CA Workers' Compensation -- Changing Doctors / Medical Provider Network (MPN)
Saturday, December 29, 2018
Wednesday, December 26, 2018
Child Custody Orders are Never Really Permanent Orders
If and when circumstances change, either party can petition the judge to change or modify a custody or parenting time order.
Sunday, December 23, 2018
Protection for Grandparents & Third Parties Who Have Been Awarded Custody
I want to talk to grandparents, parents & third parties who have been awarded custody of a child, perhaps grandchildren or stepchild.
Thursday, December 20, 2018
An Example of an "Abuse of Process" in a Custody Battle (Order of Protection)
I want to talk with you about abuse of process and give you an example of what an abuse of process is so you don’t do it in your custody case.
Thursday, November 29, 2018
Monday, November 26, 2018
What is WORKERS' COMPENSATION? What Does WORKERS' COMPENSATION Mean?
Workers' Compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The tradeoff between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain".
While plans differ among jurisdictions, provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functioning in this case as a form of health insurance), and benefits payable to the dependents of workers killed during employment (functioning in this case as a form of life insurance).
General damage for pain and suffering, and punitive damages for employer negligence, are generally not available in workers' compensation plans, and negligence is generally not an issue in the case. These laws were first enacted in Europe and Oceania, with the United States following shortly thereafter.
Friday, November 23, 2018
What Is My Social Security?
my Social Security is a secure account that puts you in control with access to your information anytime, anywhere. Verify your earnings, view your Social Security Statement, manage your benefits, get a replacement Social Security card, and much more – with your free, personal account.
Tuesday, November 20, 2018
Winning A Custody Battle - 3 Mistakes That Stop You From Winning A Custody Battle
Child custody has got to be one of the most important and stressful things a parent could ever get involved with. From a perspective of an attorney and a psychologist, Paul Jenkins and Sid Unrau are here today to point out 5 mistakes that could stop you from winning your child custody battle.
Saturday, November 17, 2018
Can a Judge Set Aside a Custody Order Against You if Your Weren't Notified?
I want to talk to you about undoing a child custody order that you had no knowledge about. In past videos I’ve talked about the importance of giving a party notice when you are filing an action in court or when you are asking the court to do something. You can give a party notice by serving them with the paperwork and depending on where you live, there are different ways that you can serve a party.
Wednesday, November 14, 2018
One Tip For Easing Your Child's Stress During the Holidays
The holidays may be a difficult time for your child. In this video, DivorceCare expert Laura Petherbridge offers a single gift-giving idea that can ease a child's stress.
Sunday, November 11, 2018
A Father's Custody Journey Part 7 - New Relationships
We are at the final video my 7-part series where I interviewed my client Carlos who was successful in getting equal parenting time with his kids. In this video he is going to talk about new relationship and how his new relationship has impacted his parenting and his relationship with his ex.
Thursday, November 8, 2018
A Father's Custody Journey Part 6 - Healthy Boundaries
This is part 6 of my interview with my client Carlos who recently got equal parenting time and has joint custody of his children. In this video, he talks about the importance of establishing healthy boundaries with both your kids and with your ex.
Carlos who was able to get equal time with his children is such a wise person, client, and father and I’m really excited that I can share his words of wisdom with you. Coming from someone like him who has been in the custody trenches and has been through years of battling for custody, I think you will find it inspirational.
Monday, November 5, 2018
Establishing Your New Normal After Divorce or Separation
Are you eager to get your life back to normal after separation or divorce?
Friday, November 2, 2018
A Father's Custody Journey Part 5 - Spending Time with the Other Parent
This is part 5 of my interview with Carlos who shares his thoughts on co-parenting sharing custody and things he has learned after going through a custody battle with his ex for over a period of a few years. In this video Carlos is going to talk about kids not being able to enjoy time with one parent or the other because they are too concerned with what one parent or the other is thinking.
Tuesday, October 30, 2018
Saturday, October 27, 2018
How Do I Choose A Divorce Lawyer?
Choosing a divorce lawyer is best done through referrals, but looking through the yellow pages, asking friends for advice and calling the state bar association is a good place to start. Find the right divorce lawyer with advice from a certified family mediator in this free video on family law.
Wednesday, October 24, 2018
"Is My Marriage Over?" 5 Signs Your Marriage Is Doomed
"Is My Marriage Over?" 5 Signs Your Marriage Is Doomed
FREE Online Quiz Tool:
Sunday, October 21, 2018
High Conflict Between Parents Can Ruin Your Chances of Joint Custody
This video takes a look at the level of conflict between you and the other parents. If you’re asking the court for a joint legal decision making authority arrangement with the other parent the two of you need to be able to talk to each other.
Thursday, October 18, 2018
What Kind Of Lawyer Do I Need
Litigation injury attorneys are skilled in handling a wide variety of cases when you've been wronged or need to protect your rights. There are many, many laws that may apply to your situation, both on the state and federal level -- and a litigation attorney can explain them to you. So, if you're not sure what kind of lawyer you need, it's ok! Most times, a general litigation attorney can help you with your legal problem.
Monday, October 15, 2018
A Father's Custody Journey Part 4 - Forgiveness & Responding To Attacks
This is part 4 of my interview with my client Carlos who recently got equal parenting time and has joint custody of his children. In this video Carlos talks about forgiveness and how do you respond when you are being attacked either by email, text, verbally or in person and especially in front of the kids.
Friday, October 12, 2018
Tuesday, October 9, 2018
A Father's Custody Journey Part 3 - Finding Balance with Your Children
This is part 3 of my interview with my client Carlos who recently got equal parenting time and has joint custody of his children. In part 3 I talk with Carlos about finding balance with your children. Carlos, as you will see in this interview, is really a compassionate gentle listener and is very good with his children. He takes the time to really listen to what is going on with them but at the same time balances that with the discipline that all kids need when they take a wrong turn.
Saturday, October 6, 2018
About Us: Hodson & Mullin Attorneys At Law
Hodson & Mullin has been a premier law firm in Solano County for over 15 years. The firm has been recognized as the Solano County Bar Association “Firm of the Year” and was recently recognized as "Best Family Law Firm" by the Vacaville Reporter. Both supervising partners, John D. Hodson, CFLS, and Samuel C. Mullin, III, CWCS, have been designated Certified Specialists by the California State Bar Association's Board of Legal Specialization in their practice areas. John Hodson has served as Judge Pro Tempore for the Solano Superior Courts and is a graduate of Pepperdine School of Law’s internationally recognized Straus Institute Litigation Mediation Training Program. Samuel Mullin served as Assistant Suisun City Attorney, both Partners have served as Federal Prosecutors for the U.S. Air Force and Judge Advocates. The Partners’ extensive experience and expertise have earned them repeated honors as “California Super Lawyers.”
The firm’s associate attorneys also bring a wealth of experience to Hodson & Mullin clients. David Flores-Workman is an experienced Workers’ Compensation attorney and also assists clients with Social Security Disability matters and is a member of the California State Bar Association and the Solano County Bar Association
The firm’s focus is on serving the needs of its clients in the North Bay through their two locations at 601 Buck Avenue in Vacaville, and in their Fairfield office at 723 Texas Street, Fairfield. The Partners’ military service also equips them with special expertise in representing military clients. Hodson & Mullin is also one of the few firms in the county with Certified Specialists who are committed to providing expert legal services to Spanish speaking clients.
The firm offers a wide variety of legal services including all aspects of Family Law (Dissolution of Marriage (Divorce), Establishment of Parental Relationship (Paternity), Child Custody and Visitation, Domestic Violence, Prenuptial Agreements, Guardianships, Step-parent adoptions, Contempt proceedings, post-judgment enforcement, mediation and other Domestic Relations matters), Workers’ Compensation, Social Security Disability, Estate Planning, Personal Injury and Civil Litigation.
Hodson & Mullin has been a trusted presence in Solano County for years and the firm prides itself on its commitment to staying abreast of recent changes and current developments in the law through extensive continuing legal education to ensure every client has excellent representation. Much of our business is the result of referrals from former clients. Put our experience to work for you.
Wednesday, October 3, 2018
A Father's Custody Journey Part 2 - Stepping Up to The Plate
This is part 2 of my interview with my client Carlos, a father who recently got equal parenting time with his children & has joint custody of them.
In part two I talk with Carlos about being a father and actually stepping up to the plate and doing the things that you need to spend more time with the children.
I sat down with Carlos a former client who talks about father's rights, his own custody battle journey & what he has learned along the way.
This is part 2 of an interview I did with a former client of mine who is near and dear to my heart. We just finished up a case and although I only helped him for a little while, his custody battle had been going on for years prior. My client has many ideas especially for fathers who feel hopeless and powerless and think because they were not the primary caretaker, they don’t think they can end up with what they want which is more or even the majority of parenting time with their children.
Sunday, September 30, 2018
Thursday, September 27, 2018
Angelina Jolie and Brad Pitt Custody Battle
According to June 6 court papers in the Angelina Jolie/ Brad Pitt custody battle it appears that the children are being closed down to a relationship to their father. This can be considered parental alienation.
The June 6th Court papers obtained by People Magazine states:
"The children not having a relationship with their father is harmful to them and that Jolie could be in danger of losing full custody if the minor children remain closed down to their father."
I would categorize this divorce as a high-conflict divorce and the custody battle seems to be heating up.
I have seen in my custody cases that many times one of the parents will not promote and at worse still discourage the children from seeing the other parent. This is called parental alienation and is quite common especially in bitter custody battles.
Monday, September 24, 2018
Fathers Rights & One Father's Child Custody Battle Journey - Part 1
I sat down with a father who is a former client who talks about father's rights, his own custody battle journey & what he has learned along the way.
Friday, September 21, 2018
Tuesday, September 18, 2018
Who Pays For Visitation? And Other Questions A Family Law Attorney Can Answer
Legal proceedings for a divorce can be an arduous and highly emotional experience, and adding children into the mix can make this time nearly unbearable. To alleviate some of the stress, it is imperative to hire a family law attorney. They are experienced and equipped to answer the hard and fast truths about divorce and custody. Here are a few of the tough questions an attorney can handle.
Can I Modify a Court Order or Judgment?
Under certain circumstances, a judgment can be changed. Custody arrangements can be altered if the child's needs change or if one of the parents has to relocate. If there is a difference in income or employment status, the court can address a previous order as well. As soon as there is an indication that a court order needs to be modified, contact a lawyer.
Will I Have to Pay My Spouse's Attorney Fees?
Whether or not one spouse would have to pay for the other's family law attorney fees varies from state to state. In some cases, if one qualifies as a dependent spouse, he or she would be entitled to lawyer fees. The status of "dependent spouse" is determined by several factors-mainly how much disposable income the person has, and whether he or she depends substantially on the other person for financial support. The traditional example of a dependent spouse is a stay at home parent. However, working parents can also qualify.
Who Pays the Travel Expenses for Visitation?
When parents live in different states, the cost of travel can become a huge expense. Judgments will differ by state, but in most cases, the non-custodial parent will pay for the child to go for court-ordered visitation. In some instances, if the custodial parent has made the decision to move out of state, the judge may order the custodial parent to handle the travel expenses. It is also possible that the court will ask both the parents to create a trip trust fund to ensure that when visitation is needed, there are resources available.
If I Lose My Job, Do I Have to Continue to Pay Support?
If a party's financial circumstances have changed in any way, they are still required to pay the agreed upon amount of support. However, it is encouraged that the affected party notify the court as soon as possible and pursue a modification to the court order. Financial hardship is a valid reason to ask for an adjustment to items like the amount of payment or payment schedule. It should be noted that until the court approves the modifications, all persons should continue to send support in compliance with the original order.
Going through a divorce or custody battle is not only emotionally taxing but also very complex. Laws differ from state to state, and they can also change. It is important to hire someone who is knowledgeable of the most current legal proceedings in the jurisdiction of the case. A family law attorney can help to navigate the proceedings and make way for a clearer and more effective experience.
Article Source: http://EzineArticles.com/9520220
Saturday, September 15, 2018
Wednesday, September 12, 2018
Equal Parenting Rights in Child Custody When Other Parent Was Primary Caretaker
Should a parent get equal parenting time when the other parent has always been the primary caretaker of the child?
Sunday, September 9, 2018
What Is Workers' Comp Insurance? : Insurance Laws & Help
Worker's Comp insurance is also known by its longer title - Worker's Compensation. Find out about Worker's Comp insurance with help from a lawyer in this free video clip.
Thursday, September 6, 2018
The Risk Of An It's All or Nothing Mindset in Your Divorce & Custody Case
I just finished a trial last week and I had hoped going into the case I could help my client settle all of the issues in his divorce and custody case.
Two of the issues had to do with decision making also known as custody and parenting time of the parties’ son.
There also some financial issues and child support. Going into the case it seemed like my client was going to be pretty flexible but as time went on his thinking went to an all or nothing mindset. What that looked like is he refused to consider any settlement offer that any part of it contained wasn’t what was in line with his thinking.
The other party submitted several offers which were pretty good. And my client did have some valid issues regarding decision making and parenting time. But if there was one term that he didn’t agree with he said no to everything.
What ended up happening is we went to trial on all of the issues and he did win on some of the minor issues but on the major issues he did not. Not settling is a risk people decide to take but they must always remember that they are taking a risk when they go to trial.
Monday, September 3, 2018
Workman's Comp : Dos & Don'ts Of Workman's Comp
As an employer, let the workman's comp insurance company know the exact number of employees being covered. Employees covered under workman's comp should always fill out the application truthfully to ensure coverage. Learn more dos and don'ts of workman's comp with information from a lawyer in this free video on workers' comp.
Friday, August 31, 2018
Taking Baby Steps As You Proceed Through Your Child Custody Case
In this week’s video, I want to talk to you about taking baby steps as you proceed through your child custody case. Often times, and it is usually fathers, tell me that they are not getting enough time with their children. They want equal time with their children and to have as much time with their children as the mother has. In many cases, the father may not be getting any time at all or sometimes just minimal time.
Tuesday, August 28, 2018
Saturday, August 25, 2018
Grandparent Rights & Third Party Rights in Child Custody
What exactly are grandparents rights and other third-party rights such as step-parents in child custody?
*This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship. An attorney-client relationship is only formed when you have signed an engagement agreement. We cannot guarantee results. Past results do not guarantee future results. Consult with a licensed attorney for information regarding the specifics of your case.
Wednesday, August 22, 2018
At What Age Does A Child Have A Say In Custody?
There is a misconception that once a child reaches a certain age usually 12, 13, 14 that he or she gets to choose which parent to live with.
In my experience that's not the case. The ages of the child and the wishes of the child is just one factor that the court has to look at. The court has to look at all of the best interest factors.
So when thinking about what the child wants you need to ask yourself:
- Can the child reason?
- If so, does the child have a preference about which parent they want to live with?
- If so, what are the child's reasons?
If a child is telling you that they want to live with you, how is that coming about?
- Are you probing the child or is the child just bringing this up spontaneously?
- Has the child expressed this wish to anyone else besides you?
You may be wondering how a court is going to know what your child wants? Is the court going to make my child get on the stand and testify? My answer is probably not. What I have seen is:
- Judges interviewing & talking to the child in chambers
- Letters that a child wrote and gave to the parent
What I see most frequently is a child being interviewed by a neutral third party usually some sort of mental health professional that is appointed by the court
Sunday, August 19, 2018
Mothers Rights vs Fathers Rights in Child Custody Case
When it comes to deciding custody of a child there's a belief by some fathers that we live in a mothers rights world.*
Judges attitudes are becoming more progressive and what judges are now looking at is what is in the best interest of the children.
So if you are a mother who is fighting for custody of your child don’t get too overconfident and assume that since you are the mom the judge will award your custody or parenting time because that is not the case.
And if you are a father don’t automatically get discouraged and despair that since you are the father that you will not get custody or parenting time because that is not the case either.
Both mother and father still have to prove their case to the judge.
Thursday, August 16, 2018
3 THINGS To ASK When NEGOTIATING A PARENTING PLAN
These are 3 things parents need to address when negotiating & creating a parenting time plan.
Tuesday, August 14, 2018
Friday, August 10, 2018
Tuesday, August 7, 2018
Saturday, August 4, 2018
Getting A Divorce With Kids: What Parents Need To Know
Going through a divorce and worried about the impact it will have on your kids? Parents play an important role in how a child copes with divorce. Dr. Dehra Harris offers her suggestions for managing the impact of divorce on kids. Divorce is stressful, but it doesn’t have to be traumatic. When navigating a divorce, prioritize open and honest communication to help make children feel as comfortable as possible.
Wednesday, August 1, 2018
Workman's Comp : How Does Workman's Comp Work?
Workman's comp insurance works by paying for some percentage of lost earnings and unlimited medical care through an authorized health care provider. Do not allow the statute of limitations to run out before filing a workman's comp claim and consider information from a lawyer in this free video on workers' comp.
Sunday, July 29, 2018
How To Understand The Difference Between Types Of Custody
To understand different types of custody, contact an attorney or local bar association. Find out how to understand the difference between types of custody with expert tips from a psychologist in this free video about family counseling.
Thursday, July 26, 2018
The 5 Stages Of Divorce
This Vlog is about my recent journey through Divorce. I break it down to the "5 stages of Grief" and talk about my experience with
Denial, Anger, Bargaining, Depression and then Acceptance...
This in no way reflects the vast experiences that each, individual person faces when going through a breakup, separation, and divorce. This is a summary of my own experiences and how I arrived on the other side of divorce as a new, whole person.
Monday, July 23, 2018
How To Save Your Marriage When Your Spouse Is Unwilling
Can you save your marriage right now even if your spouse is unwilling to do so? And if it is possible, how do you rebuild your marriage so it becomes stronger than ever?
Friday, July 20, 2018
Part 6: The Appeals Council
This video series explains the Social Security Administration disability insurance claims process. It also describes the roles of the different components involved.
Tuesday, July 17, 2018
Part 5: Appeals
This video series explains the Social Security Administration disability insurance claims process. It also describes the roles of the different components involved.
Saturday, July 14, 2018
Part 4: Quality Review
This video series explains the Social Security Administration disability insurance claims process. It also describes the roles of the different components involved.
Wednesday, July 11, 2018
Part 3: Medical Evidence
This video series explains the Social Security Administration disability insurance claims process. It also describes the roles of the different components involved.
Sunday, July 8, 2018
Part 2: Filing A Disability Claim
This video series explains the Social Security Administration disability insurance claims process. It also describes the roles of the different components involved. For more information, visit www.socialsecurity.gov, call 1-800-772-1213, or TTY 1-800-325-0778.
Thursday, July 5, 2018
Part 1: Introduction To The Disability Process
This video series explains the Social Security Administration disability insurance claims process. It also describes the roles of the different components involved. For more information, visit www.socialsecurity.gov
Monday, July 2, 2018
6 Factors That Lead To Divorce
Reason 1 – You or your partner withdraw from conflicts.
When you try and talk to your partner about a tough issue or problem in your relationship, does he or she engage with you or do they pull away? Studies show that if they pull away, it isn’t a great sign. A 2013 study from the Journal of Marriage and Family found that this sort of “cold” behaviour in response to conflict is a strong predictor of divorce. And another study conducted by the Communication Monographs in 2014 came to a similar conclusion; their study showed that couples that DIDN’T try and actively solve their issues were much less happy in their relationship. Of course, this information doesn’t really come as a surprise at all... but the next time YOU try and bring up a problem in your marriage, see how your partner reacts. Does he or she ask you questions? Do they show concern? Or do they ignore you and give you the silent treatment? If he or she doesn’t give you the time of day, it may be a very strong indicator that something might be causing trouble in your marriage, and that you should address this ASAP.
Reason 2 – Being overly passionate as a newly married couple.
This is a little bit of a weird one…and a little bit counter intuitive too. I mean, you would assume that couples that show a ton of affection for one another, especially as newlyweds, are more likely to build a stronger and longer lasting marriage, right?. However, this doesn’t seem to be the case. A 2001 study from the Interpersonal Relations and Group Process found that, and I quote…. “As newlyweds, the couples who divorced after 7 or more years were almost giddily affectionate, displaying about one third more affection than did spouses who were later happily married.” So interestingly enough, the passionate, overly romantic love stories that you read about in books and Hollywood movies have a LOWER chance of actually making it in the long run! Who would’ve thunk it?!
Reason 3 – You describe your relationship negatively
A Gottman Institute study conducted a series interviews with several hundred couples asking them various questions about their marriage and their spouse… this was called an “Oral History Interview”. By analyzing the language used in these interviews, the study revealed a strong correlation between divorce rate and contemptuous language. Furthermore, couples that described most aspects of their relationship with endearment stayed together longer. Now, this may not seem like a very groundbreaking study… but it’s important to take away one big thing from this… and it’s this:
Obviously, no marriage and relationship is perfect, but failing couples tend to zero-in on the problems and fail to recognize the positive aspects of their partners. So the next time somebody asks you how you feel about your marriage, do your best and try and talk about the GOOD things your spouse brings to the table. In fact, do yourself a favour and write down all the things you love about your spouse and the reason why you married them… and make sure you cherish and memorize that list. You’ll be happy that you did!
Friday, June 29, 2018
Divorce, Separation: Love Your Children No Matter What...
For most people, this means the end of love. For Herve, it didn’t end with his divorce, because the love he and his ex-wife shared for their daughter remained.
Herve explains how he told his daughter about their separation and how this approach is helping other families to minimize the traumatic impact of separation.
Tuesday, June 26, 2018
3 Tips To Increase Your Social Security Check
Social Security is an important part of nearly every American's retirement plan. While it likely won't be enough by itself to cover your costs in retirement, it still will provide a decent foundation. Here are 3 tips to increase the amount you can get from the program:
No. 1: Work longer. Social Security bases its payment for your retirement on your highest 35 years of wage earnings. Working more as a seasoned professional may erase $0 or low-income early career years.
No. 2: Start collecting later. The longer you wait to start your Social Security check, the bigger it will be, up until you reach age 70. If you haven't yet reached age 70, it's an 8% per year increase for delaying between your full retirement age and age 70.
No. 3: Earn more. Any increase in your wage-type income up to the max -- currently at $117,000 -- increases your eventual benefit check unless you already have 35 higher-income or maxed-out years on your record.
Saturday, June 23, 2018
Top Ten Tips For Divorce
Are you struggling because you don't where to turn, now that you are getting a divorce? Divorcing Divas offer their Top Ten Tips to help you get through the legal, financial, and emotional hurdles of divorce. Learn that you are not alone. Hear practical advice on where to go to get support. Remember: it's not the end... it's the beginning.
Wednesday, June 20, 2018
The Origin Of Workers' Compensation Laws In The US
The Origin of Workers' Compensation Laws in the US
Sunday, June 17, 2018
A Social Security Disability Attorney May Be Necessary to Protect Your Rights
Consulting a Social Security disability attorney is a smart move for workers who've become incapacitated due to injury or illness and are no longer able to do their previous jobs. Applying for support is a five-step process that can be complicated and cumbersome. Having sound legal advice can help make the process less confusing for claimants and their families.
The claim should be filed as soon as possible after the accident, illness, or injury. The qualification process can take a year or more, and the sooner a claim is filed after the disability occurs, the better. It's important to establish a timeline early on so that it's clear that the incident or illness caused the disability. The applicant will need to prove that they are no longer able to perform the main duties of the previous job and that the disability prevents them from gaining meaningful work in another or related field. Information like doctor's reports, an official job description, and specific details about the illness, injury, or accident can help establish the validity of a claim. All of this information will be useful during the initial application process and interview.
The application will be reviewed, and the Social Security office will determine:
- Whether the applicant is able to complete his or her former job functions.
- How the work the applicant did compares to how the job is done nationally and whether the applicant can complete the same job in a different way.
- How the injury or illness has affected the applicant's ability to do his or her job effectively.
- Whether the applicant can be trained to do a different job.
In order to determine the answers to these questions, the office will look over medical records, laboratory test results, and other information provided. A Social Security disability attorney can help the applicant understand what is necessary. It's important to turn all forms and information in on time. The applicant is responsible for ensuring the disability office gets all the information it needs to make a determination.
Once the application is accepted, an interview will take place, either by phone or in person. The application process can take three to five months. It's an arduous process, but a necessary one if one is disabled and unable to work. Once the application has been fully processed, the office will make a determination based on whether the applicant's condition matches one on an existing list of disabilities, and the individual's ability to work, either in the previous job or in another job.
Seventy percent of claims are denied, which is why it's important to have an experienced Social Security disability attorney on hand to answer questions and help with the appeals process. Once the claim has been denied, the applicant can file an appeal, either online or by mail. New and updated information from doctors, physical therapists, and others may be helpful when filing an appeal. A Social Security disability attorney can advise claimants on the proper steps to take and documentation to provide when appealing a denial.
The claim should be filed as soon as possible after the accident, illness, or injury. The qualification process can take a year or more, and the sooner a claim is filed after the disability occurs, the better. It's important to establish a timeline early on so that it's clear that the incident or illness caused the disability. The applicant will need to prove that they are no longer able to perform the main duties of the previous job and that the disability prevents them from gaining meaningful work in another or related field. Information like doctor's reports, an official job description, and specific details about the illness, injury, or accident can help establish the validity of a claim. All of this information will be useful during the initial application process and interview.
The application will be reviewed, and the Social Security office will determine:
- Whether the applicant is able to complete his or her former job functions.
- How the work the applicant did compares to how the job is done nationally and whether the applicant can complete the same job in a different way.
- How the injury or illness has affected the applicant's ability to do his or her job effectively.
- Whether the applicant can be trained to do a different job.
In order to determine the answers to these questions, the office will look over medical records, laboratory test results, and other information provided. A Social Security disability attorney can help the applicant understand what is necessary. It's important to turn all forms and information in on time. The applicant is responsible for ensuring the disability office gets all the information it needs to make a determination.
Once the application is accepted, an interview will take place, either by phone or in person. The application process can take three to five months. It's an arduous process, but a necessary one if one is disabled and unable to work. Once the application has been fully processed, the office will make a determination based on whether the applicant's condition matches one on an existing list of disabilities, and the individual's ability to work, either in the previous job or in another job.
Seventy percent of claims are denied, which is why it's important to have an experienced Social Security disability attorney on hand to answer questions and help with the appeals process. Once the claim has been denied, the applicant can file an appeal, either online or by mail. New and updated information from doctors, physical therapists, and others may be helpful when filing an appeal. A Social Security disability attorney can advise claimants on the proper steps to take and documentation to provide when appealing a denial.
Article Source: http://EzineArticles.com/9204872
Thursday, June 14, 2018
Why Hiring A Divorce Attorney Is A Good Idea
As a marriage starts out in euphoria, sometimes it doesn't last and soon enters into a divorce. Around half of all marriages will fall apart and eventually file for divorce. The next step that should be considered is either obtaining a divorce attorney or attempting to file all the legal documents by yourself. There should be some careful consideration before a decision is made.
No one goes into a marriage thinking they will eventually file for a divorce. Dismally in our society, divorces have become more common and accepting than generations before. Either way, the whole family is hurt by a divorce. Emotions and strengths of character are tested during the roller coaster ride of a divorce. By having emotions and feelings being hit so hard, a person going through a divorce should not have to deal with the legal issues pertaining to their case. This era in one's life should not be thought lightly and a divorce attorney should be hired to ease the burden. Even if you are contemplating hiring a divorce attorney, it should be considered that even lawyers will hire and delegate their own divorces to other attorneys.
Advantages When Hiring a Divorce Attorney
1. Experience- Many people going through a divorce, do not have the slightest clue of the legal proceedings. A divorce attorney, on the other hand, will know exactly what and when to proceed with filings. Having a legal professional that has expertise in family law will be an advantage to your side. They will be able to educate and inform their clients about the particulars of divorce laws that are unique to your locality. Family law specialists will be able to offer their insight on what the outcome of the divorce will yield. There is no perfect divorce equation, but having the experience, a divorce lawyer can have a good guess on what is going to happen.
2. Local Experience- Hiring a local attorney is much better than hiring a high profile attorney that is not located in your jurisdiction. Not only will they understand the local laws, but they will have a good impression on other lawyers, court clerks, and judges who will be running your case. This is an advantage as the lawyer can predict actions of judges and anticipate other divorce attorneys moves.
3. No Emotional Bond- From the emotional toll before and during your divorce proceedings, you will become attached to certain items and intangible aspects through the divorce. A divorce attorney will not have the emotional bond to a court case that a person going through the divorce will have. There is no doubt that the legal representative will have your best interest, but he or she will not make irrational decisions based on emotions. They will rather base decisions on fair compensation and legal practices. If a person is going through a divorce with children, these emotions are even higher, having another reason to hire a family law specialist.
4. Efficient- If a person is trying to complete their own divorce, it will take a lot of research, time and effort to understand the legal filing process, terms, and procedures. If that same person is working and taking care of kids, it's nearly impossible to complete efficiently. When hiring a divorce attorney, these tasks will be handled swiftly and professionally by your divorce lawyer.
5. Expertise- By working with the same type of clients and dealing with the legal system, a divorce lawyer has built an expertise in the family law field. Other attorneys may practice different entities of the legal system, but an attorney who deals strictly with family law and divorce will have built their reputation and expertise in that field. Whenever hiring an attorney, always make sure they have expertise or credentials showing their skills in their field of practice.
If you are deciding whether or not to hire a divorce attorney, it will be much easier on you and your family if you do. By hiring a divorce lawyer, he/she will be giving the professionalism and experience that is needed when dwelling into the legal system. The divorce attorney be as efficient as possible with filing papers with the courts and not having the emotional bond that their clients hold onto during a divorce. Hiring an expert in the field of family law will give you an advantage and save much time and effort during a high turmoil time in your life.
No one goes into a marriage thinking they will eventually file for a divorce. Dismally in our society, divorces have become more common and accepting than generations before. Either way, the whole family is hurt by a divorce. Emotions and strengths of character are tested during the roller coaster ride of a divorce. By having emotions and feelings being hit so hard, a person going through a divorce should not have to deal with the legal issues pertaining to their case. This era in one's life should not be thought lightly and a divorce attorney should be hired to ease the burden. Even if you are contemplating hiring a divorce attorney, it should be considered that even lawyers will hire and delegate their own divorces to other attorneys.
Advantages When Hiring a Divorce Attorney
1. Experience- Many people going through a divorce, do not have the slightest clue of the legal proceedings. A divorce attorney, on the other hand, will know exactly what and when to proceed with filings. Having a legal professional that has expertise in family law will be an advantage to your side. They will be able to educate and inform their clients about the particulars of divorce laws that are unique to your locality. Family law specialists will be able to offer their insight on what the outcome of the divorce will yield. There is no perfect divorce equation, but having the experience, a divorce lawyer can have a good guess on what is going to happen.
2. Local Experience- Hiring a local attorney is much better than hiring a high profile attorney that is not located in your jurisdiction. Not only will they understand the local laws, but they will have a good impression on other lawyers, court clerks, and judges who will be running your case. This is an advantage as the lawyer can predict actions of judges and anticipate other divorce attorneys moves.
3. No Emotional Bond- From the emotional toll before and during your divorce proceedings, you will become attached to certain items and intangible aspects through the divorce. A divorce attorney will not have the emotional bond to a court case that a person going through the divorce will have. There is no doubt that the legal representative will have your best interest, but he or she will not make irrational decisions based on emotions. They will rather base decisions on fair compensation and legal practices. If a person is going through a divorce with children, these emotions are even higher, having another reason to hire a family law specialist.
4. Efficient- If a person is trying to complete their own divorce, it will take a lot of research, time and effort to understand the legal filing process, terms, and procedures. If that same person is working and taking care of kids, it's nearly impossible to complete efficiently. When hiring a divorce attorney, these tasks will be handled swiftly and professionally by your divorce lawyer.
5. Expertise- By working with the same type of clients and dealing with the legal system, a divorce lawyer has built an expertise in the family law field. Other attorneys may practice different entities of the legal system, but an attorney who deals strictly with family law and divorce will have built their reputation and expertise in that field. Whenever hiring an attorney, always make sure they have expertise or credentials showing their skills in their field of practice.
If you are deciding whether or not to hire a divorce attorney, it will be much easier on you and your family if you do. By hiring a divorce lawyer, he/she will be giving the professionalism and experience that is needed when dwelling into the legal system. The divorce attorney be as efficient as possible with filing papers with the courts and not having the emotional bond that their clients hold onto during a divorce. Hiring an expert in the field of family law will give you an advantage and save much time and effort during a high turmoil time in your life.
Article Source: http://EzineArticles.com/6266830
Monday, June 11, 2018
Friday, June 8, 2018
The History Of Marriage - Alex Gendler
A white, puffy dress. Eternal love. A joint tax return. Marriage means something different to everyone and has changed over time and across cultures. Alex Gendler traces the history of getting hitched, providing insights on polygamy, same-sex unions and even marriage between the dead and the living.
Lesson by Alex Gendler, animation by Augenblick Studios.
Tuesday, June 5, 2018
About The Divorce Rights Of Military Spouses
About the Divorce Rights of Military Spouses. Part of the series: Military Service Information. There are many rules and laws regarding the rights of divorced military spouses that are written out in the Uniformed Services Former Spouse Protection Act. Get commissary, exchange and health care benefits as the divorced spouse of a military member with help from a private in the military in this free video on military service.
Saturday, June 2, 2018
Quick Tips For Finding A Lawyer
Almost everything we do is affected by laws. There are so many laws that it would take a person with an average reading skill over a thousand years just to read the law book. As if we have nothing else to do with our lives but read laws. So what do we do when a legal situation arises? Do we handle it ourselves or do we call a lawyer who's been trained in the legal field? For many people, the thought of calling a lawyer may be frightening. Sometimes they might not even know if they need a lawyer or how to even choose one so they might avoid contacting a lawyer even when it is in their best interests to do so. However, do your homework before you hire a lawyer for yourself and/or your business. At the time when you are faced with serious legal or medical problems, you still need to make a good, informed decision about who will represent you. And it doesn't have to be as hard or as costly as you may think to find a good lawyer. Provided below are some quick tips that can take the stress out of finding a lawyer.
Can I represent myself?
You have the right to represent yourself. However, the law is extremely complex and changes frequently. Unless you dedicate 100% of your time into educating yourself with all of the laws and legal procedures relevant to your case, you stand a good chance of losing. You may very easily overlook a legal aspect affecting your case that may sometimes bring unanticipated legal consequences that can be difficult and expensive to undo. So, you need to weigh the risks and benefits of representing yourself vs. hiring a lawyer to represent your case.
When do I contact a lawyer?
When faced with a problem that you think it needs legal attention, you may wish to consult with a lawyer about your legal rights and responsibilities as soon as possible. Many states have deadlines for filing lawsuits, especially for personal injuries. These so-called "statute of limitations" laws are designed to encourage people to promptly come forward and present their case. But this doesn't mean that you have to simply pick the first lawyer you bump into because you're in a hurry, as you will learn from these tips.
How do I choose the "right" lawyer for me?
From a personal aspect, selecting a lawyer is always a personal matter. But, as with any service providers, the lawyer is just providing his/her service to his/her client. So, the lawyer-client relationship needs are based on trust and open and honest communication so the lawyer could provide the best of his/her service. It requires a mutual commitment from both the client and the lawyer. If the client is not cooperating fully, the lawyer could not provide the best of his/her service. At the same time, if the lawyer is not easily accessible and prompt in responding to your phone calls, emails, and requests, you're going to get nothing but frustration. Hence, when choosing the "right" lawyer for your case you need to feel 100% comfortable when talking to that lawyer and feel confident in his or her abilities. If there's even a single doubt, you need to keep looking. Your case is too important to entrust to someone who does not inspire your confidence.
From a professional aspect, people often believe that simply any lawyer could handle any case. This misleading confidence frequently works to the client's disadvantage. No lawyer is skilled in every area of the law. So, to find the "right" lawyer for your case you need not be shy about asking your prospective lawyer questions until you gain full confidence in his or her ability. Only then would you select that lawyer. Actually, while asking the questions, you'll be able to observe the lawyer's responsiveness and readiness to cooperate with you. Some of the most important questions you need to ask your prospective lawyer when going through the selection process are:
- What amount of experience do you have in this area of the law (the area of your legal need)?
- Will you or one of your associates handle my case? - if an associate handles your case, that's the person you need to interview.
- How many cases like mine have you handled? - ask for specifics for each of the cases.
- Could you provide me with references from some or each of the cases? - make sure you call each of the clients to learn about their experience.
A responsible and a caring lawyer would have no problems providing you with answers. If the lawyer is giving you runarounds for each of the questions and not providing you with specific answers, you need to keep looking. Also, always check with your State Bar Association if that lawyer has been the subject of an ethical complaint or inquiry.
Where do I find a lawyer?
No matter where you look for a lawyer, always keep in mind the above tip for choosing the right lawyer for you. Nevertheless, here are a few places to look for a lawyer:
- Yellow Pages and Advertisements - When you open your local yellow pages doesn't it seem like the doctors and the lawyers cover the half of the book with advertisements? It almost looks as if they're the only ones having the money for full-blown ad pages. Speaking of ads, unless you have a marketing/sales knowledge and experience, you would never know how advertisements work. The advertisements are developed to psychologically trigger your emotional senses and make you respond to the call of action of the ad. It's a science of its own. So, you as an average consumer would have no idea which advertisement is telling the truth and which has the truth blown out of proportion. But, this is a very good place to at least get some names and phone numbers from local lawyers and start your selection process.
- Your Society Circle - Your family, friends, people you work with, people you talk to, people you know of ... start asking around. This is one of your most reliable sources. You will have a chance to get the first-hand experience. Someone who has been in a same or a similar situation could tell you about their experience (good or bad) with their lawyer. If their experience has been nothing but good, you have a half of your work done. And even if no one in your social circle could refer you to a lawyer, they might know of someone else from their social circle who might have been in a similar situation. Some of the most reliable referrals come from people you trust - fellow business owners, friends and family - who have used lawyers recently. Word of mouth from a satisfied customer generally is very reliable.
- Bar Associations - This is another reliable source. Your local attorney bar association may maintain an attorney referral service, which is a list of their members by specialty who will consult with you for free or at a special rate set by the bar association for the first conference. The Bar Association could also tell you if a lawyer has been a subject of an ethical complaint or inquiry from past clients.
- The Internet - Indeed the Internet. But, this is your least reliable source because everything could be put on the 'net. However, just like with advertisements, you could use the Internet to at least get you a list of local lawyers practicing in your problem area so you could start the selection process.
Article Source: http://EzineArticles.com/313825
Wednesday, May 30, 2018
LEGAL 101: What's The Difference Between A Divorce And An Annulment?
Rachelle Miller "The Relationship Manager", Family Attorney and Relationship Educator explains the difference between an Annulment and a Divorce.
Sunday, May 27, 2018
California Workers' Compensation - Temporary Total Disability (TTD)
California Workers' Compensation - Temporary Total Disability (TTD)
Thursday, May 24, 2018
The Impact Of Divorce On Children: Tamara D. Afifi at TEDxUCSB
Tamara Afifi is a Professor in the Department of Communication at UCSB. Most of her research focuses on how family members cope communicatively with various challenges they face. When examining her research program, two primary themes emerge (1) information regulation (privacy, secrets, disclosure, avoidance) in parent-child and dating relationships, and (2) communication processes related to uncertainty, loss, stress and coping in families, with particular emphasis on post-divorce families. Professor Afifi was the recipient of the Young Scholar Award from the international communications Association in 2006 and the Brommel Award from the National Communication Association in 2011 for a distinguished career of research in family communication. She has also won several other research awards, including the Franklin Knower Article Award in 2004 and the Distinguished Article Award in 2008 from the National Communication Association. Finally, she has received numerous teaching awards, including a Distinguished Teaching Award from the faculty senate at UCSB in 2009.
Monday, May 21, 2018
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.
Article Source: http://EzineArticles.com/9039649
Friday, May 18, 2018
Annulment Versus Divorce
There are various ground upon which an annulment or a divorce could be granted by a court. The legal consequences could be very important, since an annulment basically erases a marriage, whereas a divorce simply terminates it
Tuesday, May 15, 2018
Saturday, May 12, 2018
Divorce Advice : How To Protect Yourself In A Divorce
In order to protect yourself in a divorce, determine if you agree with the divorce or not. Remember that all 50 states have 'no-fault' divorce and protect yourself with tips from a certified family mediator in this free video on divorce and relationships.
Wednesday, May 9, 2018
Workers' Compensation Attorney: Understanding The Process And When To Hire A Lawyer
If you get hurt at work, you are traditionally covered by workers' compensation insurance. There are, however, some things that you have to do to ensure that the medical bills are paid by your insurance plan instead of out of your pocket. In some cases, you may need to enlist the help of a workers' compensation attorney, who specializes in these types of proceedings.
Understanding the Process
To know when to get help, you must first understand what types of injuries are eligible for coverage. The injury must occur while on the job during regular or overtime duties. If it occurs during lunch or regular breaks, it is not always covered because you are not supposed to be working during those times. The impairment must be something that is related to your job performance.
In order for insurance to cover cumulative injuries, such as carpal tunnel or back injuries due to sitting or standing, they must be filed in a timely manner. These injuries are hard to prove just based on an x-ray or a medical exam. Unless there is accurate medical documentation, some companies treat these complaints as suspect. Employees then have a harder time getting the company to take care of any medical bills.
In order to increase your chances of approval, you do not want to wait to file a claim. Filing early, however, does not guarantee that you will be approved for compensation. If you are denied, you can appeal the decision and this is where a qualified workers' compensation attorney is your best ally.
Meeting with your lawyer
When you meet with your lawyer you need to explain the circumstances of your injury. Explain all the steps that you took to have the injury documented. You should also tell them how soon you filed and provided copies of all documentation.
At this time, he or she will give you information on your options. You may end up in court or there could be a negotiation set up between you and the business's insurance company. Your lawyer will be with you for any of the proceedings.
Some employers do not carry the recommended insurance to help cover costs in the event of workplace injury. If this is the case, your workers' compensation attorney can help you negotiate a settlement in which your employer will reimburse you for medical expenses related to the injury.
There are times this may go to court and end with you suing for a settlement. The entire process is different as there may be no formal documentation filed with your employer.
Workers' compensation attorneys can also help if you have been fired due to an injury. Workplace injuries cannot be the reason for being let go and you can sue for wrongful termination. While you most likely get your job back, you can be compensated for lost wages until such time as you can obtain a new job.
Because laws vary from state to state it may be in your best interest to contact a workers' compensation attorney before you submit any paperwork to ensure that it is correctly completed. This helps ensure that the application for insurance reimbursement is approved and avoids a long legal proceeding.
Understanding the Process
To know when to get help, you must first understand what types of injuries are eligible for coverage. The injury must occur while on the job during regular or overtime duties. If it occurs during lunch or regular breaks, it is not always covered because you are not supposed to be working during those times. The impairment must be something that is related to your job performance.
In order for insurance to cover cumulative injuries, such as carpal tunnel or back injuries due to sitting or standing, they must be filed in a timely manner. These injuries are hard to prove just based on an x-ray or a medical exam. Unless there is accurate medical documentation, some companies treat these complaints as suspect. Employees then have a harder time getting the company to take care of any medical bills.
In order to increase your chances of approval, you do not want to wait to file a claim. Filing early, however, does not guarantee that you will be approved for compensation. If you are denied, you can appeal the decision and this is where a qualified workers' compensation attorney is your best ally.
Meeting with your lawyer
When you meet with your lawyer you need to explain the circumstances of your injury. Explain all the steps that you took to have the injury documented. You should also tell them how soon you filed and provided copies of all documentation.
At this time, he or she will give you information on your options. You may end up in court or there could be a negotiation set up between you and the business's insurance company. Your lawyer will be with you for any of the proceedings.
Some employers do not carry the recommended insurance to help cover costs in the event of workplace injury. If this is the case, your workers' compensation attorney can help you negotiate a settlement in which your employer will reimburse you for medical expenses related to the injury.
There are times this may go to court and end with you suing for a settlement. The entire process is different as there may be no formal documentation filed with your employer.
Workers' compensation attorneys can also help if you have been fired due to an injury. Workplace injuries cannot be the reason for being let go and you can sue for wrongful termination. While you most likely get your job back, you can be compensated for lost wages until such time as you can obtain a new job.
Because laws vary from state to state it may be in your best interest to contact a workers' compensation attorney before you submit any paperwork to ensure that it is correctly completed. This helps ensure that the application for insurance reimbursement is approved and avoids a long legal proceeding.
Article Source: http://EzineArticles.com/9170171
Sunday, May 6, 2018
What Can I Do To MaintaIn A Good Relationship With My Children During And After The Divorce Process?
What can I do to maintain a good relationship with my children during and after the divorce process?
Thursday, May 3, 2018
Divorce Advice : What Is A Petition For Divorce?
A petition for divorce is the initial pleading that a spouse files to start the whole divorce process. Learn about divorce petitions and if jurisdictional requirements are met with tips from a certified family mediator in this free video on divorce and relationships.
Monday, April 30, 2018
Child Custody- Tips For Building Your Case
Couples sometimes neglect opportunities to amicably resolve disputes when involved in the emotion and stress of separation and divorce. This is especially true in matters of parenting and child custody. If the two parties are willing to work together and avoid the courtroom, mediation can be a more favorable option, but in many cases, both parties feel strongly that they are the more suitable parent. In such cases, parties rely on an impartial judge to decide the case based on the facts. Before taking your child custody case before a judge, know what factors help you build your case while avoiding pitfalls.
Building Your Case
The only guarantee in a custody battle is that no one truly wins. During the trial, the opposing party will attempt to pinpoint aspects in which you may have seemingly failed as a parent, even when you believe that you have done the best job possible. When you have made poor choices in some areas, your hope is to convince the judge that those choices do not prevent you from being viewed as the best caretaker for the child(ren). The following steps can help as you prepare your case for custody:
1) Know your role
Simply wearing the title of "mother", "father", or "grandparent" will not hold weight in the courtroom. Be able to prove that you are the better parent. Aside from a title, you will be expected to define your role in the child's life. Consideration will be given to the amount of "waking time" you spend with your child on a daily basis, so be prepared to discuss what you do on any given day or weekend with the child(ren). Providing an account of meaningful experiences that you have given your child(ren) will only help your cause.
2) Keep good records
Possessing a strong feeling of love and responsibility for your child is not enough. When preparing for a custody trial, make an effort to document what you do for your child(ren). Be prepared to give an account as to how much financial, spiritual, educational, emotional, and physical support you provide. It may be wise to keep a journal noting instances that you think your attorney or the judge may find helpful. Judges are more interested in what you do, as opposed to hearing an account of what the other party does not do.
3) Do your homework - literally.
If your case involves school-aged children, know that questions may arise related to school performance and attendance. Being able to demonstrate a history or pattern of positive involvement in your child's education is a plus. Good indicators include Parent-Teacher Association (PTA) involvement, attendance at parent-teacher conferences, and a record of communication with the school related to your child.
Pitfalls
After a brief overview of ways to build your case, the following list represents situations to avoid if possible:
1) Do not assume
Never assume that the judge will favor you over the opposing party due to gender, financial stability, or any other surface related factor. Custody is simply about the question of which party provides the child(ren) with the likelihood of growing up in the best environment. Custody is a matter of character.
2) Playing the blame game
Many have heard the saying, "Keep your friends close, but keep your enemies even closer." In custody matters, it is important that you not seem overly critical or fault finding toward the opposing party. Both parents have a stake in the outcome of the case. If it appears that you are unwilling to work with the other party or consider his/her needs, the judge may view this negatively. Besides, if the case is not decided in your favor, the other party may be more willing to accommodate your needs if they feel less attacked during the custody process. Remember, it is more about what you do as a parent and less about what the other parent does not do.
3) People in your circle
Not everyone who has access to your needs to have access to your child(ren). Far too often, parents are judged by the company they keep. Involvement in numerous or unstable friendships and relationships can negatively impact the way a judge views your ability to provide a safe and stable environment conducive to raising children.
4) Habits that die hard
In a custody case, the past will return to haunt you. It is not okay to be dependent upon or casually accustomed to drugs and alcohol. Nothing speaks more of losing a custody case than drug, sexual, and/or physical abuse. Again, these issues speak to the character of the individual, and judges frown heavily upon such negative habits.
Article Source: http://EzineArticles.com/899443
Friday, April 27, 2018
How Do I Keep My Divorce Private?
In divorce mediation, there are:
1. No public court hearings;
2. No depositions;
3. No submissions of evidence;
4. No courtroom testimony;
5. No discovery;
With mediation, we can file your divorce documents in a foreign jurisdiction so nothing is even filed in your local court.
All negotiating is done in the privacy of the mediator’s office. After coming to an agreement on the pertinent issues in the divorce, the mediator drafts the couple’s decisions into a Marital Settlement Agreement, which is then signed by a Judge and filed with the Court.
Tuesday, April 24, 2018
Does Your Family Need Help From A Guardianship Lawyer?
If you suspect that a love one should have a guardian assigned, but you're not exactly sure if it's possible, it's vitally important that you learn more about which situations call for legal guardians and which ones do not. Understanding when it's possible to have one established can save your family a lot of strife and heartache.
How A Guardianship Lawyer Can Help In Case Of Mental Illness
If you suspect that someone you love is mentally ill and needs help, it's possible to establish guardianships that will control their medical and financial decisions.
The most well known case of this involves Britney Spears. When she spiraled out of control several years ago, her parents agreed that she needed help after she shaved her head and attacked a paparazzo's car with an umbrella. Her father petitioned the court and asked to be granted conservatorship. Although it's not exactly the same thing as becoming a guardian, it's similar (though you should consult an attorney to find out the specific differences in your state).
This conservatorship meant that Britney was no longer able to make her own decisions regarding her finances or medical choices. It's said that her father saved her life by stepping in, but it's unclear whether the conservatorship would continue as a long-term situation.
How A Guardianship Lawyer Can Assist A Minor Child
Situations involving minor children are some of the most commonly understood guardianships. If both parents die without a will, no one is named as the guardian. In these cases, an attorney can help determine who will act as the guardian for the child. It needs to be legally established through the court to ensure that the adult has decision-making authority.
Another situation involving minor children is if parents are unable to care for their children. This can happen because of neglect, but could also be a result of military duty. If a single parent is deployed, he or she can establish guardianships to ensure that a responsible adult is available to make major decisions for the child.
How A Guardianship Lawyer Can Assist The Elderly
If you have a loved one who is getting older and you feel they're unable to make their own decisions in financial and medical situations, it's possible to set up guardianships. Some seniors need help ensuring they receive proper medical care, especially if they have health problems such as Alzheimer's Disease or if they suffer from dementia. Other seniors are especially susceptible to financial scams, and having someone act as a guardian can protect their assets. It can be difficult for seniors to relinquish control over their financial or personal well-being and an attorney will aid families navigating through this tricky situation.
If you're unsure whether a guardianship lawyer can help your family, contact one in your area. He or she will be able to analyze your situation and let you know whether it's appropriate to petition the court to grant a guardian for your loved one.
Article Source: http://EzineArticles.com/7930667
Saturday, April 21, 2018
6 Tips That Will Help You Understand Child Support
Whether you are going through a divorce or just separating from your partner, you'll need to make child support arrangements for any children that you share. The few tips listed below will help you successfully navigate the system.
Determine Who Will Have Primary Custody
Primary custody does not mean sole custody. It simply refers to the parent the child will spend the majority of their time with. For example, if a child spends school days with mom and weekends with dad, then the mother would be listed as the primary custodian, even though both parents are sharing joint custody. This is one factor the judge will look at when determining monetary support obligations.
Prepare an Income Statement
Another factor in deciding the amount of funds to be set aside for the care of a child is how much each parent currently makes at his or her job. The judge will want to see evidence, so take the time to create an income statement that accurately reflects your wages.
Seek Legal Representation
Although you can file for child support without hiring a lawyer, it is not recommended. Seeking legal counsel is the best way to ensure that your child gets adequate support if you are the primary custodian. On the other side, an attorney is knowledgeable about how much money is fair so that you don't end up paying above what is reasonable.
Make Adjustments if Necessary
An order of support is not set in stone. If either party experiences a change in income, or one parent begins to take over the majority of the care of the child, an adjustment can be made. Your lawyer can help you get an adjustment if one is warranted.
An Order Doesn't Necessarily Stop at Age 18
It is a common assumption that child support stops once a minor turns 18, however, this is not always the case. The order can actually remain in effect until a child finishes school, which includes up to five years in college. There are other exceptions to this as well, such as a child who suffers from a disability that renders him or her unable to work.
Take Steps to Enforce the Order
Should the non-custodial parent fail to pay the amount ordered by the judge, there are steps you can take to have the child support agreement enforced. First, you can call the case manager that has been assigned to you and request a delinquency notice. Second, if the delinquency notice is not heeded, you can request a warrant for non-payment of support. Keep in contact with your case manager, and remember that he or she is there to work on behalf of your son or daughter.
Laws are changing all the time, so it is important that you check with your legal representative before requesting aid from the court system. Also, your lawyer will better be able to explain to you the complex formulas used by courts to determine the monetary amounts sufficient for the raising of your child.
Determine Who Will Have Primary Custody
Primary custody does not mean sole custody. It simply refers to the parent the child will spend the majority of their time with. For example, if a child spends school days with mom and weekends with dad, then the mother would be listed as the primary custodian, even though both parents are sharing joint custody. This is one factor the judge will look at when determining monetary support obligations.
Prepare an Income Statement
Another factor in deciding the amount of funds to be set aside for the care of a child is how much each parent currently makes at his or her job. The judge will want to see evidence, so take the time to create an income statement that accurately reflects your wages.
Seek Legal Representation
Although you can file for child support without hiring a lawyer, it is not recommended. Seeking legal counsel is the best way to ensure that your child gets adequate support if you are the primary custodian. On the other side, an attorney is knowledgeable about how much money is fair so that you don't end up paying above what is reasonable.
Make Adjustments if Necessary
An order of support is not set in stone. If either party experiences a change in income, or one parent begins to take over the majority of the care of the child, an adjustment can be made. Your lawyer can help you get an adjustment if one is warranted.
An Order Doesn't Necessarily Stop at Age 18
It is a common assumption that child support stops once a minor turns 18, however, this is not always the case. The order can actually remain in effect until a child finishes school, which includes up to five years in college. There are other exceptions to this as well, such as a child who suffers from a disability that renders him or her unable to work.
Take Steps to Enforce the Order
Should the non-custodial parent fail to pay the amount ordered by the judge, there are steps you can take to have the child support agreement enforced. First, you can call the case manager that has been assigned to you and request a delinquency notice. Second, if the delinquency notice is not heeded, you can request a warrant for non-payment of support. Keep in contact with your case manager, and remember that he or she is there to work on behalf of your son or daughter.
Laws are changing all the time, so it is important that you check with your legal representative before requesting aid from the court system. Also, your lawyer will better be able to explain to you the complex formulas used by courts to determine the monetary amounts sufficient for the raising of your child.
Article Source: http://EzineArticles.com/9334941
Wednesday, April 18, 2018
Thursday, April 12, 2018
Why You Should Hire A Divorce Attorney Rather Than Representing Yourself
If you have decided that your marriage is no longer working, you have a few different options available to you; you can stay together with your spouse and try to make the marriage work, you can try a legal separation period to see whether this has any effect on the situation, or you can legally terminate your marriage with a divorce. In order to file for a formal divorce, you must complete necessary paperwork and submit it properly. If this is not done correctly, your divorce may not be made official, and you could accidentally implicate yourself in marital crimes, such as polygamy. Although it is possible to file for divorce without the aid of an attorney, most people prefer to use a divorce attorney for a few different reasons.
The main reason to use a divorce attorney to represent your interests is that they are skilled and experienced in how divorce proceedings work in the state where they work. They will be able to draw up the necessary paperwork quickly and easily, and they will be aware of any legal subtleties which exist in your area. Some regions have slightly different divorce regulations to other areas, so you may not necessarily be able to follow step-by-step guides which you find on the internet. Because of their knowledge and experience, they will be able to complete the proceedings in as little time as possible, meaning that you can begin to move on with your life, rather than having to drag things out. Divorce attorneys also know the most common pitfalls of divorce work, and therefore they will be able to help you to avoid these issues. Having an experienced person on your side can help you to feel more confident about submitting your finalized proceedings.
If your separation of assets is not clear-cut, you may also want to speak with a divorce attorney because they will be able to negotiate the best deal for you. Attorneys are skilled in the art of negotiation so they will be able to help you to assert your claim on property which is rightfully yours. Many people who do not use a divorce attorney will regret this later on because they will feel upset about relinquishing their claim to assets which were partly theirs.
If your partner has hired a divorce attorney to represent their interests, it is a good idea to make sure that you have one to represent yours. If you try to represent yourself against a professional with experience in the field, you are likely to lose a lot more money (and assets) than you would stand to spend on hiring your own legal professional. An opposing attorney will attempt to confuse you with legal terminology and tricky loopholes so that you accidentally make concessions that you don't want to make. Your attorney will protect you in this respect.
The main reason to use a divorce attorney to represent your interests is that they are skilled and experienced in how divorce proceedings work in the state where they work. They will be able to draw up the necessary paperwork quickly and easily, and they will be aware of any legal subtleties which exist in your area. Some regions have slightly different divorce regulations to other areas, so you may not necessarily be able to follow step-by-step guides which you find on the internet. Because of their knowledge and experience, they will be able to complete the proceedings in as little time as possible, meaning that you can begin to move on with your life, rather than having to drag things out. Divorce attorneys also know the most common pitfalls of divorce work, and therefore they will be able to help you to avoid these issues. Having an experienced person on your side can help you to feel more confident about submitting your finalized proceedings.
If your separation of assets is not clear-cut, you may also want to speak with a divorce attorney because they will be able to negotiate the best deal for you. Attorneys are skilled in the art of negotiation so they will be able to help you to assert your claim on property which is rightfully yours. Many people who do not use a divorce attorney will regret this later on because they will feel upset about relinquishing their claim to assets which were partly theirs.
If your partner has hired a divorce attorney to represent their interests, it is a good idea to make sure that you have one to represent yours. If you try to represent yourself against a professional with experience in the field, you are likely to lose a lot more money (and assets) than you would stand to spend on hiring your own legal professional. An opposing attorney will attempt to confuse you with legal terminology and tricky loopholes so that you accidentally make concessions that you don't want to make. Your attorney will protect you in this respect.
Article Source: http://EzineArticles.com/9096463
Monday, April 9, 2018
What Is A Prenuptial Agreement
Choosing to get married is an exciting decision and should be made after careful consideration. Most of us hope for a lasting marriage, but with the rising divorce rates it doesn't always turn out that way. Therefore, it may be important to consider making plans to protect your personal assets.
Friday, April 6, 2018
How A Social Security Attorney Can Help You Get The Benefits You Deserve
Everyone hopes that they will never need a social security attorney. However, if you become disabled or are unable to work because of a physical or mental illness, you may need help navigating the system to ensure you get the benefits that you are entitled to. An experienced firm who is knowledgeable about social security and disability laws can take care of the interaction with insurance companies, the Social Security Administration, Veterans Administration, and any other groups that may be related to your claim.
The Social Security Administration (SSA) website indicates that everyone is entitled to representation when processing a claim under titles II, XVI, and XVIII of the Social Security Act. However, did you know that most claims are denied initially, and often with the first reconsideration as well, even if an attorney represents you? In that case, an administrative law judge hears the claim. It is at this point that a social security attorney can be a big help to win the claim. While legal representation does not guarantee that you will receive benefits, a reputable firm should be able to provide you with the best possible case and possess all the information needed prior to a hearing.
The SSA considers someone disabled if a person's physical or mental condition makes it impossible to do suitable work for his or her age, education, or work experience. Also, the disability must be one that is expected to last for at least a year or to result in death. To make this determination, the SSA considers the following:
- Is the claimant currently working? If so, and he earns an average of more than $500 per month, he typically will not be considered disabled.
- Can the condition be considered "severe"? Does it interfere with basic work-related activities?
- Is the condition listed in the SSA list of disabling impairments? If it is on this list, the claimant will definitely be qualified.
- Can you do any work that you have done before? If your condition is severe and keeps you from doing your current job, is it severe enough to keep you from doing other work you have done in the last 15 years?
- Can the applicant do any other type of work? If he cannot do anything previously done in the last 15 years, the SSA will consider whether he can do any other type of work based on age, education, past work experience, and skill set.
A qualified social security attorney can help you deal with one of the most confusing of all the federal government systems. If you determine that you meet any of these qualifications, you should contact an attorney experienced with social security claims to help you get all the requirements together to present your case to the SSA. Do your homework and retain one that will do their best to get your benefits in a timely manner.
Article Source: http://EzineArticles.com/8688138
Tuesday, April 3, 2018
Divorce Advice : Top Reasons For Divorce
The top reasons for divorce include adultery, differences in childcare, financial disagreements and addiction problems. Discover and avoid the top reasons for ending marriages with tips from a relationship specialist and talk show host in this free video on divorce.
Saturday, March 31, 2018
The Need For A Good Workers Comp Attorney
Finding a good and reliable workers compensation attorney can be quite a hard task in today's world. I am not saying that there is a lack of lawyers out there, it's finding the right one which can be the problem. Did you know that there are over a million deaths a year which are due to injuries and work related accidents in the United States alone? More often than not the costs are covered between the company and the employee's insurance. But there some cases where your claims would get denied. This is when you need to hire a workers compensation attorney. They would help you get the compensation you deserve.
There are some companies who would do anything not to part with their money. They refuse to pay workers the compensation they deserve. They would stop at nothing to avoid paying the claims. After all the workers have had accidents while on duty and it is their right to claim medical and other expenses. Each year a large number of workers are left to struggle with the injuries as well as having to pay for all their medical expenses because they haven't been given money by their employers. This is why it is very important to have a workers comp attorney on your side. They would study your case and then try to represent you best.
You need to remember that if your injury has occurred when you were not on duty your case would be dismissed. It would be ruled out even if you were under the influence of drugs or alcohol. You would not be given any compensation if you were injured while fighting with a co - worker. Under these circumstances your claim would be dismissed automatically. The first thing you need to make sure of is that you have a viable case. It often happens that an injury takes place due to an employees own negligence. If you are trying to make a false claim no lawyer would take your case up. They would see right through your false claim and would not fight your case.
If you need to find a reliable lawyer there are a few places you could look. If you have a labor union you could contact them and ask for suggestions. If you and your family have a general practice lawyer you could ask for a few of his references. I would suggest you don't hire a lawyer through cheesy TV ads and billboards. This way you would be wasting your money. Remember to do some research online before hiring your lawyer. Look for user recommendations online as well.
You have been injured at work. You deserve money for your injuries. But, the system does not always work. That is when you need good workers compensation attorneys.
Article Source: http://EzineArticles.com/expert/Mary_J._Barras/616251
Article Source: http://EzineArticles.com/5282152
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