According to APS, signs of financial exploitation may include the following: missing personal belongings, suspicious signatures, little to no understanding of one’s monthly income, many checks made payable to “Cash”, numerous unpaid bills, discrepancies in income tax returns, large withdrawals from accounts and a changed Will or power of attorney, particularly with the addition of non-family agents and beneficiaries or family members who are not the natural objects of the person’s bounty. For family and friends who begin to notice signs of financial exploitation, or even if you think you may be a victim yourself, a quick call to APS’s 24 hour hotline (1-888-832-3858) can save the day. APS may be able to intervene before too much serious trouble begins, may be able to recognize signs of incapacity that require legal action and, if necessary, notify local police of criminal wrongdoing. Reports can be made anonymously.

As practitioners within the elder law community, we also run across situations in which a family member expresses concern about how their loved one is being treated by a neighbor, caregiver or sometimes even other family members. Determining when it is appropriate to call APS to report suspected elder abuse in our clients can be a difficult dilemma, since we are not always able to see the evidence firsthand and sometimes our clients deny any wrongdoing or concerns. However, APS reports that there are steps that you can take to protect yourself from potential financial exploitation.

1. Stay involved with friends, family and neighbors. Social isolation increases your risk for exploitation because the people who care about you are not around enough to notice you may be in trouble. Do not allow people into your home to provide care who are not licensed and had a criminal background check.
2. Beware of scams of all kinds. They can range from in-person to internet to email or telephone solicitations for phony charities, requests for help from a bogus relative (someone pretending to be your grandchild for instance), bogus threats of audit or overdue taxes from the IRS (the IRS does not call you to talk about your income taxes), exclamations that you have just “won a prize” (almost always a total scam or solicitation to purchase something you do not need or want) or claims that your computer has a virus that they can fix for a fee (nothing wrong with your computer). DO NOT give out your personal information to anyone who asks for it; if it seems potentially legitimate, you initiate a call to the bank or agency using a trusted phone number (like the one on the back of your credit card) to verify that the person asking for the information is doing so legitimately. Also you should know that if you are scammed once you are more likely to be targeted again.
3. Keep on top of your finances. If you need help with your finances, do not abdicate total responsibility. Ask lots of questions and review your account statements or have a trusted friend or family member help you do this. Shred documents with your personal information on it.
4. Do not sign documents you do not understand, whether it is in relation to an investment opportunity or for the provision of goods or services. Ask questions about risks, all costs and fees and be sure that you can withstand a loss or the worst case scenario.
5. Plan ahead for potential incapacity and work with trusted advisors who can assist you in making solid plans for the future and who can help you to choose agents who can assist you as well. A knowledgeable elder law attorney will be able to help you think through all the issues that may confront you as you age. Since everyone’s circumstances are different – from family to finances – one plan will not fit everyone. Work with trusted legal and financial advisors to craft a plan that works for you.

Remember June 15 is World Elder Abuse Awareness Day. Take some steps to protect yourself and those you love and give the attorneys at the Hook Law Center a call. We are here to help.

Ask Kit Kat – Moving North

Hook Law Center:  Kit Kat, why are shelter animals moving north from places in the south?

Kit Kat:  Well, it’s their best shot at not being euthanized. Warm weather places have a glut of animals in shelters that need homes. Warm weather and more daylight fosters more breeding and births. Shelters in the north, on the other hand, have the space and the people who are willing to adopt. So it’s a win for pets for sure! The number of animals which have had to be euthanized has declined dramatically since the 1970s when 20 million cats and dogs were put down. In 2011, the American Society for the Prevention of Cruelty to Animals estimated the number of animals euthanized was down to about 2.6 million. In 2017, it has declined even further to 1.5 million. That’s especially good news for cats who account for 60% of those euthanized.

So how are the pets transported? Well, there are a variety of ways, including bus, car, vans, and even planes. One very active group is called Rescue Express, based in southern California. In one year, they have transported more than 10,000 animals to safety in other regions, mostly in states to the north, like Oregon and Washington. “Nearly a third of the 30,000 dogs and cats received by a Portland, Oregon coalition of six shelters in 2016 came from outside the area, including from Hawaii,” according to Karin Brulliard, author of The Washington Post article reviewed here.

A success story is May, a charcoal-and-white pit bull mix, who came from a shelter in Los Angeles County, California. She had passed one temperament test, but failed the second one. The tests are required for adoption. Rescue Express agreed to transport her to Eugene, Oregon, and another rescue group said they would find her a home. She was then placed at Northwest Dog Project. She lives in her own cottage along with 10-17 other dogs, depending on the need. They have piped-in music and even skylights. Quite a change from the overcrowded situation she came from. According to director, Emma Scott, May will be evaluated and receive training. She ‘already knew how to sit, and now we’re working on her leash manners. …We’ll do everything we can to make her as adoptable as we can.’ With all that, May can’t help but succeed and find her forever home! (Karen Brulliard, “From death row to adoption: Saving animals by car, van, bus, and even plane,” The Washington Post, (Animalia), May 13, 2017)

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Hook Law Center encourages you to share this newsletter with anyone who is interested in issues pertaining to the elderly, the disabled and their advocates. The information in this newsletter may be copied and distributed, without charge and without permission, but with appropriate citation to Hook Law Center, P.C. If you are interested in a free subscription to the Hook Law Center News, then please telephone us at 757-399-7506, e-mail us at mail@hooklawcenter.com or fax us at 757-397-1267.The post World Elder Abuse Awareness Day first appeared on SEONewsWire.net.]]> http://www.seonewswire.net/2017/06/va-aims-to-reduce-veteran-suicide-with-new-predictive-technology/ Fri, 02 Jun 2017 18:32:17 +0000 http://www.seonewswire.net/2017/06/va-aims-to-reduce-veteran-suicide-with-new-predictive-technology/ The Department of Veterans Affairs (VA) launched a new program designed to identify veterans who are at risk of suicide. With an average of 20 veterans taking their lives each day, the agency is hoping their efforts will help reduce…

A 55-year-old driver for the Utah Transit Authority experienced pain in his chest and abdomen that prompted him to go to a local medical clinic. The man was seen by a physician’s assistant (PA). The PA diagnosed him as having constipation. No tests, such as an EKG or chest radiographs, were ordered and he was not sent to the E.R.

The man’s pain continued for more than a week and he went back to the medical clinic and was seen by a different PA. He was once again diagnosed with stomach pain and constipation. No further tests were ordered. Four days later, the patient died of aortic dissection. His wife filed a medical malpractice lawsuit. The jury delivered a verdict of $2.9 million with a finding that the medical clinic was 70 percent at fault and had breached the standard of care and that the patient was 30 percent at fault for not going to the E.R. on his own.

If you suffered a serious personal injury or a loved one died as a result of alleged medical negligence, hiring an experienced lawyer could make a difference in the outcome of your case. If you do not have a lawyer and do not know where to find one, Litigation Funding Corporation can assist you in obtaining one, no matter what state you reside in. Once you have an attorney-of-record, the litigation process begins but may take many months or years to resolve.

For victims of medical negligence, litigation funding, also referred to as a “lawsuit loan,” is the only option they may have to avoid exhausting their financial resources. By applying for pre-settlement funding an approved plaintiff receives non-recourse funds in advance of their lawsuit. Non-recourse funding is contingent on the outcome of the case and repayment is only made if the case is won and compensation awarded.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit http://www.litigationfundingcorp.com/.

Steve Penny, the president and chief executive of USA Gymnastics, resigned after the organization came under fire for the way it has handled sex abuse cases against officials and coaches.

Over the years, the Olympic sports organization has been severely criticized by former gymnasts and members of Congress for its inaction over sexual abuse allegations. In particular, Penny faced intense pressure over the handling of accusations against Larry Nassar. Nassar is a former doctor for the USA Gymnastics national women’s team who worked full time at Michigan State University for almost 30 years.

Nassar was accused of sexually assaulting girls and women during routine examinations as well as groping and fondling gymnasts as teenagers. He has been charged with over 20 counts of sexual assault since September and has denied all the charges he faces in both the state and federal system. Nassar is being held without bail in Michigan after his arrest for child pornography in November last year.

More than 60 women have filed lawsuits against USA Gymnastics and Michigan State alleging their negligence permitted Nassar’s abuse to continue. One woman said supervisors did not fire Nassar until 2015 even though she had voiced concerns about his conduct to Michigan State in 2014. Penny eventually reported him to federal authorities.

Besides Penny, some lawsuits have named former USA Gymnastics national team coaches Bela and Martha Karolyi as codefendants. They were accused of creating a culture of abuse that enabled Nassar to take advantage of young athletes. According to court documents, they allegedly “had knowledge of inappropriate conduct and molestations committed by [Nassar] before and during his employment, yet chose to allow him to remain unsupervised where he sexually abused plaintiff.”

Veterans can visit the website, to view information on the VA’s 1,700 health care facilities nationwide and compare them to nearby private hospitals. They can access data on average wait times for appointments as well as patient satisfaction rankings for various VA medical centers. The agency seems to be sharing the information in an effort to encourage competition for improvement among its medical facilities.

Increasing accountability has been a key goal of recently appointed VA Secretary David Shulkin. The agency’s Acting Under Secretary for Health Poonam Alaigh said that under Shulkin’s leadership, the VA has adopted the view that outside scrutiny will serve to spur improvement.

Most lawmakers and veterans groups praised the new website for its transparency. However, some veterans organizations questioned how meaningful the published information will actually be.

The Government Accountability Office has expressed concern about the accuracy of the VA’s wait time data. For example, it does not account for the time it takes for a veteran to request care and get contacted by a scheduler to make an appointment. In addition, scheduling records have been notoriously inconsistent.

The VA website is a work in progress that is far from comprehensive. The agency is planning to add information about more areas and update wait time data monthly once the site is fully operational.

The lawsuit alleged that an outpatient surgery center was negligent in administering a steroid to the patient. As a result, the woman suffered paralysis from the waist down. She is unable to walk and will require around-the-clock care for the rest of her life.

According to the complaint, the steroid injection was administered despite a warning label stating in bold, block letters that the steroid was “not for epidural use.” The warning label was added in 2011 at the request of the drug’s manufacturer, and was approved by the U.S. Food and Drug Administration. The label also had additional warnings stating that adverse neurological reactions may occur if the drug is administered by an epidural, including spinal cord infarction and paraplegia, which is exactly what happened to the woman.

The jury awarded the victim approximately $1.7 million in past and future medical expenses; $3.2 million in unspecified economic damages; and $6.5 million in past and future non-economic damages such as pain and suffering. Her husband was awarded $3.5 million in past and future non-economic damages for loss of consortium, according to the verdict.

This verdict is a prime example of how big profit corporations can be held accountable, despite having a legal team of high-powered attorneys. Yet, it still took nearly four years to reach a verdict, time which most likely was financially challenging for this couple. Litigation funding would have been a perfect solution.

Litigation funding is a non-recourse cash advance to qualified plaintiffs to help pay the bills and other expenses, while giving his/her attorney time to achieve a fair and full settlement. There are no upfront fees, no credit checks, no employment verifications and no monthly payments. Funding is based solely on the strength of the case, with repayment once the case successfully settles. If the case is lost, the repayment is completely waived.
The first step is to complete an online application or call our office. Once we receive your application and supporting case documentation from your attorney, Litigation Funding can determine if the case has merit for a lawsuit cash advance. If approved, the funds can be available within 1-2 days of signing a contract. The money can be used right away for whatever the plaintiff wishes – living expenses, mortgage or car payments, or even to avoid bankruptcy. It is really that simple!

If you, or a loved one, were seriously injured and are in need of litigation funding due to a medical malpractice, misdiagnosis, or negligence, contact Litigation Funding Corporation at .866.LIT.FUND or complete an online application for a free case evaluation.

Right before the House vote on the new health care legislation, the Senate approved a $1.1 trillion spending bill that will finance the government until September and prevent a government shutdown. The approval of the spending bill allowed the House to safely pass the American Health Care Act (AHCA). While House Speaker Paul Ryan is hopeful that the Senate can pass a bill meant to replace the…

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Technology has changed so much around us, including in the legal world. Potential clients now Google basic legal questions before coming to see an attorney, so they are more versed in legal documents before an attorney suggests them. Deeds can be electronically recorded and so an inked signature is never sent to the register of deeds. Legal Zoom and other electronic services have changed many transactional law practices, including estate planning. Some now bypass the attorney and use online services with which to draft their estate planning documents or business plans. Whether created using Legal Zoom or drafted by an attorney, all wills require the testator to sign it with an ink pen. So, despite the existence of such online services and the rapid evolution of technology, the manner in which wills are executed remained unchanged; at least until recently.

Last week Florida passed an electronic wills law. The Florida law allows individuals to electronically sign their own will, by-passing the need for a second trip to the attorney’s office or an ink pen. In order for the will to be considered valid, it must be electronically signed by the testator and signed in the presence of two witnesses, much in the manner in which wills are traditionally executed, but the witnesses do not have to be in the same room as the testator. Instead the witnessing of the will can be done virtually (by web camera), so long as the execution is videotaped. There are a number of other requirements that must be met in order for a will to be a valid electronic will; however, the revolution does not exist so much in the details, but rather in the fact that electronic signatures and thus purely electronic wills exist.

Currently, neither Virginia nor North Carolina are considering similar laws; however, Florida’s electronic wills statute will impact both states. Will Virginia and North Carolina accept Wills which were validly executed under Florida’s electronic wills statute as a means to pass title to a Florida resident’s real estate located here, even though the will wouldn’t be considered valid here? Should Virginia and North Carolina consider similar electronic wills statutes to make travelling to and from our states easier?

Many believe that allowing the electronic creation of wills will allow the more than half of Americans who don’t have wills, to create them at a reasonable cost. Others are concerned that allowing the electronic execution of wills will result in an increase in fraud, undue influence, and elder abuse. The actual impact of allowing electronic signatures and electronic wills remains to be seen. But one thing is for certain, technology continues to change the practice of law.

At Hook Law Center we understand that your time is limited and valuable. For that reason we offer virtual appointments (via web cam) and a limited number of evening appointments

Ask Kit Kat – Prairie Dog ‘Talk’

Hook Law Center:  Kit Kat, what can you tell us about how prairie dogs communicate?

Kit Kat:  Well, if you’ve ever heard a prairie dog whistle, you’ve heard prairie dogs “talking.” What may sound to you like a cheerful whistle is actually how they communicate. The premier expert in the field is Con Slobodchikoff, emeritus professor of biology at Northern Arizona University. He’s been studying prairie dogs’ communication for more than 30 years!

According to Dr. Slobodchikoff, prairie dogs have such complex communication abilities, that he has labeled it as language. Not all his colleagues in the scientific community agree, but he still clings to his assertion. Dr. Slobodchikoff says that the prairie dog can not only telegraph what type of outsider there is, but also the outsider’s size, shape, color, and speed. He also says they can describe something they have never seen before. One way they do this is through the use of intonation. Much like in the Mandarin language in which one word (ma) can mean horse, mother, or to scold, the prairie dog combines 6-7 overtones (compared with a human’s 3-4 overtones) to compose different strings of words—“dog big yellow fast” or “human small blue slow.” Dr. Slobodchikoff is dedicated to this field and will continue his research into these fascinating creatures.

Sadly, his subjects are in decline right now. They are not a protected species, because some see them as pests who consume the grass that cattle depend on. Dr. Slobodchikoff says they are not really a threat, because it would take hundreds of prairie dogs to eat as much grass as one cow does. Before 1800, it is estimated that as many as 5 billion prairie dogs occupied the Great Plains. They live in colonies in underground burrows and rarely venture more than a few hundred feet from the home colony. As soon as a threat is detected, the one who realizes danger sounds the alert, and all run for cover. Now, it is estimated that only 10-20 million exist. Another problem for them is disease. Since 1900, they have been prone to contract plague, brought to North America by flea-bitten rats from Asia. Nevertheless, Dr. Slobodchikoff will continue his studies, even though it now requires him to travel further from Flagstaff where Northern Arizona University is located to find his subjects. (Ferris Jabr, “Can Prairie Dogs Talk?” The New York Times Magazine, May 12, 2017)

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Hook Law Center encourages you to share this newsletter with anyone who is interested in issues pertaining to the elderly, the disabled and their advocates. The information in this newsletter may be copied and distributed, without charge and without permission, but with appropriate citation to Hook Law Center, P.C. If you are interested in a free subscription to the Hook Law Center News, then please telephone us at 757-399-7506, e-mail us at mail@hooklawcenter.com or fax us at 757-397-1267.The post What Do You Mean Electronic Will? first appeared on SEONewsWire.net.]]> http://www.seonewswire.net/2017/05/finding-dory-puts-spotlight-on-children-with-special-needs/ Mon, 29 May 2017 16:00:38 +0000 http://www.seonewswire.net/2017/05/finding-dory-puts-spotlight-on-children-with-special-needs/ Pixar’s recent film “Finding Dory” will have resonance for parents who have children with special needs. The animated film is the sequel to the 2003 blockbuster “Finding Nemo.” It tells the tale of a blue tang fish named Dory who…

The city of Denver has a found a legal loophole to avoid complying with federal immigrant reporting requirements, while avoiding the loss of funds from the federal government. In the past, all municipal crimes carried a maximum sentence of 365 days. Now, only the most serious offenses, such as continuous domestic violence and violence assaults, carry a maximum year-long sentence. Other lower crimes such as initial domestic violence, trespassing, and shoplifting would result in only a maximum of 300 days in jail. This change in sentencing laws allows Denver to still be eligible for federal tax dollars, yet removes Denver from the “business of immigration enforcement”
-By Timmy Yip, J.D.

https://www.washingtonpost.com/news/morning-mix/wp/2017/05/24/denver-fights-back-against-trumps-deportation-crackdown-with-surprisingly-simple-change-in-law/?utm_term=.86cced96f686

Gilfix and La Poll wishes to thank the hundreds of attendees, and wonderful nonprofit co-sponsors, for making our 13th annual Special Needs Seminar our best yet!

We were overwhelmed with the response, and with all of the kind comments we received from seminar attendees. We were also thrilled to see many attendees connecting with co-sponsor support organizations, including:

• Center for Independence of San Mateo
• Children’s Health Council
• Community Resources for Independent Living (CRIL)
• Jewish Family and Children’s Services
• Life Services Alternatives, Inc.
• National Alliance on Mental Illness (NAMI)
• Pacific Autism Center for Education (PACE)
• Parents Helping Parents and many more!

The seminars, lead by attorneys Michael Gilfix and Mark R. Gilfix, covered the importance and structure of special needs trusts, recent special needs legislative updates, including the Special Needs Trust Fairness and ABLE Acts, and an overview of how estate planning can incorporate these very important tools. Michael and Mark were thrilled with the quality of questions they received from audience members.

Gilfix and La Poll is proud to be one of the nation’s premiere special needs planning firms. We were overjoyed to connect with so many in the bay area community at our recent seminar.

We know many who signed up were unable to attend, and space and parking restraints meant we were unable to accommodate all who wanted to attend.

Because of this, we will be offering a special follow-up Special Needs Trust Seminar on June 22nd at the Bay Café (1875 Embarcadero Road) in Palo Alto. Space will be limited, and we anticipate a full house. If you hope to attend, we encourage you to register as soon as possible here.

Again, we thank you for making the Special Needs Trust seminar such a wonderful and successful event!

REGISTER NOW FOR OUR SPECIAL EVENT

A motorcyclist was sent to the hospital with serious injuries after a collision with a car in Rochester, New Hampshire. Police say the 76-year-old motorcycle driver was traveling south when he was struck by the driver of a 2004 Nissan Sentra, who was pulling out of a parking lot. The Nissan driver was not injured.

Both vehicles sustained heavy damage and had to be towed from the scene. The crash remains under investigation.
Although life is not easy after a serious auto accident, it is even harder to fight for a quick and fair settlement. Just because you are seriously injured due to the negligence of someone else, doesn’t mean the bills stop coming in. In fact, victims usually face a host of additional expenses – car repairs/replacement and medical expenses. If injuries leave the victim unable to work, the financial picture may be devastating.

Insurance companies who you thought would be “on your side” when tragedy strikes will usually deny, delay, and defend claims in their own best interest. Knowing a financial desperate plaintiff will strongly consider any settlement, the insurance company will seize the opportunity to offer much less than case value.

Don’t let the insurance company finagle their way out of a claim; never face the insurance company without an experienced auto accidents attorney who can help you fight for justice.

Once a lawsuit is filed, plaintiffs with limited income may want to consider auto accident litigation funding. Litigation funding is a financial lifeline to keep your case strong and your bills paid until a final settlement is reached. This type of cash advance is provided risk-free. There are no payments until the case settles, but if lost, repayment is completely waived. Additionally, there are no credit checks, employment verification or upfront fees; we fund strictly on case strength.

Once an application and case documentation is received, Litigation Funding Corporation can make a funding decision within 24 – 48 hours. To learn how litigation funding can help get you the emergency cash you need, call Litigation Funding Corporation or complete our online contact form.

Federal agents busted a multimillion-dollar drug operation that hid cash and heroin in wooden furniture. Three men were arrested for their alleged role in the drug ring following a raid in the Bronx neighborhood of New York. They are now facing multiple drug possession charges.

The Drug Enforcement Administration (DEA) and Homeland Security Investigations (HSI) found a large collection of furniture in a storage unit and nearby U-Haul truck. Upon further investigation, they discovered more than six pounds of heroin and $4.1 million in cash hidden inside furniture compartments.

According to the authorities, DEA and HSI agents tracked monthly furniture shipments to and from a Bronx storage facility. They found that the three suspects allegedly ran a narcotics operation that spanned several states. The heroin was imported from a Mexico drug cartel. It was then shipped from Texas for sale in New York and Massachusetts.

The three defendants allegedly used bottled fox urine in an attempt to hide the smell of the drugs. They denied any wrongdoing after being charged with multiple counts of criminal possession of a controlled substance in Manhattan Criminal Court.

“The organization thought of every detail, from adding a tricycle to their stash of furniture in order to appear like a relocating family, to spraying contents with repellent to ward off police K-9 units,” said New York DEA Director James Hunt.

Drug possession charges are serious. It is important to seek the help of an experienced criminal defense attorney to fight such allegations.

Under the Digital Assets Act, a “digital asset” is broadly defined as “an electronic record in which the individual has a right or interest.”  The Digital Assets Act will permit a fiduciary – the executor or administrator of an estate, the trustee of a trust, the guardian and conservator of an incapacitated person, and the agent under a power of attorney – to manage the principal’s digital assets such as computer files, web domains, and virtual currency.  However, it will restrict a fiduciary’s access to electronic communications such as email and text messages (the “content of an electronic communication”) and social media accounts, unless the original user specifically consented to such access in a will, trust, power of attorney, or other record. Whereas the previous law concerning digital assets applied only to executors and administrators of estates, the new law will apply to also to guardians, conservators, and agents under powers of attorney, broadening the scope of the law, and will provide more specific guidance to the “custodians” of digital assets (those who carry, maintain, process, receive, or store digital assets) which closely mirrors the laws of other states that have enacted the Uniform Fiduciary Access to Digital Assets Act. What does this mean for you?  If you wish for your executor, trustee, or agent to be able to access the content of your electronic communications, as opposed to merely a log of the parties to and date of the communications, you should include wording in your will, trust, and power of attorney to specifically permit it, in accordance with the terms of the new Digital Assets Act.

Ask Kit Kat – Cats and Boxes

Hook Law Center:  Kit Kat, what can you tell us about cats and why they love boxes so much?

Kit Kat:  Well, we cats have our own special idiosyncrasies. One of them is that we love small, defined spaces. They make us feel protected and secure. It’s not just me saying this, or what you might have observed yourself about cats. Dr. Nicholas Dodman of Tufts University’s Cummings School of Veterinary Medicine says, “When young, they used to snuggle with their mom and litter mates, feeling the warmth and soothing contact. Think of it as a kind of swaddling behavior. The close contact with the box’s exterior, we believe, releases endorphins—nature’s own morphinelike substances—causing pleasure and reducing stress.” Pigs have a similar liking, he says about research he conducted with Temple Grandin of Colorado State University. However, for them, ‘lateral side pressure’ is all it takes to have a soothing effect.

More validation for cats’ preference of small spaces like boxes comes from Dutch scientists. Their research showed how shelter cats that were provided with boxes as retreats adapted much faster to their new environment when compared with those who were not provided boxes as a safe haven.

To take this a step further, it even appears that cats, with no available boxes at hand, will choose to sit in a taped representation on the floor or carpet of a box. It certainly is not a perfect substitute for the real thing, but it does represent to them, a smaller space which corresponds to their diminished stature.

And there you have it! To make your cat happy, all you have to do is provide a box or basket for them to snuggle in. My mom lines them with towels which can be regularly washed, so that the area is always fresh and clean! (Nicholas Dodman, “Your cat loves hopping into boxes. Here’s why.”

The Washington Post, Health and Science section, April 22, 2017; Originally published on theconversation.com.)

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Hook Law Center encourages you to share this newsletter with anyone who is interested in issues pertaining to the elderly, the disabled and their advocates. The information in this newsletter may be copied and distributed, without charge and without permission, but with appropriate citation to Hook Law Center, P.C. If you are interested in a free subscription to the Hook Law Center News, then please telephone us at 757-399-7506, e-mail us at mail@hooklawcenter.com or fax us at 757-397-1267.The post Virginia’s New Access to Digital Assets Act first appeared on SEONewsWire.net.]]> http://www.seonewswire.net/2017/05/florida-family-wins-33-8-million-medical-malpractice-award-in-brain-injury-case/ Mon, 22 May 2017 17:00:03 +0000 http://www.seonewswire.net/2017/05/florida-family-wins-33-8-million-medical-malpractice-award-in-brain-injury-case/ A Florida family was awarded $33.8 million in a medical malpractice lawsuit after a judge ruled that a baby’s irreversible brain damage was caused by the decisions of a federally employed doctor. The baby’s mother was a patient at Jessie…

A new study has found that adults with PTSD are at a higher risk of suffering a broad range of health conditions such as gastrointestinal problems, sleep disorders and cardiovascular disease, among others. Those with PTSD are four times more likely to have a stroke or a heart attack. They also have a two times greater risk of experiencing stomach ulcers and sleep problems.

The findings, published in the Medical Journal of Australia, urge doctors to reclassify PTSD as a “systemic condition” rather than just a mental health problem. Gallipoli Medical Research Foundation CEO Miriam Dwyer said PTSD is not simply a “wound of the mind.” It affects the whole body.

Researchers studied around 300 Vietnam War veterans between the ages of 60 and 88. Dwyer said they found a broad range of health conditions among the veterans, who reflected “a sense of just poor wellbeing” due to their PTSD.

The researchers urged health care professionals to be aware of the physical conditions linked to PTSD. Taking an integrated approach directed at both the mental and physical health of PTSD patients would help improve treatment for the condition.

On May 4, Congress approved legislation to repeal and replace major parts of the Affordable Care Act (ACA). The latest version of the American Health Care Act (AHCA) rolls back the expansion of Medicaid and allows states to opt out of covering patients with pre-existing conditions. The bill now faces uncertainty in the Senate. The proposed AHCA would end Medicaid’s status as an open-ended…

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The lawsuit claims that Stampede did not meet minimum volume obligations on the BridgeTex pipeline from March 2015 through 2016, breaching its contract. The BridgeTex pipeline carries around 300,000 barrels per day from Colorado City, Texas to the Gulf Coast. Stampede is a privately held midstream operator.

From mid-2014 to early 2016, oil prices dropped by more than 70 percent, prompting production cuts and leading several energy firms to declare bankruptcy. Pipelines function like toll roads, so they are generally considered to be better protected from commodity price fluctuations, but with fewer barrels to ship, pipelines have been affected by output declines.

An amended petition filed March 22 claimed that Stampede owed the plaintiffs over $311.8 million, including interest and late fees, for breaching its shipping obligations. The BridgeTex firms also filed a claim against Ballengee Interests, which guaranteed payments owed by Stampede.

According to court documents, Stampede agreed in August 2014 to ship 30,000 barrels per day of crude and condensate on BridgeTex, which is about 10 percent of the pipeline’s capacity. Court filings state that Stampede executed a Transportation Service Agreement calling for the company to ship on the pipeline for 29 quarters.

Gregory D. Jordan is an Oil and Gas lawyer in Austin. To learn more, visit http://www.theaustintriallawyer.com or call 512-419-0684.

When the baby was born in 2014, her blood tests indicated high bilirubin levels. There were no further tests done and the hospital did not administer phototherapy lights to treat the baby’s jaundice, the required steps for treatment. Jaundice is an indicator of high levels of bilirubin and if it is ignored it penetrates a newborn’s blood brain barrier, causing brain damage.

Due to the untreated jaundice, the baby suffered developmental delays and is unable to walk without help. The now two-year-old requires 24-hour care for the rest of her life. The parents filed a medical negligence lawsuit against the hospital and the physician in charge of the delivery, alleging they did not follow national patient safety guidelines relating to newborn jaundice.

According to expert witness testimony, the child’s bilirubin levels were examined when she was less than two hours old. However, the results were compared to what an acceptable level would be for a two-day-old child. The brain damage resulting from the untreated bilirubin levels is considered a mistake that was preventable, according to the National Quality Forum.

The jury found the doctor to be 85 percent liable for the damages and the hospital to be 15 percent liable.

Medical negligence lawsuits take many months and sometimes years to be resolved. In the meantime, families will often struggle to pay their monthly financial obligations, prior medical bills and ongoing medical expenses. By contacting an experienced medical malpractice attorney, families are able to seek lawsuit funding for financial assistance to allow them to wait for a settlement or court verdict for the full and fair value of the case.

Most plaintiffs find lawsuit funding, also referred to as pre-settlement funding, to be a lifeline while waiting for their lawsuit to be resolved. A “lawsuit loan” offers victims the strategic advantage of having cash-on-hand to wait for a reasonable offer.

An application for pre-settlement funding may be handled over the phone or online. It only takes five minutes to get that done and there are no credit checks, monthly payments or upfront fees. Lawsuit funding is a no-risk quick cash advance and can mean the difference between an equitable settlement and a low-ball mediocre one.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit http://www.litigationfundingcorp.com/.

The CRS report comes at a time when the Trump administration has threatened to withhold federal funds from jurisdictions that continue sanctuary policies. These jurisdictions must now consider what is at stake, complicated by the lack of an accepted definition of a sanctuary city. Some police chiefs and mayors have stated that they comply fully with federal law, and simply direct their law enforcement officers not to perform the duties of federal immigration authorities.

According to the CRS report, there is no formal definition of a sanctuary jurisdiction, but such policies generally fall into three categories. They “don’t ask”, “don’t tell,” and “don’t enforce,” which bars local police from asking a person about their immigration status, sharing certain information with federal immigration authorities and providing those authorities with assistance.

The Supreme Court’s 2012 ruling in Arizona v. United States reaffirmed that the federal government has “broad, undoubted power” over the status of aliens and the subject of immigration. While the Supremacy Clause of the U.S. Constitution means that Congress can preempt state law, the Supreme Court has cautioned that not every state or local enactment dealing with immigration is per se preempted by the federal government’s exclusive power over immigration.

The policies of sanctuary cities grew out of a movement in the 1980s of church groups that provided refuge or sanctuary to undocumented immigrants from Central America fleeing political violence. Major cities such as New York and Chicago now have sanctuary policies.

The CRS report also addressed the Executive Order 13768, signed by President Trump on January 25, 2017. The order seeks to encourage state and local cooperation with federal immigration enforcement and disincentivize sanctuary policies. It instructs the Secretary of Homeland Security and the Attorney General to ensure that sanctuary jurisdictions are not eligible to receive federal grants. Two California entities have filed suit seeking to halt the implementation of the executive order, on the ground that it violates the Tenth Amendment, which prohibits the federal government from “commandeering” state or local police forces to enforce federal law.

New York police uncovered a large credit card fraud and identity theft ring in Queens that is thought to have affected hundreds of thousands of victims. They arrested 30 people in connection with the scheme and named them in two indictments comprising 662 criminal counts.

According to prosecutors, the ring stole personal information amounting to over $3.5 million in losses to individuals, businesses and financial institutions. It operated from April 2015 to January this year. Authorities also closed four mills in Queens that were used to manufacture fake credit cards and other forged documents.

Investigators said that Muhammad Rana, 40, was the leader of the identity theft ring. Rana and his assistant Inderjeet Singh, 24, allegedly employed Ranvie Seepersad, 25. Seepersad worked at a car dealership where he stole personal data from his own clients along with other victims. He obtained names, birthdates, addresses, social security numbers and financial records.

Other members of the ring used the stolen information to produce fake debit or credit cards. They also posed as the victims to make high-end purchases or request lines of credit from banks. In addition, the group employed shoppers to purchase expensive items from various retailers, which would later be resold by Rana himself or other middlemen.

In one week alone, law enforcement agents executed 24 search warrants at the suspects’ homes. They seized over $400,000 in cash, five vehicles, gold coins and bars, blank credit cards, card readers and skimmers, fake IDs and files with victims’ personal information.

The defendants face multiple charges including criminal possession of a forged instrument, criminal possession of stolen property, falsifying business records, identity theft, forgery, conspiracy, petit larceny and grand larceny, among others. Convictions are likely to result in lengthy prison sentences.

In a recent auto accident lawsuit, the plaintiff alleges that in February 2016, he suffered bodily injury, disability, disfigurement, mental anguish, incurred medical expenses and loss of earnings, as a result of driver negligence. He had underinsured motorist benefits on his insurance policy, but the insurance company failed to pay the claim. In order to seek justice, he hired an attorney and filed a lawsuit.

The plaintiff requests a trial by jury and seeks judgment against the driver, the owner of the vehicle, and his insurance company for an undisclosed amount in damages.

Litigation Funding Corporation understands the importance of quickly meeting the financial needs of injured victims. With our litigation funding services, we can help plaintiffs make the mortgage payments, car payments, cover the rent or utilities, and even put food on the table. All that is needed to be eligible for a lawsuit cash advance is a strong case and attorney representation. Once we receive a request for funding and applicable documentation, a decision is usually made within 24 – 48 hours. There are no credit checks, employment verification, or monthly payments. Best of all, the cash advance is on a non-recourse basis meaning that repayment is only made if, and when, the case is successful settled. If the client loses, the cash advance is waived in its entirety.

If you are involved in a lawsuit and your ability to work is affected, the longer your case lasts, the more difficult it becomes to pay the everyday bills. Don’t settle for less just because you are in desperate need of money. Litigation Funding Corporation may be able to help you get back on your feet and avoid a financial disaster such as foreclosure, eviction, bankruptcy, and ruined credit.

Litigation Funding Corporation is one of a few legal funding companies where funding comes from our own resources. We never broker out, which means optimal privacy and confidentiality to you. Call us today to discuss funding options available for your case.

The story centers on the relationship between Uber and Waymo, the driverless car company spun off from Google.

According to Waymo, Anthony Levandowski, a former Waymo engineer, downloaded thousands of confidential files before leaving Waymo.  Levandowski is alleged to have then set up his own companies based on this technology, which he eventually sold to Uber for $680 million.  Levandowski and Uber were alleged to have planned the purchase of these companies even before Levandowski left Waymo.

Naturally, Waymo sued Uber and Levandowski, and yesterday a judge found that there was evidence to support the allegations.  As a result, the  Court ruled that Levandowski can’t work for Uber on the system related to the stolen information and that Uber can’t use the material and must return all the material to Waymo.  Last week, the judge apparently referred the case to federal prosecutors, certainly not a good indicator for Levandowski or Uber.

It will be interesting to see how the ruling affects these competitors, who have been racing each other to develop their driverless cars.

For all your Immigration needs contact Banerjee & Associates

Guardianships: When an individual lacks the requisite capacity to make the complex decisions associated required in bringing litigation, we are often called upon to bring a guardianship. In most cases, such causes of action are necessary to ensure that there is a proper fiduciary is empowered to bring the cause of action because the individual does not have an effective estate plan. In other cases; however, the personal injury may want the judicial determination of incapacity to streamline the decision making process.

Trusts: We most often called upon to draft settlement trusts to protect the hard-earned settlements or awards received by a client. In some cases, we draft these trusts prior to a trial in preparation for the final disposition, and in other cases, we are called upon on the back-end to resolve lingering issues. With few exceptions, trusts should be the preferred vehicles for settlement funds for children or individuals with disabilities because of greater flexibility and protections for the individual beneficiaries. Important protections offered with a settlement trust include:

• Protection of means-tested public benefits such as Supplemental Security Income (SSI), Medicaid, Section 8, and Food Stamps
• Resolving Medicare issues such as liens and set-asides
• Professional management of assets and spendthrift protections

Medicare Issues: The Medicare manual is complex, and the intricacies involved with Medicare’s status, as a “secondary payer” can be difficult to navigate. If you take into account the steep penalties associated for failing to address Medicare’s right to recover conditional payments or a future interest, having a second set of eyes becomes even more important. We are often asked to opine as to whether Medicare has a valid lien against settlement proceeds or if a set-aside is required.

Medicaid Issues: We are sometimes called upon to prevent the impoverishment of a family due to skilled-nursing required by an individual that has fallen victim to a catastrophic injury. We are most often called, however, to protect benefits that are already in place. While a minor may have Medicaid as a basic health insurance policy that can easily be substituted by purchasing private insurance, Medicaid benefits for the elderly or disabled will likely need much more protection due to more intensive care needs. This is especially true when an individual is receiving one of Virginia coveted ID/DD waivers, for which the waiting list is years long.

Bringing an elder law attorney in early becomes a critical component of settlement or trial preparation and often prevents delays associated with back-end tackling of issues. By being involved, an elder law attorney can assist with lining up allocations for Medicare and Medicaid, preparing Medicare Set-Asides, and drafting settlement trusts, settlement agreements, releases and orders to protect benefits and limit liabilities.

Hook Law Center, P.C. has been actively assisting clients and personal injury attorneys in resolving various elder law issues associated with settlements and awards. Our goal is to be an integral member of a settlement team and maximize the funds received, while protecting the clients and attorneys involved.

Ask Kit Kat – Moose on Isle Royale

Hook Law Center:  Kit Kat, what can you tell us about moose on Isle Royale, Michigan?

Kit Kat:  Well, this is an interesting story. Isle Royale is a national park belonging to Michigan which is located in Lake Superior, close to the Canadian border. It is a large island, 45 miles in length. Hundreds of smaller islands surrounding it are included in the national park. Right now, there is an imbalance in the moose-wolf population. Moose are increasing, while the wolf population is in significant decline. Inbreeding of the wolves have contributed to their decline, with only 2 left—a male and female who are too old to reproduce. Moose, on the other hand, who feed on Balsam fir trees, are thriving. This may sound fine, but it’s really not. If the moose population gets too large (it’s estimated to be around 1,600 currently), they will continue to denude the island of its fir trees. Already, many once forested areas have been turned into grassy plains. A good balance between wolves and moose is what scientists call a predator-prey balance. In the past, when the moose population got too large as it did in the 1990s and reached a number close to 2,500, many moose died of starvation during a severe winter in 1996. There are no easy solutions.

The National Park Service is looking into 4 alternatives to address the problem, one of which is to let the wolves die out. Their preference, however, is to relocate 20-30 wolves to the park over a 3-5 year period. They will make a decision this fall (2017). Mother Nature sometimes gets out of balance. It will be interesting to see how the park service decides to intervene, if at all.

(Associated Press, “As wolves die out, moose numbers boom on Michigan’s Isle Royale,” The Washington Post (Kids Post), April 19, 2017)

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Hook Law Center encourages you to share this newsletter with anyone who is interested in issues pertaining to the elderly, the disabled and their advocates. The information in this newsletter may be copied and distributed, without charge and without permission, but with appropriate citation to Hook Law Center, P.C. If you are interested in a free subscription to the Hook Law Center News, then please telephone us at 757-399-7506, e-mail us at mail@hooklawcenter.com or fax us at 757-397-1267.The post The Role of an Elder Law Attorney in Personal Injury Actions first appeared on SEONewsWire.net.]]> http://www.seonewswire.net/2017/05/crash-with-cta-bus-leaves-four-dead-alcohol-a-possible-cause/ Mon, 15 May 2017 20:52:14 +0000 http://www.seonewswire.net/2017/05/crash-with-cta-bus-leaves-four-dead-alcohol-a-possible-cause/ Four people died as a result of a collision between a vehicle and a Chicago Transit Authority (CTA) bus. Police said the 27-year-old driver of a Buick LeSabre was speeding when he lost control and hit a parked car before…

EverQuote, an online insurance marketplace, collected data from 2.7 million car trips over 230 million miles, through its EverDrive app, which promotes safe driving habits. The app helps users monitor their own speeding and cell phone use while driving. Distracted driving is a major cause of car accidents.

The company said that users of the app use their phones on 38 percent of trips, and exceed the speed limit on 36 percent of them. These numbers may underreport the actual rates of distracted driving and speeding, because people who use the app may be more safety conscious, and they know their speed and cell phone use are being tracked.

The study found that Northeastern drivers speed the most, Midwesterners are the safest drivers overall, and Southern drivers use their cell phones the most while driving. Florida drivers used cell phones on a higher percentage of car trips than in any other state except Louisiana. Drivers in Georgia, Alabama, Tennessee and South Carolina also used their phones while driving more often than drivers in the rest of the country.

Some of the regional differences may be due to variation in laws regarding cell phone use while driving. Few Southern states have an outright ban on the use of handheld devices while driving. In Florida, texting while driving is prohibited, but it is a secondary offense, which means that an officer must observe drivers break some other law, such as exceeding the speed limit, before they can stop them for texting while driving.

Overall, EverQuote found that 92 percent of U.S. drivers use cell phones while behind the wheel at least some of the time.

If you need to speak with a auto accident lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

Please note that it is extremely important to maintain your non immigrant status. You can continue in your F-1 or H-4 visas. You may extend your OPT for the allotted time

If you (or your spouse) are not born in India or China and you have time left on your OPT, the Employer has the option to jump straight into the PERM-Labor Certification and Green Card (Permanent Resident Card) process. You might not need to change status, and might get the Green Card (Permanent Resident Card).

If you want to work, an H-3 Trainee visa may be possible. But your job needs to provide details of such training, including course materials. This is better if your job already has a training program on hand

Many nationalities (except Indians) can have a E treaty visa. If you are a Canadian or Mexican Citizen, a TN is possible. Other non immigrant categories like L, or O might be possible.

Also note an academic institution of higher education, (like a college) or a non profit research organization can sponsor you on an H-1B visa any time because they are not subject to the cap.

You can still file the H-1B next year.

For more information, call Banerjee & Associates

My University of Texas football team hasn’t been on the cutting edge of winning the last few years (and we’re hoping that’s changing), but we are on the cutting edge of trying to protect players from brain injuries.

It’s no secret that an increasingly difficulty issue in football is the rise (or at least heightened awareness of) brain injuries suffered by players.  There are some things that can be done, such as teaching proper technique and making sure that helmets are state of the art, but until now, what a school or coach can do to protect kids has been largely limited.

Now however, Riddell and Texas are taking a big step towards safety by including monitoring devices in players’ helmets.  Starting this year, all University of Texas players’ helmets will have sensors that send signals to the trainers’ hand held devices when the player sustains a significant hit in the head.  The trainer can then monitor the player and look for signs of a concussion or head injury.  Texas will be the first Power 5 school to provide this technology to every player.

This is important.  While concussions are bad, one of the biggest risks in sports is known as second impact syndrome.  Second impact syndrome occurs when a player sustains a significant blow before the brain has healed from the original concussion.  The second impact, which can occur minutes, days or weeks after the first concussion, typically causes much more severe problems than the original impact.    While some concussions are obvious, some people don’t show signs of symptoms until hours or even days after the event.  Thus, the ability to monitor the impact of a hit in real time, will make it much easier to look for problems in real time, minimizing the risk of second impact syndrome.

Now, if we can only find some technology to help us find a few more wins each year…..

By: Amy C. O’Hara, Esq., Littman Krooks LLP

In order to ensure your existing estate plan meets your objectives, it is imperative that it be reviewed at least every 3-5 years and updated when needed.  Here are some issues that might necessitate updating your estate plan:

• You want to avoid probate;
• You or a beneficiary become disabled or have a long-term illness;
• Death of a beneficiary;
• Marriage,…

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“Overcharging VA depletes funds that are available to care for our veterans,” said Mark Myers, director of the VA Healthcare Resources Division. “We will continue to hold companies accountable for errors in drug pricing.”

Pennsylvania-based Sanofi-Pasteur, the vaccine unit of drug maker Sanofi, overcharged the VA for two medications from 2002 to 2011. According to the Department of Justice, the error occurred after the company incorrectly calculated the federal ceiling cost, or maximum amount, for covered drugs. Under the Veterans Health Care Act, drug manufacturers are not allowed to charge the VA in excess of the ceiling price for medications.

In 2012, Sanofi Pasteur voluntarily notified the VA about the accounting errors after learning that it had incorrectly calculated the price for several drugs between 2007 and 2012. The VA’s Office of Inspector General launched a subsequent investigation in which it discovered the overcharges actually dated back to 2002.

Sanofi Pasteur released a statement saying it had fully cooperated with investigators and “negotiated in good faith with the government.” The drug maker also agreed not to seek reimbursement for miscalculations that caused the company to undercharge the VA.

A Bronx man was arrested for killing an emergency medical technician after running her over with her own ambulance, according to the New York Police Department. He now faces murder and manslaughter charges.

Jose Gonzalez, 25, was charged with two counts of first-degree murder, two counts of second-degree murder, first-degree manslaughter and first-degree robbery in the death of Yadira Arroyo, a 14-year EMS veteran. He pleaded not guilty to all the charges during an appearance in the Bronx Supreme Court.

Prosecutors accused Gonzalez of riding on the back of Arroyo’s ambulance as it was heading to the Bronx in response to a call. Authorities said a passing driver flagged her down. When Arroyo, 44, and her partner exited the ambulance to investigate what was happening, Gonzalez allegedly jumped into the driver’s side of the vehicle.

He then put the ambulance in reverse and slammed it into Arroyo and her partner, who suffered minor injuries. Gonzalez then accelerated forward, dragging Arroyo into the middle of an intersection. The vehicle stopped after crashing into parked cars. Both EMTs were rushed to the hospital, where Arroyo later died.

Gonzalez has an extensive criminal record comprising 31 prior arrests and four misdemeanors. His attorney claimed he suffers from mental illness. He was placed at the hospital until his court appearance due to concerns about his physical and mental health. According to court documents, Gonzalez’s toxicology tests came out positive for PCP and marijuana.

While being taken to a car after leaving a police station, Gonzalez said, “I’m innocent. I didn’t do nothing” He is scheduled for another court appearance in August.

Individuals facing murder charges need an aggressive lawyer who can handle the complexities and pressure of such cases. The attorneys at Brill Legal Group have the knowledge and experience necessary to build a strong defense against murder and manslaughter charges.

Waiting for a personal injury case to settle can be very difficult financially and mentally. Injuries may prevent the victim from earning a living and support a family. A financially desperate plaintiff is not in a favorable position regarding settlement negotiations; this person will often settle for too little, too soon. Litigation funding helps plaintiffs take care of financial obligations while giving their attorney the time needed to seek appropriate justice.

A Missouri man recently filed an auto accident lawsuit against a commercial trucking company alleging negligence.
According to the complaint, the plaintiff alleges that in September 2015, he was traveling in a Dodge Ram pick-up truck when he collided with a semi-truck. The pick-up was heavily damaged and had to be towed from the scene.

The plaintiff alleges that the cause of the crash was because the semi driver failed to reduce speed, failed to yield the right-of-way, and failed to keep a proper lookout. The suit also claims that the trucking company failed provide adequate training and failed to obey the Federal Motor Carrier Safety Regulations, Illinois law, safe trucking industry standards and safe commercial truck driving rules.

As a result of the crash, the plaintiff claims he suffered physical injuries and incurred expenses in excess of $60,485.02. He requests a trial by jury and seeks judgment for a sum in excess of $100,000.

During the litigation process, the plaintiff’s attorney must prove the driver of the tractor trailer was negligent at the time of the accident. This could take months, even years. Without sufficient savings, the plaintiff may have a hard time paying medical expenses, the mortgage/rent, or even put food on the table. For someone with pressing financial needs, waiting is not an option. As long as the case is strong and the plaintiff has attorney representation, litigation funding is usually a viable solution.

Litigation Funding Corporation makes the application and approval process quick and easy. Funding decisions have nothing to do with one’s credit history or employment status, and there are no out-of-pocket fees. Once we receive a lawsuit cash advance request, we will work with the plaintiff’s attorney to review case documents and determine the amount we can advance. This typically takes place in less than 48 hours. . Furthermore, litigation funding is provided on a non-recourse basis, so nothing is paid back until a settlement is reached. If, for some reason, the case is unsuccessful, the repayment is completely waived.

If you are injured in a tractor trailer accident, and struggling financially, do not resolve your case for less than full value because of pressing financial needs. Let Litigation Funding Corporation help remove the financial pressure and gives you and your attorney the time needed to fully pursue your case. Apply online or contact us for a free evaluation of your funding situation.

Traditionally, we have encouraged clients who see a realistic probability of needing to plan for not only the incapacity of a spouse who may survive them but also for the possibility that such spouse would be using public benefits at the time to consider the creation of a supplemental needs trust (“SNT”) in the Will of the first to die. However, because the surviving spouse has the right to receive an elective share outright, there has always been the concern that the failure to exercise that right created a transfer which would be attract a penalty for Medicaid purposes or, at the very least, would result in a Medicaid payback at the death of the surviving spouse. The new statute has created some alternatives.

The new statute provides that, if the surviving spouse is incapacitated at the death of the first spouse or within the time required for making the election for the elective share, then a conservator or an agent under a durable power of attorney may make the election for the survivor. In that case, the court is required to put the amount of the elective share in a trust for the benefit of the survivor. The trust as described in the statute both protects the survivor’s eligibility for public benefits and allows the assets remaining at the survivor’s death to pass to the beneficiaries chosen by the deceased spouse (typically children). Because the elective share amount is required to be placed in trust by the court, the surviving spouse cannot be considered to have made a transfer to which Medicaid could lay claim.

The statute further provides that if the surviving spouse is not incapacitated within the time required for making the election for the elective share, then assets placed in a trust with certain provisions will qualify for the elective share amount. Again, in this situation, because the elective share amount cannot be deemed to have been transferred by the survivor, Medicaid can make no claim on the assets held in the trust. However, in order to meet the requirements, the surviving spouse must be entitled to all the income of the trust for life and to principal in the discretion of a non-adverse trustee. This means that the income generated by the trust may be used to help pay for the survivor’s care. Careful financial planning can limit the amount of income available to be used for care and to ensure that public benefits remain available to the survivor.

By carefully thinking through the contingencies that could arise on the death of the first spouse, depending on the capacity of the surviving spouse, we can create multiple trusts that maximize the protection of assets for the survivor and his or her access to public benefits. This may result in the creation of multiple trusts on the death of the first spouse to die – one to hold the augmented estate share and one to hold the balance of the assets, probably in an SNT. In addition, if the surviving spouse is incapacitated at or near the death of the first to die, the survivor’s agent under a durable power of attorney will need to file certain papers with the court in a timely manner. However, the added complexity is worth it when you consider the additional protection available for both the surviving spouse and the remainder beneficiaries.

The changes in the elective share statute will affect almost all of our married clients. Your current documents may contain trusts created to accommodate the old rules or you may not yet have considered whether you need to worry about long-term care public benefits for the survivor of you. In either event, changing laws highlight the need for regularly checking in with your estate planning attorneys at the Hook Law Center to determine whether your plan should be updated. Please give us a call to arrange an appointment for one of our knowledgeable attorneys to review your plan and discuss how the changes in the law may affect you.

Ask Kit Kat – Dogs’ Duty

Hook Law Center:  Kit Kat, what can you tell us about our faithful friends, dogs, and how they help science?

Kit Kat:  Well, dogs have always been helpful to mankind in a myriad of ways. They serve on police forces, help the military, guard residences, and are beloved family pets. However, in New York City, they are helping in a different way. Scientists there are studying their fecal waste, or in common parlance, their poop! What could that possibly tell us, you might ask? Well, it turns out a lot! An animal feces study, funded by the Alfred P. Sloan Foundation, is trying to examine the microbial life of New York City’s pets and pests. Not only is dogs’ waste being collected, but they are also collecting fecal samples from cats, rats, mice, pigeons, and cockroaches. The specimens must be fresh (no more than a day old), so the scientists and their assistants wander through the city’s five boroughs collecting. In the case of dogs, if they find the owner nearby, they get the owner to sign a form with certain information, along with the fecal sample. They are expending a lot of effort—rats and mice are trapped, and the posteriors of live pigeons are swabbed. Cat waste comes from shelters, feral cats, and pet felines. In early May, they will extract DNA from the samples, and determine if any patterns emerge.

The study is a collaborative effort with scientists from New York University and Fordham University participating. Dr. Jane Carlton, director of NYU’s Center for Genomics and Systems Biology and lead scientist in the study, says, ‘Characterizing the world around us is very important, especially the microbial world we can’t see.’ They will be comparing information they obtain from different parts of the city, and across species. Are there geographical differences, differences among the species, or does diet and age play a role? Stay tuned for the results of this fascinating undertaking! (Andy Newman, “Dogs Do Their Duty for Science,” The New York Times, (NY Region, Pet City section), April 7, 2017)

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Hook Law Center encourages you to share this newsletter with anyone who is interested in issues pertaining to the elderly, the disabled and their advocates. The information in this newsletter may be copied and distributed, without charge and without permission, but with appropriate citation to Hook Law Center, P.C. If you are interested in a free subscription to the Hook Law Center News, then please telephone us at 757-399-7506, e-mail us at mail@hooklawcenter.com or fax us at 757-397-1267.The post The New Elective Share Law Adds a Layer of Complexity for Planning for Long-Term Care first appeared on SEONewsWire.net.]]> http://www.seonewswire.net/2017/05/begley-law-group-to-sponsor-childrens-cancer-charity-walk-and-run/ Sat, 06 May 2017 00:08:41 +0000 http://www.seonewswire.net/2017/05/begley-law-group-to-sponsor-childrens-cancer-charity-walk-and-run/ Begley Law Group is proud to be a sponsor of the Join Hands 5K and Family Mile coming to Ridgefield Park, NJ on June 25th.  Benefiting the Tomorrows Children’s Fund, this event will help families of children with cancer and…

Recently,  I came across a study that really quantifies the problem I discussed.

The study, primarily led by several doctors from the University of Washington, was laid out in an article entitled Accuracy of Mild Traumatic Brain Injury Diagnosis, which was published in the August 2008 issue of the Archives of Physical Medical Rehabilitation.

The article starts by noting:

Accurate identification and diagnosis of a mild TBI is the first step toward providing clinical care.

Unfortunately, despite the accurate diagnosis of a brain injury being so important, the study found that emergency rooms are not very good at making the diagnoses.

The study looked at 197 patients who had been to emergency rooms.  They looked at medical records, and in some cases interviewed the patients, to determine whether they patients had a brain injury, as defined by the Centers for Disease Control mild Traumatic Brain Injury work group.  The researchers then took those patients who were diagnosed with a brain injury and looked at the patients’ emergency room records to see what was diagnosed in the emergency room.

The results were startling.

The emergency room doctors failed to make a diagnoses of a head injury or concussion in 56% of the patients who were later determined to have a brain injury.

That’s a stunning number.

There are some things that can help improve the accuracy of the emergency department physicians.  If the patient complained in the emergency room about confusion, feeling dazed, or having memory problems, then the diagnoses was more accurate.  However, even with those findings, the emergency department still missed the diagnoses on 37% of the patients.  That’s still a substantial number of patients who have a brain injury that doctors are missing.

Oddly, the emergency room physicians’ diagnoses weren’t dramatically better even when the patient reported a loss of consciousness — which should be a red flag.  The doctors still failed to make the proper diagnoses of a head injury in about 50% of the patients who had told the doctors that they had lost consciousness.

This means that you have to be diligent about noticing symptoms.  I’ve repeatedly written that misdiagnoses is a problem and that the best way to find the problem and to get proper treatment for the problem is for someone close to the person to look for symptoms.

To learn more details about potential symptoms, you can read our other articles:

• What are the effects of a brain injury?
• Brain Injury Symptoms: Emotional and Behavioral Symptoms
• Brain Injury Symptoms: Pain Disorders
• Brain Injury Symptoms: Speech and Language Problems
• Brain Injury Symptoms: Neurological Disorders (Seizures, movement, fatigue, etc)
• Brain Injury Symptoms: Balance, Dizziness, Smelling, Hearing & Sight

If you or a loved one has sustained a brain injury in an accident, please call us at (512)476-4944 and we’d be happy to see if we can help.

Seniors who own their own home in New York City and need help paying for repairs may qualify for the Senior Citizen Home Assistance Program (SCHAP).

The SCHAP program is administered by the city’s Department of Housing Preservation and Development (HPD), in partnership with the Parodneck Foundation. Qualifying low- and moderate-income seniors can receive low-interest repayment loans or deferred…

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By Marion M. Walsh, Esq. The United States House of Representatives, by a vote of 217 to 213, on May 4, 2017, approved legislation—called the American Health Care Act–to repeal aspects of the Affordable Care Act and replace them.   The House bill must still pass the Senate to become law.  If approved, the new legislation will impact every American citizen, particularly those who have not had…

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By Marion M. Walsh, Esq.

The United States House of Representatives, by a vote of 217 to 213, on May 4, 2017, approved legislation—called the American Health Care Act–to repeal aspects of the Affordable Care Act and replace them.   The House bill must still pass the Senate to become law.  If approved, the new legislation will impact every American citizen, particularly those who have not had insurance before, those who have pre-existing conditions and those who rely on Medicaid.  According to The New York Times, the House bill would eliminate tax penalties for people who go without health insurance. The bill would roll back state-by-state expansions of Medicaid, which covers millions of low-income Americans.  The Congressional Budget Office estimated  that the bill would cut Medicaid spending by $880 billion.  School districts will face cuts in funding and children with disabilities could receive less services.

We will keep you apprised on important developments and the changes in law will have a significant impact on vulnerable adults and children with disabilities.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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A Texas man has filed a lawsuit against a cleaning company and one of its employees, alleging their negligence in maintaining a safe work environment led to his injuries.

In April 2015, the plaintiff was supervising four other workers inside a reactor within a refinery when there was a wash down, involving water and other fluids. Shortly thereafter, the plaintiff said he began experiencing extreme pain and discomfort in his left eye. The lawsuit states that as a result of the defendants failure to provide a warning that a wash down was about to occur, the plaintiff suffered physical impairment, medical expenses, and lost wages.

The plaintiff seeks a trial by jury and compensation up to $1 million.

Most industrial accidents are dealt with under the auspices of workers’ compensation law. That’s the general rule of thumb, but there are exceptions. One of those is if the accident was due to negligence, as alleged in this case.

A personal injury lawsuit resulting from an industrial accident is a way to seek compensation for medical expenses, lost wages, and pain and suffering. A lawsuit is also a means to hold a business accountable for negligence.

In cases like this, filing a lawsuit and waiting out the litigation process can take years. If the injured plaintiff is facing cash flow problems, making it difficult to pay the bills, lawsuit funding may be an option.
Lawsuit funding is a non-recourse cash advance based solely on the merits of the lawsuit. Therefore, credit standing and employment status do not matter. Additionally, there are no payments until the case settles. In the event the funded plaintiff loses the case, the repayment is excused.

The application process is quick and easy. If the applicant is approved, the lawsuit cash advance can be available within 24 – 48 hours. The money can be used for whatever the funded client chooses, although it is typically used to pay medical expenses, household bills, mortgage, and other immediate and necessary expenses.

To take advantage of lawsuit funding during your pending personal injury lawsuit, contact the professionals at Litigation Funding Corporation.

The study followed 110 patients who had post-concussive syndrome symptoms for more than three months, and the findings were stunning.  Of those patients, only 27% made a full recovery.  Of the 27% who made a recovery, 67% made a recovery within the first year.  And no one who had symptoms over three years ever made a recovery.

For those groups that didn’t recover, the continuing symptoms (in order of frequency) were:

• Headache
• Difficulty concentrating
• Fatigue
• Dazed/don’t feel right/in a fog
• Pressure in the head
• Sensitivity to light
• Difficulty remembering events
• Neck pain
• Sensitivity to noise
• Depression/sadness
• Insomnia/sleep disturbance
• Irritability
• Anxiety
• Frustration
• Feeling slowed down
• Noise in the ears
• Vision changes
• Lightheadedness
• Imbalance
• More emotional
• Dizziness
• Nausea
• Increased sensitivity to alcohol
• Confusion
• Personality changes
• Vivid dreams
• Numbness
• Vertigo
• Panic attacks
• Disorientation
• Stomach ache
• Loss of appetite
• Slurred speech
• Seizures
• Vomiting

These findings are significant to our brain injury cases.

Most insurance companies argue that brain injuries typically heal themselves and symptoms disappear after six months or a year. The insurance companies use that argument to reduce the value of the claim.

This study refutes that.  If a client has had symptoms lasting more than three months, then this study is evidence that the client will likely never make a full recovery.   Obviously, if an injury is permanent then the value of the case is higher.

The study is also interesting because it has a good list of symptoms of a brain injury.  It’s important for people to know these symptoms to help them recognize when they might have a brain injury.

Another interesting fact was the distribution of the symptoms.  Generally, post concussion syndrome has three classes of symptoms:

1. Cognitive symptoms — affect your thinking
2. Affective symptoms — affect your mood (depression, irritability, etc)
3. Somatic symptoms — separate symptoms (headaches, light sensitivity, etc).

The study found that the persisting symptoms were quite evenly distributed between the three classes of symptoms.

Both seminars will highlight new legislative developments and opportunities: The ABLE Act and the Special Needs Trust Fairness Act. Special needs trusts are crucial planning tools. Michael Gilfix and Mark Gilfix will explain how they work and why they are necessary to create for a child with a disability. They will also discuss housing for disabled individuals, the ABLE Act, the Special Needs Trust Fairness Act and the possible impact of Trump administration initiatives. Seminar attendees will learn how special needs trusts complement public benefits like Supplemental Security Income and Medi-Cal rather than disturbing eligibility for them.

Michael Gilfix and Mark Gilfix have decades of experience in the field of special needs planning. Michael Gilfix is a member of the Academy of the Special Needs Planners and author of the book “Special Needs Trust Creation and Management Guide.”

The seminar is being held with the support of nonprofit organizations including Autism Society San Francisco Bay Area, Community Resources for Independent Living, Jewish Family and Children Services, Pacific Autism Center for Education, Parents Helping Parents and others.

Space is limited, so please reserve a spot as soon as possible. To register, call 650-493-8070 or visit www.Gilfix.com.

13th Annual Special Needs Trust Seminar
Wednesday, May 10, 2017
2pm to 4pm & 6pm to 8pm
Elks Lodge
4249 El Camino Real
Palo Alto, California

Pioneers of Elder Law – For over 30 years, Gilfix & La Poll Associates LLP has innovated creative legal solutions to help you manage and plan the future of your estate.
To contact a special needs planning lawyer visit https://www.gilfix.com/ or call 800.244.9424.

According to preliminary police reports, the driver of the Navigator ran a red light just as the semi was entering the intersection. The Navigator driver was thrown from the vehicle; he was pronounced dead at the scene. Three passengers trapped in the vehicle had to be extricated; they were also pronounced dead at the scene. A female in the far back seat of the Lincoln was taken to an area hospital. Her legs were legs were crushed and she suffered bleeding of the brain.

Was the driver inexperienced? Distracted? Speeding? Under the influence? While authorities are still investigating what caused the crash, families of the victims may wish to consult an auto accident attorney about their legal rights.
When serious injuries or death result from the negligence of another person, a lawsuit can be brought by surviving family members. They may be able to file a claim seeking damages for medical bills, funeral expenses, pain and suffering, loss of companionship, mental anguish, and other damages.

Handling a case like this is not an easy. There are a number of legal issues that arise and because insurance companies are well represented by adjusters and attorneys, it is important for the family to seek and retain an experienced auto accident attorney.

Once an attorney is retained and the lawsuit has been filed, it could be months, but more likely a year or longer until a settlement is reached. In the meantime, the litigation process can put a strain on financial resources. Most of the families have already set up “GoFundMe” accounts to help with funeral and medical expenses. If the families need additional financial support, litigation funding may be an option.

To be eligible for litigation funding, all a plaintiff needs is a strong case and legal representation. There is no need for a credit check or employment verification; funding can be approved within 24 – 48 hours of receiving an application a case documentation. The cash advance can be wired directly into the plaintiff’s bank account or a check sent via overnight mail. There are no monthly fees, no credit checks, and no employment verification.

Litigation funding is provided on a non-recourse basis. This means that there are no payments until the case settles, at which time repayment is made from the proceeds of the case. The obligation to repay the cash advance will be completely excused if the case fails.

Litigation funding is not for everyone. If you are in need a financial assistance during a pending claim, it is important to choose an experienced litigation funding company to guide you appropriately. Litigation Funding Corporation has reviewed thousands of auto accident cases nationwide, and we are happy to discuss funding options available for your case. If you believe that litigation funding is right for you, complete our online application or call our office. We work hard to ensure that every funding application is carefully reviewed and a decision is made within 24 – 48 hours. We are one of only a few legal funding companies where funding comes from our own resources. We never broker out, which means optimal privacy and confidentiality to you. Why delay; call us today!

The support we get from our clients and referral sources allow us to support a number of other good causes both in Austin and around the world.  Today, I thought I would let you know about some of the programs you’re supporting.

1. Friends of Scouting

As some you know, my son is a Boy Scout, and he’s had a number of great experiences through scouting.  He’s been to summer camps in California and Maine, and this year, he and I are going on a 10 day backpacking trip at the Scout mecca, Philmont Scout Ranch in New Mexico.

But we also know that too many kids don’t get those opportunities.  As a result, for the last few years, our firm has made significant donations to Friends of Scouting.  This group helps support Scouting opportunities for low income kids throughout Central Texas.  I hope some of these kids will get the same benefits that my son receives.  You can learn more about Scouting in the Central Texas area by clicking the link here.

2. Justice For Our Neighbors

 Justice For Our Neighbors is a United Methodist Church based non-profit that provides free or low cost legal services on immigration related issues to immigrants.  I was one of three co-founders who helped bring JFON to Austin three years ago.  Since that time, JFON has served numerous clients.  Now, the group specializes in helping unaccompanied minors learn about and exercise their rights.  While I acknowledge that immigration is a bit controversial, as a lawyer, one thing I’m clear about is that rights matter.  When our country grants people rights, the people should be able to exercise those rights.  And that’s what JFON does — helps people exercise their rights.

3. Free Store Austin

The Free Store is another United Methodist related non-profit that I helped start and that you have helped us support.  Like it sounds, it takes items and gives them away to anyone who needs them for free.  But the store is about much more than that. The store creates opportunities for volunteers to meet and get to know people who are very different from the volunteers.  Creating a diverse community is really what this group strives to create.

4. Zoe Helps

Zoe is an international group that helps orphans in Africa and other countries become self-sufficient.  Zoe organizes the orphans into working groups of 60-100 kids.  The organization then trains the kids about health, entrepreneurship, and more.  Zoe also helps the kids choose and start businesses.  About 85% of the kids who complete the three year program are self-sufficient, help support other kids, and are leaders in their communities.  In the last couple of months, Zoe was named one of the 100 most innovative non-profits in the world.

5. Seedling Foundation

The Seedling Foundation is a local non-profit that provides mentors to children whose care-givers are incarcerated.  Mentors meet with the kids once a week to check in the with the kids and to be a consistent, stabilizing force in the kids’ lives.  This is my 10th year to be a mentor through the Seedling Foundation, including my eighth year with my current mentee.  I started mentoring him in Pre-K and have now moved with him up to middle school.  I enjoy the mentoring process and encourage anyone with a little free time to get involved with Seedling.

There are many more things you’re helping us support, but these are some of the biggest.  We hope you’ll continue to think of us and refer your friends and family members so we can continue to do this good work together.

Thanks,

Brooks Schuelke

Given the basic nature of the administration’s proposals, there is a lack of clarity with regard to what changes will be made to available income tax deductions and credits. A major piece of the proposal is simplifying the tax brackets to three rates of 10%, 25%, and 35%; unfortunately, it is unclear where those rates would fall. The proposal only specifically saves the charitable and mortgage interest deductions, which are two of the most widely claimed. Losing other deductions would not concern most low and middle income taxpayers, because the standard deduction would be more than doubled.

As an elder attorney, I am seriously concerned for the potential loss of the medical expense deduction. Loss of the medical expense deduction would increase the significant financial burden for those in long-term care or chronic illness, which impacts people of all income levels. Such expenses are only increasing, and the tax credit offers much-needed relief to taxpayers in the middle and lower income categories. When over half of U.S. bankruptcies arise from medical bills, eliminating this deduction would seem unwarranted.

The proposal seeks to eliminate the so-called “Death Taxes” which only impacts those passing with wealth exceeding $5.5 Million (single individuals) or $11 Million if a married couple maximizes their credit. If the implemented measures add elimination of gift taxes to the proposal, it would truly be a rare opportunity for wealth transfers with minimal taxes. This is primarily because an estate tax has been around for over a century now and, while it may go away temporarily, there is a decent chance it would return. Accordingly, only those who pass while the estate tax is gone would reap a benefit. On the other hand, individuals can easily plan to take advantage of changes in the gift tax during their life.

All told, the U.S. tax system is notoriously complex and riddled with deductions, credits, and other various measures that both add to the complexity of the system and offer advantages to certain individuals and businesses. The proposal put forth by the administration illustrates a desire to significantly reduce the complexity of the tax code, but risks oversimplification. The proposed points are certainly not set in stone and would need much refining in order to become coherent policy. However, the prospect of a losing deductions for health-related expenses creates legitimate concern. When combined with rising health care costs and the potential for increased uncertainty if the Affordable Care Act is repealed, the economic outlook for the low or middle-income elderly could become dire. If you have not planned ahead for significant medical costs or unexpected incapacity, these proposed changes offer yet another reason to consult an estate planning attorney specializing in elder law.

Ask Kit Kat – Komodo Dragon Babies

Hook Law Center:  Kit Kat, what can you tell us about two Komodo dragon babies at the Virginia Aquarium & Marine Science Center in Virginia Beach?

Kit Kat:  Well, this story has several interesting twists and turns. The babies were hatched from eggs this past August (2016); however, their gender was revealed only recently. They have to be old enough to undergo a blood test for that to happen, and the blood test only occurred on April 13, 2017. The test revealed they are both males, and the museum went about announcing this in a fun way. They had the dad dragon, Teman, kick over some giant, blue plastic eggs in his exhibit using some incentives. The mother, Jude, unfortunately, did not live to see her babies hatch. She underwent surgery last summer to correct a condition known as egg-yolk coelomitis. There were complications, and she had to be euthanized last July. She was almost 9 years old at the time.

Now for the interesting part—staff at the museum were not even aware she had left behind some eggs until they were cleaning the exhibit area, and they discovered 18 eggs buried about two feet beneath the surface. Two of the eggs hatched, and now 8 months later, they are about 3 feet long! Eventually, they will end up being 7-8 feet long. The parents, Teman and Jude, were on loan from zoos in Denver and San Antonio. One of the babies will stay in Virginia Beach, and one will eventually go to San Antonio.

The as-of-yet unnamed babies live separately at this point in an area kept to a toasty 90 degrees, but a new exhibit area is being prepared for them which should be ready by late this summer. The museum is welcoming input to pick their names, so if you’d like to make a suggestion, go to their Facebook page. They are unique. In North America, there are only 123 Komodo dragons spread across 60 facilities. Virginia Beach is fortunate to have 4—Teman, the 2 babies, and another male named Sanchez! (Robyn Sidersky, “Two Komodo Dragon Babies,” The Virginian-Pilot, April 14, 2017, p. 3)

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Hook Law Center encourages you to share this newsletter with anyone who is interested in issues pertaining to the elderly, the disabled and their advocates. The information in this newsletter may be copied and distributed, without charge and without permission, but with appropriate citation to Hook Law Center, P.C. If you are interested in a free subscription to the Hook Law Center News, then please telephone us at 757-399-7506, e-mail us at mail@hooklawcenter.com or fax us at 757-397-1267.The post Are the New Proposed Tax Cuts Something You Should Be Concerned About? first appeared on SEONewsWire.net.]]> http://www.seonewswire.net/2017/04/illinois-firefighter-claims-workers-compensation-for-ptsd/ Sun, 30 Apr 2017 19:26:12 +0000 http://www.seonewswire.net/2017/04/illinois-firefighter-claims-workers-compensation-for-ptsd/ On this episode of Chicago Injury Alert, we look at how a firefighter claimed workers’ compensation for suffering post-traumatic stress disorder or PTSD.

The second way is by immigrant visa. By nature, the foreigner does intend to remain in the U.S. and at the very least, strive to become a permanent resident.

Family-based immigrant visas are always accompanied by the filing of an I-130. Employment-based immigrant visa are always accompanied by the filing of an I-140. The remainder of this article will discuss the basics of an I-140.

A I-140 is a form to petition the U.S. Citizenship and Immigration Services (USCIS) to make a determination that a foreign alien qualifies for an employment-based immigrant visa. It can be filed alone or with another employment-based visa (assuming a visa number is available, depending on that alien’s country of origination).

For I-140, there are two broad categories: Extraordinary-based (EB) and PERM (Program Electronic Management Review System). PERM allows employers to sponsor employees for permanent residency by demonstrating that a particular job opening cannot be fulfilled by a U.S. worker at a preset prevailing wage approved by the Department of Labor. EB-1 petitions are not PERM-based. EB-2 can be either PERM-based or National Interest Waivers. EB-3 petitions are all PERM-based. These examples include:
EB-1(1) – Self-petitions of extraordinary ability, or an outstanding professor/researcher);
EB-1(2) – University-sponsored, non-profit-sponsored, or for-profit sponsors of outstanding professors/researchers. University-sponsored professors must be tenured or on tenure-track;
EB-1(3) – L-1A conversions to I-140

EB-2 – PERM with Master’s degree or Bachelor’s degree + 5 years of experience minimum; National Interest Waivers;

EB-3 – PERM with Bachelor’s degree and no experience, or PERM with Associates’s degree + 2-3 years experience minimum.

There are two requirements that must be completed before the filing of the PERM. The first requirement is that the employee must qualify by having the minimum requisite education and/or experience necessary for the job. The second requirement is fulfilled by the employer’s ability to pay.

The employer’s ability to pay can be met by either the “bright line” test or “grey line” test. The employer meets the “bright line” standard by demonstrating it can pay the employee’s prevailing wage stated in the PERM. Alternatively, the employer can meet this standard by proving it has a net profit greater than the salary(ies) of the total number of PERM-sponsored employee(s). The “grey line” test typically comes into play when the economy is in a recession. Here, if the employer can show that is has been a historically reliable company in paying its PERM-sponsored employees, it will given some leeway in meeting the ability-to-pay standard.
-Timmy Yip

Generally it is a good idea to get drug coverage when you are first eligible because if you do not, you may pay a late enrollment penalty. You can only avoid a late fee if you either take advantage of the Extra Help program or have other credible prescription drug coverage from a union or employer. If you do not know if you are going to be assessed a penalty, Medicare will let you to know what…

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A couple waiting in the emergency room at the Durham VA Medical Center in North Carolina was alarmed by the treatment of two veterans who were awaiting care. They were also concerned about the behavior of one nurse in particular. They took photos of the two men and shared them on Facebook with the intention of bringing attention to the plight of veterans and encouraging better treatment in the future.

Jesse Lee, the man in the wheelchair, said he suffered for five hours before being treated for severe phantom pain arising from a leg amputation. Another veteran reportedly decided to lie on the floor after the nurse yelled at him and did not allow him to sit in a reclining chair. According to the Facebook post, he was suffering from “pneumonia-like” symptoms that made it difficult for him to walk or sit.

The medical center is investigating the situation. Durham VA Director DeAnne Seekins called it a “regrettable incident.” She said the nurse who was on duty was removed from patient care pending an internal review. Seekins said although there was a long wait because it was one of the emergency room’s “busiest days,” she believed the patients still received quality care.

The McMenamins refused the facility’s request to remove the images, which do not show the veterans’ faces. When asked by The Huffington Post how he felt about the post, Lee said, “I’m fine with it. People need to know. If somebody is in that much pain, I think they should notice it or take better care of the person.”

Two spectators died after an ATV accident at an off-highway vehicle park event in Bremen Alabama.
A 34-year-old male died and the scene and a 22-year-old female was pronounced dead at the hospital after being struck by an ATV that flipped, according to reports. Three other people suffered injuries.

While no other specific details about the accident have been confirmed, witnesses at the scene said that the ATV was in a competition at the park when it ascended a hill before the drive lost control and flipped into spectators.
An investigation is under way.

When someone has been seriously injured or lost a loved one in an ATV accident, they may have the right to seek compensation for their injuries or loss. A lawsuit could potentially lay out a litany of issues including improper placement of spectators, a poorly designed “track”, a defective ATV, and/or an inexperienced driver. While Lawsuit Financial cannot provide legal consultation for ATV accidents, once a lawsuit has been filed by an experienced attorney, we can assist plaintiffs in securing lawsuit funding until the case settles.

Lawsuit funding is a transaction where a plaintiff sells a portion of the proceeds of the settlement in exchange for immediate cash. The advance can be used anyway the client wishes, but it meant to cover mortgage payments, car payments, funeral and burial expenses, medical expenses, and ongoing daily living expenses. This is a non-recourse cash advance, meaning that it is only repaid when the case successfully settles. If the case fails, the plaintiff keeps the money, free of charge.

A lawsuit cash advance is a perfect solution for plaintiffs who are unable to secure a traditional bank loan, obtain funds from relatives, or have salable assets. These legal finance transactions are based on the strength of the case; credit and employment status do not matter. Our online application takes less than 5 minutes to complete. Funding can often be available in less than 48 hours after receipt of a completed application.

If you are experiencing financial hardship as a result of an ATV accident, don’t let the financial stress of pursuing compensation through the legal system force you to accept an early settlement offer. A lawsuit cash advance from Litigation Funding Corporation may give you the financial staying power to endure the legal process and obtain a larger award.

When a spouse becomes ill, the well spouse is suddenly faced not only with the emotional toll, but the burden of handling all the financial responsibilities and long-term planning on his or her own.  If the ill spouse always handled the financial matters, even paying bills can be overwhelming.  Additionally, the well spouse may not know what long-term planning considerations have been made for…

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The lawsuit stems from the 2016 death of a newborn baby. The suit alleges that a doctor failed to promptly take appropriate action when a fast-growing cyst was detected in during a pre-birth ultrasound.

The baby underwent bowel surgery after birth, but was only two days old when she died. The lawsuit says the baby would have survived if the Nebraska doctor had ordered an immediate evaluation of the growth in her bowel and had sent her for treatment before she was given any food.

To meet pressing financial obligations during the pending lawsuit, the family may wish to apply for litigation funding. Unlike a traditional bank loan, this type of cash advance can be provided without obstacles or risks.

Litigation funding is based solely on case strength, not credit or employment status. If the case is reviewed and appears to be winnable, the request for funding will likely be approved with the money available within 24 – 48 hours. Repayment only occurs once the case successfully settles, at which time we are repaid from the case proceeds. However, if the case is lost, we will completely waive repayment of the case advance.

While litigation funding cannot solve physical and emotional issues, a lawsuit cash advance can substantially lessen financial issues. If you have filed, or plan to file, a medical malpractice lawsuit and are represented by an attorney, you may be eligible for medical malpractice litigation funding. The application process is quick and easy online or by calling Litigation Funding Corporation toll-free at 1-866-LITFUND. We are also happy to offer a free, no-obligation consultation or funding analysis of your case.

A robbery suspect, an 18-year-old teen, was shot 14 times and killed after pointing a pellet gun at police. His violent death has raised questions about why officers unleashed a barrage of bullets on the teen rather than simply trying to deter him from fleeing.

According to authorities, Sergio Reyes walked into a Brooklyn deli and stole two six-packs of Corona beer at gunpoint. A store employee said he left the store without paying for the beer. The teen then returned shortly to take more beer.

Police said they arrived at the scene after receiving reports of an armed robbery at around 12:40 a.m. Three officers began interviewing witnesses inside the store, according to NYPD Chief of Patrol Terence Monahan. “He … put a gun to my face and threatened to kill me,” said a store employee describing Reyes’ behavior. “I told him he was on camera and he got scared and ran off. A little while later I heard the gunshots fired down the block.”

Law enforcement said they spotted Reyes walking down the street. He had fled shortly before two plainclothes officers and a sergeant arrived. Police said they ordered the high schooler to stop before he pointed the realistic-looking pellet gun at them. Upon seeing the black firearm, police fired multiple shots at the suspect.

“The officers gave verbal commands [to drop the weapon],” Monahan said. “The suspect had a black firearm in his hand and raised it towards the officers.”

Officials said Reyes was pronounced dead after being taken to Woodhull Medical Center. They found the pellet gun near the teen’s body. Reyes’ family is seeking answers about why police officers fired so many shots at him.

by Thomas D. Begley, Jr., CELA

Representing clients in connection with planning for children with disabilities involves a lot more than simply preparing documents. Many lawyers who enter the field of Special Needs Planning have family members who suffer from disabilities and have had first-hand experience with the problem. Good legal advice begins with understanding the problem. For most parents, the concern is what will happen to the child after the parent(s) are gone. While the parents are alive, they will do whatever it takes to achieve the best life possible for their child with disabilities. After they are gone, the problem becomes who will take over. The lawyer’s job includes helping the clients identify a lifestyle that they want their child to have, advising the client as to how to fund that lifestyle, introducing the client to resources that are available in the disability system including potential trustees, and also understanding the challenges faced by other parents in similar situations. It is important that the lawyer understand the parents.

Parents of children with disabilities lead a much different life than parents with children without disabilities.[1] Upon learning that their child has a diagnosis of disability, the first reaction for many parents is denial. Denial rapidly merges with anger, which may be directed toward the medical personnel involved in providing the diagnosis, fear is another immediate response. This is largely fear of the unknown and fear of the future. Other emotions include Guilt that the parents themselves may have caused the problem, and Confusion revealing itself in sleeplessness, inability to make decisions, and mental overload. Parents often feel powerless to change what is happening, and it is very difficult to accept. There is disappointment that the child is not perfect. Some parents feel rejection toward the child, toward the medical personnel, or toward other family members.

It is recommended that parents try to understand that they are not alone, and that they seek advice of another parent who also has a child with a disability. Parents should rely on positive sources in their lives, such as ministers, priests and rabbis, good friends, or a counselor. They should also be advised to take one day at a time. Parents are also advised to learn the terminology of disability. Parents should seek and obtain accurate information. Write down questions before meetings, and get written copies of documentation from physicians, teachers and therapists. It is a good idea to buy a three-ring notebook and compile the information. Parents should not be afraid to show emotion and should not be intimidated by medical or educational professionals. They should learn to deal with natural feelings of bitterness and anger. Parents must try to maintain a positive outlook. They should seek out programs for their children. It is critically important that the parents care for themselves. They can’t help their children unless they themselves are strong. They must get sufficient rest, eat well, take time for themselves, and reach out to others for emotional support. They should avoid self-pity. They should develop and maintain a daily routine. The fact that the child has a disability does not make them less valuable, less human, less important, or less of need for parental love and parenting.

The National Information Center for Children and Youth with Disabilities (NICHCY) recommends that parents join a parents’ group, read materials by and for parents, find out about all services available to their children, including special education, early intervention, and related services. These services can range from feeding support from a nutritionist in a hospital to developing a complete physical therapy program for an infant with Cerebral Palsy.   A plan can be developed called an “Individualized Family Service Plan” (IFSP). Services are offered through both public and private agencies. When a child reaches school age, an “Individual Education Program” (IEP) should be developed.

Relationships between parents are a key factor. Frequently, parents with children with disabilities divorce. Often, one of the parents, commonly the father, cannot take the situation and leaves. Ideally, duties of providing care should be assigned to both father and mother. Another issue is siblings. For many siblings, the experience is positive and enriching. It teaches them to accept other people the way they are. In contrast, other siblings experience feelings of bitterness and resentment toward their parents or their brother or sister with a disability. They may feel jealous, neglected, or rejected as they watch most of their parents’ energy, attention, money, and psychological support flow to the child with special needs. NICHCY advises that parents encourage their children to assume responsibilities, such as doing chores. This develops a sense of pride in the child with disabilities. Conversely, if the child with disabilities does not contribute, they may develop negative feelings, such as they are not capable of helping. The nature and extent of the disability may affect how much he or she is able to participate. When the child is ready, the nature and extent of the disability should be discussed with the child. Self-advocacy should be encouraged. Grandparents and other family members must be given the opportunity to know the child with disabilities, so that they can understand the child’s strengths and needs. Parents should learn to work with professionals for the benefit of the child and family.

Parents of children with disabilities should consider buying long-term care insurance. Few things that can ruin retirement are the expense of long-term care and having a child who can’t work. These can be extremely financially draining. Long-term care insurance will ensure that badly needed funds will be available to fund a Special Needs Trust (SNT) and provide for the child after the parents are gone.

Begley Law Group, P.C. has served the Southern New Jersey and Philadelphia area as a life-planning firm for over 85 years. Our attorneys have expertise in the areas of Personal Injury Settlement Consulting, Special Needs Planning, Medicaid Planning, Estate Planning, Estate & Trust Administration, Guardianship, and Estate & Trust Litigation. Contact us today to begin the conversation.

[1] Parenting a Child With Special Needs, NICHCY News Digest, ND 20, 3^rd Edition, 2003.

The accident occurred on September 25, 2016, when the boat hit a rock jetty near Miami Beach at a speed in excess of 65 miles per hour, according to an investigation by the Florida Fish and Wildlife Conservation Commission. Investigators concluded that Fernandez who was piloting the 32-foot vessel was under the influence of alcohol and cocaine when the crash occurred.

Investigators said that if the 24-year-old all-star had survived, he could have faced charges of vessel homicide, boating while intoxicated, manslaughter and reckless or careless operation. The report concluded without equivocation that Fernandez’s “impairment and manner of operation” caused the crash which resulted in his own death and the deaths of his friends Emilio Macias and Eduardo Rivero.

Attorneys for the families of Macias and Rivero issued a joint statement that although “fault has been determined officially,” the families wish for a swift and amicable settlement, as the accident was a tragedy for all concerned. The lawsuits allege that Fernandez was responsible for the men’s deaths and his passengers were owed a reasonable degree of care.

If you need to speak with a wrongful death attorney or lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

Employment Authorization Cards will be red with a bald eagle

The United States Senate Special Committee on Aging recently issued its 2017 ranking of the top 10 scams targeting senior citizens, based on data collected through its Fraud Hotline from January 1, 2016 through December 31, 2016. The most frequently reported scams of 2016 were as follows:

• IRS Impersonation Scams

Generally, the scammer will call an individual, pretending to be an Internal Revenue Service (IRS) agent, accusing the individual of owing back taxes and penalties, and threatening the individual with arrest, foreclosure, or deportation if immediate payment is not made.

• Sweepstakes Scams

The scammer contacts an individual and informs him that he has won a lottery – frequently the Jamaican lottery. In order to “claim” his winnings (or to improve his chance of winning), the individual must pay a fee.

• Robocalls/Unwanted Phone Calls

The scammer uses technology to dial large volumes of phone numbers and distribute pre-recorded messages to reach a broad audience of potential victims.

• Computer Scams

The scammer contacts the victim by computer, poses as an employee of a technology company, and convinces the victim that his computer is infected with a virus. In order to get rid of the “virus,” the scammer convinces the victim to give him access to his computer, often in exchange for payment by wire transfer. Sometimes, the scammer obtains the victim’s passwords and uses them to access his financial accounts, as well.

• Elder Financial Abuse

The Committee’s report defines financial abuse as the “illegal or improper use of an older adult’s funds, property, or assets.” It is often committed by a loved one or an agent under a power of attorney.

• Grandparent Scams

The scammer calls a senior pretending to be a family member, often a grandchild, and asks for money to pay for an emergency (frequently a medical bill or legal problem).

• Romance Scams/Confidence Fraud

A form of “catfishing,” this scam involves the fraudster creating a fake online dating profile, gaining the trust of the victim over a period of time, then requesting money to help out in an “emergency” or to allegedly visit the victim.

• Government Grant Scams

The scammer contacts the victim, pretending to be from a “Government Grants Department” (which does not exist), and informing the victim that he or she will receive a grant after paying a fee.

• Counterfeit Check Scams

The scammer sends the victim a check and instructs him to cash or deposit the check, then turn around and wire some of the money back to the scammer. For his trouble, the victim may keep a portion, he is told. The victim later learns from the bank that the check has bounced, and now he is liable for the funds wired.

• Identity Theft

The Committee’s report categorizes several forms of “identity theft,” including online impersonation, actual theft of a wallet or mail, and illegal efforts to obtain a person’s identifiable information. Use of someone’s personal information to apply for a credit card is a common form of identity theft, as is filing an income tax return using someone else’s personal information, generally to obtain a refund from the government.

To avoid becoming the victim of these and other scams, exercise caution when you are contacted by someone you do not know personally or are not expecting to hear from. Almost all of the scams above involve someone else contacting you, either by phone, mail, or e-mail. If someone purportedly calling from your financial institution contacts you and asks for identifying information, hang up and call the institution back at a known, legitimate phone number to verify whether the call was legitimate. Avoid opening e-mails from unknown senders and clicking on links in e-mails unless you are absolutely certain that the e-mail or link is legitimate. Shred documents containing personal information such as dates of birth and Social Security Numbers, rather than throwing them away. Keep in mind that anything that sounds too good to be true (lottery winnings and free trips, for example) most likely IS too good to be true. And when in doubt, if you receive a phone call, piece of mail, or e-mail that doesn’t seem quite right, get the opinion of a loved one or an attorney before responding.

If you receive a suspicious call or message, contact the U.S. Senate Special Committee on Aging’s Fraud Hotline at 1-855-303-9470. For more information relating to each of the above scams, you may access the 2017 report online at https://www.collins.senate.gov/sites/default/files/Fraud%20Book%202017.pdf.

Ask Kit Kat – Follow the Bears

Hook Law Center:  Kit Kat, what can you tell us about the bears in Yosemite National Park?

Kit Kat:  Well, this is so interesting! The rangers at Yosemite now have a website in which the public can follow the location of black bears throughout the park. The bears are outfitted with tracking collars, and they can be followed as they go about their daily routines. There is a time delay, so industrious visitors cannot know where they are in real time, but you can see them doing a lot of things like climbing 5,000-foot canyon walls, foraging for food, etc. There are approximately 500 black bears in Yosemite.

The reason behind the tracking system and website is twofold—one is to satisfy the public’s curiosity about the bears, but secondly, and most importantly it is to give the rangers and the public information about the bears. With more than 5 million visitors to the park last year, rangers hope the public will be more aware how to interact with bears—slowing their driving in places bears frequent most and properly storing food at campsites. Last year alone, 28 bears were hit by cars, and for some, it was a fatal encounter. Ryan Leahy, a wildlife biologist at the park says, ‘It’s our responsibility to keep bears wild.’ Another expert, Jesse Garcia, a black bear specialist from the California Department of Fish and Wildlife, says, ‘You’ve got to give them their distance and always be aware, knowing that they’re there.’ In other words, visitors are encouraged to enjoy the bears, but at a safe distance for both parties.

The tracking system has resulted in learning more about black bears, which in Yosemite, tend to be more of a brownish color. One of the things they have learned is that mating season begins in May, about a month earlier than previously thought. Continued monitoring will help us learn more about these powerful, yet beautiful animals. (By Associated Press, “Keeping track of Yosemite’s busy bears,” The Washington Post (Kids Post), April 4, 2017)

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Hook Law Center encourages you to share this newsletter with anyone who is interested in issues pertaining to the elderly, the disabled and their advocates. The information in this newsletter may be copied and distributed, without charge and without permission, but with appropriate citation to Hook Law Center, P.C. If you are interested in a free subscription to the Hook Law Center News, then please telephone us at 757-399-7506, e-mail us at mail@hooklawcenter.com or fax us at 757-397-1267.The post Top Scams Targeting Seniors – And How to Avoid Them first appeared on SEONewsWire.net.]]> http://www.seonewswire.net/2017/04/woman-sues-pharmacy-after-receiving-incorrect-dosage-of-prescription/ Tue, 25 Apr 2017 14:36:40 +0000 http://www.seonewswire.net/2017/04/woman-sues-pharmacy-after-receiving-incorrect-dosage-of-prescription/ As patients, we place a great deal of trust in our pharmacies to ensure that our prescriptions are filled correctly. We know the pharmacist or technician reads the doctor’s prescription, pulls the medication off the shelf, counts out the pills,…

In 1856, German pathologist Rudolf Virchow postulated the interplay of three processes resulting in venous thrombosis, now known as Virchow’s triad: a decreased blood flow rate (venous stasis), increased tendency to clot (hypercoagulability), and changes to the blood vessel wall. DVT formation typically begins inside the valves of the calf veins, where the blood is relatively oxygen deprived, which activates certain biochemical pathways. Several medical conditions increase the risk for DVT, including cancer, trauma, and antiphospholipid syndrome. Other risk factors include older age, surgery, immobilization (as with bed rest, orthopedic casts, and sitting on long flights), combined oral contraceptives, pregnancy, the postnatal period, and genetic factors. Those genetic factors include deficiencies with antithrombin, protein C, and protein S, the mutation of factor V Leiden, and the property of having a non-O blood type.

Individuals suspected of having DVT may be assessed using a clinical prediction rule such as the Wells score. A D-dimer test may also be used to assist with excluding the diagnosis (because of its high sensitivity) or to signal a need for further testing. Diagnosis is most commonly done with ultrasound of the suspected veins.

Prevention options for at-risk individuals include early and frequent walking, calf exercises, anticoagulants, aspirin, graduated compression stockings, and intermittent pneumatic compression. Anticoagulation is the standard treatment; typical medications include low-molecular-weight heparin or a vitamin K antagonist. Wearing graduated compression stockings appears to reduce the risk of post-thrombotic syndrome. The rate of DVTs increases from childhood to old age; in adulthood, about one in 1000 adults is affected per year.

The woman, a retired teacher, was allegedly catapulted out of her wheelchair while riding in a van operated by an employee of an elder care company. Although the elderly woman was eventually taken to the hospital, she died four months later as a result of the injuries she sustained in the April 2014 accident.

The accident was allegedly caused when the van’s driver suddenly applied the brakes, causing the elderly woman to be thrown from the back of the van into the dashboard. As a result the woman sustained internal injuries and multiple broken bones.

According the eyewitnesses, the van’s driver did not call an ambulance but instead pulled into a parking lot and asked a trucker to help her lift the injured woman back into her wheelchair. The trucker and several others present in the parking lot strongly urged the young woman to call 911, but she refused to do so. Instead she took the woman back to her home and did not mentioning the accident to her family.

The elderly woman’s daughter and son filed a wrongful death lawsuit against the van’s 25-year-old driver alleging she caused serious injuries by not properly and safely strapping her passenger in prior to driving. The young driver was indicted by a grand jury for first-degree felony injury to an elderly person.

Court documents indicated that the driver failed to seek adequate medical treatment for her passenger after the accident. Furthermore, the driver’s employer did not report the incident as required by federal regulations and allegedly shredded paperwork indicating the van’s driver worked for them.

In filing a wrongful death lawsuit, the family may face several years of litigation before a verdict or settlement is reached, leaving them with extra expenses, including funeral and burial costs. If the family did not have much in terms of life insurance, or had no insurance or other alternative sources of funding, they may be eligible for a “lawsuit loan.”

The main objective in financing a lawsuit is easing the financial load on cash strapped plaintiffs and allowing them to decline an early settlement offer from a rapacious insurance company. Pre-settlement funding also demonstrates to the plaintiff that they are likely to receive the compensation they are hoping to obtain. Litigation funding may be the right financial lifeline at the right time.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit http://www.litigationfundingcorp.com/.

Due to the complexity of medical malpractice cases, they can take months, even years to settle. If the victim is seriously hurt, they may not be able to return to work. If the medical negligence resulted in death, the patient may have been the primary breadwinner. With limited or no cash flow, plaintiffs usually will have a hard time remaining financially stable; even daily household expenses become a challenge. This is when litigation funding can be an asset.

A couple is seeking damages after the husband was allegedly not diagnosed with atrial fibrillation in a reasonable amount of time.

The lawsuit alleges that the man went to the urgent care with muscle weakness, lack of appetite, fatigue, sinus pressure and cough. He was given medication, but the health care providers failed to mention that he might be suffering from heart problems, states the suit. A week later, the plaintiff was hospitalized in intensive care for three days, and was in atrial fibrillation for over 200 hours. The lawsuit alleges that the defendant breached the standard of care and failed to treat the plaintiff in a responsible way. The plaintiffs are seeking an undisclosed amount in damages.

During the pending lawsuit, the couple may be able to rely on litigation funding to help with any financial hardship. This cash advance is not a loan. There are no upfront fees or monthly payments. No credit checks or employment verification. A lawsuit cash advance is provided on the strength of your case alone. Repayment is made only after the case successfully settles. If the case is lost, the plaintiffs are under no obligation to repay the cash advance.

If you are in a pending medical malpractice lawsuit, Litigation Funding Corporation can get you the money you need today to stay current with your bills and allows your attorney more time to get you the settlement you deserve. The application and approval process is quick and easy! Funds can be available within 24 – 48 hours.

It is important to understand that not all patients have an annual deductible, so the observations in this post refer only to those who do pay a deductible. Once that deductible limit has been reached, what usually happens is that the patient then has to pay a co-insurance or co-payment for every prescription. Co-payments are typically a fixed dollar amount. Co-insurance payments have the…

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A state appellate panel revived a medical malpractice lawsuit against North Shore University Hospital in New York due to conflicting evidence. According to the four-judge Second Department panel, the trial judge should not have dismissed the case as medical records contradicted the expert witness testimony submitted by the hospital.

Plaintiff Joseph Kleinman sued North Shore University Hospital and surgeon George DeNoto after he developed abdominal compartment syndrome (ACS) following a complicated, five-hour hernia operation in 2009. The condition involves the buildup of pressure inside an enclosed muscle space. The plaintiff accused the hospital of failing to make a timely and proper diagnosis of his ACS.

The hospital’s expert witness, a board-certified surgeon, claimed that Kleinman did not have ACS following his surgery. However, medical records indicated otherwise. In addition, the court said DeNoto had electronically signed the patient’s discharge summary, which showed that he had ACS. Due to the contradictory testimony, the appellate panel said the hospital was not entitled to summary judgment in the medical malpractice lawsuit.

Furthermore, Kleinman alleged that he suffered various injuries because DeNoto failed to inform him of the potential risks associated with the surgery he performed. He also claimed the surgeon did not advise him about alternative surgical procedures. However, the court said the hospital’s witness failed to demonstrate that the informed consent DeNoto received from Kleinman met the appropriate standard of care for that particular type of surgery.

According to Virginia State Police, the woman was traveling westbound in a 1996 Ford Ranger when a 2015 Chrysler 300 traveling eastbound veered into the westbound traffic and sideswiped the Ranger, as well as a 1998 Lincoln Town Car. The Town Car spun out of control and came to a rest in the roadway. The driver of the Chrysler drove into a ditch and then fled on foot. The elderly woman was taken to an area hospital where she later died as a result of her injuries.

The negligent driver admitted himself to the hospital the next morning with serious injuries. Police later learned that he was the driver that caused the crash, and had signed for the Chrysler, a rental car. The investigation is still ongoing. There have been no reports as to whether the driver was distracted, driving under the influence, or what may have led him to veer into the westbound lane.

The last thing on anyone’s mind after a tragic auto accident, in which you lose a loved one, would be to file a lawsuit. However, a wrongful death lawsuit is usually the only way for a family to begin recovering from their losses physically, economically, and financially.

Plaintiffs should rely on an experienced auto accident attorney who can help guide them through an often lengthy and complicated litigation process. An experienced auto accident attorney can help protect the rights of the victims and help them receive compensation for their loss. Even with the help of an experienced attorney, a lawsuit can drag on as the insurance company for the negligent driver will most likely deny, delay, and defend the claim.

For the victim’s family, life won’t wait for a lawsuit to settle nor should they be forced to settle for pennies on the dollar because of pressing financial needs. Once the lawsuit is underway, if finances are an issue, the family may wish to inquire about litigation funding.

Litigation Funding Corporation would be happy to help the grieving family meet immediate financial obligations.
Litigation funding is a cash advance of an expected settlement. Its main purpose is to assist plaintiffs with the likely loss of wages, mounting medical bills, funeral expenses, daily household bills, and other out-of-pocket expenses until a settlement is reached.

Eligibility is based on attorney representation and a strong case. Once these qualifications are met, the application process is quick and easy; it takes less than five minutes online or over the phone. Unlike a traditional bank loan; funding can be obtained without the need for a credit check or employment verification; the only collateral required is a pending lawsuit.

Our review and approval process usually takes place in under 48 hours. If a plaintiff is approved for funding, the cash advance is sent via overnight mail or direct deposit. Repayment is made once the case settles, but if the plaintiff fails to achieve a settlement, repayment of the cash advance is completely waived.

If you have been seriously injured or lost a loved one in an auto accident due to the negligence of someone else, a civil suit could be your only recourse when attempting to recover damages, and litigation funding may be the only means to avoid financial hardship. Contact Litigation Funding Corporation at 1.866.LIT.FUND for a “staying power” advantage, so you can fight for justice and the compensation you deserve.

In the case, East Texas Copy Systems, Inc. v. Player, the Court of Appeals in Texarkana ruled that a noncompete agreement was nonbinding due to the language used in the agreement.

As part of the sale of a business, the buyer agreed to employ the seller for four years, and the seller agreed not to compete with the buyer in a certain geographic area for a two year period. The noncompete clause stated that if the seller’s employment was terminated “for any reason other than a for cause termination” within two years, then the noncompete clause would no longer be binding. The parties also signed a separate noncompete agreement with identical language regarding the agreement being nonbinding if the seller was terminated for any reason other than for cause.

The seller voluntarily resigned his employment within two years of entering into the agreement and entered into competition with the buyer.

The seller filed a lawsuit seeking a declaration that the noncompete clauses were nonbinding, and the buyer asked the court to enforce the clauses. The trial court found that the seller was not bound by the noncompete agreement. The buyer appealed, arguing that to allow the seller to voluntarily end his employment and begin competing would thwart the purpose of the agreement. The court disagreed, noting that the agreements between the parties covered other issues besides the agreement not to compete. The court held that the plain language of the clause allowed the seller to compete, because both parties agreed that the employment had terminated without cause.

The case illustrates the importance of making sure that a noncompete agreement actually protects the interests that the parties intend to protect.

Gregory D. Jordan is an Austin business attorney and business litigation lawyer. To learn more, visit http://www.theaustintriallawyer.com or call 512-419-0684.

The new executive order is narrower in scope. It still imposes a 90-day travel ban, but Iraq is no longer included. The order affects travelers from Syria, Libya, Sudan, Somalia, Iran and Yemen, who face a suspension of visa processing. Current visa holders and permanent residents are excluded from the ban. The modified executive order replaced an indefinite ban on Syrian refugees with a 120-day freeze, and did away with language giving religious minorities preferential status. The new order cuts the number of refugees admitted to the United States each year from about 110,000 to 50,000.

Judge Derrick K. Watson, of U.S. District Court in Honolulu, invoked President Trump’s public comments in stating that an objective observer would see the new executive order as having the purpose of disfavoring a particular religion, despite its stated religious neutrality. Judge Theodore D. Chuang in Maryland also found that the executive order’s likely purpose was to ban Muslims. Speaking at a campaign-style rally in Nashville, President Trump criticized Judge Watson’s decision, saying that the ruling was made for political reasons. President Trump also called the modified executive order a “watered-down version of the first one.”

The Justice Department has announced its intent to appeal each ruling.

Each individual under the age of 18 received an average of $10,500 in state funding annually. Meanwhile, costs for adults were two and a half times higher at around $26,500. The widest gap was between the youngest and oldest age groups with an average difference of nearly $38,000.

The UC Davis Health System study examined per-person spending on autism services for over 42,000 California residents with autism. Researchers analyzed the California Department of Developmental Services’ spending from 2012 to 2013. The department funds services for people with autism through 21 regional centers in California.

The data took into account costs for transportation, daycare, employment support and accommodation at community care facilities. It did not include medical expenses or school expenditure. The study found daycare and residential care were the sources of the highest costs.

“As children with autism grow up and become adults and no longer receive public school-based assistance, their services transition to expensive independent living support and more of the cost burden shifts to the state,” said study author Paul Leigh, a public health sciences professor at UCD. “We hope our data can help justify earlier, expanded and equitable spending on younger children with autism. There is a great return on investment in high-quality early intervention services.”

Pioneers of Elder Law – For over 30 years, Gilfix & La Poll Associates LLP has innovated creative legal solutions to help you manage and plan the future of your estate.
To contact a special needs planning lawyer visit https://www.gilfix.com/ or call 800.244.9424.

If prior years is a guidance, we get receipt notices until about mid May. Then we start getting the rejections in the mail.

Keeping fingers crossed

For more information call Banerjee & Associates

The personal representative of an estate (could be termed an Administrator or Executor) has a fiduciary duty to fully administer the estate of the decedent. In doing so, the personal representative must ensure that the debts of the estate are paid. When an estate is insolvent, there is a particular order in which such debts may be paid. A failure to pay the debts in the order prescribed by the Virginia Code could result in the personal representative being held personally liable for the debt

Specifically, when the assets of the estate are not sufficient to satisfy all the debts, the debts are to paid as follows:

1. Costs and expenses of administration;
2. Allowances afforded to a surviving spouse or dependent child under the Code of Virginia;
3. Funeral expenses not to exceed $4,000;
4. Debts and taxes with preference under federal law;
5. Medical and hospital expenses of the last illness of the decedent, including compensation of persons attending him not to exceed $2,150 for each hospital and nursing home and $425 for each person furnishing services or goods;
6. Debts and taxes due the Commonwealth;
7. Debts due as trustee for persons under disabilities; as receiver or commissioner under decree of court of the Commonwealth; as personal representative, guardian, conservator, or committee when the qualification was in the Commonwealth; and for moneys collected by anyone to the credit of another and not paid over, regardless of whether or not a bond has been executed for the faithful performance of the duties of the party so collecting such funds;
8. Debts and taxes due localities and municipal corporations of the Commonwealth; and
9. All other claims.

Only after the debts are fully satisfied are beneficiaries of the estate entitled to benefit from the estate.

Since the problem usually arises with a decadent who owned real property that has vested with a beneficiary and there is just not a sufficient personal estate to satisfy the creditors, the Code of Virginia specifically provides that real property must sold when the personal property is insufficient to do so.

To enable a personal representative with the authority to engage in the sale of real estate, the personal representative, unless there is an express direction of sale under a Last Will and Testament, will often need the cooperation of the heirs and/or the granting of the power to sell the property. The Court, in granting such authority, divests the heirs of legal title and grants full authority over the property to the personal representative.

Ask Kit Kat – Affectionate Cats

Hook Law Center:  Kit Kat, are cats naturally affectionate, or do they tend to be aloof?

Kit Kat:  Well, according to some new research, cats really are naturally affectionate. Here’s what the latest research says. We have Oregon State University (OSU) to thank. In OSU’s own publication, Behavioral Processes, it was reported that cats frequently choose love from their parents over food. Dogs and tortoises were previously studied, so the researchers decided it was time to focus on cats. One researcher said, ‘Increasingly cat cognition research is providing evidence of their complex socio-cognitive and problem-solving abilities. Nonetheless, it is still common belief that cats are not especially sociable or trainable. This disconnect may be due, in part, to a lack of knowledge of what stimuli cats prefer, and thus may be most motivated to work for.’

In the study, a total of 50 cats (some from shelters, some were pets) were examined. They isolated the cats for a few hours from all stimulation such as human interaction, playing with toys, or being given food. After the deprivation period, the cats were given the option of interacting with humans, playing with toys, or eating. Only 37% of the cats chose food. Most of those opting for contact were quite content with chin rubbing. To top it off, they found no difference between the shelter cats and pet cats. These results confirm what my parents have long known. The 5 cats in our house love our parents, and miss them terribly when they go away. Someone comes in and feeds us and clean our litter while they are away, but it’s not the same. Even if they are gone one night, when they come back, we cuddle up to them with purring, and they, in turn, pet us to our hearts’ content! (Kelli Bender, “Study: Your Cat Probably Loves You More Than It Loves Food (Take that, Dogs!), People, March 28, 2017)

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Hook Law Center encourages you to share this newsletter with anyone who is interested in issues pertaining to the elderly, the disabled and their advocates. The information in this newsletter may be copied and distributed, without charge and without permission, but with appropriate citation to Hook Law Center, P.C. If you are interested in a free subscription to the Hook Law Center News, then please telephone us at 757-399-7506, e-mail us at mail@hooklawcenter.com or fax us at 757-397-1267.The post Selling Real Property to Satisfy the Debts of a Decedent first appeared on SEONewsWire.net.]]> http://www.seonewswire.net/2017/04/veterans-suicide-in-va-parking-lot-highlights-shortcomings-of-disability-benefits-process/ Mon, 17 Apr 2017 19:00:40 +0000 http://www.seonewswire.net/2017/04/veterans-suicide-in-va-parking-lot-highlights-shortcomings-of-disability-benefits-process/ Veterans are promised care in return for their service to our nation. However, many former service members struggle for years to get the financial support and benefits they deserve. The recent suicide of a 63-year-old Navy veteran is yet another…

Florida’s Daubert amendment was passed by the state legislature and signed into law by Governor Rick Scott in 2013. The law replaced the Frye standard, under which expert testimony is permitted as long as it is generally accepted in its specific field, with the Daubert standard, used by federal courts, under which the trial judge must rule on the reliability of the expert testimony before it can be offered to the jury. Florida’s Constitution provides that the judicial branch has sole authority over procedural rules of court, while the legislature makes substantive law, so the state high court rejected the Daubert standard to the extent that it is procedural.

The Supreme Court also rejected the Same Specialty amendment, which would require an expert witness on the issue of standard of care in a medical malpractice trial to be from the exact same specialty, as opposed to just a similar specialty, as the medical care provider against whom the testimony is offered. In declining to adopt this standard, the court cited the chilling effect that the stricter rule would have on the ability of an injured patient to obtain an expert witness in a medical malpractice lawsuit, thus interfering with the constitutional right of access to the judicial system and a jury trial.

If you need to speak with a personal injury lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

Documents filed in court indicate that the veteran served 18 years in the U.S. Army. The veteran was honorably discharged from the Army in 2007. He subsequently developed health issues and was unable to access medical care until December 2011.

For more than a year, the man tried to access medical care, but was repeatedly denied. He is now dying of prostate cancer. He was seen by a nurse practitioner who indicated he had an abnormality in his prostate. No further testing, referral to a specialist or other follow-up was ordered. Allegedly the veteran was told there was nothing he could or should do about the abnormal exam and that he was not to worry about it.

It was not until December 2011 that the veteran was able to obtain an appointment with the doctor. By this time, the man was told that he was terminal and that he needed to seek care in a hospice. The veteran opted to see a private doctor and had surgery that left him with serious problems and various permanent injuries. The lawsuit alleges none of these things would have happened had the VA performed medical care according to its mandate in a timely and professional manner.

Lawsuits such as this take a long time to be resolved. Plaintiffs still have bills that need to be paid, but finances may be tight. When finances are an issue, litigation funding, also referred to as a “lawsuit loan,” may be the solution.

Pre-settlement funding is a cash advance of the amount expected of the settlement when the case is resolved. Its primary purpose is helping plaintiffs with loss of wages, exorbitant medical bills, monthly household expenses and other out-of-pocket bills. Litigation funding is not a bank loan and may be obtained without verifying employment or running a credit check. The collateral used when applying for a “lawsuit loan” is the pending lawsuit itself.

Litigation funding is a valuable and viable alternative for cash strapped plaintiffs needing funds until their case has been resolved.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit http://www.litigationfundingcorp.com/.

Medicare Part D costs vary greatly from one individual to the next. Expenses, per person, change in response to the drug used, the drugstore filling it out, the type of plan and if the person qualifies for Medicare’s Extra Help program. The Extra Help program helps people with low incomes pay prescription drug program costs like premiums, deductibles and co-insurance fees. Medicare Part D costs…

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Advocates for people with autism are marking Autism Awareness Month in many ways throughout the month of April. Buildings and landmarks around the world were illuminated in blue light April 2 for World Autism Awareness Day, recognized by the United Nations since 2007. The Light It Up Blue campaign is sponsored by the nonprofit organization Autism Speaks. The White House, Rockefeller Center, the…

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Advocates for people with autism are marking Autism Awareness Month in many ways throughout the month of April.

Buildings and landmarks around the world were illuminated in blue light April 2 for World Autism Awareness Day, recognized by the United Nations since 2007. The Light It Up Blue campaign is sponsored by the nonprofit organization Autism Speaks. The White House, Rockefeller Center, the Leaning Tower of Pisa, the Great Pyramid of Giza and the Empire State Building were all bathed in blue light to raise consciousness of autism spectrum disorder, which affects one in 68 children.

The PBS children’s program Sesame Street added a new character in April: a Muppet named Julia, who has autism. The show’s online Digital Storybook series has featured Julia since 2015, but she is now making her television debut. Sesame Street producers met with groups that serve people with autism to learn which issues would be best to focus on. In the first episode featuring the red-haired Julia, she is hesitant to shake Big Bird’s hand. Big Bird is afraid Julia does not like him, but Elmo explains that Julia “does things a little differently” because she has autism. The episode also portrays Julia’s excitability during a game and her sensitivity to loud noises. Stacey Gordon, the puppeteer behind Julia, has a son with autism. She said that she hopes children who watch the show will learn that kids with autism play differently, “and that that’s okay.”

Advocates said that increasing understanding and acceptance of people with autism and their families is essential, but raising awareness is only the first step. Although great advances have been made in research and interventions, children and adults with autism need meaningful assistance, and the programs that help them need strong funding support.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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A former Uber driver faces four years in prison for his role in an interstate gun trafficking ring. Law enforcement officials said the group smuggled dozens of guns into New York City from South Carolina, North Carolina and Tennessee.

As reported by the Daily News, Marlon Manswell, 32, admitted to driving his accomplice from the Port Authority Bus Terminal to Brooklyn to sell guns. Authorities said he pleaded guilty to criminal possession of a weapon in the second degree, criminal sale of a firearm in the second degree and conspiracy in the fourth degree.

Manswell’s four-year prison sentence will be followed by five years of probation. He was fired from Uber in October 2015 after his arrest, according to a company spokeswoman.

The NYPD’s Gang Squad Brooklyn North used undercover surveillance and wiretaps to build the case. Their investigations led to the seizure of around 50 illegal guns including revolvers and semiautomatic weapons. The ring transported them into New York City from out of state via the so-called Iron Pipeline route, where the majority of New York’s illegal firearms come from.

Three others were also arrested and charged for their involvement in the gun trafficking ring. Manswell and his accomplices helped sell the guns to undercover officers from June to October 2015.

New York has some of the nation’s strictest firearms laws. Individuals facing weapons charges in the state should contact the experienced attorneys at Brill Legal Group to fight the accusations.

Here is a case example:
A couple was injured in an auto accident in 2014 when a distracted driver rear-ended their vehicle while they were waiting at a traffic light. Due to injuries sustained, the man was unable to return to work for nearly two years. His wife was a stay-at-home mom who was forced to take a part-time job to help pay the bills, but that was still not enough. Three years after the crash, the couple was able to realize a fair settlement, but not before their savings were depleted. In another month, they would have lost their home.

Careless or reckless drivers cause accidents every day, often due to a distracted driver. In a case like this, securing litigation funding could help a plaintiff alleviate some of the financial strain.

Lawsuit funding differs from traditional loans in that there are no payments made until a judgment is rendered or settlement reached. If the plaintiff fails to recover damages, the lawsuit cash advance is not repaid. Additionally, lawsuit funding is structured in such a way that factors such as employment history and credit standing don’t matter. Our only concern is the validity of claim and the likelihood of its success.

The application process takes less than five minutes; we do the rest. After obtaining case documentation from the plaintiff’s attorney, if the case is approved for funding we will direct deposit or wire-transfer the funds within 24 – 48 hours. It is really that simple!

If you are involved in an auto accident lawsuit and need financial ammunition to fight for your rights, consider acquiring lawsuit funding. For more information, call Litigation Funding Corporation today!

What is lawsuit funding and where do you get it?

Although many refer to lawsuit funding as a “lawsuit loan”, it isn’t a loan in the customary sense. Lawsuit funding is a cash advance against the proceeds you expect to receive when your case settles. There are no upfront fees or other out of pockets expense, and there are no monthly payments. The money is advanced on a non-recourse basis, meaning repayment is made when you finally get your settlement cash. If you lose your case, the repayment obligation is completely waived.

Litigation Funding Corporation is a pro-justice legal finance company that has helped hundreds of clients withstand a lengthy litigation process without jeopardizing their financial stability. While the legal process may be long and complex, our funding process is quick and easy, beginning with a one-page application. Next, we will request case information from your attorney and the expected settlement amount. We make all of our funding decisions in-house, so if the case appears strong and winnable, we can provide the cash advance within 24 – 48 hours.

It is enough to go through a personal injury of any kind, but to succumb to financial stress makes it worse. Lawsuit funding may be just the support you need. Call Litigation Funding today! One of our funding specialists will answer any questions and help you get started. Remember, we aren’t worried about your credit report and we don’t expect you to repay the cash advance until you obtain a settlement.

• Rigorously use all of its existing authority to initiate investigations of H-1B program violators. This effort to protect U.S. workers will also involve greater coordination with other federal agencies, including the departments of Homeland Security and Justice for additional investigation and, if necessary, prosecution
• Consider changes to the Labor Condition Application for future application cycles. The Labor Condition Application, which is a required part of the H-1B visa application process, may be updated to provide greater transparency for agency personnel, U.S. workers and the general public.
• Continue to engage stakeholders on how the program might be improved to provide greater protections for U.S. workers, under existing authorities or through legislative changes.
The problem is that laws already exist to protect the American people. The Employers have to pay the Employee a prevailing wage, and H-1B employees cannot be paid more than American workers. Site visits wont do away with fraud, because the fraud is not that the Employee is not getting paid, but that the employee is not qualified. My proposals are:

1. DO away with an artificial H-1B quota. This quota and lottery leads to a mad dash of filings, and the lottery does not, and cannot pick the brightest and the best.

2. Change the nature of the Computer Consulting business. Right now, when big companies have a project, they contract the project out to a “Vendor”. These vendors then contracts with other vendors and staffing companies to get the necessary personnel. Instead, the companies themselves need to hire staff who will look for Employees to fill the project. These are all short time, part time projects. This staff can look for the project leader and they will be given time deadlines to get projects finished. If it is discovered that someone cannot work efficiently, and if that person is on H-1B, then their visas will be taken away, and they will not be permitted to enter USA again. Drastic, I know, but necessary to stop fraud. Google and Facebook does not tolerate this. Why should big Companies with short projects do?

For more information contact Annie Banerjee at Banerjee & Associates

A cruise ship passenger has filed a lawsuit against Carnival Cruise Lines alleging insufficient measures were taken to prevent injuries after she was struck by a sliding door.

According to the complaint, the plaintiff alleges that on May 13, 2016, she was aboard the cruise ship, Carnival Breeze when a sliding glass door suddenly and unexpectedly closed, striking her. As a result, the passenger said she lost her balance and fell to the ground. Her injuries led to pain and suffering, lost wages and medical expenses. The woman holds Carnival responsible for allegedly failing to properly maintain the sliding door in a reasonably safe condition and failing to warn passengers of the dangerous condition of the sliding door.

The plaintiff requests a trial by jury and seeks damages in excess of the minimum jurisdictional limits of the court.
Simply because someone gets hurt on a cruise ship does not mean that it is necessarily the cruise line’s fault. Understanding the significance of a simple accident and a meritorious legal claim is crucial. Therefore, it is important to seek legal advice from an experienced maritime attorney.

These types of cases are difficult to navigate and cruise lines will vigorously deny and defend the claim. The wheels of justice turn much too slowly, especially for cash-strapped plaintiffs. Litigation funding may be the answer.

With a lawsuit cash advance, plaintiffs can meet financial obligations while the lawsuit winds its way through the courts. Once we received a funding application, we will request some case documentation, evaluate the lawsuit to determine case strength, and if approved, direct deposit or overnight mail funding within 24 – 48 hours. There is no need for a credit check or employment verification. We are only paid when the case settles or results in a favorable verdict. In the event the case is lost, repayment of the cash advance is completely waived.

If you’ve been injured while sailing with Carnival or any cruise line and believe that your injury was sustained due to the negligence of the crew, the cruise line or even a fellow passenger, consult an experienced attorney to know your rights to compensation. If you are strapped for cash, avoid settling your case too early, for too little. Contact Lawsuit Financial or complete our online application and see how our legal finance services can help you with your immediate financial needs.

The Department of Veteran’s Affairs Program of Comprehensive Assistance for Family Caregivers is a program used to provide stipends for family caregivers who are forced to stay at home to take care of their veteran family member. Since these veterans have suffered serious injuries, the program is a great way to give the veterans the full-time care they need by “employing” the most qualified individuals for the job, their family members.

The problem is, the VA is beginning to cut veterans and their families from the program from certain VA facilities, despite its assertions to the contrary.

According to the VA, it is not making any cuts to the size or the funding of the caregiver program. Numbers would seem to support its stance as the VA has added a total of 6,300 caregivers since 2014. However, the data can be very confusing and misleading at times.

When you look at the number of caregivers by facility, despite the increase in caregivers, 32 of the 140 VA medical centers have been cutting their programs, including some whose cuts are very drastic.

Although it was not an extreme outlier, Charleston, S.C. had the most dramatic cuts going from 197 caregivers in 2014 to just 11 in February of 2017 – a 94 percent reduction. Charleston VA’s reasoning for the cuts were that some veterans improved while others probably should never have qualified in the first place.

With these cuts, veterans with serious injuries or disabilities around the United States are having their caretaker stipends taken away. Although many of these veterans still have their disability ratings, some veterans have considered the cuts a “slap in the face” to the caregivers as they no longer receive the recognition they deserve.

• Memory loss that disrupts daily life, especially recently learned information;
• Challenges in planning or solving problems, like following a familiar recipe;
• Difficulty completing familiar tasks at home, work or leisure, like how to drive to a familiar location or remembering the rules of a favorite game;
• Confusion with time or place, like losing track of seasons or the passage of time;
• Trouble understanding visual images and spatial relationships, like difficulty reading or judging distance, the latter of which may manifest as trouble driving.
• New problems with words in speaking or writing, like having trouble following a conversation, stopping in the middle of a conversation and repeating themselves, or struggling with common vocabulary and calling thing by the wrong name;
• Misplacing things and losing the ability to retrace steps, like putting eyeglasses in the freezer;
• Decreased or poor judgment, like giving large amounts to telemarketers or losing track of cash, or like paying less attention to personal grooming;
• Withdrawal from work or social activities they used to enjoy; and
• Changes in mood and personality, like becoming confused or suspicious or anxious.

If you or a loved one is experiencing one or more of these symptoms, your first step should be to contact your physician and schedule an appointment to discuss what you are experiencing. If early dementia is diagnosed, early intervention may provide some symptomatic relief and allows a longer period of independent living. Your second step should be contacting an elder law attorney.

When someone receives a dementia diagnosis, the entire family goes through stages of shock and fear about the future. However, contact with an experienced elder law attorney, like the attorneys at the Hook Law Center, can help the family through this stage with proper planning. It is vital that planning be done before the disease becomes so advanced that the patient loses their capacity to sign the documents necessary to implement a plan.

One component of any plan will be reviewing and updating necessary estate planning documents. In addition, it is likely that general durable powers of attorney and advanced medical directives may need to be updated or created. These latter two documents are extremely important when diseases like dementia are in play because as the disease progresses, the natural course will be that the patient likely loses capacity at some point before death. In that situation, it is important that agents be appointed and empowered to make the decisions necessary to carry out the patient’s wishes, implement a financial plan and to protect assets. For clients who may need to rely on public benefits to help pay for care in the face of a dementia diagnosis, it is extremely important that existing powers of attorney be reviewed to ensure that the powers necessary to implement an asset protection plan are specifically granted to the agent in the power of attorney. For most people who have created powers of attorney when younger and healthier or without an eye towards public benefits planning, their powers of attorney do not contain the powers necessary to implement all of the asset protection and eligibility strategies that can be employed.

A second component of any plan will be reviewing the overall financial health of the family to determine how the family plans to pay for care when it becomes necessary. We will look at all avenues to assist in paying for care. We will discuss care at home and care in a facility. We will discuss the feasibility of maintaining the family in their home from both the patient’s perspective as well as that of the caretaker. We will discuss all the options available, including private pay and governmental benefits. When it is still possible for everyone in the family to understand and materially participate in the formation of a plan of care is the time to make the plan. By understanding the options available and how best to achieve your financial goals, we can relieve much of the stress and fear that comes from facing an uncertain future.

Unfortunately, dementia is becoming a more common diagnosis as our population ages. But the fear of running out of money and not being able to afford care should not be thrown on top of your other concerns. Make an appointment with one of the attorneys at the Hook Law Center and let us help relieve your mind by developing a plan that works for you.

Ask Kit Kat – Pesky Penquins

Hook Law Center:  Kit Kat, what can you tell us about raising Galápagos baby penguins?

Kit Kat:  Well, in some ways, it’s just like raising human children. Let me explain. Galápagos penguins are the only penguins which live north of the Equator. They are considered endangered, because only around 2,000 remain in the world. That said, their parents when raising offspring, referred to as fledglings when they are old enough to hunt for food by themselves, can be quite generous. Parents feed their young by throwing up food they have partially digested into their offspring’s mouths. In a video recently recorded by researchers from the University of Washington, one parent penguin had just finished feeding its fledgling when the youngster kept following the parent and begging for more. The parent became so frustrated, that it just dove into the water to escape! Sound familiar? When kids just become too demanding, sometimes the best thing for parents to do is to bow out of the situation.

Anyway, parent Galápagos penguins and offspring live close-knit lives. They stay close to their birthplace throughout their lifetime. They usually are very generous with their offspring, especially if food is plentiful. When food is scarce, they tend to look out for themselves. Dee Boersma, professor of biology at the University of Washington, comments ‘When conditions are good, they can raise two chicks in a season and continue to feed them (even when they are fledglings and can feed themselves). When there’s little food around, they save themselves, forgetting about both eggs and chicks.’ Oh well, what can you say? It’s definitely survival of the fittest and nature’s way of ensuring continuance of the species. In the end, parent penguins are doing the best they can. (Nicholas Bakalar, “Even Penguins Have Children Who Won’t Leave the Nest, “ Science, The New York Times, March 20, 2017)

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Hook Law Center encourages you to share this newsletter with anyone who is interested in issues pertaining to the elderly, the disabled and their advocates. The information in this newsletter may be copied and distributed, without charge and without permission, but with appropriate citation to Hook Law Center, P.C. If you are interested in a free subscription to the Hook Law Center News, then please telephone us at 757-399-7506, e-mail us at mail@hooklawcenter.com or fax us at 757-397-1267.The post Early Signs of Dementia and What to Do About Them first appeared on SEONewsWire.net.]]> http://www.seonewswire.net/2017/04/what-does-medicare-part-d-cover/ Fri, 07 Apr 2017 19:01:27 +0000 http://www.seonewswire.net/2017/04/what-does-medicare-part-d-cover/ What does Medicare Part D cover? Medicare Part D requires clients to buy plans from a private insurance company. That means that each insurer offering Part D has its own list of covered drugs, the plan formulary. In order for each…

During a House Committee on Veterans Affairs hearing, VA Secretary David Shulkin acknowledged the agency’s need to modernize its IT sector. He told lawmakers that it was time to seek outside help as the department has more important priorities than software development.

“I’ve come to the conclusion that VA … doing its own software development inside is not a good way to pursue this,” said Shulkin. “We need to move toward commercially tested products. … Right now we should focus on the things veterans need us to focus on and work with companies who know how to do this better than we do.”

The VA is currently using the self-developed Veterans Health Information Systems and Technology Architecture (VistA). The agency has been working toward updating its decades-old system without much success. Congress has been urging the VA to shift to an off-the-shelf system that has the required tools and advanced analytics capabilities.

Randall Williamson, the Government Accountability Office’s director of healthcare, expressed his support for Shulkin’s readiness to turn to a commercial EHR. However, he warned that transitioning to outside vendors is likely to bring challenges as the VA will still have to integrate the new software with existing systems such as VistA.

According to Illinois State Police, four vehicles were traveling in the left lane at a construction zone on I-64 when Driver A failed to slow for traffic and rear-ended Driver B. Driver B’s vehicle was pushed into Driver C, which then rear-ended Driver D, ultimately resulting in the four-vehicle crash. Driver B sustained seriously injuries and was flown by helicopter to an area hospital. Two passengers in Driver C’s vehicle sustained minor injuries. All vehicles were towed from the scene due to damage.

Recently, Driver B filed a lawsuit against Driver A and his employer for allegedly causing the multi-vehicle crash. According to the suit, Driver B alleges that on May 13, 2016, Driver A failed to properly operate his vehicle and reduce speed while he was acting within the scope of his employment, resulting in a collision. As a result of his negligence, the plaintiff claims she suffered physical injuries, lost wages, and incurred medical expenses.
The plaintiff requests a trial by jury and seeks judgment for an undisclosed amount in damages.

If you suffered a serious injury or lost a loved one in a work zone or construction zone accident, an experienced attorney can make a difference in your case. If you don’t have an attorney, Litigation Funding Corporation can help you find one, within 24 hours, in all 50 states. Once you retain an attorney, the process of collecting evidence and trying to get your life back to normal begins. But, many lawsuits take months, even years to resolve.

Personal injuries resulting from an auto accident both have the potential to exhaust financial resources. Everyday expenses, compounded with medical expenses and lost wages do not stop because you have been seriously injured. For many victims, auto accident litigation funding is not just a good option; it is the only option.

Litigation Funding Corporation is dedicated to helping plaintiffs fight for fair compensation and justice by offering a non-recourse cash advance against a pending lawsuit. This means that funding is completely contingent upon the outcome of the case; repayment is made once the case is won and compensation received.

It is easy to apply for litigation funding either online or by phone. If approved, the cash advance can be available in as little as 24 hours.

Your pain and suffering are more than enough for you to worry about – let us help take care of your bills. Give us a call for a complimentary evaluation of your case. One of our experienced representatives will answer any questions and help you understand the litigation funding process.

Police charged a Brooklyn man with killing his wife and dismembering her body, marking a brutal culmination to the couple’s almost decade-long history of domestic violence.

Phillip Martin, 42, was charged with murder and concealment of a corpse after the disappearance of his wife. Police said worried family members reported Diana Rodriguez-Martin, 43, missing after she did not show up to a scheduled doctor’s appointment. When asked about his wife’s whereabouts, Martin told relatives and investigators that she left in mid-January with their dog.

According to a CBS 2 New York report, investigators found Martin’s story suspicious. When police arrested him several days later, upon questioning Martin allegedly admitted to fatally hitting Rodriguez-Martin and dismembering her body. He said he disposed of his wife’s remains in a dumpster.

Neighbors described the couple’s relationship as volatile. “They argued day and night, but who would have thought it would have come to this?” one neighbor told the New York Daily News.

The couple’s history of domestic violence-related incidents dates back to 2008. Over the years, law enforcement officers were called to their home eight times for domestic violence complaints. According to police, Martin was previously arrested twice for allegedly attacking Rodriguez-Martin in 2013 and 2016. His wife also had two prior arrests for assaulting her husband.

An Arizona jury has awarded nearly $8 million in damages, resulting from an August 2013 motorcycle crash.
The 42-year-old victim was on his way home when he was struck by a drunk driver, leaving him with permanent injuries. He said due to the injuries sustained, he required surgeries on his neck and suffers increased fatigue as his day progresses.

According to reports, the negligent driver’s BAC was 0.154 at the time of the crash, almost twice the legal limit. He served three years and one month for aggravated assault in connection with the crash.

The victim and his wife filed a civil lawsuit against the drunk driver and the bar where the man was drinking prior to the crash. The suit alleged that the bar kept serving the man after it should have stopped. The jury awarded the plaintiff $5.4 million from the bar and $2.5 million from the negligent driver for past and future wages, medical expenses, and pain and suffering. The verdict and award still must be affirmed by the Supreme Court judge.

It took 3 1/2 years to obtain an award in this case, but no money has yet to change hands. This family has gone years with mounting medical bills and loss of income due to a preventable accident. Plaintiffs in cases like this will often benefit from litigation funding.

A bar can be held accountable for a personal injury or wrongful death caused by a drunk driver if there is evidence that the bar illegally served alcohol to the driver prior to the crash. This is called a dram shop claim. Dram shop liability laws vary widely state to state; it is important to consult a personal injury attorney versed in this area of the law to determine if you have a valid case.

These types of lawsuits will take a long time to sort out; the bar will likely mount a vigorous defense and a settlement or trial could be months, even years away. By the time the plaintiff is able to see a settlement, he may face financial ruin. While waiting to obtain justice, litigation funding would allow the plaintiff to stay financially afloat.

When applying for a lawsuit cash advance, an applicant only needs to provide case details to the funding company. There are no credit checks; credit history does not matter and there is no need to prove employment. Once approved, funding can be available within 24-48 hours. There are no monthly payments to make and the money can be used at the plaintiff’s discretion. Best of all, litigation funding is risk-free; the cash advance is only repaid if, and when the case successfully settles.

If you have been injured or lost a loved one due to a drunk driver, are in a pending lawsuit, and facing serious financial challenges while waiting for a settlement, you owe it to yourself to Litigation Funding Corporation for a free, no-obligation case evaluation.

Thomas A. Lane, Jr., ChFC®, CFP® of the Lane Hipple Wealth Management Group

“I HATE annuities, and you should too” is a popular marketing campaign utilized by a national investment advisory firm to create uncertainty and fear among annuity owners with the hope they will seek out their firm who will then “rescue” them from these “horrific” products.

Is there any basis or truth to such a comment? I can only assume that the owner of that firm probably does hate annuities. That said, he is making a very broad statement inferring that ALL annuities are bad, which, of course, is not the case. Annuities receive a lot of press, some good, some bad, some ugly, and deservedly so. Annuities are pushed very hard by insurance salesmen and brokers who are paid, often times, excessive commissions, by the insurance companies to peddle their products, without consideration to the needs of the individual or couple to whom they are selling the annuity. The truth of the matter is that not all annuities are bad, and not all annuities are great. In my many years of practice as a CFP® professional, I have seen all types of annuities, some of which have been a nightmare for clients in terms of fees, expenses, and poor performance, and some that have worked extremely well.

The problem with annuities is that they are often painted with a broad brush by the uninformed media as being “bad”. It is the overwhelming belief by consumers that annuities are bad that prevent them from enjoying the benefits that the right annuity can offer. As a result, when an annuity is recommended to a client by an experienced advisor who clearly has his clients best interest at heart, the client will often react defensively, and may miss out on a perfectly reasonable solution to their specific need. As with any solution to a specific planning need, annuities are not an elixir, and there is no “one size fits all”.

Types of Annuities:

Fixed, Variable, Indexed, Deferred, Immediate, Longevity. What to do these terms have in common? They all describe different types of annuities that are as different as their names imply. Unfortunately for the consumer, it is very difficult to understand the differences between the several types of annuities and more specifically, how they work, and whether or not they have a need for an annuity.

It is beyond the scope of this article to provide an in-depth description of each product, so I will provide a brief overview of each and will keep the description of each as generic and simple as possible so as to provide the reader with a basic understanding of various types of annuities.

Fixed Annuity: The simplest way to describe a fixed annuity is to imagine a tax-deferred CD. This is not to imply that a fixed annuity is a bank product that offers the guarantees associated with FDIC insured products. For example, if you purchase a five-year fixed annuity, a pre-determined fixed rate of interest is credited annually for five years. Interest is not taxable during the deferral period unless withdrawn from the contract. After five years, the annuity can be 1) “cashed in”, at which time tax would be due on the accrued interest, 2) left with the insurance company for an additional five years, or 3) exchanged (without tax[1]) for a new annuity at a different insurance company if more competitive rates are available. Barring cashing in the annuity during the “penalty” period, you can’t “lose” money in this type of annuity[2].

Indexed Annuity: Indexed annuities are similar to a fixed-rate annuity, with the exception of how the insurance company credits interest. Rather than a “declared” or fixed rate, the interest credited to the annuity is linked to an index, i.e., the S&P 500, subject to a cap. For example, if the annual cap is set at 5%, and the index earned 9%, the interest credit would be 5% for that contract year. However, if the index is negative for the year, regardless of how steep the decline, there is simply no interest credit. The annuity does not lose value. Indexed annuities also offer additional benefits, for a fee, including enhanced income and death benefits that are beyond the scope of this article.

Variable Annuity: A variable annuity (VA) is considered a “security” and can only be sold by a registered representative. A VA might be viewed as a tax-deferred mutual fund account, however, with much greater fees. VAs historically have very high fees which eat into the returns offered by these contracts. Some VAs offer “enhanced” income or death benefits that can justify paying high fees if real value is created by protecting the annuity owner and/or beneficiaries against market risk. VAs are very complex products and should be considered only when enhanced benefits are offered that are desired by the consumer. It is important to note that money can be lost in a VA as the funds are invested in sub-accounts/mutual funds that are directly invested in the equity and bond markets.

Immediate Annuity: A single premium immediate annuity (SPIA) is a contract between an insurance company and the annuitant in which in exchange for a lump-sum of capital, the annuitant receives a guaranteed stream of income, often times payable for life, or joint lives. A SPIA can maximize the amount of income the annuitant can receive from a lump-sum of capital since the payments consist of both principal and interest. A SPIA is appropriate for someone who is concerned about spending down assets during their lifetime. A good financial planner can help a client determine when an immediate annuity is appropriate, and if so, which type of payout structure is optimal to meet their needs.

Longevity Annuities: These products are similar to the above referenced SPIA and only recently have been brought to market by the insurance industry as a solution for the client who fears “living too long” and running out of money. These products, while much more complex in how payments are calculated, provide guaranteed income starting at a pre-determined age, typically as late as ages 80 or 85. The amount of income that can be generated at a pre-determined point in time can be substantial when compared to more traditional options, not due to unreasonably high rate of returns, but for the simple concept of “surviving” to the specific age when the payments commence. Mortality credits are applied to the annuitant who attains a certain age at which time the payments commence, which greatly enhances the amount of income paid.

As with any of the aforementioned annuity products, careful thought and consideration must be given before purchasing any type of annuity contract as they are very complex, and there are “the Good, the Bad, and the Ugly” in terms of product choices for every type of annuity. I suggest that you consult with a qualified advisor who understand how annuities work and will act in your best interest when recommending a annuity product to meet your specific needs.

A excellent resource for information about all types of annuities can be found at www.annuityfyi.com. I have often used this site during my career when researching various annuity products for our clients.

[1] via a 1035 Exchange, which if done properly allows an annuity owner to “exchange” on annuity for another company’s annuity without paying tax on the accrued interest.

[2] Principal is guaranteed by the issuing life insurance company. Losses may be suffered if the annuity contract is surrendered during the first five years.

By Thomas D. Begley, Jr., Esquire, CELA

When Should You Consider a Bloodline Trust?

A Bloodline Trust offers protection to your children from: (1) divorce, (2) creditors, (3) death of children and subsequent remarriages of children’s spouses, and (4) squandering the money.

Divorce

The old saying, “We can pick our friends, but we can’t pick our family,” is particularly applicable in the case of sons- and daughters-in-law. Often, our children choose wonderful, trustworthy spouses with whom we get along very well. But occasionally, they choose partners who cannot be trusted, leaving us concerned for the emotional and financial well-being of our children and grandchildren.

A child’s poor choice of spouse can translate into a parent’s estate planning headache, particularly when there is a divorce. With 50% of all marriages and 70% of second marriages ending in divorce,[1] this is not an uncommon dilemma. If there is a divorce, your son or daughter-in-law may wind up with 50% of your child’s inheritance.

If you want to protect your child’s inheritance from an irresponsible spouse or ex-spouse, consider establishing a bloodline trust.

Creditor

If you leave your estate to your child and the child is later sued, the child’s creditors can attach the inheritance. The creditor may wind up with 100% of your child’s inheritance. However, if the inheritance is left in a Bloodline Trust, it is protected from claims of creditors.

Who Serves as Trustee of the Bloodline Trust?

There are two options with respect to the trustee of the bloodline trust. First, if there is a responsible child and the concern is to protect the money from creditors, divorce, or death of your child, then the child could be sole trustee and be given total charge with respect to distributions from the trust. Your child, acting as trustee, can distribute principal and income to or for the benefit of himself or herself or to his or her children. A sibling or friend could be named as successor trustee. If the child is sued by a creditor or spouse for divorce, then the child is removed as trustee and the sibling is substituted as successor trustee. When the lawsuit is ended, the child is reinstated as trustee and the sibling is removed as trustee. If your child dies before the money is all spent, you may want it to remain in trust for your grandchildren. At that time, divorce is no longer an issue, so the son or daughter-in-law could serve as trustee for their child’s share.

Second, if you are concerned about your child squandering the money, it is better to get an outside trustee. A sibling could serves as trustee, but they are put in a position where your irresponsible child is constantly asking for money and your responsible child should be saying no. This causes strain in family relationships. A professional outside trustee is better in that situation. If a professional outside trustee is used, a sibling should be given the power to remove and replace that trustee if things don’t work out.

[1] Divorce Magazine, http://www.divorcemag.com/statistics/stats.US.html

Attorney Thomas D. Begley, Jr. of the Begley Law Group was selected to the 2017 New Jersey Super Lawyers list.

The New Jersey Super Lawyers list designation is bestowed upon lawyers who have been judged to have extensive professional achievements, exemplary ethical standards, and are held in esteem by their peers. The process in which an attorney is selected as a Super Lawyer includes stringent peer nominations, evaluations, and research by third parties. Only five percent of attorneys are selected. Attorney Begley has been named a Super Lawyer annually since 2008.

The continued Super Lawyer designation is a clear indication that the Begley Law Group, P.C., has the recognition of peers for extensive experience and knowledge in their practice areas.

“We are immensely proud of our reputation and our work supporting the individuals and families in New Jersey area,” commented Certified Elder Law Attorney Thomas D. Begley, Jr. “We take our commitment to the rights of the elderly and disabled seriously and appreciate that our dedication has been noted.”

Approximately four hours later, police located the negligent driver at an auto repair shop. Police said he was clearly intoxicated, but refused to take a breathalyzer test. He was arrested and charged with driving while impaired, aggravated unlicensed driving, refusal to take a breath test, and driving a vehicle without an interlock device.

The fact that he has been charged with driving a vehicle that doesn’t have an interlock device reveals that he has had at least one prior DWI conviction. In 2009, Leandra’s Law made it so that anyone who was found guilty of Driving While Intoxicated after August 15th, 2010 would need to have an ignition interlock device installed on each vehicle they own or regularly operate.

He will likely face additional charges of vehicular manslaughter, officials said. According to reports, the negligent driver has had his license revoked at least twice before, most recently in 2014.

While this is a devastating time for the bicyclist’s family, his wife should consult an experienced auto accident attorney to understand her rights. A wrongful death lawsuit can compensate the family for funeral and burial expenses and provide compensation for the loss of his income, loss of consortium, and even emotional trauma.

In the meantime, neighbors have started taking donations to help the family with this unexpected loss. However, the donations may not be enough to survive a long legal process. Once a lawsuit is filed, the family may wish to apply for litigation funding, a lawsuit cash advance in exchange for a portion of the future proceeds of the case.

Litigation Funding Corporation is a reputable legal finance company helping victims regain control of their lives and their finances while their attorney focuses on strengthening their case to obtain the compensation justly deserved. Our cash advances are based on the strength of the case; credit and employment are irrelevant. If approved for funding, the money can be available in as little as 24 hours.

Litigation funding is risk-free because repayment is contingent upon a successful recovery. If the case is lost, however, repayment is excused.

In the right situation, for the right plaintiff, litigation funding is clearly a service that plaintiffs should consider at a strategic time in the litigation. If you are the victim of an auto accident a civil suit could be your only recourse when attempting to recover the costs of medical expenses, funeral expenses, lost wages, or other economic damages. After filing a lawsuit, if you are experiencing financial hardship, contact Litigation Funding Corporation for a “staying power” advantage, so you can fight for justice and the compensation you deserve.

A tractor trailer driver is being charged after he left the scene of a fatal crash in Jackson County, West Virginia on March 30.

State Police said that the tractor trailer slammed into a pick-up truck, virtually destroying the pick-up and killing its 33 year old driver instantly. The pick-up became stuck under the semi and was dragged more than a mile before it became detached from the tractor trailer. The trucker, then, drove another 1.5 miles before stopping. He was seen trying to remove evidence that was on his rig. There was also no indication that he was going to call the police or return to the scene, according to reports.

The tractor trailer driver has been charged with leaving the scene of an accident. He is also charged with allegedly providing false information to police. The exact cause of the crash is unclear; the investigation is ongoing.
Despite criminal charges, the family of the deceased man can seek justice through a wrongful death lawsuit.
Tractor trailer accident cases can take a long time to settle. In fact, it is not uncommon for it to take a minimum of two yeas before the case is resolved and a settlement reached. If the family of the deceased man is urgently in need of money to stay financially afloat, litigation funding may be the best option.

Litigation funding financially empowers plaintiffs to pursue their case long enough to obtain the maximum settlements they deserve. This cash advance is based strictly on the merits of the lawsuit, not credit rating or employment history.

At Litigation Funding Corporation, we make the application and funding process hassle-free. There are no credit checks, employment verification, monthly payments, or out of pocket expenses. Unlike many legal finance companies, we handle every aspect of the funding process in-house. That means a faster review and approval process.

After receiving an application, we contact the plaintiff’s attorney for some information on the case and to gather additional details. Then, our underwriters will use the information to make a funding decision. Once an application is approved, cash can be available within 24 – 48 hours. The cash advance is provided on a non-recourse basis meaning that repayment is secured through the settlement and repayment is made an award or settlement is received. If the case is lost, the plaintiff keeps the cash advanced, no questions asked.

If you are seriously injured or lost a loved one in an auto-tractor trailer accident and filed a lawsuit, but the bills are piling up and you desperately need financial support, call Litigation Funding Corporation or apply online for a lawsuit cash advance.

In Norfolk many improvements are providing benefit to residents of all ages, including those in or nearing retirement. If you take a drive around downtown Norfolk you will see numerous apartment buildings that have sprung from the shells of old buildings, offering living options in an area that formerly had limited housing stock. An accessible new library was recently completed and the courthouse is on phase two of construction, respectively. If you open your ears you hear the soft “ding” of the light rail as it approaches. Look up on Granby Street and you will see lighted archways at night, providing much better illumination than in previous years. These features have made downtown much more vibrant generally but also more accessible and livable to those 65 and older. Further west down Norfolk’s southern waterfront a new senior living residence tower is planned, which will offer expanded inventory for those who wish to downsize into a community that can accommodate care needs.

The new construction in Norfolk is illustrative of broader changes happening throughout Hampton Roads. Construction and expansion of current care facilities throughout the region has been joined by increased independent retirement homes popping up in Suffolk, Virginia Beach, and elsewhere throughout the region. Soon, a new Veterans Administration facility will be here to provide assistance to our veteran population in Hampton Roads with significant care needs.

A major concern for many seniors is transportation and here technology and new developments are also leading the way. Phone applications like Uber and Lyft have made it unnecessary for many to have a car, including seniors. Furthermore areas like downtown Norfolk, Town Center, the Oceanfront, Old Town Portsmouth, and others are readily walkable and do not require a car for everyday needs. Many of our clients are choosing to sell their cars and find that they (and their family members) are relieved that driving is no longer necessary and car maintenance is a thing of the past.

Medical innovation and improving in-home care are also improving the quality of services to the disabled in our community. E-health and telemedicine are becoming more prevalent, which allows doctors to provide nearly 24/7 access to patients. Despite the trend away from house calls there are physicians in the area who are willing to meet with patients in their home. Also, families can now take a more “hands on” approach to managing in-home care providers (such as nurses and care assistants), even if they live out of the area. Modern technology provides the opportunity to coordinate what used to be a job that could only be done on-site. Additionally, tax withholding and other administrative tasks are increasingly be assisted by care agencies themselves, or online vendors, which helps families avoid common missteps seen when employing in-home caregivers and other employees.

In addition to new buildings, transportation options, and medical services, the growing senior population has given rise to more social, charitable, and special interest groups geared to that population’s needs. There are charities that match companions with individuals in assisted living and nursing facilities. Social groups for seniors allow the forging of new friendships and connections later in life. These connections provide vastly improved social wellbeing for many of our clients who have lost friends or spouses.

At Hook Law Center our staff and Elder Law attorneys constantly try to keep up with all of the new developments benefitting our clients. As you can see these developments are often not legal ones. By taking a holistic approach to the needs of our clients we feel our clients’ plans are better coordinated for their benefit.

Ask Kit Kat – Western Ferrets

Hook Law Center:  Kit Kat, what can you tell us about ferrets returning to the Western prairies?

Kit Kat:  Well, this is a success story! As recently as 1981, the ferret was thought to be extinct on the Western prairie. Once they roamed from Saskatchewan to the Mexican state of Chihuahua. However, in 1981 one was discovered on a ranch in Wyoming. It had been found dead by the owner of the ranch, but Allen Hogg was a ferret devotee, his devotion instilled in him by his mother. Hogg immediately contacted the Wyoming Department of Game and Fish. They sent a horde of researchers and field technicians. They were ecstatic to find 100 ferrets living on Hoggs’ Lazy BV Ranch and its neighbor, the Pitchfork Ranch. Ferrets are carnivores whose favorite meal is the prairie dog. Ferrets can’t live without them being in close proximity. They live in the tunnels that prairie dogs have created and only venture out at night. Their telltale green eyes alert you to their presence. When ranchers started eradicating the prairie dog because they were consumers of the same grasses they wanted for their cattle, the ferret declined quickly.

So back to the ferrets’ reappearance in 1981.Things were going well until both prairie dogs and the ferrets started to die from disease. It turns out prairie dogs are susceptible to fleas which carry sylvatic plague, the same plague that killed so many in Europe in the Middle Ages. Without their food source, the ferret could not survive. The ferret, in turn, is susceptible to canine distemper, a deadly illness. The combination of the 2 maladies reduced both populations. By 1987, there were only 18 ferrets left. The U.S. Fish & Wildlife Service decided to intervene and breed the ferrets in captivity, while others worked on the disease problem. The plan worked– in 30 years, 8,500 kits have been born. They are then released into the wild. Trial and error has resulted in the ferrets being vaccinated against the plague, and the prairie dogs receive protection through insecticide scattered in their burrows. It’s not 100% perfect, but it has increased the survival rate. In addition, ranchers now have an incentive to let the ferrets thrive in the wild. Rule 10 J of the Endangered Species Act protects landowners from culpability if a protected species, like the ferret, is accidentally harmed on their property. It’s good for all parties involved, and we Americans get to enjoy the lovely ferret once more. (Scott McMillion, “Return of a Ghost,” Nature Conservancy, Spring 2017, p. 36-41)

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Hook Law Center encourages you to share this newsletter with anyone who is interested in issues pertaining to the elderly, the disabled and their advocates. The information in this newsletter may be copied and distributed, without charge and without permission, but with appropriate citation to Hook Law Center, P.C. If you are interested in a free subscription to the Hook Law Center News, then please telephone us at 757-399-7506, e-mail us at mail@hooklawcenter.com or fax us at 757-397-1267.The post Healthy Aging in Hampton Roads: The Future Looks Bright! first appeared on SEONewsWire.net.]]> http://www.seonewswire.net/2017/03/new-bill-to-launch-mental-health-treatment-program-for-veterans/ Fri, 31 Mar 2017 20:00:02 +0000 http://www.seonewswire.net/2017/03/new-bill-to-launch-mental-health-treatment-program-for-veterans/ Two senators introduced legislation that seeks to provide cutting-edge medical treatment for veterans struggling with mental health issues. The No Heroes Left Untreated Act will open up treatment options to veterans with post-traumatic stress disorder (PTSD) and traumatic brain injury…

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