Lawyers Blog Blog,Legal Should I Consult With a Lawyer?

Should I Consult With a Lawyer?

March 20, 2019March 20, 2019 | David J. HernandezDavid J. Hernandez | 0 Comment | 2:55 pm
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You know you qualify for social security disability benefits. For instance, you worked in jobs that paid into the social security system. You also have a medical condition that meets the social security administration’s (SSA) of a disability. However, you still need to consult with a disability lawyer before applying. For example, a lawyer will evaluate your claim, medical records and request medical tests that will further help your case.

Even though you know you’ll qualify for disability, there are some cases where you will be denied. There could be reasons why you are denied such as:

  • You made too much money. The SSA considers a “substantial gainful activity”, or SGA, which means that your income is too high to be disabled. In 2014, the SGA limit for people who aren’t blind was $1,070.
  • Your medical condition won’t last long. You must have severe impairment that lasts at least 12 months.
  • You didn’t follow physical therapy as required unless there is an acceptable medical excuse. If you don’t follow your physical therapist’s orders, it could stop you from receiving disability.
  • The SSA can find you in the system. The Disability Determination Service, or DDS, determines your medical eligibility. If either agency can’t locate you to schedule an examination, you will be denied.
  • You committed fraud by trying to obtain disability benefits.
  • Your disability is caused by a drug or alcohol addiction.
  • You committed a crime that prevents you from collecting social security disability.

So, now you are thinking about reapplying to overturn your denial. You can do this by yourself, but due to various terminology, rules and deadlines, you will need a lawyer. For example, a disability lawyer will know the type of evidence needed to support your claim. In addition, he or she will advise you of the relevant laws and how to proceed with your claim.

You have worked and put money into the system. You are disabled and need that money back to support yourself and your family. You shouldn’t go through the process alone. Instead, you should consult a disability lawyer.

It often takes a couple of attempts before a denial is overturned and you receive your benefits. However, with the help of a disability lawyer, you have a legal warrior on your side to help you. If you are in the Kansas, Missouri or Illinois and need help with any social security disability questions, concerns or assistance.

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Does the Government Shutdown Effect Workmans Comp?Does the Government Shutdown Effect Workmans Comp?

January 20, 2018January 20, 2018| David J. HernandezDavid J. Hernandez| 0 Comment| 3:05 pm

The recent government shutdown has many people concerned about which programs will continue and which programs will be suspended indefinitely. Workman’s Comp is no different. Many people who receive Workman’s Comp have been wondering if they will still get their benefits or if they will have to find some other avenue of covering a portion of their bills. This is the same question that many individuals are asking who depend on the federal government for employment benefits or assistance of virtually any type. The short answer is that for the time being, Workman’s Comp will continue as scheduled. However, it should be noted that there are no simple answers regarding the government shutdown. There are, however, many gray areas.

Most of the gray areas occur regarding federal employees who are receiving Workman’s Comp before the government shutdown occurred. Private employees who are receiving Workman’s Comp are scheduled to receive their benefits without delay at this time. However, many federal employees who are currently working find themselves either forced off of work until the government shutdown is resolved or they are working without pay. It stands to reason that any federal employee who is currently working and is not being paid can expect not to be paid if they are receiving Workman’s Comp. This is one of the many gray areas that has occurred regarding the government shutdown and many individuals who are directly in the center of this calamity have little knowledge about how they will ultimately be affected.

The other problem is that even more ominous things can happen if the government shutdown is not resolved rapidly. The government will default if the issue is not resolved by mid October. If this is allowed to occur there is a great deal of uncertainty about how many government programs will be affected, including Workman’s Comp. Virtually every individual from federal employees to senior citizens are deeply concerned about whether or not they will receive benefits if the government defaults. Unfortunately, it is largely up to the federal government to decide which programs, if any, will be funded. This means that virtually every individual is at the mercy of the people in Washington to decide their fate. There is also the very real problem of finding a way to fund government programs in the event that there is no money to fund the programs with, which is what will happen if a default is allowed to occur.

In closing, anyone who is receiving Workman’s Comp who is concerned about their ability to continue to receive benefits should contact the Law Offices of Oliver C. Minott with any questions they may have. Having proper legal representation is vitally important at any time, but it is especially important during this time of uncertainty.

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How Does Estate Law workHow Does Estate Law work

March 24, 2018March 24, 2018| David J. HernandezDavid J. Hernandez| 0 Comment| 2:48 pm

The Law Offices of John N. Kitta Estate Lawyer; http://www.youareingoodhands.com/, provides comprehensive legal help in the area of estate law. Come by our offices in Fremont, California. You may be a client but we will treat you like one of our family. This is core to us because estate planning is a legal service that everyone will need whether they realize it or not. Estate planning covers a number of elements but it is simply providing for the continued management of one’s assets whether they have the capacity to do so our not. Careful and attentive estate planning takes into account the tax consequences of one’s estate based on the nature of that person’s estate and the location of that estate. A person’s estate could be anything from a simply bank account to ownership and holdings in real property and corporate interests.

If you take the time to check out our website at http://www.youareingoodhands.com/ many of your answers regarding estate planning can be answered. The following areas are some of the most frequently asked topics regarding estate law and planning Estate Law:

  • Organization and succession of family owned and operated businesses.
  • The division of real, personal and intellectual property and assets.
  • Conflicts and administration of matters regarding one’s social security disability trusts benefits.
  • The preparation of wills and trusts for generational familial assets.
  • The purposes and requirements related to durable and sometimes limited powers of attorney.
  • The design and creation of charitable trusts as well as trusts for minors and for certain people with special needs.
  • Internal Revenue Service and the State of California’s application of its Franchise Tax Board and negotiations involving general estate taxes.
  • The need for proactive planning to avoid or limit exposure of ones estate to probate court and conflicts regarding inheritance issues.
  • The relevance of estate planning and why one would need a living trust and what is a living trust.

There is no one formula for estate planning that suits all individuals. The proper legal advice is based upon the nature and extent of one’s estate. My office will sit down with you and do an estate audit of all of your business holdings, real property interests as well as potential future earnings still due to you such as annuities, stock and other investment yields. I will then outline some estate structures that you can engage in now as well as put into place in the future. It is not difficult once you realize that you only become aware of the need for estate planning once a crisis is already at hand.

For clients that have special wealth management needs I can help you as well. especially residents of California. Come on in. I can’t wait to be of service to you!

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Questions To Ask a Personal Injury AttorneyQuestions To Ask a Personal Injury Attorney

March 20, 2018March 20, 2018| David J. HernandezDavid J. Hernandez| 0 Comment| 3:03 pm

So you find yourself in a car accident and have sustained serious injuries that will require extensive medical care. Instead of stressing about how you are going to pay for all of the new expenses, think about hiring a personal injury attorney. If you are around the San Antonio area perhaps considering contacting the Law Offices of Jan Perry Lederer for some great advice. She is experienced in helping individuals suffering from injuries including physical, emotional, or mental and getting you the compensation and relief you are entitled to. When meeting with an attorney there are some key questions you’ll want to ask.

First, it is important to ask about the attorney’s educational background. You’ll want to know whether or not they have a solid education and if they know their stuff or not. Second, along the same lines you should ask if they have taken any continuing education classes recently. Lawyers are required to take a certain number of hours of continuing education in their field each year to stay current. Third, it is important to ask how long they have been in practice. You’ll want someone seasoned to work with because they’ll know the ins and outs very well. Fourth, you can ask how many claims they have settled outside of court. This obviously is the goal, as going to court can take months or even years. You want to know you have a good negotiator on your side.

Fifth, you’ll want to make sure that the attorney you choose to work with typically works with the individual who is injured and not the insurance company. This is important because you want to make sure that your attorney is completely committed to you. Sixth, you’ll want to ask who also works with this attorney. Would it just be them you would be working with, or is there an associate or paralegal also assigned you’d deal with as well. Seventh, you can ask them flat out if they expect your case going to trial given the information and details you provided. Trials can be long and costly, so you typically want to try your best to settle outside of court. Eighth, in the event it goes to trial, what sort of trial experience does this attorney have? Trial is very different than in an office and negotiating. You want someone who is a tiger and comfortable in the courtroom. Ninth, you want to make sure the attorney will honor your wishes so ask them flat out, if at any time during the process you want to settle and the attorney doesn’t agree, if they will support you and finalize things appropriately. Tenth, make sure you know all their fees. If they charge a retainer or work on contingency make sure you completely understand it and both of you are on the same page in regard to fees and costs. You want to know absolutely everything upfront. If you ask these pointed questions you can rest assured that you will make the most out of your initial consultation and be able to retain a great attorney to help you win your case.

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