteria for establishing your disability. Here, having an attorney can make a big difference. A much higher percentage of applicants who have a legal representative assisting them recover benefits, than those without a representative.

You should know that what an attorney can charge you is controlled by the law, and that there will be no fee charged unless you recover your benefits. Fees are not charged "up front." They are always paid from past due benefits, if any, owed to you when the award of benefits is made.

The Disability Determination Process

After the Application has been filed, the Social Security Administration (SSA) investigates the claim. As part of the application paperwork you will need to identify your doctors. They will be contacted by letter and asked to provide copies of your medical records. Not all doctors cooperate. Those records that are provided are then reviewed, and based on that review, the claim for disability benefits is accepted or denied. A very high percentage of the applications are denied at this point, so this first denial, while disappointing, should not discourage you from continuing with your claim.

The first denial is appealed by filing a Request for Reconsideration. Instructions for making this request are provided with the denial. The same medical documents are then reviewed by another person and in nearly all cases, the claim is denied a second time. Again, while disappointing to the applicant, you should proceed with the claim. Instructions for appealing from the second denial are provided with the denial letter. This second appeal will be in the form of requesting a hearing of the case before an Administrative Law Judge (ALJ).

A Word About Time

While the time it takes from the date of the application to the point of the second denial varies, the typical case will take from two to four months. The second appeal, the request for hearing before an ALJ, starts another clock running, and the file is transferred to another branch of the determination processors.

If the SSA has not already had you examined by a medical specialist, you may have a medical examination scheduled now. More medical records may be requested for review, and your case is then placed in line for calendaring an ALJ hearing. This second round of processing takes many months and it will probably total about eight months from the time you request an ALJ hearing to the hearing date itself.

More About Having Representation

Your experienced social security disability attorney can be particularly helpful throughout the claim process after your first denial. Your doctors may have to be prodded to provide records, additional doctors, therapists, and counselors may need to be contacted. Your attorney will write, and talk to them in person as necessary. Your attorney may ask them to prepare statements about your physical or psychological limitations that consider the specific points that the ALJ will be looking for in deciding your claim. Your attorney will then prepare you and any witnesses he/she feels are necessary for their testimony at the ALJ hearing, and your attorney will accompany you and represent you at the hearing itself.

After the hearing, your attorney remains active in the case by:

- Gathering and submitting any additional documentation that the ALJ requests;

- Explaining the ALJ's decision to you, whether favorable or otherwise;

- And in the event of an unfavorable ruling by the ALJ, appealing your case to the Appeals Counsel if the facts and law warrant.

Be sure you hire an experienced social security disability attorney to help you overcome the hurdles imposed by the social security administration.

Article Source:

Article Source:

Sunday, June 12, 2016

What to Look for in a Divorce Attorney

The choice of a divorce attorney is very important because it can make or break the settlement you receive following your divorce. Knowing what to look for in the attorney you choose is very important to the outcome.

The first thing you should do is to select an attorney who specializes in this particular area of the law. Look for a law firm that specializes in family law and divorce. A lawyer who has a number of years' experience in this specialty will be better equipped to handle your case than will an attorney who has worked in another area of the law.

Be aware that unlike the medical community, in the legal profession there are no specific rules and/or regulations that stipulate under what circumstances an attorney can call him or herself a specialist. To ensure that you do not hire a divorce specialist who really works in a variety of areas of the law you need to do research and found a law firm that specializes in divorce.

You need to find a divorce lawyer who has as much experience as possible. You want to find one who has been practicing for a number of years and has had a fair amount of experience in the state you reside in. Just as other professionals move for personal and work reasons, the same can be said for family law and divorce lawyers. There may be a new lawyer in your area that is good at what he or she does but has not had the opportunity to become as familiar as possible with the family laws in your state. This makes a difference so do not disregard this point.

Being prepared for whatever is to come during your divorce proceedings is so essential. For this reason you need to choose for yourself a divorce attorney that has had a decent amount of experience in a courtroom. The more experience he or she has the better it will be for you. It is a common assumption that all attorneys have spent plenty of time in a courtroom in front of a judge. This is not necessarily the case. Hopefully your case will not need to go to court. If it does though you want to be accompanied by a lawyer who knows his or her stuff and can help walk you through the process.

It can be intimidating to step inside a courtroom and have your personal life discussed. For this very reason having a divorce attorney by your side that is well acquainted with the system and all the complexities of it can help to put your mind at rest. It also helps if the lawyer has brought cases before the selection of judges that could be assigned to your divorce case.

Not only do the credentials of the attorney matter but so does his or her personal qualities. Hire a divorce attorney that you are comfortable talking with and one that you respect and like as a person. You need a lawyer who has interpersonal skills that are very good as he or she will have to deal with many different people throughout the divorce negotiations and proceedings.

Article Source:

Article Source:

Thursday, June 9, 2016

A Workers' Compensation Attorney Considers the Past and the Future

The workers' compensation attorney of today faces an ever-changing legal landscape that can impact whether or not the client will succeed. Rather than filing suits, actions for work-related injuries take the form of petitions that are present to administrative tribunals. These quasi-judicial forums have different practice rules than a traditional court and are governed by state statutory schemes.

While being injured at work may seem like a straightforward situation, there are many variables that a lawyer may have to deal with in the presentation of his/her client's case. Medical histories, the factual circumstances of the incident, and the prognosis for recovery all must be measured against the particular statutory scheme that determines whether an injury qualifies for an award by the tribunal.

Factual Circumstances

The first step that a workers' compensation attorney must take is to investigate the material facts surrounding the injury. The key element here is to establish that the injury was, in fact, work-related. While this may appear to be an obvious conclusion, there are a number of variables that can, and do, impact a finding as to whether the injuries were related to work.

Location is an important factor in developing a petitioner's case. If the injury occurred on premises that were under the control of the employer, a strong argument can be presented that the incident was work-related. The time of the occurrence can also factor into the determination. An employee who was not on the premises during scheduled work hours, for example, may have to supply justification as to why they were present on site when the injury occurred.

While injuries that occur while going to or coming from work are not generally covered, certain circumstances may still fall under the heading of "work-related." The best example is that of an employee who parks their car in a designated spot and is injured while walking to the work site.

Horseplay, intentional or criminal acts, intoxication (or drug usage), as well as other kinds of activity that deviate from the employee's job description could all be reasons that a claim for benefits may be denied. Ultimately, it is the employer who must establish that the injury occurred outside the scope of employment in order to bar recovery.

The Medical Aspect

Establishing the existence of an injury requires the workers' compensation attorney to obtain medical opinions as to the causation, and duration of the injury. This kind of expert testimony will also have to answer questions whether the injury is a new medical situation, aggravation of a prior condition, or the reccurrence of an existing injury that had reached a physical plateau.

Making these kinds of determinations can shift the ultimate responsibility to a prior employer and insurance carrier from the current employer. In the case of disability being permanent, the lawyer may then seek a lump sum settlement in the form of a commutation of future benefits. Some jurisdictions also refer to this as a redemption proceeding. In this case, the injured party agrees to a settlement amount rather than receive weekly checks from the employer's insurance carrier.

The task of the modern workers' compensation attorney is to develop a successful presentation of the client's case that encompasses the past history, the present situation, and future needs. As the case law involving injured workers continues to evolve, the approaches of a litigator specializing in this field must continue to expand as well.

Article Source:

Article Source:

Monday, June 6, 2016

Know Your Rights! Know When To Hire a Social Security Disability Attorney

Social security disability benefit provides disability payments on a monthly basis to those who are unable to engage in employment activities due to physical or mental issues. Have a social security disability attorney represent you for successfully winning the case especially when you are denied these benefits. However, for you to enjoy these benefits; there is a strict qualifying process that you need to pass. There are certain aspects a claimant must prove to the social security administration and this article throws lights on these pointers.

Qualifying process

In order to qualify for social security benefits, the claimant must prove to the administration that he or she is disabled as per the rules laid down by social security administration. Disability could be physical or mental and the claimant should not be able to gain from substantial employment activity. However, small amount of earnings from work can still qualify. A lot of time pin pointing the disability is somewhat skewed because on average 70 percent of applications are denied the first time. However, with the representation of an experienced social security disability attorney, you can convert denials into accepted claims either by reconsideration or through a hearing before an Administrative Law Judge.

Another point to consider is that the claimant should be fully insured for social security benefits. You should have worked to earn 20 calendar quarters of coverage from 40 calendar quarters before you became disabled. This means if you have worked 5 out of 10 years before becoming disabled, you become eligible. If you fall below 30 years of age, you qualify with fewer quarters of coverage. When these eligibility criteria are met, you must finally prove that you are disabled. Benefits are available if you have total disability; If you are partial disabled it will not qualify. You have to be unable to find employment because of medically determined mental or physical impairment. This condition should have or continue to last for at least twelve months.

Legal representation by a social security disability attorney in proving facts

Due to specific significant aspects, you might consider having a social security disability attorney represent you. An attorney helps to gather the right material that is favorable to you in a court of law. It's important to define what qualifies as substantial gainful activity (amount of earning change every year, 2009 saw this threshold amount to be $980 per month), severity of impairments (medical proof of severity of the disability must be produced), listings of impairments (your disability should meet one of the set of impairments as published in the regulations), past relevant work (incapability to do any work you did in the past), other work (incapability to do any other work as well).

Strict guidelines are mentioned in grids that are social security circles. When work capacity, past relevant work, education and your age fit into one of the grids, the legal system determines if you are considered to be disabled or not. However, this is only an indicative framework and if you have other proof to produce, you can do so with the help of a social security disability attorney who can effectively represent you and win the case successfully.

Make an educated decision when looking for the right ssd attorney.

Article Source:

Article Source:

Friday, June 3, 2016

Tips For Comparing Divorce Lawyers

Even mutual separations are tough on both parties. Divorce lawyers are available to aid in dividing finances, property, and assets. They are also instrumental in custody negotiations. If you're going through a separation, use these four steps to help ensure you find the right divorce lawyer for your specific situation and budget.

Stay Focused

You need to be realistic about your situation. Although it can be difficult, try to keep emotions out of negotiations. Feelings of anger and betrayal are counterproductive and make the process harder. Coming to a settlement without court dates and attorney fees is always the best way to handle a separation. If it is in any way possible, work to settle out of court with your spouse. However, this is impossible for many former partners.

Consider Your Needs

If trusting your partner to uphold your rights is something you cannot do, you're going to need an attorney. Before you begin searching for divorce lawyers, you need to define what you expect to get out of your divorce. Identify details about your expectations for finances, property, and custody. Know what types of special services, if any, you need from your defender. If you don't have children, there's no need to pay an attorney who specializes in custodial matters. If you're concerned about getting your share of finances, consider divorce lawyers experienced in dealing with financial matters.

Choose Three Possible Attorneys

Searching can become a long and difficult process. To help you search efficiently, define acceptable rates and expectations ahead of time. Narrow your options down to the three best candidates and schedule consultations. Find possible hires by asking your peers for recommendations, because chances are you know someone who has been through the divorce process. Online directories, phone books, and physical advertisements are other ways you can find an attorney.

Interviews and Research

Once you've settled on three potential hires, you need to set up interviews and thoroughly research the background and reputation of each. Ask to see any special certifications the law office has, and request to meet the personnel who would work on your case. Have someone review rates and payment options, and make sure you're aware of any unusual or unexpected fees. It is hard to estimate total payment until after your divorce is settled, but some lawyers will give you a tentative quote.

Ending a marriage is tough, but with the right lawyer you can enter a new chapter in your life. Begin searching for qualified law professionals in your area today.

Article Source:

Article Source: