Personal Injury

Make Sure You Qualify for Social Security Benefits

»Posted by on Aug 17, 2016 in Personal Injury | 0 comments

Make Sure You Qualify for Social Security Benefits

The Social Security Disability Insurance (SSDI) and the Supplemental Security Income (SSI) are the U.S. Federal government’s two largest programs aimed at providing financial assistance to people with disabilities. SSDI was introduced by the Social Security Administration (SSA) in 1956, while SSI was created in 1974.

These programs, though falling under the management of the Social Security Administration, address different disability needs and have different requirements for qualification.

  • The Social Security Disability Insurance (SSDI)

SSDI pays benefits to qualified SS insured members who may be 65 years old or below and who are also totally disabled. To qualify for payment, a member must meet the following requirements:

  • Had worked long enough (or recently enough) and have paid Social Security taxes or Federal Insurance Contributions Act (FICA) taxes while employed (these taxes are automatically deducted from the worker on a monthly basis);
  • Has earned the number of credits required by the SSA (workers earn four credits annually); and,
  • Is suffering from total disability

Total disability or disability, as considered by the SSA, means: (i) inability to perform previous work, as well as any other work, due to the medical condition; (ii) the disability has either lasted for a year or is likely to last for a year or more; and, (iii) the disability can result in death.

A list medical conditions that are severe enough ahs been drawn up by the SSA; finding one’s health problem in this list would automatically include him/her in the roster of disabled insured SS members. Not finding one’s health condition in the list, however, will require an evaluation by Social Security in order to determine if the health condition is serious enough to be considered a form of total disability.

  • The Supplemental Security Income (SSI) Disability Program

SSI provides non-taxable financial assistance to Americans, who are, at least, 65 years old, blind, or disabled (the meaning assigned to “disability” is the same with SSDI), and whose income or resources fall within the federal benefit rate (FBR) determined by the government.

The source of SSI funding is the U.S. Treasury general funds (rather than the SS taxes paid monthly by insured SS members); thus, neither SS credits nor previous employment is required from applicants to qualify into the program.

The main intent of the SSI program is to help provide for the basic needs of its beneficiaries. These basic needs include food, shelter and clothing. In a number of states, SSI benefits application is also considered as application for food stamps, while other states allow the benefits to be supplemented by Medicaid to cover prescriptions, doctor’s fee and other medical care costs.

As explained in the website of the firm Hankey Law Office, disability benefits vary by amount and duration, regardless, receiving this will definitely be huge financial help whether you have recently been diagnosed with a disability or have been disabled since childhood. To help make sure that you get approved for either an SSDI or SSI benefit if and when you file an application, having an experienced Social Security Disability Insurance Lawyer helping you through the whole process may be advantageous.

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Why is Wrongful Death with Personal Injury?

»Posted by on Aug 31, 2015 in Personal Injury | 0 comments

When you experience the death of a person close to your heart, it can be difficult to think rationally. As Albert Camus said in The Myth of Sisyphus, “It is always easy to be logical. It is almost impossible to be logical to the bitter end.”

What difference does it make if the death fits with personal injury or one that involves criminal intent? There is a person in your life who should be there but isn’t anymore – surely someone has to be accountable for it, right?

That is, indeed, quite true – but the law works with objective variables and not on sympathy. There is a difference for a reason because the law branches out into specifics in order to be justly measured with the equal mercy of the justice system. Wrongful death, according to definitions offered by the website of Williams & Kherkher, is a subset of personal injury in the event that the death in question was caused by an injury that was due to the negligent actions of someone else. This could branch out from death due to Mesothelioma as a result of asbestos exposure or even a construction site accident – and these are examples of personal injury, which is why it fits in there.

Though it is understandable to be emotionally distraught when experiencing grief over a loved one or family member, time is of the essence whenever dealing with scenarios of this nature. That is why it is recommended to seek out the help of the right kind of experienced professional with your given situation.

A lawyer that then has experience with personal injury, specifically wrongful death, will have the necessary experience and resources that can allow for your case to move as smoothly and as stress-free as possible so that you may carry on in your grief and maybe allow for some semblance of normalcy back in your life, to know that you are being taken care of by someone or a team that knows what they’re doing.

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“But for” in Personal Injury Cases

»Posted by on Apr 23, 2015 in Personal Injury | 0 comments

Accidents will happen, and it is not always someone’s fault. However, when an accident is preventable, then that is a whole other story. Tort law refers to it as a “but for” condition i.e. the adverse event would not have happened but for the act of the defendant. Louisville KY personal injury lawyers refer to the negligent act is the proximate cause, the main event, the catalyst.

For example, say that Tom decides to walk the dog for half an hour but could not find the leash. The dog is big, but it has never exhibited aggression. Tom decides it is safe to walk the dog unleashed. Along the way, they see their 5-year-old neighbor Gina in the park. Before Tom could react, the dog rushes up and knocks Gina down. The child hits her head on a concrete block and needs stitches. Because Tom did not have a leash, he had been unable to control the dog in time.

There was no intent to harm, but Tom was negligent by not having his dog on a leash. In effect, but for Tom’s action, Gina’s head would not have been wounded. In Kentucky, a dog owner is liable for any injury or damage caused by the dog. It does not have to be a dog bite, and it does not have to be an aggressive act. The formal term for this is strict liability.

It is important to distinguish between malicious intent and negligence. While both may result in a civil suit, intent is not a requirement in tort law. The plaintiff just has to prove that there was a wrongful act that was the proximate (but for) cause of the injury or damage. In Tom’s case, he was not able to control his dog because he had no leash. Sometimes, it is tragically as simple as that.

If you sustained preventable serious injuries because of the negligent act of a third party, you may be able to get compensation for your loss. Contact a personal injury lawyer in your area to establish the “but for” in your case.

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Adverse Event Reporting for Xarelto

»Posted by on Aug 29, 2014 in Personal Injury | 0 comments

The Food and Drug Administration (FDA) gathers data on adverse events which in turn is monitored by consumer watch groups such as the Institute for Safe Medication Practices (ISMP) for information dissemination to the public. According to the ISMP publication QuarterWatch™ , the latest available data confirm that anticoagulant drugs are among the most dangerous of outpatient medications.

In the second quarter of 2012, Quarterwatch reported that the FDA logged 233 patient deaths out of 1,734 adverse event reports for three of the most popular blood thinning medications which including Xarelto. In the first quarter of 2013, 680 adverse events associated with Xarelto were reported, each of which may soon be a Xarelto lawsuit, outstripping its older rival Pradaxa, which logged 528 cases. The disparity is not a reflection on the higher risk associated with Xarelto but the increase in the number of patients. The numbers indicate that almost a million new prescriptions are logged every quarter for Xarelto while prescriptions for Pradaxa has steadily decreases since 2012. It is speculated that the ratio of Xarelto to Pradaxa may well be 2:1 by the end of 2013. The actual numbers are not yet in.

An analysis of cases in the earlier QuarterWatch report indicated that patients who are receiving low doses of Xarelto (10 mg) after knee or hip replacement surgery were at higher risk of blood clotting than patients with non-valvular atrial fibrillation who are put on 20 mg daily regimen. This indicates that the recommended dosage for post-surgical patients is not optimal, and that the touted efficacy of Xarelto may be exaggerated.

This has been the contention of some doctors, who are reluctant to prescribe Xarelto to their patients in light of the fact that the benefits of using the drug may not be enough to justify risking the adverse side effects associated with it. If you have been prescribed Xarelto and have discovered first hand and too late that it wasn’t worth the risk, consult with a Xarelto lawyer with proven experience in handling defective drug cases to find out what you can do to get compensation.

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Avoid Lawyers Who Ask To Represent You

»Posted by on Aug 26, 2014 in Personal Injury | 0 comments

Have you exhausted yourself trying to figure out how to find the right attorney? You can find one if you know what you’re looking for. This article can help you with that as you navigate your way through all of your options. Keep reading to find out more about this.

Try to educate yourself on what you are dealing with. You should not be relying solely on the lawyer to plan and construct your case. Obviously, they will have more knowledge and experience dealing with your situation, but if you are prepared, you can work together as a team to get the win.

Use Google to your advantage when it comes to hiring a lawyer. Look for reviews about any attorney you are considering. If the general consensus is that the attorney you are interested in is lazy and incompetent, you should do your best to look for another attorney to handle your case.

It is hugely important that you know exactly what your lawyer plans to do for you. They should lay it out in writing, preferably, before you sign on the dotted line. If they get you to sign a legal document they have drafted without explaining it, run the other way.

If you need legal help, don’t necessarily use the lawyer you have worked with in the past. You may need a particular type of attorney, someone who specializes in the type of case you are involved in. Don’t worry, though. A specialist isn’t necessarily expensive, so you should be able to afford what you need.

Use the information you’ve just digested to help you find the right attorney for your case. You want to win your case, and you don’t want to take this decision lightly. Keep everything you’ve learned in mind as you find the lawyer that you can trust to help you through this time. If you are looking for more help, visit the articles on www.abelinjurylawyers.com.

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The Pathos of Nursing Home Neglect

»Posted by on Jun 16, 2014 in Personal Injury | 0 comments

Nursing home negligence is just one of the many types of medical malpractice that plagues the mostly clueless US population but it is perhaps one of the saddest. Nursing homes are typically filled with the elderly and infirm which are mostly unable to care for themselves, and are on the whole helpless and easily intimidated. An article on the The Majors Firm points out that the physical and psychological trauma of injury resulting from negligence can be devastating, but especially for nursing home residents who may be afraid or incapable of reporting abuse. It is only when the injuries have become apparent or death occurs that the abuse comes to light.

Incidents of physical, mental, emotional, and verbal abuse deliberately inflicted by nursing home staff has recently made the news, spotlighting the problems that has increasingly plagued nursing home administrations. Problems include staff shortages, lack of available training, and failure to adequately monitor and evaluate staff competencies. Nevertheless, injuries and deaths due to nursing home negligence are believed to be significantly underreported despite the heightened scrutiny by government agencies and advocacy groups.

But these widely-circulated instances of nursing home abuse are not as prevalent as nursing home neglect. There is usually no malice or intent to cause harm; because many nursing homes are understaffed, in many cases of neglect the staff are just overwhelmed by the number of patients under their care. Even then, it is a breach in the duty of care of the health care professional, and as such is still actionable.

Nursing home residents who suffer from nursing home negligence have a right to be recompensed for their injuries. The families of those who died from abuse, error or neglect may also bring an action against the responsible parties. A personal injury lawyer in the area with expertise in dealing with nursing homes would be the ideal representative in such civil actions.

If you believe that your loved one is a victim of nursing home negligence, he or she may be eligible for compensation. Contact a personal injury lawyer such as Ausband Law Firm by visiting their website: http://ausbandlawfirm.com/mcdonough/.

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