Category: Legal

The latest legal news, and informative guides on everything legal, from legal advice for Personal Injury to how to apply for Social Security Disability Benefits.

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Legal Personal Injury

What is Motor Vehicle Accident Law?

motor vehicle law

Motor vehicle law is an area of law that is often seen as a blend of personal injury law and traffic law. While the personal injury component is important, it often relies heavily on the traffic law component to show fault and determine liability.

After an accident, the police officer on the scene will take statements from the drivers and passengers involved. They will also take pictures, speak with anyone who may have witnessed the incident. After all of this, they will create the official accident report. This will show how they believe the accident happened, and who the officer believes is at fault.

The accident report is frequently not the “last word” in liability for an accident. However, it does go a long way toward showing who may have acted with a higher degree of negligence. This negligence will ultimately be the primary factor that determines which driver is considered at fault for the accident.

If the injuries and damages that result from the accident are serious enough, the plaintiff, may file a personal injury lawsuit against the driver considered to be at fault, the defendant. In most cases, the defendant’s insurer will shoulder the cost of the defense and any awarded damages.

Motor Vehicle Accident Terminology

  • Negligence – Either the action or inaction that caused the accident initially.
  • Comparative Negligence – This is a fault determination method used in some areas that will decrease a personal injury award by the degree to which the plaintiff’s negligence contributed.
  • Comprehensive Coverage – This is car insurance that even provides coverage for damages that don’t happen in an accident.
  • Collision Coverage – Insurance that covers damages that happen in an auto collision.
  • Uninsured/Underinsured Driver Coverage – This is an insurance product that helps those who are in an accident with another driver who lacks insurance, or whose insurance cannot cover the full damages.
  • No-Fault State – Some states are “no-fault” states. This means that any driver injured in an accident needs only to see compensation for their damages from their own insurer and do not rely on proof of negligence. This cuts down on costly litigation as most claims are settled quickly.

Why Working With A Lawyer Is Important

The insurance companies are fully staffed with attorneys retained for the specific purpose of defending against insurance claims. This means that filing a personal injury claim puts a victim against vicious defense lawyers. These lawyers will try everything to minimize or deny their claim for fair compensation.

Accident victims, however, can leverage legal assistance of their own. They can hire attorneys that are specially trained in motor vehicle law. These attorneys will help to fight the insurer in order to get compensation for their damages. Lawyers who practice motor vehicle law are also known as car accident attorneys or personal injury lawyers. If you think you may have a claim under motor vehicle accident law, speak to a lawyer today.

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Family Legal Senior Social Security Disability

What is OASDI?

what is OASDI?

OASDI stands for Old Age, Survivors, and Disability Insurance. It is the long-form name of the Social Security benefits in the US. It is the fund that is paid into by the withholdings on your paycheck. Those who may be eligible to collect OASDI include the disabled, retirees, and so on. The overall goal of the program is to replace the income lost to old age, losing a spouse who was the earner.

The program was created as the Social Security Act by President Roosevelt in 1935. With the country in the grips of the Great Depression at the time, people were eager for a safety net, and it has grown incredibly over the years. In the decade following the passage of the act, there were approximately 222,000 recipients of benefits, while at the end of 2020 there were roughly 70 million. The average monthly benefit for these recipients is about $1,500.

Criteria For Collecting OASDI

Payments into the OASDI program are collected by payroll taxes FICA and SECA, which are the Federal Insurance Contributions Act, and the Self-Employed Contributions Act. In order to collect payments from the OASDI program, the recipient must meet certain requirements. For the tax year 2021, the tax rate for Social Security collected via FICA is 6.2%, while those who are self-employed will pay a rate of 12.4%, or double.

To begin old-age payments, those born before 1960 can collect as early as 62 years old. For those born after 1960, however, the retirement age s 67. In some cases, people who qualify can wait until age 70 to begin collecting payments and can collect larger payments as a result. The funds are kept in a pair of trust funds, the Disability Insurance trust, and the ASI trust.

How Are The Payment Are Calculated

Payment amounts for retired workers are determined by the wages of the worker who paid into the program during their working years. Payments to surviving spouses or children of passed or retired workers. Payments for disability are made only to those who can positively prove they cannot participate in gainful employment as well as meet additional requirements.

Qualifying for retirement benefits requires that the worker be fully insured by accumulating quarters, or credits, for coverage. Quarters are gained based on the wages of the earner for a predefined period and are accumulated for roughly each $1500 earned. Yearly quarter earnings are capped at 4, with 40 credits, or about 10 years of work.

When a worker is ready to retire, they will receive payments from the OASDI program that are based on the average of her 35 highest-paid years of work. If there are more than 35 years on record, the lowest years are eliminated from consideration. If the worker decides to retire early, then their work history is evaluated and any years without data are calculated as zeros in the 35-year formula. That 35-year average is what her monthly payments will be a portion of.

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Family Legal Senior Social Security Disability

How to Prove Your Disability To The SSA

social security disability

When seeking to qualify for either SSDI or SSI, you will be required to prove your disability. Even when the claim seems like it would be obvious and straightforward. You must remember that only about 30% of all claims initially presented to the SSA are denied. This is one reason why Social Security claims can be so frustrating if you are pursuing it by yourself. Which is why many people opt to work with an experienced Social Security disability lawyer.

Disability As Defined By The Social Security Administration

The Social Security Administration has a very clear definition of a disability. If you are only partially or temporarily disabled, you will not be able to claim SSDI or SSI benefits. So, you must show that:

  1. You cannot do the work you did previously, due to the disability
  2. You are unable to do change occupations or do other work due to the disability
  3. The disability will last longer than a year or is anticipated to result in death

If you are able to meet these criteria, you will not be able to engage in any substantial gainful activity. This qualification can be revoked if you earn too much income in a month.

Collect And Organize Your Medical Records

Common claim denials result from the failure of the applicant to provide sufficient medical documentation as evidence of the disability. Spending some time developing your medical documentation can help you prove your disability during the first review period.

The Social Security Administration will need to see records of your disability going back to when it was first discovered. This is known as your disability onset date. This can be difficult to determine for some conditions, so leverage family and friends if needed.

Your doctors can be a priceless resource. Your medical care team should be able to provide you with the records or documentation you need. If necessary, they may also be able to furnish a mental health assessment to be presented to the SSA. Make sure you adhere to your doctor’s directives for treatment as well. If you don’t, the SSA may deny your claim for lack of consistent treatment.

Make Sure You Meet The Requirements

Any disability can be challenging to prove. This can be especially true for those seeking benefits for mental illnesses or conditions. Some will be significant or severe enough that the Social Security Administration will simply grant the benefits. The conditions that qualify someone for SSDI or SSI benefits are detailed in the Blue Book. The Blue Book contains all of the criteria for qualification based on medical diagnosis.

Some conditions may be severe enough that the SSA will only need limited medical documentation. For example, arthritis, asthma, and heart disease. Some conditions will require more rigorous proof, such as mental disorders. Mental disorder claimants will need to meet various criteria that are designed for their particular mental disorder category, such as anxiety or psychosis.

Categories
Legal Personal Injury

Personal Injury Examples: Do You Have A Case?

Personal Injury

Many people hear about personal injury cases and wonder if they may have a claim that qualifies. There are many different types of accidents that may precipitate a personal injury lawsuit, such as auto accidents, slip and falls, and many others. If you were injured in an accident that was not your fault, then you may be able to file a personal injury claim against the responsible party.

Personal injury cases nearly always stem from an accident that was caused by someone else’s negligence. This can be negligence by way of action or inaction. Simply put, the accident can be caused by someone doing something they should not do, or not doing something that they should do. This negligence causes a breach of care, which can make that party liable for any damages that result.

Common Types Of Personal Injury Cases

Personal injury law is a very broad area of legal practice that includes a wide variety of situations and potential injuries. While there are a large number of potential causes, some of the most commonly encountered claims will include:

Car Crash

Being injured in an auto accident that is not your fault can lead to severe injuries, massive damages and losses, and even the possibility of permanent disability or disfigurement. The plaintiff will need to show documentation proving the injuries, insurance, and a police report that details the events of the accident.

Product Liability

If you are using a product in its normal and intended manner, and the product was defective, causing you injury, you may be able to seek compensation for those damages. Provided the injury did not occur while using anything that could be considered “unavoidably dangerous” you may be able to file an injury claim.

Slip And Fall Incidents

Slipping and falling, whether inside a business or on an outdoor property, the resulting injuries can be devastating. There can be broken bones, dislocated joints, or any number of soft tissue injuries. These cases can vary significantly depending on the circumstances under which the injury occurred.

Medical Malpractice

You may have a claim for medical malpractice if you have suffered an injury due to the negligence, recklessness, or inappropriate treatment, of a doctor or other medical professional. Often the basis for these cases rests on being able to prove the doctor or other medical professional’s deviation from acceptable standards of care or otherwise taken incorrect or negligent actions while administering treatment.

Wrongful Death

A wrongful death claim can be pursued if a family member died as a result of the negligence of another party. This is often the type of claim you would file if your loved one died in an accident at work, or when filing civil charges against someone to inflicted intentional harm serious enough to cause death. Examples of a wrongful death lawsuit would include an unmarked construction site, employer OSHA violations resulting in a fatal accident, or recovering damages from an assault or battery event.

Categories
Legal Mass Tort

Mass Tort & Everything You Need To Know About It

Mass Tort Law

What is Mass Tort? There are times when organizations, businesses, or companies breach the duty of care they have to the public. These situations requiring legal remedy can be either intentional or unintentional. These breaches can cause injury and even wrongful death. Often these situations need to be litigated in order to receive a remedy and to prevent similar breaches and harm in the future.

Mass Tort law is an incredibly important aspect of practicing law, and it helps keep businesses in check and ensures that personal injury results in fair compensation via either litigation or settlement. This is why it is important to know the difference between a mass tort action, and a class-action lawsuit, even when you are working with an experienced law firm and are acting as a plaintiff in the litigation. There are also different variations of mass tort cases that may complicate things.

How Do Mass Tort Lawsuits And Class Action Lawsuits Differ?

While the terms are frequently used interchangeably by those who are uninformed on the differences, there are stark contrasts between the two.

Class Action

Class action suits are generally quite similar to mass tort cases, with the difference being that the pool of plaintiffs who were injured in the same way is often much larger. This means there is only one lawsuit, rather than several, however, there is only one person who acts as the representative for the class.

For example. If there were an herbicide that caused frequent users to develop cancers that were largely similar, that could become the basis for a class-action lawsuit. This group, or class of people, can get together and leverage their numbers in a class action case that will be heard in civil court.

Mass Tort

A mass tort is where a party referred to as the “tortfeasor”, who is the party liable for the injuries of several people, faces litigation from the people combined into a group. In mass tort litigation, each person is treated as an individual with regard to their complaint. One notable difference is that while each person has been harmed by the tortfeasor, the injuries may differ to an extent. These lawsuits have only been common for approximately the last 40-50 years.

For instance, if a local company dumped dangerous waste chemicals into a local waterway, which is where the drinking water of a nearby town is sourced. Dumping it was simply less expensive than properly disposing of it. This action results in many people in the town getting sick with different diseases caused by exposure or consumption.

Elements Of A Mass Tort

  • Duty of care – You must prove that the company owed you a duty of care
  • Breach of duty – You must prove that the duty of care was breached by the business
  • Clear causation proven by the plaintiff – You must prove that the breach is what caused your injuries
  • Documented injuries – You must prove that your injuries are real, often with medical records
Categories
Legal Social Security Disability

What Happens at a Disability Hearing?

social security disability hearing

While it may seem daunting, the average Social Security disability hearing will only last between 15 and 60 minutes. Many people become very anxious before their hearing. They tend to imagine it is similar to a court appearance, likely due to the “hearing” terminology. Hearings with Administrative Law Judges are generally fairly informal.

Despite the informal setting, the judge may be robed, and may sit elevated from the rest of the room. Sometimes, the hearing will even be held at an event center or conference room at a local hotel or bank, depending on the location and how far away the applicant or claimant lives. With quarantine measures in effect in many places, the hearing may even be conducted remotely via video conference.

What Is The Purpose Of A Disability Hearing?

The purpose of the hearing will be to determine the exact extent of how disabling your condition is. Most hearings will be quite similar, depending on the judge’s personal preference, there may be some variation. You should be assured, however, that your hearing will not resemble the stressful trials you see on TV.

The Judge Interviews The Applicant

Once the Administrative Law Judge has identified the persons in the room, they will then read a basic statement of facts regarding your SSDI or SSI application. Following that, the applicant or claimant will often be directly questioned.

The questions will center around your medical condition or conditions, treatment, your employment history, and the limitations that your disability has placed on your ability to work. You should remember that this is not an attempt by the judge or anyone else to prove you are not disabled, you are simply stating how your condition has negatively affected your ability to be employed.

The main objective is to collect all of the facts surrounding the claim. Also, to make a determination of whether or not those facts establish eligibility for SSDI or SSI benefits. It is important not to exaggerate your claims, but be sure you do not leave out any important information.

The Judge Will Hear Attorney Remarks

After you give your testimony, the judge will give your attorney the opportunity to speak on your behalf. They also may ask you additional questions. At this time, any expert witnesses, such as medical and vocational experts will provide their input as well.

If Your Disability Hearing Results In A Denial, You Can Request Reconsideration

In the event that your claim is denied, that isn’t the end of the road. Your next step should be filing a Request for Reconsideration. You can do this again after being denied twice. At which point you’ll have the opportunity to have a disability hearing with an Administrative Law Judge (ALJ).

Once you meet with the ALJ, your odds of being granted your benefits are much higher at this point. Having an experienced Social Security disability attorney on your side can help you win your case.

Categories
Legal Social Security Disability

The Difference Between SSDI and SSI Explained

SSDI vs. SSI: Difference Explained

Both the SSI and SSDI programs offer benefits for qualified disabled individuals. However, the requirements and income limitations for each are quite different. Not only are the limitations and prerequisites different, but applying for the wrong one or missing the qualifications can result in significant amounts of frustration and wasted time.

Social Security Disability Insurance (SSDI) & Supplemental Security Income (SSI)

One of the primary differences between SSDI and SSI is that SSDI is only available to workers that have not only become disabled after working but who have also built up enough work credits to qualify. Supplemental Security Income is available as a disability benefit to those who have either never worked, or who are low to no income individuals who have not and will not earn enough credits for Social Security Disability Insurance.

Often people do not distinguish between SSDI and SSI when talking about Social Security disability benefits. However, they do need differentiation since they are two entirely different government programs. They are both administered and managed by the SSA, and they both use the same guidelines in determining eligibility on a medical level. But there are some important differences to note.

Social Security Disability Insurance, SSDI

Social Security Disability Insurance is the Social Security insurance that is deducted from your paycheck via federal payroll taxes. It can offer benefits to eligible recipients because they have worked and contributed to the program in a meaningful way. The contributions are made via the FICA taxes. An SSDI recipient must be younger than 65. They also must have contributed a predetermined number of “work credits” to the program before they can be considered “insured”.

The spouse and minor dependents of the disabled person can receive partial benefits based on the disabled person’s earnings record, just as the benefits for the disabled are calculated. However, there is a five-month waiting period from the date of disability until the benefits kick in. After two years on SSDI, the recipient can also qualify for medicare. Approval rates for SSDI claims tend to be higher than for SSI claims, on average.

Supplemental Security Income, SSI

Supplemental Security Income is a need-based program that is funded by a general tax fund, and not from the trust. SSI is referred to as a means-tested program so that it is not based on work history. Instead it is based on strict financial need. SSI applicants will need to demonstrate that they possess less than $2,000 in assets for an individual, or $3,000 for a couple. They will also need to show that they have a limited income. In general, if the applicant qualifies for SSI, they will also qualify for food stamps. Depending on the location and the state benefits, they may also qualify for state-aid like cash assistance. Qualified applicants will receive an amount dependent on their location and their regular income paid on the first of the month.

Categories
Legal Social Security Disability

Can I Get Stimulus Checks And SSD Benefits?

Stimulus Check With Disability Benefits

Are you one of the millions of Americans receiving Social Security Disability Insurance or Supplemental Security Income benefits? Then you understand how challenging living on a fixed income can be. With the pandemic’s devastating effects, many Social Security benefit recipients are wondering if they will be eligible for one or more of the Coronavirus stimulus checks, also known as Economic Impact Payments.

Stimulus Check Qualifications For Recipients Of SSDI And SSI

The requirements for the first two stimulus checks were fairly straightforward for SSI and SSDI benefit recipients. Anyone who had a valid Social Security number and was receiving benefits was automatically given eligibility.

The only disqualifiers were if they were already claimed as a dependant on someone else’s tax return, or if they made more than the pre-established income threshold. The income cutoff is precluded by the income limits set by the SSDI and SSI programs.

With a possible third stimulus check still being finalized in Congress, the requirements are likely going to remain the same. With the first two stimulus checks, eligibility was eliminated for some dependents that were over 18, and older adult dependents. It is widely believed that the requirements for the third payment will not only include the previous recipients but also open up eligibility to previously excluded dependent classes.

Missing Your First Or Second Stimulus Payment? This Might Be Why

The IRS notes that anyone receiving SSDI or SSI benefits, as well as veterans, railroad benefit recipients, and more, were automatically made eligible for the first two stimulus checks. The first check may have been garnished in some rare cases or used to pay owed child support. However, the second check was exempted from those situations.

How To Claim A Missing Payment

Are you receiving SSDI or SSI benefits but haven’t gotten either stimulus check? You may need to provide more information to the IRS. Currently, it is too late to collect the missing payments through any other means than by filing your 2020 taxes. You will need to utilize the Recovery Rebate Credit. If you are generally a non-filer, you will need to do so, in order to get your missing payment.

SSDI Or SSI Recipient Living Outside The US?

In the rare scenario that you are a person receiving benefits while maintaining a foreign address and foreign bank account, you will receive your payments in the mail. The IRS is not able to remit payments to foreign bank accounts. The checks for these recipients were not mailed out until the end of July 2020.

Do you live outside the US, but maintain a US bank account where your monthly benefits are deposited? Then your first payment would have been issued as a direct deposit to that bank account.

Categories
Legal Social Security Disability

Why Should I Speak to a Disability Lawyer?

Social Security Disability Lawyer

The process of applying for Social Security Disability benefits can be confusing if you’re not sure how to properly fill out the paperwork. You need the right medical documentation as well, and because of this, more than 65% of claims filed are rejected initially.

You can, of course, fill out the paperwork and submit the documentation yourself, but speaking with a lawyer beforehand could be the difference between your application being approved and denied. Statistically speaking, your claim is more likely to be approved if you have an attorney to represent you.

Why Having a Lawyer Can Help Your Case

It’s no secret that your disability application being approved is much more likely if you have an attorney on your side. There are certainly some individuals that take care of the application process on their own and are successful, but that is not the case for most people.

Your best bet is to hire an attorney early on, as they can argue your case from the beginning, starting with providing advice on your “alleged onset date”. They’ll be able to gather evidence to build a strong case. If you choose to wait to hire a lawyer, they can still help you be successful.

When to Contact a Lawyer

Really, you can bring a lawyer in at multiple points during the process, but the sooner you make that initial phone call, the better. Many attorneys will even offer you a free consultation so they can go over the facts and give you legal advice without needing to spend an arm and a leg.

If you can line up a lawyer to help with your initial application, you can avoid a lot of hassle and mistakes during the process. After a denial, they can help you with the appeal process so you can hopefully still get your benefits.

Should I Wait to Contact One?

If you have already submitted your SSA application, then you should wait to hire an attorney. Once you have turned in your paperwork, there isn’t anything an attorney can do to help at this time. Just wait things out and see if you get approved or denied.

Once you receive your response from SSA on your first application, then you may want to proceed with contacting an attorney. If you are denied, they can help you appeal the decision.

Consult With a Disability Lawyer

If you have a medical condition that has begun to interfere with your life, making it impossible for you to work and support yourself financially, contacting a disability lawyer before filling out your application is a smart move. You’ll be able to get advice on your case and have an expert walk you through the application process.

With the guidance of an attorney, you’ll be able to gather all of the medical documentation and other paperwork needed to file a successful claim. You can file online or you can mail in an application.

Categories
Legal Social Security Disability

SSDI Claim Not Accepted? 7 Common Reasons Why

SSDI Benefits

It is no secret that the acceptance rate for Social Security Disability Insurance (SSDI) has been decreasing steadily for the last 15 years. In 2001, the award rate for SSDI was 46%. By 2006, the award rate had dropped all the way to 38%, and by the end of 2015, less than one third – just 32% – of all applications were awarded benefits. At the same time, the number of benefits being terminated has increased each year since 2011. So how can you make sure your claim is accepted? Here are 7 common mistakes to avoid that will help ensure you get the awards benefit you deserve.

  1. Too much income: Individuals who are currently making over $1,130 per month in income will not be eligible to collect SSDI. However, this limit does not apply to unearned income, such as investments, interest, or any other household income not earned directly by the individual applying for disability.
  2. Temporary disability: Any disability that is not expected to impact the applicant’s ability to work for at least 12 months will automatically be denied by the Social Security Administration (SSA).
  3. The SSA was unable to reach you: Although it may sound obvious, it is important that the contact information on your application is accurate, and that you respond to any and all efforts from the SSA to reach you. Many SSDI claims are denied every month because the SSA is unable to contact the applicant.
  4. Technical rationale: This means that the applicant may be qualified to perform alternative duties and functions to maintain employment in some other role. This is typically referred to as residual functional capacity (RFC). If the SSA determines that your RFC does not prevent you from performing the necessary tasks for certain jobs – i.e., clerical data entry – you may be denied SSDI benefits.
  5. Place of residence: Believe it or not, where you live matters. Sometimes the reason for an SSDI award or denial can be as simple as the presiding judge. In certain areas or jurisdictions, the person deciding the case may be very lenient or very strict. Therefore, two people facing otherwise very similar circumstances may end up with very different judgements.
  6. Not complying with SSA requests: Sometimes a SSDI application may need additional documentation or medical records to support the claim. If the SSA contacts you about missing information, or asks that you submit additional forms, it is important that you follow up as quickly as possible. Failing to comply with such a request will almost always result in a denial.
  7. Application errors: Perhaps the most common reason why an application is denied is because it contains errors. Even a small error can cause the SSDI application to be denied. It is important to make sure you take the time to read the application entirely, fill it out to completion, and double check for any mistakes or omissions.

Of course, if your claim is denied, that does not mean the fight is over. Too many people who receive a denial just give up. However, over 65% of the people who file for an appeal and get a hearing are awarded benefits. But perhaps the most important thing you can do to make sure your claim is approved is to get help before you apply. You don’t have to go through the process alone, and finding the right guidance can be the difference between a quick approval or a lengthy battle.