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Personal Injury and the Likelihood of Receiving Social Security Disability Benefits

Posted by on 5:41 pm in Injuries and Disabilities | 0 comments

An annual death rate of about 35,000 from car accidents, on top of the more than two million individuals who sustain minor to severe injuries, is a high statistical value. This is why the National Highway Traffic Safety Administration (NHTSA) is tireless in its efforts in enforcing safety traffic rules and in finding ways to continuously reduce the number of mishaps on roads and highways all across the US.

According to the website of The Williams Kherkher Law Firm, with offices in Houston, Texas, knows pretty well that, aside from car accidents, there are many other forms of accidents that can result to serious injuries or death, such as motorcycle accidents, truck accidents, faulty shoulder replacements, drowning, electrocution, and so forth. It also knows, however, that majority of these accidents are due to the carelessness or negligence of someone else, rendering the innocent victim legally allowed to seek and receive compensation from the liable individual.

Many motor vehicle accidents, especially car accidents, occur because someone behind the wheel was drunk, overspeeding, not using signal lights (such as tail or brake lights), texting or talking on the phone with someone, or was distracted. The Williams Kherkher Law Firm website also points out that there are occasions when an accident was caused by a defective part or a poorly-maintained/constructed tool that easily results to ruts, cracks, holes or general wear & tear.

There are also instances when an accident is serious enough to cause permanent disability to a victim. If the disabled victim is employed or had been employed recently and long enough, is below 65 years old, and has paid the required amount of credits required by the Social Security Administration (SSA), then he/she can avail of the Social Security Disability Insurance (SSDI or SSD).

Besides the SSDI, there is also the Supplemental Security Income (SSI); both are the Federal government’s ways of providing permanently disabled persons with cash benefits. SSDI or SSD requirements include: the necessary amount of Social Security credits (earning of credits is made through the monthly payment of Social Security tax, which is deducted from an employee’s salary and identified as FICA or Federal Insurance Contributions Act in his/her paycheck); and, the disability is permanent and renders the insured member not able to perform the work, or any work, he/she performed before the disability; and, that the injury can result to the victim’s death.

SSI does not require earning of credits, though. Just as long as the victim’s age is not beyond 65, he/she has a very low (or is totally without) income or asset, and is disabled or blind, then he/she may be qualified to receive the benefit.

Due to the strictness observed by the SSA in approving claims, however, many applications get denied mainly due to technicality (like a missed signature or information), lack of appropriate documents or failure to file a request for reconsideration or request for a hearing before an Administrative Law Judge (both of which should be within 60 days after receipt of the Notice of Determination on the original claim – this is in the event that the initial application was denied).

When filing for SSDI or SSI, it would be in the best interest of the applicant to seek the help of a San Antonio Social Security disability lawyer, whose expertise and experience on SS disability claims will surely be to his/her advantage. Knowing only too well the physical and financial sufferings and difficulties a victim may experience, as well as the importance of the benefit in helping him/her pay for his/her daily needs and medication, the victim can rest assured that his/her San Antonio Social Security disability lawyer will work diligently for the approval of his/her application.

Keeping a Sunny Disposition in the Rain

Posted by on 3:31 pm in Sunshine | 0 comments

It’s been rainy ’round these parts lately. I’ve seen many people be really snappy towards one another. I imagine it’s partially because of the dreary weather. It tests peoples’ patience.

Seasonal Affective Disorder (SAD) is real and affects the moods of numerous people every year. For most, it sets in during the fall and lasts throughout the winter months. It can impact work performance and personal relationships.

Fighting SAD is not exactly easy, as many people believe the gloomy mood they find themselves in is not a big deal. However, if it’s happening every year, maybe it would be a good idea to try some light therapy. This small investment can make all the difference!

The Benefits of a Limo or Private Car Service

Posted by on 3:14 pm in Limo Service | 0 comments

If riding a taxi has become too ordinary and often a cause of delay in important functions and/or activities, then treating yourself to a luxurious and perfectly comfortable ride that will take you where you want to go without being late can be an easy option. You can even choose which vehicle you want for a stylish ride: a BMW, a Bentley, a Ford Expedition or a Lincoln Navigator – all made possible through limo or a private car service.

Hiring a Limo service ushers in a lot of benefits that celebrities, business executives and many other well-known and high-ranking personalities take advantage of. Besides being serviced by a well-trained, professional driver, who also happens to be CPR-certified (this depends on the company you will choose to provide you the service since not all servicing companies have CPR-trained and certified drivers), you also are assured of transportation (to and from your destination) that is totally elegant, stylish, impressive, safe, relaxing, punctual and comfortable. Plus, for a group of five or six person, hiring a limo (wherein everyone will have room) is definitely more worth it than taking two separate cabs.

Regardless of the type of event you are planning to attend there is always a vehicle appropriate for the occasion: it can be business that requires privacy, a class reunion, a wedding, a prom, picking up someone from the airport, or even a date. And, aside from the stylish ride, you also would not be bothered by menial concerns, such as arriving on time and where to park.

One particular company that has made a name in the limo and private car service industry is Capital City Limousine, which offers all the benefits mentioned above, in addition to the professionalism and the standard of quality service that it provides.

Acts of Negligence Result in Birth Injuries

Posted by on 2:03 pm in Medical Malpractice | 0 comments

When a woman becomes pregnant she and her unborn child will be under the care of an OB/GYN (Obstetrician/Gynecologist), whose duty is to provide the mother-to-be with the medical care that she and her baby needs. This medical care, which is to ensure that both mother and baby are in perfect health, usually starts during pregnancy and goes on through labor until pueperium, which is about six weeks after childbirth (some women, though, regularly consult with an OB/GYN even prior to becoming pregnant). Part of this care is the recommendation of the best prenatal vitamins, the performance of routine check-ups to make sure that the baby is neither underweight nor malnourished, and is not suffering from a folic acid deficiency or from any birth defect. Weeks prior to labor, the physician should also make sure that the placenta and the umbilical cord are in healthy positions and in proper health and that the size of the baby is not too big to keep him/her from passing through the birth canal safely, otherwise this can result to a birth injury if no alternative delivery method will be made.

The Law Offices of Mark T. Lassiter discusses in its website how even one critical mistake by a doctor or a nurse during delivery can forever alter the life of a newly born and his/her family and, sad to say, birth injuries, the Lassiter law firm continues, are not isolated medical malpractice cases as 6 out of 1000 babies born in the US are affected by it.

It is the primary duty of physicians to provide the level of medical care and attention expected of them. Thus, if a doctor fails to provide the standard of care required in the medical field, he/she runs the risk of causing serious injury, illness, or even death, to patients. It is along this line that Wilson & McQueen, PLLC, explains its website the legal rights of patients, explaining about the medical malpractice laws that hold medical care providers accountable for their errors and the consequences of these.

Even medical experts explain how acts of negligence have resulted to birth injuries which, in many instances could have easily been prevented. Some of these negligent acts include:

  • Failure of the doctor to prescribe the necessary vitamin and nutrition regimen to the mother; check the unborn baby’s health and overall condition inside the mother’s womb; and, perform all necessary tests
  • Failure of the doctor to perform (or not perform) an emergency C-section or cesarean surgery
  • Failure of the doctor to properly monitor the infant’s condition through the different stages of pregnancy
  • Twisting or pulling the infant improperly during the delivery
  • Improper use of birth-assisting tools, like the forceps
  • Administration of the wrong amount or type of medicine to the mother, either during pregnancy or during labor

As pointed out by Crowe & Mulvey, LLP, children are always left to struggle with the consequences of birth injuries for the rest of their lives, while parents are faced with constant worry and costly medical expenses about their child’s future for a lifetime.

Though the birth injury may be irreversible , all three mentioned law firms advise the families of babies suffering from a birth injury to consult with a highly-competent legal professional immediately for the compensation (from the liable party) that the law may allow them to claim which, hopefully, will help in the financial needs of the injured baby.

The Advantages of Estate Planning

Posted by on 10:26 am in Estate Planning | 0 comments

A person’s mental capacity is often the cause of dispute in litigations involving a Will, a Trust and an Estate Plan. This is why having a doctor or a psychologist evaluate a testator’s mental capacity prior to him/her drafting his/her Will is quite necessary. A psychologist’s or a doctor’s expert opinion on the lucidity of the testator’s mind would be enough to quash any claim that he/she may not have fully known or understood the importance of the Will being drafted.

So many Americans see estate planning as a concern only of the wealthy, whose properties are worth millions in cash. The fact, however, is that anyone who has something that is considered valuable (or with value) can sit down and draft a Will.

Estate planning basically begins with the drafting of a Will. The testator (or the individual writing the Will) can put in this Will everything that he/she intends to pass on to his/her spouse and children. The Will specifically states which asset or thing of value (or how much cash) should go to the spouse and the children; it can also require an heir to first accomplish something – a condition for him/her to earn his/her inheritance.

A more elaborate Will can include the testator’s chosen:

  • Guardian for his/her children (if they are still minor)
  • Health-care proxy or the person who will make medical decisions on his/her behalf if he/she gets incapacitated
  • Executor or the person who will take charge in the administration of the estate left for distribution to the heirs. The executor should also accomplish the testator’s last wishes specified in the will, and settle all the unpaid debts of the testator’s (after all debts have been paid, only then can the assets, or what remains of these, can be distributed to the heirs).

On its website, the law firm Peck Ritchey, LLC, explains that estate planning will help the testator dispose his/her properties and assets in ways that will maximize their value through the reduction of taxes and other expenses, as well as eliminate doubts on the administration of a probate – benefits that will prove advantageous for his/her loved ones. Thus, rather than leaving one’s family members disputing against each other over issues of inheritance, an estate plan can speak the very mind of the testator and even prevent what could end up as rivalry among his/her spouse and children.