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The Various Types of Law

Social Security Disability And Your Disabled Child

Posted by on 9:31 am in Uncategorized | Comments Off on Social Security Disability And Your Disabled Child

Your disabled child may be able to collect benefits from the Social Security Administration if you and your child can meet the requirements. Qualifying for SSA benefits can be a long and confusing process, but if your child’s medical or mental condition meets the standards and your income is below a certain limit, your child could be eligible for benefits until they reach the age of 18. To learn more about how to qualify and the income requirements for Social Security Supplemental Insurance, read below. Deeming of Income and Assets Your child must qualify based on their condition, but before your child’s condition is evaluated, your income must meet the limits. In a process the SSA refers to as “deeming,” the parent’s (or legal guardian’s) income and assets are deemed as income available to care for the child. The process is quite complicated but is based on how many other children are in the home, the amount of support from other sources the child is receiving, and the parent’s income. A Social Security caseworker will complete a more accurate calculation, but general income calculators can give you a broad idea of the income guidelines. Some income can be excluded from deeming process, including: Foster care payments TANF (Temporary Assistance to Needy Families) Food stamps Refunds from income taxes Veterans pensions The primary family home and vehicles are not included in the deeming calculation, however, second or vacation homes and investment accounts are deemed as “available” to the child as an asset and are counted toward the deeming calculation. Benefit Fluctuations Benefits are paid, and re-calculated on a monthly basis, so your child’s eligibility and benefit amounts could change under the following circumstances: Parent or guardian’s income goes up or down. A parent dies. One parent (and their income) leave the family home. The child leaves the family home. The child enters a residential treatment facility. Sometimes these changes are just temporary, such as a the child spending a two-week vacation at grandma’s house. If you can show that the situation is temporary, the benefits amounts will not be affected. Time spent at a boarding school is not counted as an absence, as long as the child comes home for regular visits on weekends and school breaks. The deeming calculations are complicated and the entire Social Security application process can be daunting and time-consuming. Keep in mind that it may take perseverance and appealing the initial rulings to get benefits for your disabled child. If you need some assistance to get through the process and representation at your appeal hearing, contact a Social Security attorney as soon as possible to avoid missing important filing...

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What Happens If Your Stateside Spouse Files For Divorce During Your Deployment?

Posted by on 2:08 pm in Uncategorized | Comments Off on What Happens If Your Stateside Spouse Files For Divorce During Your Deployment?

If you’re currently deployed and have received the unpleasant news that your stateside spouse has filed for divorce, you may be wondering what comes next. How can you effectively respond to these pleadings and fight for your rights when you’re unable to attend court or meet with an attorney like Karen Robins Carnegie PLC? Fortunately, there are legal protections available for you that can help ensure your divorce is treated fairly by the courts. Read on to learn more about the laws governing when and how your spouse can file for divorce when you’re stationed outside the U.S. Can your spouse file divorce papers while you’re deployed? The Servicemembers Civil Relief Act (SCRA) provides you with some protections when it comes to being sued in the U.S. — for anything from mortgage foreclosure to small claims cases. Divorce is included among these lawsuits, and you’ll be able to request that the case be stayed (or paused) until up to 60 days after you’ve returned to the U.S. This can give you time to meet with an attorney or discuss mediation with your spouse. In some cases, returning to the U.S. may even be the push you and your spouse need to reconnect, and he or she may withdraw the divorce petition. What should you do to respond to divorce pleadings you receive while you’re deployed? Although you’re protected by the SCRA while you’re deployed, this doesn’t always kick in automatically — you’ll still need to respond to the initial pleading to put the court on notice that the SCRA applies in your case. You’ll generally be able to accomplish this by simply writing a letter to the court, indicating that you’re currently on a deployment and would like to enlist the SCRA to put your case on hold until after you return. You may also want to include any documentation that indicates your projected return date. It’s important that you have a copy of this letter served to your spouse so that he or she is also aware of your request to pause the case — failure to do so could mean that the court will return your filing as an impermissible ex parte communication, and this could allow the case to proceed if your request isn’t resubmitted before the first scheduled hearing or other court action. You may want to consult an attorney or legal counsel available on base to ensure you’re following all the proper procedures for your case to be...

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Why It’s Good To Negotiate An Injury Case With A Lawsuit At The Back Of Your Mind

Posted by on 8:29 am in Uncategorized | Comments Off on Why It’s Good To Negotiate An Injury Case With A Lawsuit At The Back Of Your Mind

You should not negotiate a personal injury case with an adjuster as if you are hell-bent on an out-of-court settlement. Remember that at the end of the negotiations, you can either get the compensation you deserve or take the case to a civil court. Knowing this will help you to avoid: Lying to the Adjuster Once you know that your case can always end up in court, you will not lie because of the risk of being found out in court. Don’t do it even if you are “sure” you might get away with it in the short term. Even a mistruth is just as bad. If you don’t know something, then it’s best to tell the adjuster that you can’t recall it. You will lose your credibility if you are caught lying, and lack of credibility is one of the top ways of losing a personal injury case. What is more, you may also forget about your “little lie” when your case ends up in front of the judge or jury, which will prove that you were lying. Giving the Adjuster Unnecessary Contacts Giving out contact information for your friends, colleagues, or family members is not advisable. The adjuster doesn’t need this information to handle your case, and there is no law saying that you must give it to him or her. The only exception is if any of the associates witnessed the accident, in which giving the adjuster their contacts is a good idea. It will verify your story and shows that you are cooperating with the insurance company. However, if you just dish out the information without any reason, then the adjuster can mine information from then and use it against you in court. It’s like furnishing an enemy with the ammunition to fight you. Accepting a Low Offer If you don’t see a lawsuit on the horizon, then you can be so focused on an out-of-court settlement that you end up accepting whatever the adjuster offers. In fact, once an adjuster learns that this is what you want, then he or she will do anything possible to ensure that you “get your wish.” For example, he or she may claim that the current offer is the last or best one you can get even if you do have a strong case. Such tactics will not scare you if you know that there is a possibility of a lawsuit. Most of these are things that you can easily avoid by hiring a personal injury attorney early in your case. Legal counsel is especially necessary if your injuries are serious, and you anticipate a sizable compensation. Being eager for a quick settlement may end up ruining your...

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3 Keys To Disputing A Zoning Change

Posted by on 2:59 pm in Uncategorized | Comments Off on 3 Keys To Disputing A Zoning Change

Throughout the course of property ownership, many people find themselves in the middle of zoning battles. For instance, a company may want to rezone your neighborhood to allow a busy shopping block, or a dense apartment building, which may deteriorate the quality of life that you and your neighbors experience. This kind of thing can be intimidating to oppose if you are unfamiliar with zoning law and how to fight such issues. With this in mind, read the following tips so that you are equipped to state your point of view and possibly fight the zoning change.  #1: Know The Process When you are aware of how the rezoning process works, you’ll be in a better position to know your rights and the rights of the person submitting the proposed change. This will help you to understand the timetable set forth, so that you can employ the best strategy. In most localities, a rezoning change consists of two meetings, each with both the zoning board and the city or town council. In the first sets of meetings, plans are unveiled and both parties have an opportunity to speak on the matter. In the latter two meetings, a vote or recommendation passes through the zoning body before being referred to the municipal governing body for the final vote. These meetings must be held publicly by law, with minutes and notes taken and times publicly advertised.  #2: Know Your Grounds For Rebuttal If you are going to dispute a zoning change, you should make sure that you understand your grounds, to put your best foot forward in defense. For instance, this can come down to lowering your property value, creating restrictive or disruptive traffic patterns, deteriorating the character of your neighborhood, and other such issues. Simply not liking a change isn’t enough, so research the matter in order to state grounds that will win your rebuttal.  #3: Gather The Help That You Need When rebutting a zoning change, you will need both numbers and legal support. Float a petition in your neighborhood and speak to people who are willing to come to the meeting to speak. Write letters to your governing bodies, and ask that those letters be included in the public record and read at the meetings. Put together money with your neighbors to hire a lawyer, like Timothy G. Mara, so that you can receive a consultation to explore your options. Banding together is the best approach to successfully beating the zoning change. Follow these tips and use them so that you can fight to prevent a zoning change that you disagree...

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Injured At The Pool? You May Have A Viable Personal Injury Case

Posted by on 12:41 pm in Uncategorized | Comments Off on Injured At The Pool? You May Have A Viable Personal Injury Case

With the warm weather of summer here, many people are getting outside and jumping in the pool to cool down. Unfortunately, this fun summer activity can be a cause of injury. Do you know what your rights are if you are injured at the pool? It’s a good idea to understand your rights, and if you have a viable personal injury case. Premise Liability Laws Typically Apply The big legal difference between a beach and a swimming pool is that a pool is built on someone’s property. It does not matter if it is private or public property, because premise liability laws will apply to any accident that happens at a pool. The law works by classifying the kind of entrant on the property, which includes: Invitees Trespassers Licensees People who go to a public pool, with either paid or unpaid admission, are called invitees. The owners of the pool is responsible for repairing and maintaining a pool so an invitee is not injured. When using a swimming pool on a person’s private property, you are classified as a licensee. A pool owner must warn all people using the pool of dangers they may not be aware of. Trespassers are those that enter a pool illegally, and are not owed any duty of care by the pool’s owner. Reasons An Owner Can Be Held Liable One common reason for injuries around a pool is slipping and falling on a wet surface. The risk of this type of injury is high when using a pool, but it is obvious to everyone. It can be difficult to win a personal injury case due to a slip and fall on a wet surface. A pool owner must protect entrants from hazards that are not obvious. This includes not marking the depth of a pool for safe diving. The owner must also have emergency equipment on hand, such as life preservers. Any equipment such as diving boards, water slides, and ladders must be maintained so that they do not cause injury. Public pools have the additional requirement of having adequate lifeguards on duty at all times. When You Are Personally Liable For Your Injuries Any action that is intentionally negligent will cause the blame to fall on yourself. This includes jumping into an area of the pool that others are occupying and landing on somebody’s head causing an injury. You may be roughhousing with somebody in the water and cause them to drown accidentally. These are situations out of the pool owner’s control, and the person that caused the injury could be sued for battery or negligence charges. If you need help determining if your pool related injury is the fault of the pool owner, contact a personal injury lawyer. They will evaluate your case, and let you know the best course of...

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When Can A Strategic Divorce Work?

Posted by on 11:26 am in Uncategorized | Comments Off on When Can A Strategic Divorce Work?

Whether you’re concerned about the prospect of spending down your nest egg for your spouse’s end-of-life care, or are tired of having your Social Security retirement income taxed due to your working spouse’s income, you may be wondering whether an “on paper” divorce can save you money. What happens if you and your spouse legally divorce but continue to live together and share finances? Read on to learn more about some common situations in which strategic divorce may be utilized, as well as what you can do if you find yourself in one of these situations. What is strategic divorce? A strategic divorce is generally utilized when two spouses want to remain together but would like to protect their financial assets from taxation or seizure. In these situations, a divorce is filed and granted but the spouses continue to live together, share finances, and set themselves forth to the community as a married couple. Unless your local paper publishes divorce filings or a nosy neighbor decides to go snooping through your local court docket, it’s unlikely that anyone you know will ever learn of your divorce if you don’t tell them. Because some states don’t permit “no fault” divorces, you may be unable to obtain a strategic divorce in these states without lying to the court about your reasons for wanting a divorce (which is never a good idea). You may also be required to live separately from your spouse for a certain period of time before your divorce can be granted, although usually simply renting another home or apartment is sufficient proof of separate residences. When might strategic divorce be a good option? If you live in a no fault divorce state that has no residency requirements for the filing of a divorce petition, you may want to strategically divorce for one of the following reasons: You or your spouse may need expensive end-of-life care soon In this situation, you may be required to pay out of pocket for your spouse’s stay in a hospital or residential facility until you’ve spent down enough assets to qualify for Medicaid. Once your spouse dies, you may be left impoverished. By divorcing several years before this care is needed (to avoid the look-back period), you’ll be able to keep a portion of assets for your own care. Your or your spouse’s earned income renders the other person’s Social Security income taxable For some older Americans, there is a fairly stiff marriage penalty when it comes to the taxation of Social Security benefits. If you or your spouse earns a high income and the other person earns only Social Security, divorcing could save you a substantial amount in taxes each year. Because this is such a complicated area of law, it would be in your best interest to work with a legal firm such as Eschbacher Law to make sure that you are staying within the confines of the...

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Helping A Victim Of Domestic Violence: Important Dos And Don’ts

Posted by on 3:48 pm in Uncategorized | Comments Off on Helping A Victim Of Domestic Violence: Important Dos And Don’ts

Seeing a loved one trapped in an abusive relationship can be both devastating and frustrating. On the one hand, you hate to see your friend in any kind of pain. On the other hand, you may not understand why your loved one continues to be in the relationship. Regardless, you want to help, but it’s important that you be aware of a few things before you get involved in such a complicated situation. DO Offer Support in Any Way Possible A lot of times, victims of domestic violence stick around because they simply don’t feel like they have any other choice. This is where knowing they have your support can make all the difference. Sit down with your loved one and come up with a “course of action” for leaving the violent relationship, whether this means inviting the victim to stay at your place for a while, finding a safe house, contacting a domestic violence attorney, or anything in between. More than ever, your loved one needs support from you in any way you can give it. DO Know When to Call Police Of course, there are some situations in which you shouldn’t try to take matters into your own hands–for both you and your loved one’s sake. If you ever believe that your life or the life of your loved one could be at risk because of a domestic violence situation, it’s time to call for police intervention. A lot of times, victims of domestic violence are hesitant to get the police involved because they worry about the abuser becoming even more angry, but ultimately, all you can do is go with your gut instinct. DON’T Make Ultimatums Understand that there may be instances where your loved one leaves the violent relationship, only to return to it shortly thereafter. This will be frustrating for you, especially if it happens multiple times. You may begin to feel like your efforts to help are in vain. However, it’s important to stick with it and to not make an ultimatum with your loved one. Avoid letting your frustration and disappointment get the better of you. It’s fine to tell your loved one that you’re disappointed or upset that they chose to return to the abuser, but threatening to step out of their lives if they don’t leave the abusive situation is rarely effective and is only going to make the victim feel more alone. To find out more, visit a website like...

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Answers To A Couple Of Pressing Auto Accident Questions

Posted by on 7:58 am in Uncategorized | 0 comments

Every day there are an almost countless number of car accidents that happen across the country. Luckily, most of these accidents do not result in substantial injuries, but even these minor accidents can result in substantial liabilities and expenses. It is important to understand a couple of basic questions concerning car accidents to help ensure that you are legally protected as much as possible following these incidents.  Why Is It Not Advised To Discuss The Incident With The Other Driver? After an accident, it is normal for the two parties to want to communicate. However, outside of checking to make sure the other driver is okay, it is generally ill-advised for you to talk to them. Considering the fact that your emotions will likely be excited, there is a chance that you may accidentally admit liability for the accident, which can have profoundly negative effects on your claim even if you were not the one responsible for it.  Also, when you are discussing the accident with the police, you should avoid making small talk to minimize the risk of accidentally admitting liability for the incident. If this information were to be included in the final police report, it could be enough to cause the insurance company to legally deny your claim.  How Are Existing Injuries That Were Worsened During The Accident Handled? While auto accidents can cause a wide assortment of injuries, they can also have a damaging effect on existing injuries. Sadly, it can be very difficult to obtain compensation for these injuries because the insurance company will almost always classify it as a pre-existing condition. When this happens, you will probably have no other choice but to hire an auto accident attorney and file a lawsuit against the insurance company.  During this proceeding, your attorney will formally seek the opinion of your doctor and other medical experts to determine the extent of damage that was likely done to the injured area of the body. While you will be unlikely to receive the same amount of compensation that you would have without the pre-existing injury, these steps can help ensure that you get the most from this type of claim.  Experiencing a car accident can cause a whole host of problems for you, and this is true even if the accident was minor. For those that are in this situation, it is important to understand the problems that can come from talking to the other driver or revealing liability for the accident and you should also realize that complications from the accident and pre-existing injuries will be handled differently. Knowing these facts will help you to make sure that you understand what to expect from these proceedings. ...

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Tips On Getting Disability Benefits When You’re Suffering From Fibromyalgia Pain

Posted by on 7:24 pm in Uncategorized | 0 comments

Fibromyalgia pain can be a crippling condition that leaves patients who can no longer work in desperate need of disability benefits. However, it can be more difficult to be approved for disability benefits for fibromyalgia patients because of the somewhat subjective nature of the condition.  Those applying for disability because of fibromyalgia pain can use the following tips to increase the chances that their disability claim will be approved: Carefully document your diagnosis and treatment When you’re applying for disability benefits, it’s important to show that you’ve been putting every possible effort into recovery. Your doctor should only diagnose the condition after a thorough physical exam. A fibromyalgia diagnosis will generally include various lab tests, medical records, and doctor reports that will need to be submitted along with your application. In particular, a FM/a blood test is an important test to have performed when fibromyalgia is the suspected cause of debilitating pain. This test will show that certain markers are present in a patient’s immune system if that patient is suffering from fibromyalgia. Carefully gathering and organizing documentation related to such tests is a vital step in the process of being approved for benefits.  Even after you’re diagnosed, a record of regular appointments is important. This record will show that you’re doing all you can to prevent your fibromyalgia pain from interfering with your work demands.  Go to a specialist Specialists like rheumatologists, neurologists, and orthopedists are the best qualified to treat fibromyalgia cases. It’s also a good idea for patients suffering from fibromyalgia pain to be seen by a therapist or psychologist who can evaluate the psychological aspects of the condition. Arranging for a consultation and treatment from the appropriate specialists will show that you’re devoted to getting back to work as soon as possible despite your fibromyalgia symptoms.  Study approval criteria There’s a great deal of information on the Internet regarding how fibromyalgia cases are evaluated by the Social Security Administration. You need to familiarize yourself with evaluation criteria if you want to have a good chance of being approved for benefits.  According to the Social Security Administration, fibromyalgia entails pain that is spread throughout various parts of the body, notably the joints, tendons, muscles, and softer tissues. This pain will have to have persisted for three months or more to qualify an individual for benefits.  When preparing your case, find out everything you can about these criteria so that you’ll have the best chances of approval. Contact Iler and Iler for more...

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3 Things First Time DUI Offenders Should Know

Posted by on 2:09 pm in Uncategorized | 0 comments

Being charged with driving under the influence can be a scary situation, and first time offender often looks for guidance about what to do. They have questions about the fines and penalties they could face if they are convicted, and wonder if they need to hire a DUI attorney to help them through it. While no two cases are identical, you should know that first time offenders are treated differently than those who are repeat offenders. Keep these three things in mind about your situation. You May Lose Your Drivers License Many first time offenders assume that they will not lose their drivers license due to being convicted of a DUI. The laws vary in each state, but most states suspense drivers licenses for first offenders. You must be prepared if your license is suspended. Look into how to apply for a hardship drivers license, which will allow you to drive only for necessary purposes. This includes things such as needing to drive for work-related activity, taking a child to school, or medical reasons such as a doctor appointment. Driving outside of approved conditions can result in a much greater consequence. DUI Convictions Can Affect Insurance And Employment If you are convicted of driving under the influence, you will officially have a criminal record. Your car insurance company will be notified of the conviction, and you will most likely see your insurance rates increase. While a DUI charge will probably not affect the job that you currently have, it could make it difficult to find work later with a new employer. It will be difficult to get a job that requires driving a company owned vehicle, as employers will consider you an insurance risk. Hire A DUI Attorney It is always a good idea to hire an experienced and qualified DUI attorney when you are charged with a DUI. They will help provide you with important legal guidance, and help you come out on the other side with the best outcome possible. You will need their assistance if you decide to negotiate a plea deal, as working with a prosecutor for the first time can be intimidating. With an attorney’s help, you could see a lower fine or avoid going to jail. Now that you are aware of these three things you should know about a DUI charge, you will be well prepared for the road that is ahead of you. To learn more, contact DUI attorneys near you for...

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