Category

Law

Category

The vast majority of Social Security disability compensation claims are originally refused. This is due to several factors. Many applications that are first declined are later approved when you file an appeal. A skilled Social Security disability lawyer can assist you with the appeals process. You can learn more over here

Did you know that just 36% of first disability petitions are approved by the Social Security Administration? The approval rate for the second level of review following an initial refusal is only 14%. While these numbers may appear discouraging, candidates who continue to appeal these decisions are more likely to be approved. Sixty-two percent of previously declined petitions are granted at the third level of appeal before an administrative law judge.

Understanding the appeal process 

The SSA’s appeals process is divided into four stages:

  • Reconsideration 
  • An Administrative Law Judge (ALJ) hearing
  • Appeals Council review
  • Federal court review

You have 60 days after receiving the SSA’s notice of refusal to request reconsideration. If you do not file a request within this time frame, it signifies you agree with the SSA’s judgment and will no longer pursue your claim.         

The SSA will evaluate your full case after submitting your request for reconsideration. They will review their records and any new evidence you offer in your appeal.

 If they refuse to review your request, you can request a hearing before an administrative law judge. After an ALJ hearing, the majority of refused claims are usually granted.

If the ALJ rejects your claim, you can ask the Appeals Council to reconsider the decision. If everything else fails, your only option is to take your case before a federal court judge. The ruling of the federal court is definitive and irreversible. You can also make a new claim but may lose certain benefits or become ineligible.

Here are some pointers to help you succeed in the disability reconsideration stage.

Be on time 

The Social Security Administration (SSA) sends you a refusal letter if your application is denied. You have 60 days from the date of receipt of this letter to respond. You must submit your appeal in writing within this time frame. If you are delayed and file an appeal beyond the 60-day deadline, it will almost probably be refused.

Submit the proper documents. 

When filing a reconsideration appeal, you must complete a certain form. This is referred to as Form SSA-561. You must also submit a Reconsideration Disability Report. This report supplements your original claim by providing fresh and pertinent information about your application.

A third form, Authorization to Disclose Information to the SSA, is also necessary when submitting for disability review. As the name implies, this medical release form authorizes the Social Security Administration (SSA) to examine your disability-related medical data.

Workers’ compensation, sometimes known as “workers’ comp,” is a government program that provides payments to employees who are injured or get ill as a result of their employment. It acts as a disability insurance policy, providing monetary and healthcare benefits to employees who are directly impacted by work-related injuries or illnesses. Workers’ compensation is generally regulated by separate states in the United States, with varying benefits mandated in each jurisdiction. Learn more from a Richmond workers’ comp attorney.

Is it possible for me to receive benefits if I contributed to my injury?

Yes, in the workers’ compensation system, fault is not a consideration. If the injury occurred at work, it makes no difference who was at fault. You may be eligible for benefits if you can demonstrate this. However, some scenarios, such as disregarding safety standards, causing purposeful self-harm, driving while intoxicated, or being hurt in a fight, may exclude you from collecting compensation.

What if the company I work for is not covered by workers’ compensation?

Employers are not authorized to acquire private workers’ compensation insurance and must obtain it through a government organization. This law is strictly enforced by the Bureau of Workers’ Compensation, and fines for disobedience may be imposed. fines for late payroll reports and premium payments include both fines and potential liens for unpaid premiums or claim fees. If an employee is injured while the insurance is still active, he or she has the right to sue the company for any resulting losses and expenditures.

Will I be able to sue a third party for negligence?

In some situations, employees can pursue a personal injury lawsuit against a third party while concurrently filing a workers’ compensation claim against their employer. Such situations include being injured in a car accident caused by a distracted driver while driving for work, being injured on a poorly-maintained property not owned by the employer (e.g., a construction site), being exposed to a toxic substance due to faulty safety equipment, or being injured by a defective product used for work.

Final thoughts:

Employers in all states are required to provide workers’ compensation coverage to some employees, however, the regulations and exclusions vary. Contractors and freelancers are often excluded from coverage, and specific occupations may be prohibited or have restricted benefits based on state rules. If you need more information on this, a lawyer will be able to help.

What if divorces did not have to be contentious and expensive? A practical technique to divorce your husband may not be suitable for everyone. Everything depends on your circumstances and how amicably you split up with your partner.

You can save a good cent or two if you and your ex can agree on the conditions of your separation, file for divorce online, and sell your belongings at a divorce sale instead of going to court. If you are in Milwaukee, a Milwaukee divorce lawyer can help you.

What is the Most Affordable Divorce Procedure?

The greatest approach to saving money on legal fees during a divorce is to avoid a protracted legal dispute.

Couples who agree on the conditions of their separation, though this is not always feasible, will spend less time with attorneys and in court overall, saving thousands of dollars in legal bills. Finding a mediator to assist you in establishing an agreement is generally worthwhile if you can not come to a decision on your own. Compared to back-and-forth discussions between attorneys, mediators are far less expensive.

How do Divorce Agreements Operate?

A divorce settlement is a pact that tries to divide up the couple’s assets and liabilities properly. You and your spouse may agree on conditions that a judge will later examine and approve, or a judge may decide in court.

Naturally, courts will consider a variety of criteria when making a decision on a divorce settlement. This might include the amount of money each spouse has available, the length of their marriage, their connections with their kids, and more. Different state laws also control how marital property is divided, and these rules influence the judge’s choice.

How to Conserve Money After a Marriage Ends?

The most important lesson to learn about getting a cheap separation or divorce is to try to reach an understanding with your ex-spouse over the specifics of your divorce.

In actuality, neither side will obtain exactly what they desire from a divorce. You will both need to make concessions and cooperate to establish some common ground. Occasionally, this entails using an alternate conflict settlement process.

If you spend less time debating, exchanging legal advice, and appearing in court, you will end up saving more money. Therefore, bear in mind the following advice for saving money after divorcing your spouse:

  • Avoid protracted legal sessions by making a compromise or using a mediator.
  • Create your divorce or separation documents online.
  • When appropriate, sell your assets and real estate in a divorce sale.

It is usual for someone going through a divorce to be concerned about keeping the house they shared with their spouse during their marriage. Buying a home is one of the most critical events in a person’s life, and it is not uncommon for either of the spouses to want to keep it. Contact a Boston divorce attorney to get the best services for your divorce proceedings. 

When is the home considered marital property?

The first and foremost question asked in such a situation is when the house was bought. If it was bought after the couple got married, it is marital property and must be included in the divorce proceedings and other properties. In such a case, the property will be divided equitably between both parties. In such cases, the property gets divided between the couple according to their preferences and what suits them best. 

Divorcing couples going through trials who cannot decide who gets to keep the house go for a contested divorce. The court will have to intervene and arrange for them in such a case. 

Provisional orders:

In special cases, the court will order one of the parties to leave the house until a decision is made; this mostly happens when domestic violence and restraining orders occur. Nevertheless, this temporary order does not direct who will receive the property. 

How does the court decide?

There is not a factor that might solidify one party’s claim to the property. The court will examine all the factors that might be crucial for a final verdict on home ownership. 

Some factors are:

  1. The duration of the marriage 
  2. The time when the house was purchased
  3. The money spent by either of the parties
  4. Who took care of the upkeep and everyday needs of the house. 
  5. The health conditions of both the parties
  6. The current age of the parties
  7. The income of either of the parties

Most important factors for the ownership contest:

  • How much equity is of each party.

During a divorce, the equity of the house is divided equally. Assuming one of the partners wants complete ownership of the house, they have to give something to the other partner to complete the equity deficit. 

  • Custody of the children.

The court may grant the property ownership to the spouse who gets custody of the children from the marriage. The homeownership may also be looked at as a part of child support that is to be paid by either of the spouses. In such situations, neither of the parties has to lose ownership of the house but wait for the house to be sold so that they can receive their share of the property’s value. 

Going to amusement parks with your friends and family sure sounds like a great way to spend the weekend. However, a great weekend can turn into a tragic one if the park does not take measures to prevent injuries. 

Amusement parks cause thousands of injuries every year, from bruises and cuts to severe head and neck injuries, and in some cases, even death. If you or your loved one was injured on a ride, the park is liable. Contact Philadelphia, PA personal injury attorneys to deal with your personal injury claim while you focus on your injuries.

Do accidents often happen in an amusement park?

The CPSC reported that around 8800 people got injured in amusement park rides in 2006; 3600 people were injured on inflatable rides, and 3100 on public water slides. Of the total number of people injured, one-half were children between the ages of 10 to 14 years, and they sustained severe injuries. 

From 1987 to 2000, around 51 people were killed on park rides, where the biggest culprits were roller coasters and whirling rides. 

Common amusement park injuries:

  • Head, neck, and back injuries: Such injuries emerge from the extent of the impact on bumper rides or spinning rides and roller coasters. 
  • Traumatic brain injury: G forces and stresses forced on the brain due to high speeds or detached objects hitting the head can cause traumatic brain injury. 
  • Brain aneurysms: Rides like roller coasters increase blood pressure and heart rate due to fast speeds. Such conditions can lead to brain aneurysms.
  • Stroke: Sudden, highly fast movements on the rides can result in whiplash, or other neck injuries can result in trauma to the ligaments causing a stroke. 
  • Drowning: Riders can drown on water rides. 
  • Death: Malfunctioning of a ride or falling from a ride can result in death. 
  • Lacerations, broken bones, and torn ligaments. 

Why do amusement park injuries occur?

Amusement park injuries usually have little to no fault of the rider, and the liability falls on the owner and manager of the park. Injuries and death mostly occur due to: 

  • Incorrect operation of the ride. If the operator suddenly stops the ride or latches the seat belt incorrectly, it can result in severe injuries. 
  • Nature of the ride. Some rides are dangerous even when there are no mechanical defects, rider misuse, or operation fault. Such rides should be excluded.
  • Mechanical failure caused by the manufacturer of the ride or lack of maintenance. 
  • Passengers misusing the ride or not behaving according to the safety instructions. 

Tips to avoid amusement park accidents: 

  1. Follow seating orders and other instructions. 
  2. Follow height, weight, age, and health restrictions.
  3. Keep small children away from the ride if you think they would not follow the rules.
  4. Use all the given safety equipment. 
  5. Trust your gut feeling. If it does not seem safe, do not ride. 

Car insurers have been sued for wrongful death lawsuits in cases where a car accident caused someone’s death. You can hire a Boise Idaho auto accident lawyer to save you from any such incident.

Car insurers will generally set aside a specific amount of money, called a reserve fund, to protect themselves from these types of claims. This is an amount that can be used to cover the costs of any lawsuits incurred by the company stemming from a single incident. 

It helps reduce the financial burden on the insurance company while also helping to protect their assets and investments. 

Unfortunately, it can sometimes lead to disputes between insurance companies and families of individuals who have been injured or killed in an incident directly linked to a car accident. Both sides of the argument may have valid reasons why they should or should not have been forced to pay out a specific settlement amount. Still, these disputes are often resolved through negotiation rather than through litigation.

Can someone sue you even if you have insurance?

Yes, if someone gets killed or injured in the accident, the person or the family of the person they claim was killed in the accident can sue you even if you have insurance. It is not easy to get over the death of a member of the family, so if your insurance company does not offer them enough compensation for their loss, they may sue you directly. This is why it is essential to have liability insurance on your car when driving on public roads. It protects you and other people going around you from being financially responsible for your fault accidents.

If you ever get yourself in a situation where someone has died because of a car accident that you were involved in, it can be an overwhelming time for anyone involved. You may find it challenging to find out information about the case, or you might be worried that other people will blame you for the accident. The last thing you want to hear is that the family of the person killed in your accident feels that they have no choice but to file a lawsuit against you because your insurance company did not offer them enough money to compensate them for their loss.

Nothing like this must happen! It can take years before a lawsuit reaches trial, so it is essential to protect yourself against having to pay out an excessive amount of money for any injuries or death stemming from a car accident.

It could be difficult to decide whether you should hire a lawyer or handle things on your own. But, keep in mind that it will always be better if you use an attorney’s help on the go. Facing a car accident could be fatal and lead to various consequences. 

It goes without saying that you need to look out for yourself first and keep yourself safe and sound. Do not rush into anything. Call the ambulance and try to lessen the damages occurring in the situation. After that, you should consult a Car Accident Attorney Los Angeles, or any place else irrespective of the geographical aspects.

There are some people who think that hiring or consulting a lawyer could be luxurious or expensive. However, the truth is, having an attorney by your side can eliminate the severe consequences, help with legalities, and ensure that you get the maximum compensation. 

Why is this a must-have and not a nice-to-have service?

Some scenarios require proper and expert supervision and assistance like this one. You met with an accident and you may not have the best state of mind to deal with legal procedures like insurance claims or negotiations. If you are going through a drink and drive accident get in touch with the Best DUI and Drunk Driving lawyer in Los Angeles.

If you do hire a lawyer, you will get the right assistance. For example, your lawyer will keep you from settling too early in the situation. Why do you ask because they know the value of your claims and negotiations with your best interests kept in their mind. A negotiation with the opposite party or your claim against the insurance company is of utmost importance since they cover all the occurred damages. 

Coming to the next part that is paperwork. We as general citizens like employees or businessmen do not know much about the legal paperwork that takes place while and after an accident. When it comes to paperwork, legal representation, etc are expertly handled by attorneys.

The right thing you need to do.

The right thing to pursue would be hiring an attorney and keeping the damages at the lowest costs and casualties. You will be assisted with the claim, negotiation, from settling too early or passing a good offer, legal paperwork, and representation. 

A good lawyer can help you fight for your rights. Sometimes the insurance company works for their interest instead of yours. In such cases, a lawyer knows the right steps to take and help you fight with the company to get your claim.  

When your car has been in a car accident, it is essential to get legal help promptly.

Lawyers understand what needs to happen and can advise on taking care of yourself and other people involved in an accident. You can always use the internet to search “Car Accident Lawyer Near Me,” and you can find someone who will help you navigate the process of an accident claim, which involves dealing with insurance companies and law enforcement professionals. 

Given below are some situations when should you hire a car accident lawyer:

In the case of serious injuries

 

If you are in the hospital, injured with broken bones, or something more serious, you must act quickly. You will need to decide whether or not you want to file a claim and then get a lawyer for yourself who will represent you. If someone else will be liable for your injuries, you will have a much better chance of getting a settlement if you have a lawyer working for you rather than going it alone.

 

In the case of someone else’s negligence

 

If the accident was caused by another party who did something wrong, such as speeding or being intoxicated while driving, then you can seek compensation from this party’s insurance company. To do this, you’ll need a lawyer. This is because the company can contest your claim, and they may try to block you from getting an attorney. If they do, the case will be delayed or constantly go back and forth in court.

 

In case your insurance company is paying you a minimal amount

 

In some cases, insurance companies will try to get away with paying people the minimum amount they can get away with. This is because they will try to put a price on settling a claim. It is essential to hire a lawyer who will negotiate for you to get the best possible settlement in these situations.

 

In case the other party was injured as well

 

In an accident, the probability is that the other party may have become injured due to it too. In these cases, their insurance company will want to negotiate another settlement with you rather than pursuing you for the total amount they have to pay. They will most likely be willing to settle for a smaller amount if they know that they will not have to spend a lot of money if you take them to court.

 

Accidents can be complicated; hiring an attorney to figure out how to proceed can save you a lot of time and effort.

It may sound cliché but immigration law is complicated. You need to be absolutely sure of what you are doing and must know every detail to make the most of your circumstances. One of the key reasons why people hire an immigration lawyer is to know their options. For instance, if you want to get your Green Card, talking to a Dallas permanent residency visa lawyer can give insight on merits and demerits of your case. In this post, we are sharing more on 5 ways in which an immigration lawyer can help. 

  1. Help with the paperwork. Paperwork, as boring and extensive as it is, is necessary for acquiring a visa to stay/work in the US. With an immigration lawyer working for you, there is no need to worry about the paperwork and related aspects. Attorneys know immigration law in depth and can help in avoiding the common mistakes, which can impact your prospects.  
  2. Assistance with specific issues. If you run into trouble with immigration authorities, you definitely need an attorney. An immigration lawyer knows what it takes to defend a client, and they will ensure that your rights are not violated and denied. For instance, if you are facing deportation, your lawyer will consider all possible options. Experience and expertise of your attorney are really valuable in such hard circumstances. 
  3. Suggest options for family immigration. If you are working in the US and want to bring your family, talking to an attorney will help. As a citizen of the US, you can sponsor other family members (including brothers and sisters) to come and work in the US, and a skilled immigration lawyer can explain all details. ‘
  4. Get help with permanent residency. Even when you have a work visa, there are special laws applicable only to immigrants. A lawyer can help you understand these rights and laws, so that you don’t get deported for a small mistake. Also, if you are dealing with employment issues, or are not getting the support you expect from your employer, consulting an attorney will help. 
  5. Know all steps in advance. Besides the paperwork, your immigration lawyer is key to knowing all relevant steps that are relevant for applying for visa or permanent residency. Your attorney will give an overview of what to expect from the due immigration process. You can expect to have a clear understanding of how to deal with interviews and other things. 

Check online for top immigration lawyers in Dallas now!

Pedestrians are people who walk or ride in a wheelchair on the road. Colorado law considers bicycles as vehicles and those who ride one have the same responsibilities as car drivers. Cyclists and pedestrians are considered vulnerable when it comes to accidents in intersections. A lot of motorists are speeding or using devices without regard for the possible devastation they may cause. Whether you are a cyclist or pedestrians and have been involved in an intersection accident in Pueblo, you need a Pueblo auto accident lawyer to help you build a strong case. Your lawyer knows how liability or fault is determined in intersection accidents.

How to Determine Fault in Intersection Accidents

Victims of road accidents should seek immediate medical attention when appropriate. Usually, it can be difficult to determine fault in an intersection accident, which can be a point of contention no matter whether certain parties were issued a citation. Because of this, you must consult an attorney with the knowledge and resources to determine fault in the accident. A driver who failed to maintain reasonable care for others on the road may have legal responsibility in an accident. Even minor issues such as failure to use a turn signal or exceeding proper speeds can be factors in assigning fault. 

Colorado’s Modified Comparative Negligence System

Car accident claims are largely based on establishing the negligence of a party, that this negligence led to injuries, and therefore, the victim is entitled to recover damages. Under Colorado’s modified comparative negligence system, car accident victims may still recover as long as their allocation of negligence is less than 50%. If a plaintiff is found to have contributed 10% in causing an accident, they are only eligible to recover 90% of any monetary award. 

Who Can be Responsible for an Intersection Accident?

Any person who violated any traffic or relevant law or rule may be responsible for any resulting accident. It is important to keep in mind that even if you are the injured party, you could have contributed to the crash. Thus, every time you are on the road or sidewalk in the vicinity of Pueblo roads or highways, you should always stay alert and abide by the laws and rules of the road. This is true whether you are a motorist, pedestrian, or cyclist. If an accident occurs and you sustain injuries, make sure to contact an accident attorney to make sure you are treated fairly after the accident.