The loss of a nursing license can completely destroy a career. Even a temporary license suspension may create difficulties in finding another position.

A nursing professional can face an investigation for misconduct based on allegations such as failure to properly maintain medical records, criminal convictions, abuse or neglect of patients, gross negligence or practice under the influence of alcohol or drugs.

New York nurses are governed by the state Department of Education’s Office of Professional Discipline (OPD). The office is responsible for investigating complaints of professional misconduct against a licensee. Their scope of investigation includes examining documentation and interviewing coworkers, patients and friends. Besides imposing fines or probationary terms, they may also suspend or revoke licenses.

Physician assistants accused of failing to meet the standards of practice may face investigations by the Office of Professional Misconduct (OPMC). Along with coordinating disciplinary hearings, the office is responsible for investigating every complaint, regardless of merit. As a result, OPMC investigations are serious and have the potential to destroy an individual’s professional reputation and career. The OPMC has the power to revoke, suspend or limit licenses.

A nursing professional or physician assistant whose license is threatened by a disciplinary proceeding should immediately seek the help of an attorney. The attorney can provide legal guidance on how to protect one’s rights and avoid the risk of losing one’s professional license. Do not ignore an investigation in the hopes that the matter will be resolved on its own.

David Bergstein and co-defendant Keith Wellner were arrested in California and New York respectively, according to the FBI. Bergstein is the chief executive of private equity firm Cyrano Group Inc. while Wellner is the former chief operating officer and general counsel of Weston Capital Asset Management, an advisory firm.

Prosecutors claimed the defendants allegedly defrauded Weston’s hedge fund investors by devising a plan to hide details about transactions that involved their funds. Bergstein and Wellner transferred money from one group of Weston investors to pay another. According to the indictment, they also used millions of investor dollars for their own benefit.

Bergstein and Wellner could face from five to 20 years in prison, in addition to hefty fines ranging from $10,000 to $5 million per offense. Wellner is a repeat offender who was prohibited from working in the securities industry after previously settling fraud charges with the Securities and Exchange Commission.

Bergstein’s movie credits as executive producer include the 2004 comedy “The Whole Ten Yards” and 2015 film “In the Heart of the Sea.” Five of his movie companies went bankrupt in 2010, according to court records.

Gabriel Young, 26, and his co-defendant Omar Hidalgo pleaded guilty to a felony charge of second-degree criminal possession of a forged instrument. Young was sentenced to one to three years in prison in Westchester County Court.

Hidalgo tried to purchase an iPad from a Best Buy store in Hartsdale in December 2015. He was carrying a forged credit card with the name Daniel Lopez. Hidalgo also had a forged Georgia driver’s license that had Lopez’s name but his photo on it.

A store manager approached nearby police officers after he thought the credit card and license looked suspicious. The officers, who had already been on site, determined them to be fraudulent.

Hidalgo left Best Buy and got into a rented vehicle with Young in the driver’s seat, according to authorities. Police removed them from the car and found the forged license along with multiple forged credit cards in Hidalgo’s wallet. An initial search of the car revealed a cellphone, four forged credit cards and some cash.

After the car was impounded, investigators found another 83 forged credit cards under the passenger floor, along with a forged Connecticut license. Young had used one of the credit cards to buy food from a Smash Burger restaurant in the area before his arrest. Police also recovered several PlayStation 4 game systems and dozens of gift cards.

In New York, credit card fraud is a felony offense that is aggressively prosecuted. As a result, individuals charged with the crime need an experienced defense attorney on their side.

Consider this example. Your mother created a Revocable Living Trust which divides one share of the trust among her then-living grandchildren, to be held in further trust for their benefit until they reach age 30, when they are entitled to an outright distribution of the remaining assets of their separate trust, and distributions are purely discretionary until age 30. When this trust was created, your daughter, who has Down Syndrome, was not yet born and like most people, your mother didn’t think to update her trust as a result of your daughter’s disability. When your mother dies, your daughter is 28 years old, is receiving SSI, lives in her own apartment that is subsidized by Section 8, and receives in-home support which is provided by a Medicaid waiver – she is happy and you know that your daughter’s current benefits and living arrangements provide a plan for her continued independence upon your death, and the loss of those benefits would jeopardize that plan. Your gut tells you that your daughter’s inheritance could be detrimental so you call Hook Law Center, and we inform you that a distribution of the assets at age 30 would cause your daughter to go over the $2,000 asset limit which would result in your daughter’s ineligibility for public benefits. We also explain that since your daughter is not yet 30, that pursuant to Virginia law, the trustee of the trust may exercise a decanting power by assigning trust principal or income to the trustee of a second trust (without the approval of the court of the beneficiaries) and that this second trust may be a special needs trust to protect your daughter’s public benefit eligibility.

While we have had to decant an old irrevocable trust into a special needs trust on a number of occasions, the question has often been whether this new second trust would be considered by the Social Security Administration and Medicaid offices to be a first-party special needs trust subject to a Medicaid payback, or whether this new trust would be considered a third-party supplemental needs trust. The first notable case pertaining to this issue was In the Matter of the Application of Alan D. Kross (N.Y.Surr.Ct. (Nassau Cty.), No. 2012-369907, Sept. 30, 2013). In that case, Daniel Schreiber was the beneficiary of his grandfather’s trust. Pursuant to the terms of the trust, Daniel was entitled to discretionary distributions of income and principal until age 21. Upon the age of 21, Daniel was entitled to mandatory income distributions paid at least quarterly, half of the principal at age 25, half of the remaining principal at age 30, and the balance of the trust assets at age 35. These mandatory distributions would have disrupted Daniel’s eligibility for SSI and Medicaid, so the trustees filed a petition requesting the court to approve the decanting of trust assets into a new third party supplemental needs trust prior to Daniel’s 21^st birthday. The court determined, in addition to other things, that because the old trust was a third party trust, the decanting of the trust assets occurred prior to Daniel’s right to receive the mandatory distributions. Therefore, decanting into the third-party supplemental needs trust was proper, and that no Medicaid payback would be required for the new trust. The New York State Department of Heath appealed the decision, which was upheld by Supreme Court of New York, in Matter of Kroll v. New York State Department of Heath.

The breadth of this case’s impact is not yet known. It may be that this case, only sets a precedent in New York when a beneficiary has not yet obtained the age to receive the outright distribution, or it may extend to all states and in cases where the distribution standards of the trust cause the trust to be an available resource. Regardless of the impact, those of us that focus on helping persons with special needs now have something we can turn to in considering how the decanting of a trust into a special needs trust may be treated in the future.

Ask Kit Kat – Pet Sitters

Hook Law Center:  Kit Kat, what should someone look for in the ideal pet sitter?

Kit Kat:  Well, there are several things you can consider when deciding to hire a pet sitter. Some need a sitter while they are away at work, and others only require them while they are away on vacation. My parents use a local pet sitting service called Critter Care. They’ve used it for many years going back to the early 1990s. Over the years, we’ve had several caregivers, but all have been excellent. Critter Care screens its employees; they are bonded, so the hard work is done for you. During each caretaking session, the caregiver keeps a daily log of when they arrive and leave your house. They also write observations about how your pet(s) behaved while they were tending to them. As a bonus, they will take in the mail and trash and even water plants that might be in flower pots. Fees are based on the number of pets and number of visits needed. Since we are an all-cat family, once a day is sufficient, but they will come as often as you like. We really like this, because we get to stay in our own house, and do not have to go to the vet and hear dogs barking at all hours of the day and night. We cats find that very off-putting!

Other possible sources for finding pet sitters are through national associations such as the National Association of Pet Sitters (NAPPS) and Pet Sitters International. Or your vet may have some recommendations. Sitters through associations usually have the advantage of being able to read reviews of the possible candidates. Make sure before hiring someone, you actually interview them and see how they interact with your pet. Sometimes your instincts are the best guide. Wendy Pridgen of Boyds, Maryland says, ‘Sometimes you just have to trust your gut and go with what feels right to you.’ And if Ms. Pridgen’s experience is any guide, there will be ups and downs in the process. At first, she hired a college student, and things worked out for a year. Then, the college student became erratic. She used her to take care of her 2 large dogs who needed to be walked during Ms. Pridgen’s long work days. There were signs the student wasn’t coming, so Ms. Pridgen left a broom by the door the student would enter. Ms. Pridgen exited by another door. When she found the broom hadn’t been disturbed, she knew the student wasn’t taking care of her dogs. The student was fired, and she eventually found a new one through a listing on a bulletin board of a local convenience store.

So, be aware that when you hire a pet sitter, it’s like anything else. Sometimes your first efforts will not be successful, but you keep on trying until you find a good fit for both you and your pet. (Ruthanne Johnson, “Someone to watch over them,” All Animals, November/December 2016, p.34-37)

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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 Decanting an Irrevocable Trust to Protect Public Benefit Eligibility first appeared on SEONewsWire.net.]]> http://www.seonewswire.net/2016/11/ex-bronx-teacher-faces-up-to-20-years-in-prison-for-child-pornography/ Mon, 21 Nov 2016 19:48:37 +0000 http://www.seonewswire.net/2016/11/ex-bronx-teacher-faces-up-to-20-years-in-prison-for-child-pornography/ A former high school teacher at the Bronx High School of Science pleaded guilty to receiving child pornography in Manhattan federal court on September 23. The charge carries a mandatory five-year prison sentence with a maximum of 20 years. Jon…

Devon Guishard led the identity theft ring. He and Tameek White were charged with felony grand larceny in the September 26, 2015 scam. Patricia Fields and Michael Maurice Grayson were charged with felony identity theft.

Grayson and Fields adopted the identities of a Florida doctor and a retired FBI agent from Ohio in order to obtain financing for the vehicle. They forged their U.S. passport cards and drivers’ licenses. The duo also used the victims’ Social Security numbers and forged their signatures on various applications and purchase papers, including registration and insurance.

According to the Westchester County District Attorney’s Office, White brought a down payment of $9,000 to the car dealership so that the purchase would appear genuine. White updated Guishard about the sale’s progress via cellphone. Guishard arrived at the dealership when the transaction was completed and drove the vehicle away.

The group intended to resell the vehicle in other states. Investigators located the stolen car in Texas. Authorities found the identity theft ring conducted similar luxury car scams elsewhere in New York, as well as Arizona, California, Maryland, New Jersey and Texas.

White was sentenced on August 5 to time served in jail. Fields and Grayson each face between one to three years in prison. Guishard will be sentenced to two to four years in prison.

New York criminal defense attorney Peter E. Brill of Brill Legal Group appeared in an exclusive interview on WHDT World News with journalist Mark Maxwell about a topic that has sparked debate among the legal community. In the October 11 interview, Brill discusses the ethics and ramifications of Donald Trump’s repeated threats to jail Hillary Clinton.

Brill comments on whether there is any legal precedent for a president to launch a targeted investigation against a political opponent. Trump has claimed he will appoint a special prosecutor to investigate Clinton’s use of a private email server if he becomes president. The Republican nominee led the audience in chants of “lock her up” during his October 10 rally in Pennsylvania.

In the interview, Maxwell also asks Brill for his views on FBI Director James Comey’s decision to not prosecute the Democratic candidate in the email case and whether he thinks a special prosecutor should have been appointed from the very beginning. Brill, who is one of only two New York attorneys to be certified by the National Board of Trial Advocacy in Criminal Law, sheds light on the topic by sharing his knowledge of the inner workings of the Justice Department.

Florida was no stranger to this. Several years ago, lawmakers had enacted strict caps on plaintiff attorney fees that had some law firms being paid less than minimum wage. There was also a provision that limited workers to two years of temporary disability pay, regardless of whether they were actually able to return to work. Just this summer, the Florida Supreme Court struck down those provisions.

Now, as reported by ProPublica (which has been delving deep into this issue since last year), the Oklahoma Supreme Court has declared Oklahoma’s opt-out provision of workers’ compensation law unconstitutional. The opt-out system basically gave employers the right to write their own plans. It was the employer who decided the rules for which injuries would be covered. The employer dictated which physicians workers were allowed to see. Employers also decided how workers were to be compensated and how grievances would be handled. In some cases, companies even required work-related injuries to be reported on the very day they happened – unlike the 30-day window granted by the state – or else the injury wouldn’t be found compensable at all. The state high court ruled that these provisions rendered the opt-out system a violation of worker rights because it treated some workers (employees of those companies) differently than others.

The law was originally passed following an aggressive and concerted effort by a national and organized effort large firms, including the biggest companies in trucking, health care and retail. They pushed hard to pass similar laws across the U.S., primarily in the Southeastern part.

An investigation by NPR and ProPublica last year revealed these “opt-out” plans – touted as “worker-friendly,” “affordable,” and “faster,” in fact resulted in lower benefits and more restrictions for workers than they would face under workers’ compensation laws. That story was part of a larger series on how states had been systematically deconstructing workers’ compensation laws – piece by piece – to the detriment of injured workers.

This decision in Oklahoma is actually the second handed down by the high court in that state this year on the workers’ compensation issue. In the spring, the court overturned a provision that significantly reduced workers’ compensation benefits to those workers who suffered severe, permanent and disabling injuries. Unfortunately here in Florida (as well as New York and Tennessee) that same kind of provision still exists.

If you have been injured at work in Miami or in a Miami construction accident, we will help fight to ensure you and/or your loved ones receive fair compensation.

Call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Oklahoma’s Top Court: Companies Can’t Set Own Rules for Injured Workers, Sept. 13, 2016, By Michael Grabell, ProPublica

More Blog Entries:

Burger King Corp. v. Lastre-Torres – Third-Party Liability for Florida Work Injury, Sept. 18, 2016, Miami Work Injury Lawyer Blog

Some special education experts say that New York’s assessment tests, aligned with Common Core standards and intended to improve student achievement, are not producing good outcomes for students with disabilities.

Last year, throughout the state, there were 190 school districts in which no third-grade special education students were proficient on the language arts test. In New York City, only 12 percent of students with disabilities scored “proficient” or higher in math; in English it was 7 percent. Critics say that special education students should not have to take the same exams that are taken by students without disabilities. Last year, 20 percent of all New York students opted out of taking the exams.

On the other side of this debate are special education advocates who say that setting high standards for students with disabilities encourages them to achieve. These advocates say that with the right supports and services, special education students can score just as well on these exams as their peers without disabilities.

PS 172 in Brooklyn is one school that has improved the performance of its special education students on Common Core exams. At PS 172, 27.6 percent of the students have individualized education programs (IEPs), well above the 18 percent citywide average. The school prides itself on personalized instruction and integration of special education students with the general education classroom. The school uses “push-in” therapists and teachers who come to the general classroom to work with students who need their services, rather than removing the students from class. This helps reduce the stigma of special education and ensures that students do not miss out on the culture of the classroom.

The results at PS 172 speak for themselves. Of the 70 students from grades 3 to 5 tested last year, nearly all were proficient in math, and about 60 percent were proficient in language arts.

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

Was this article of interest to you? If so, please LIKE our Facebook Page by clicking here or sign up for our monthly newsletter.

According to the complaint filed by the plaintiff, the girls’ mother suffered from preeclampsia that was not caught in time. She suffered a seizure, which in turn resulted in the placenta of the identical twins becoming detached from the womb. The twins died shortly thereafter. They were stillborn at just shy of 34 weeks.

That was back in March 2009. The girls’ mother filed a lawsuit in 2011 against the hospital, two doctors and the employer of one of the doctors in connection with the death. 

After years of discovery and various proceedings, plaintiff’s attorneys managed to broker the $4.25 million settlement for wrongful death of the girls and pain and suffering on her behalf. The girls’ father was not party to the proceeding, though the mother did ultimately agree to pay him 35 percent of her share, which was 60 percent after attorneys’ fees.

The two doctors didn’t consent to the settlement, and therefore they didn’t contribute to it either. It’s unclear based on the Times-Tribune report whether the claims against the physicians have been fully resolved. The doctors’ refusal to consent and contribute may have played some part in the judge’s decision to reject a request from the defense to keep the settlement agreement a secret. This is a common provision in many medical malpractice settlement agreements. It’s important to defendants in these situations to maintain their reputation. When they can keep details of discovery – and how much they paid for the claim – a secret from the public, they prevent that information from being used against them by future claimants. They also get to preserve their reputation, in many cases by paying more so they don’t have to admit wrongdoing.

However, the judge in this case declined to grant the defendants that request, citing the public’s right to know and saying this outweighed the concerns of defense attorneys, who argued that the release of this information would make it less likely that hospitals and doctors would agree to settle medical malpractice lawsuits in the future.

The judge in his ruling stated that court records are supposed to remain open, except in exceptional circumstances. Plus, this case had already been detailed extensively by the local newspaper, which meant much of the information that might otherwise have been confidential had already been publicized.

For those who may be unfamiliar, preeclampsia is a condition of pregnancy that is characterized by high blood pressure, as well as damage to some other system of organs – often the kidneys. Even the slightest elevation in blood pressure could be an indication of preeclampsia, which is why doctors have to monitor pregnant women closely. If the condition goes untreated, it could result in serious and even fatal complications for both mother and baby.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Judge refuses to seal $4.25 million settlement in baby death case, Aug. 23, 2016, By Terrie Morgan-Besecker, The Times-Tribune

More Blog Entries:

Jury Awards $53 Million to Plaintiffs in Birth Injury Lawsuit, July 15, 2016, Miami Birth Injury Lawyer Blog

Some special education experts say that New York’s assessment tests, aligned with Common Core standards and intended to improve student achievement, are not producing good outcomes for students with disabilities. Last year, throughout the state, there were 190 school districts in which no third-grade special education students were proficient on the language arts test. In New York City, only 12…

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Some special education experts say that New York’s assessment tests, aligned with Common Core standards and intended to improve student achievement, are not producing good outcomes for students with disabilities.

Last year, throughout the state, there were 190 school districts in which no third-grade special education students were proficient on the language arts test. In New York City, only 12 percent of students with disabilities scored “proficient” or higher in math; in English it was 7 percent. Critics say that special education students should not have to take the same exams that are taken by students without disabilities. Last year, 20 percent of all New York students opted out of taking the exams.

On the other side of this debate are special education advocates who say that setting high standards for students with disabilities encourages them to achieve. These advocates say that with the right supports and services, special education students can score just as well on these exams as their peers without disabilities.

PS 172 in Brooklyn is one school that has improved the performance of its special education students on Common Core exams. At PS 172, 27.6 percent of the students have individualized education programs (IEPs), well above the 18 percent citywide average. The school prides itself on personalized instruction and integration of special education students with the general education classroom. The school uses “push-in” therapists and teachers who come to the general classroom to work with students who need their services, rather than removing the students from class. This helps reduce the stigma of special education and ensures that students do not miss out on the culture of the classroom.

The results at PS 172 speak for themselves. Of the 70 students from grades 3 to 5 tested last year, nearly all were proficient in math, and about 60 percent were proficient in language arts.

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

Was this article of interest to you? If so, please LIKE our Facebook Page by clicking here or sign up for our monthly newsletter.

U.S. Attorney for the Southern District of New York, Preet Bharara announced the charges and stated that the Criminal Investigation unit of the Internal Revenue Service and the Postal Inspection Service had contributed to the investigation. Prosecutors allege that Scali misappropriated funds and evaded his tax obligations.

According to prosecutors, Scali allegedly sought to defraud a prospective purchaser of real estate by misappropriating funds that had been held in escrow. He is also accused of failing to file personal and corporate tax returns and misleading the IRS as to the years for which he had not filed tax returns and his reasons for failing to do so.

The indictment also claims that Scali committed perjury and obstruction of justice when he allegedly provided false information in federal court.

Scali was arrested and arraigned on July 8. The six individual charges he faces each carry maximum sentences of between 3 and 20 years in prison. He is presumed innocent unless and until proven guilty.

U.S. District Judge Robert Sweet sentenced Owen Li, the founder of Canarsie Capital LLC, to probation. The judge earlier indicated that he was likely to give Li a five-year prison sentence, which was in line with the recommendations of prosecutors and less than the sentence advised by federal guidelines. The judge reconsidered, saying that Li had done “all a human being could do” to “clean up the tragedy” and take responsibility for his crimes.

In December, Li pleaded guilty to securities fraud and making a false statement. Over a period of three weeks in January 2015, Li lost nearly all of the $57 million in investments that he was overseeing, after moving most of the portfolio into market index options whose value collapsed soon afterwards. Prosecutors said that Li misled the U.S. Securities and Exchange Commission and overstated the performance of the fund to investors.

Assistant U.S. Attorney Michael Ferrara said that Li showed “exceptional” cooperation, but a prison term would still be justified as a deterrent to others.

Securities fraud charges can be complex and may involve related investigations by multiple agencies. Anyone accused of financial crimes needs representation by an attorney with extensive experience in these matters.

http://www.thefiscaltimes.com/latestnews/2016/06/13/Prompting-gasps-judge-spares-NY-hedge-fund-executive-prison-fraud

For example in wrestling, there is an inherent risk of a torn muscle. In rock climbing, there is an inherent risk of a fall. Some of these risks cannot be eliminated without altering the very nature of the activity.

However, that does not mean there is never liability established when injuries occur during sports or recreational activities. Sometimes, it comes down to whether the risk was inherent. Other times, it comes down to whether the facility/entity owed a duty of care to the person injured. In other cases, it’s a matter of whether the facility/ entity knew or should have known there was a danger.

A recent case out of New York illustrated these principles. 

In Lik v. L.A. Fitness, plaintiff filed a personal injury lawsuit after he suffered an injury while playing a game of basketball at defendant’s gym. Plaintiff alleged he suffered a knee injury after falling on a floorboard that was defective. His lawsuit was filed with the Nassau County Supreme Court.

Defendant responded to the complaint with two legal theories. First, the defendant argued that plaintiff was participating in a sporting activity that involved inherent risks, which plaintiff assumed by engaging in that activity. One of those risks, defendant argued, was falling to the ground. Therefore, plaintiff’s injury wasn’t caused by any negligence on the part of defendant, but rather because of that inherent risk. Secondly, defendant argued plaintiff had failed to present enough evidence that a defect in the floor even existed. However, if a defect did exist, defendant argued, there was no evidence defendant had the required notice – actual or constructive – before this happened. That is, in a premises liability lawsuit like this, plaintiff has to show not only was there a dangerous condition, but that defendant knew or should have known about it. Defense argued it conducted regular premises checks, and there had been no indication the floorboard where plaintiff fell was defective.

Based on all this, defendant moved for summary judgment.

Plaintiff countered this shouldn’t be granted because defendant had not shown it was entitled to summary judgment as a matter of law based on the “assumption of risk doctrine” because he wasn’t arguing the gym was responsible for his fall. Rather, he was arguing the gym was responsible to the injury to his knee caused by the defective floorboard – which is not an inherent risk assumed when playing basketball.

Aside from that, plaintiff argued defendant hadn’t proven there was no factual dispute regarding the actual/ constructive notice element. Specifically, defendant stated the court had been inspected, but there was no documented proof as to when or how often or what aspects of the court those inspections examined.

The judge separated the arguments into two separate issues: The actual/ constructive notice issue and the assumption of risk.

With regard to the assumption of risk, the court ruled it’s a question of fact whether conditions caused by the gym’s alleged negligence are unique or whether there was a danger over and above what would normally be expected in the game. Secondly, with regard to notice, the court pointed out there was no testimony from an employee regarding the reported prior inspections, and neither was any document submitted.

Therefore, the judge declined to grant summary judgment to defendant and set the next court date for this month.

If you have been a victim of a Florida personal injury, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Lik v. L.A. Fitness, May 5, 2016, Nassau County Supreme Court

More Blog Entries:

Reducing Brain Injuries in Children Goal of Pop Warner Nixing Kickoffs, May 17, 2016, Florida Premises Liability Lawyer Blog

Williams Wells, 42, pleaded guilty in federal court in Manhattan to one count of wire fraud and one count of securities fraud, according to the office of U.S. Attorney Preet Bharara. Each of the counts carries a maximum fine of $5 million and a maximum sentence of 20 years in federal prison.

Authorities said that Wells engaged in the scheme from September 2009 until his arrest on October 1, using his firm, Promitor Capital LLC, to obtain investment funds by making false claims that he had consistently achieved positive returns in U.S. equity markets. In reality, according to Bharara, Wells lost money every year, amounting to more than $500,000 in losses over six years. By September 2015, Promitor was managing less than $1,000, according to authorities.

Wells obtained over $1.5 million in investment funds from family members, colleagues and friends, using new investor funds to pay back other investors in a Ponzi-like scheme, according to Bharara.

The charges against Wells were connected to a broad coalition of agencies called the President’s Financial Fraud Enforcement Task Force. Wells’ sentencing will be scheduled for a future date.

Securities fraud and wire fraud are complex and serious charges, and anyone accused of such a crime should seek representation from an experienced criminal defense attorney. The Brill Legal Group has extensive experience representing defendants accused of securities fraud and all types of white collar criminal charges.

Williams Wells, 42, pleaded guilty in federal court in Manhattan to one count of wire fraud and one count of securities fraud, according to the office of U.S. Attorney Preet Bharara. Each of the counts carries a maximum fine of $5 million and a maximum sentence of 20 years in federal prison.

Authorities said that Wells engaged in the scheme from September 2009 until his arrest on October 1, using his firm, Promitor Capital LLC, to obtain investment funds by making false claims that he had consistently achieved positive returns in U.S. equity markets. In reality, according to Bharara, Wells lost money every year, amounting to more than $500,000 in losses over six years. By September 2015, Promitor was managing less than $1,000, according to authorities.

Wells obtained over $1.5 million in investment funds from family members, colleagues and friends, using new investor funds to pay back other investors in a Ponzi-like scheme, according to Bharara.

The charges against Wells were connected to a broad coalition of agencies called the President’s Financial Fraud Enforcement Task Force. Wells’ sentencing will be scheduled for a future date.

Securities fraud and wire fraud are complex and serious charges, and anyone accused of such a crime should seek representation from an experienced criminal defense attorney. The Brill Legal Group has extensive experience representing defendants accused of securities fraud and all types of white collar criminal charges.

Court documents show that Burghardt served 87 months in prison previously, after he pleaded guilty to charges of attempted receipt of child pornography. After serving his time, Burghardt was placed on probation and prohibited from having a computer or cell phone in his possession, records show.

According to prosecutors, during a routine visit to Burghardt’s home, his probation officer heard a cell phone ringing. Burghardt claimed that it was just a kitchen timer, but when the phone rang a second time, the probation officer demanded to see it and confiscated it, prosecutors said. When probation officers searched the phone, they found 28 video files and 1,437 images depicting child pornography, prosecutors said. According to court documents, authorities also found additional images of child pornography on Burghardt’s girlfriend’s computer.

According to court documents, Burghardt violated several other probation conditions, including maintaining unreported internet accounts and failing to report a relationship with a woman with a 10-year-old daughter.

Distribution and receipt of child pornography are serious charges. Anyone accused of such a crime should contact an attorney before speaking to police. The Brill Legal Group has extensive experience representing defendants accused of child pornography offenses.

Court documents show that Burghardt served 87 months in prison previously, after he pleaded guilty to charges of attempted receipt of child pornography. After serving his time, Burghardt was placed on probation and prohibited from having a computer or cell phone in his possession, records show.

According to prosecutors, during a routine visit to Burghardt’s home, his probation officer heard a cell phone ringing. Burghardt claimed that it was just a kitchen timer, but when the phone rang a second time, the probation officer demanded to see it and confiscated it, prosecutors said. When probation officers searched the phone, they found 28 video files and 1,437 images depicting child pornography, prosecutors said. According to court documents, authorities also found additional images of child pornography on Burghardt’s girlfriend’s computer.

According to court documents, Burghardt violated several other probation conditions, including maintaining unreported internet accounts and failing to report a relationship with a woman with a 10-year-old daughter.

Distribution and receipt of child pornography are serious charges. Anyone accused of such a crime should contact an attorney before speaking to police. The Brill Legal Group has extensive experience representing defendants accused of child pornography offenses.

• The GM ignition switch was faulty;
• This defect rendered vehicles unreasonably unsafe;
• GM failed to provide adequate warning of this dangerous defect;
• This defect did NOT cause the New Orleans crash that injured two plaintiffs.

The outcome was both good news and bad news. The bad news is that for this particular plaintiff, she did not prevail in the assertion that the auto manufacturer was liable to pay her damages. However, for future cases, the finding that the ignition switch defect created an unreasonable danger and the company failed to warn about it was significant.

This was the second bellwether case on this issue, and it was one that was closely watched after the first was abruptly dismissed following allegations that the victim was dishonest on the witness stand.

In this case, the company insisted this particular car accident, which occurred on an icy bridge on New Orleans, was no different than 30 other crashes that happened in that same area that same night: attributable to the icy, slippery conditions of the road, not the ignition switch defect.

“(The accident) was caused by the driver losing control on an icy bridge during a state-wide winter weather emergency,” a company spokesperson wrote in a statement.

As far as the finding that the switch was defective, that had already been established by the fact that the company has recalled some 30 million vehicles in the last two years – with about 2.5 million of those directly related to the ignition switch. The firm claims to have fixed the problem, which is blamed for at least 124 deaths and hundreds of injuries.

So far, it has paid out $870 million in order to settle personal injury and wrongful death claims, and it’s also paid the U.S. government $900 million in order to resolve a criminal investigation.

The question now is how much the company will need to pay in order to resolve the remaining federal and state lawsuits. This second bellwether case suggests the company isn’t going to walk away without paying anything, but plaintiffs may have to work harder to prove liability. That’s going to mean more of them will likely accept a lower settlement than they might have previously anticipated.

Still, plaintiff attorney characterized the outcome as a, “victory for consumers” because it solidified the argument that GM failed to use reasonable care.

The jury verdict was handed down in New York following a two-week trial that involved two plaintiffs who said they were injured in the case. The first plaintiff was the driver and the second the passenger, and both reportedly suffered injuries when the driver lost control of the car. She alleged the loss of control was due to the ignition switch defect, which could cause the ignition to shut off mid-ride when the keys are only slightly jostled.

There are 200 pending lawsuits against the company for various defects, including the ignition switch.

This was the second of six bellwether cases – with three chosen by plaintiffs and three by the defense.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Bell Tolls for Car Owners in GM Ignition Suits, March 30, 2016, By Paul Barrett, Bloomberg.com

More Blog Entries:

Another Wave of Airbag Recalls Affects 5 Million Vehicles, Feb. 21, 2016, Miami Car Accident Attorney Blog

Cottom is the 19th man to be convicted of child pornography-related charges stemming from an FBI investigation into websites residing on the so-called “darknet.” The darknet comprises online websites and other resources accessible only with special software, usually Tor. Tor is anonymizing software that conceals the location and identity of servers (computers that host websites) and users.

Authorities conducted a lengthy and high-tech investigation that apparently overcame the anonymizing capabilities of the darknet and resulted in the seizure of three high-profile child pornography websites. Last January, the man convicted of operating the servers that hosted the websites, Aaron McGrath, was sentenced to 20 years in prison.

In a separate investigation, the FBI in November 2014 seized a number of darknet sites that functioned as black markets where users could obtain prescription drugs, cannabis and other substances. The agency is maintaining strict secrecy around the specific methods used to find the locations and operators of the sites, and the extent to which the Tor network is compromised remains unknown.

Tor is used to conceal communication for all manner of purposes. Criminals can use it to distribute child pornography, but others use it to obtain medication without a doctor’s prescription or medical cannabis in jurisdictions where it remains illegal. Journalists and ordinary citizens also use it to circumvent government restrictions on free speech or even hide from abusive spouses.

If you use Tor for any purpose, you should be aware of the possibility that the network has been permanently compromised by the FBI. And if you are accused of any computer-related crime, contact the Brill Legal Group.

Cottom is the 19th man to be convicted of child pornography-related charges stemming from an FBI investigation into websites residing on the so-called “darknet.” The darknet comprises online websites and other resources accessible only with special software, usually Tor. Tor is anonymizing software that conceals the location and identity of servers (computers that host websites) and users.

Authorities conducted a lengthy and high-tech investigation that apparently overcame the anonymizing capabilities of the darknet and resulted in the seizure of three high-profile child pornography websites. Last January, the man convicted of operating the servers that hosted the websites, Aaron McGrath, was sentenced to 20 years in prison.

In a separate investigation, the FBI in November 2014 seized a number of darknet sites that functioned as black markets where users could obtain prescription drugs, cannabis and other substances. The agency is maintaining strict secrecy around the specific methods used to find the locations and operators of the sites, and the extent to which the Tor network is compromised remains unknown.

Tor is used to conceal communication for all manner of purposes. Criminals can use it to distribute child pornography, but others use it to obtain medication without a doctor’s prescription or medical cannabis in jurisdictions where it remains illegal. Journalists and ordinary citizens also use it to circumvent government restrictions on free speech or even hide from abusive spouses.

If you use Tor for any purpose, you should be aware of the possibility that the network has been permanently compromised by the FBI. And if you are accused of any computer-related crime, contact the Brill Legal Group.

New York’s Van Dyke Money Gang used a Western Union money order scheme to net more than $1.5 million in 2015, the article says. The Neighborhood Crips of New Jersey created fake gift cards for retail outlets. And multiple South Florida gangs filed false tax returns under stolen identities in order to steal refunds.

The AP quoted Al Pasqual, a fraud consultant at Javelin Strategy and Research, who characterized the shift as a simple case of risk versus reward.

Pasqual posed the question, “Why would you spend time on the street slinging crack when you can get 10 years under federal minimums, when in reality you can just bone up on how to make six figures and when you get caught you’re doing six months?”

Pasqual said that while some gangs use the white-collar schemes as a side business to fund operations selling drugs and guns, others have adopted them as their primary means of making money.

The NYPD is adapting by coordinating personnel from the grand larceny division with those from the gang unit and other divisions.

The nature and severity of the penalty depends upon the amount of alcohol that the defendant has consumed. In general, a blood alcohol content (“BAC”) level above 0.08% is deemed to be legal intoxication (“DWI”). A BAC between 0.05% to 0.07% constitutes driving while a person’s ability to drive is impaired (“DWAI”). A person can also be convicted of DWAI if he or she has used a combination of drugs and alcohol or a combination of the two.

A first DWIA violation is punishable by a fine from $300 – $500, a maximum jail term of 15 days, and a 90-day suspension. Penalties for DWI convictions become more severe for subsequent convictions. For example, a third DWAI conviction in 10 years can entail a fine ranging from $2,000 to $10,000, a 4 year jail sentence, and a minimum one year revocation. A BAC of 0.18% is deemed to be aggravated DWI (“DWI AGG”), and the penalty for a first violation is a fine of $1,000 to $2,500, a maximum jail term of 1 year, and a minimum revocation for one year. A third AGG-DWI conviction in ten years requires a minimum fine from $2,000 to $10,000, a minimum jail term of seven years, and license revocation for at least 18 months.

This blog does not have enough space to discuss the many subtleties in the scheme of punishment for DWI and DWAI violations. Anyone facing allegations of having committed such a crime may find a conference with an experienced criminal defense attorneys. Such a lawyer can provide a helpful evaluation of the facts and the governing laws and an estimate of the probability of obtaining a favorable plea bargain or an outright acquittal.

Source: New York Department of Motor Vehicles, “Penalties for alcohol or drug-related violations,” accessed on Dec. 4, 2015

A driver’s license suspension means a temporary revocation of a person’s right to drive in New York. The suspension period can be definite or indefinite. A definite suspension has both a specific beginning date and a specific termination date. Both dates are set forth in the order for suspension issued by the Department of Motor Vehicles (“DMV”). A definite suspension will automatically terminate on the specified date, and the right to drive will be restored upon payment of the suspension termination fee if the license is otherwise valid. An indefinite suspension ends upon satisfaction of the conditions stated in the notice of suspension. Generally, an indefinite suspension is a lesser penalty because the right to drive can be quickly restored as soon as the conditions are satisfied.

The revocation of a driver’s license is a more serious penalty than a suspension; it means that the person can no longer legally drive in New York unless and until the DMV gives its approval. The right to drive can only be restored if the driver seeks approval from the DMV after the period of revocation expires. The DMV may require a passing grade on both the written and driving tests and the payment of a reapplication fee. The DMV may refuse to restore a revoked license if the driver has a high risk driving record or fails to meet the Department’s other requirements.

Losing the right to drive can have serious adverse consequences for a person. Anyone facing traffic violation charges that can be punished with an order for either license revocation or suspension may wish to talk to an attorney who specializes in defending such charges. A conference with a knowledgeable and experienced attorney can provide a helpful analysis of potential penalties and an evaluation of the likelihood of obtaining a favorable plea agreement or an outright acquittal.

Source: New York Department of Motor Vehicles, Suspensions and Revocations, accessed on Nov. 28, 2015

Guardianship can be an important legal tool to help family members care for a loved one who is unable to make his or her own decisions due to an illness or disability. Guardianship is determined in state court proceedings. However, when moving to another state, the question often arises whether it is necessary to transfer the guardianship to the new state or begin new guardianship proceedings.

The necessary legal action in a particular case depends on your individual circumstances, including the type of guardianship in question, the state you are moving from, and the state you are moving to. You should consult with an experienced elder law attorney or special needs attorney in both the state you are moving from and the state you are moving to, in order to determine what is needed in your case. However, some general information is presented here.

In many cases, transferring the guardianship to the new state will be desirable or even necessary. Facilities such as nursing homes, group homes and assisted living facilities may insist that a guardianship be authorized by the state where they are located. However, in most cases, the process should not be complicated. That is because 44 states, including New York, have adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA), which provides that the substantive findings of the original state in a guardianship proceeding be adopted by the new state, streamlining the transfer process.

If you are transferring a guardianship from or to a non-UAGPPJA state, the process can be significantly more complicated. A new guardianship proceeding may be required in the new state, and there may even be a court process required in the original state before moving the ward out of the original state.

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

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by Thomas D. Begley, Jr., CELA

Medicare Secondary Payer Act. While there is still some controversy as to whether a Medicare Set-Aside Arrangement is appropriate in a Third Party Liability (TPL) case, there is significant authority with a proposition that Medicare’s interest must be considered in a TPL case in the same manner that it must be considered in a Worker’s Compensation (WC) case. The question is really not whether the law applies, but rather will it be enforced. How much risk is the Personal Injury attorney willing to assume on behalf of his client and on his own behalf with respect to a potential subsequent malpractice case.

Medicare Secondary Payer Manual. The language of the statute of the Medicare Secondary Payer Act (MSPA) would appear to apply to all cases, including TPL and WC. The Medicare Secondary Payer Manual specifically refers to not only a Worker’s Compensation Medicare Set-Aside Arrangement, but also No-Fault Liability Medicare Set-Aside Arrangements and Liability Set-Aside Arrangements.[1]

CMS Memorandum. CMS has issued a Memorandum stating that in a TPL case an MSA is not required if a physician certifies that no future medical items or services will be required for that injury.[2]

Guidance from Dallas Region. The Dallas Region of CMS has stated, “The law requires that Medicare trust funds be protected from payment for future services whether it is Worker’s Compensation or a liability case. There is no distinction in the law.”[3]

U.S. Attorney General—Western District of New York. The U.S. Attorney for the Western District of New York has issued a protocol indicating that, under certain circumstances, his office will review Liability Medicare Set-Asides (LMSA).[4]

[1] Medicare Secondary Payer Manual (MSP) Chapter 1.

[2] CMS Memorandum, Subject: Medicare Secondary Payer—Liability Insurance (including Self-Insurance), Settlements, Judgments, Awards, or other payments for future medicals-information, from Acting Director, Financial Services Group to Consortium Administrator for Financial Management and Fee-for-Services Operations (Sept. 29, 2011).

[3] Sally Stalcup, MSP Regional Coordinator, CMS, Division of Financial Management and Fee-for-Service Operations Region VI Handout (May 25, 2011).

[4] Western District of New York, Medicare Secondary Payor Protocol, Assistant U.S. Attorney Robert G. Trusiak (May 6, 2011).

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

In any recovery involving a personal injury case, the interest of Medicare must be considered.^[1] The idea is that because Medicare is a secondary payer, a beneficiary should not be permitted to receive a recovery for future medical care, pocket the money, and then bill Medicare for that future medical care.

Are MSAs Appropriate in TPL Cases?

A Medicare Set-Aside Arrangement (MSA) is never required. In the context of Workers’ Compensation (WC) settlements it is a safe harbor. It should be a safe harbor in the context of Third Party Liability (TPL) settlements as well.

In June 2012, The Centers for Medicare and Medicaid Services (CMS) issued a Notice of Proposed Rulemaking.[2] The rulemaking would outline procedures for MSAs in TPL cases. The American Association for Justice (AAJ) has responded to CMS with respect to this Notice of Proposed Rulemaking.^[3] The Notice was submitted to the Office of Management and Budget (OMB) on August 1, 2013. The OMB did not approve the proposed rule and CMS withdrew it on October 8, 2014.^[4]

Reasons Supporting the Argument that the Medicare Secondary Payer Act Applies to TPL Cases with Respect to MSAs

There are a number of reasons to believe that MSAs are appropriate in personal injury cases. They are as follows:

• An informal survey of the 10 CMS Regional Offices by members of the Special Needs Alliance confirm that Region has taken the position that even in third party liability (TPL) cases, Medicare’s interests must be considered, and in the absence of further guidance, the Worker’s Compensation (WC) guidelines should be followed.

• The Medicare Secondary Payer Manual now includes language referring to “Liability Set-Aside Arrangement.”

• CMS has issued a memorandum that in TPL cases an MSA is not required “where the beneficiary’s treating physician certifies in writing that treatment for the alleged injury relating to the liability insurance (including self-insurance) ‘settlement’ has been completed as of the date of ‘settlement’ and where future medical items and/or services for that injury will not be required, Medicare considers its interests, with respect to future medicals, for that particular ‘settlement’ satisfied.”[5] The converse would appear to be that if the treating physician will not sign such an opinion letter, the MSA would be required.

• The U.S. Attorney for the Western District of New York has issued a protocol indicating that, under certain circumstances, his office will review MSAs in TPL cases.[6]

• A U.S. District Court[7] has found that a set-aside for future medical expenses in a liability case is appropriate.

Cases Where an MSA is Not Required

There are several situations in which an MSA is unnecessary:

• The facts demonstrate that the claimant is only being compensated for past medicals and not for future medicals. There is no evidence of an attempt to maximize other aspects of the settlement.

• The treating physician concludes in writing that, to a reasonable degree of medical certainty, the individual no longer requires any Medicare-covered treatments related to the claim.

• The client is not receiving Medicare and has no reasonable expectation of receiving Medicare within 30 months. The Medicare Secondary Payer Act does not apply to individuals not covered by Medicare.

Five Alternatives for Personal Injury Attorneys with Respect to MSAs

That leaves practitioners in the same place they were in prior to October 8, 2014. The personal injury attorney, therefore, has five alternatives to consider with respect to an MSA:

1. Do nothing to protect Medicare and assume the risk that the rules will be enforced in his case, his client will be denied Medicare coverage for future medicals and possibly bring a malpractice action against the attorney;

2. Do nothing but draft releases documenting that the plaintiff has been advised of Medicare’s possible interest and that he knowingly agrees to assume any risk;

3. Be prepared to show that Medicare’s interest has been protected by shifting the primary payer – such as a continuing health insurance policy – and assume the risk that the health insurance policy will remain in place and that the person primarily being covered by the policy will not lose his job, die, retire, or become disabled;

4. Prepare an allocation report, but do not submit to CMS for approval, and fund the MSA;

5. Prepare and submit the MSA to CMS for approval.

The author recommends the fourth alternative to avoid any risk to the client and to the personal injury attorney. If the client does not “consider Medicare’s interest,” Medicare may deny future coverage. If the client files a claim and is denied, he may well bring a malpractice action against the personal injury attorney.

Special Needs Trusts and MSAs

Generally, MSA funds are deposited in a custodial account with a professional trustee or given to the client to self-administer. For cases less than $100,000, giving the funds to the client to self-administer makes sense. CMS has issued a letter of instructions to be delivered to the client who would be administering his or her own custodial account. Even if a client misuses the money, the personal injury attorney should be off the hook with respect to a subsequent malpractice claim.

If the MSA funds are self-administered by the client or administered by a professional custodian and held in a custodian account, they will be considered countable assets that will disqualify the client from asset-tested public benefits such as SSI and Medicaid. The solution to that problem is to deposit the funds in a Special Needs Trust. MSAs are generally administered by custodians such as Medivest. However, money in a custodial account is considered a countable asset for someone receiving asset-tested public benefits. In those situations, a Special Needs Trust (“SNT”) is required and the trust is designed so that the MSA funds are placed in a separate sub-trust within the SNT. Generally, a professional trustee will hire a professional custodian to administer the MSA sub-account. By wrapping the MSA sub-account in the SNT, the assets in that sub-account are no longer countable to the trust beneficiary.

[1] 42 U.S.C. §1395y(b)(2).

[2] 42 C.F.R. Parts 405 and 411; 77 Fed. Reg. 35917-35921 (Jun. 15, 2012).

[3] American Association for Justice (AAJ) in a letter to Suzanne Kalwa of the Centers for Medicare and Medicaid Services (Aug. 14, 2012).

[4] RIN: 0938-AR43 EO 12866 Meetings.

[5] CMS Memorandum, Subject: Medicare Secondary Payer – Liability Insurance (including self-insurance) Settlements, Judgments, Awards, or Other Payments for Future Medical Information, from Acting Director Financial Services Group to Consortium Administrator of Financial Management and Fee for Services Operations (Sept. 29, 2011).

[6] Western District of New York, Medicare Secondary Payer Protocol, Assistant U.S. Attorney Robert G. Trusiak (May 6, 2011).

[7] Big R Towing, Inc. v. Benoit, 211 W.L. 43219 (W.D. La. Jan. 5, 2011).

By Bernard A. Krooks, Esq.

Clients often ask us how much it will cost to get a guardian appointed for a parent or other relative. It is hard to answer with precision, but it is a fair question. Let us see if we can give you some guidance.

First, let’s not forget that you should be doing everything possible to ensure that a guardianship does not become necessary.  What do I mean by that?  Make sure you and your loved ones have executed advance health care and financial directives such as a health care proxy, living will and durable power of attorney.  In addition, you should discuss your wishes with the people you appoint as your agents under these documents.  By taking these steps you will reduce the likelihood that a guardianship will ever become necessary.  Nevertheless, sometimes a guardianship becomes necessary even if you have taken care of your estate planning in advance.  Thus, this article to discuss the fees involved.  Keep in mind that guardianship procedures differ state by state (and sometimes even among different counties in the same state) and we are talking only about downstate New York below.

Also, we are assuming that there is no wild peculiarity. If you file a guardianship petition as to your mother and your brother hires an attorney to contest the guardianship in any way, then all bets are off as to what the guardianship will cost.  Among other things, your brother may claim that mom does not need a guardian or he may disagree with you as to who the guardian should be.  This is called a contested guardianship and there is no way to predict the total costs involved.  Suffice to say that it will cost much more than an uncontested guardianship proceeding.

And finally, we are only talking about the cost of getting you (or someone) appointed as guardian. You may need legal assistance after the appointment, as well (in fact, you probably will). That will depend on the complexity of your family member’s guardianship — and that can increase for a variety of reasons.

Now that we have gotten all the disclaimers out of the way, here’s a summary of the expected costs:
1.    Court filing fees and process server fees.  Assume about $500 here. Most of that is the filing fee itself, which has to be paid before things get underway.

2.    Your lawyer’s fees. If you hire an experienced guardianship law firm to represent you, your legal fees are likely to be several thousand dollars for an uncontested guardianship. This fee will be your responsibility regardless of how the proceeding turns out. It can (subject to court approval) be reimbursed from your family member’s resources if you are successful, but most lawyers will expect to be paid up front out of your funds, or soon after proceedings are initiated, and not wait until you have been appointed and can get access to the parent’s or other relative’s funds.

3.    The court-appointed lawyer’s fees. Unless your family member already has a lawyer (and you can’t select one for him or her — it would have to be someone they already had a relationship with or they hired after the proceeding began) the court, in some cases, will appoint an attorney to represent them. The lawyers who accept these appointments come from a rotating list, and they mostly charge their regular hourly rates. The bottom line: don’t be at all surprised if the court-appointed lawyer’s bill exceeds a few thousand dollars.   Fortunately, in most uncontested cases, there is no need for a court-appointed lawyer.

4.    The court-appointed investigator; otherwise known as the court evaluator. Another list of court appointees yields someone who has a social work, medical or legal background, and who is appointed to report to the court about your family member’s circumstances. In most cases, this person is a lawyer despite the fact that this person does not perform a legal function.  The cost for that investigation and report is frequently in the range of a couple to a few thousand dollars.

5.    Bond premiums are due if you (or someone else) are appointed guardian of the property. The premium for this insurance policy can be paid from your family member’s assets. The cost of the bond varies by the size of the estate being managed. Surety bonds can be difficult to purchase at any price, and the availability of bonding companies is often limited.

Add all that up and you can see that the cost of getting a guardian appointed will probably exceed several thousand dollars and can quickly grow to more like $10,000. And remember: that only gets you to the starting point. Additional costs for lawyers, accountants and court proceedings will add more to that figure over the years after your appointment. All the more reason to make sure you and your family are doing everything possible to avoiding the necessity of a guardianship proceeding.

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

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In the past, making alterations to irrevocable trusts was an expensive and public process that was generally done through the courts.  In 1992, New York was the first state to enact a decanting statute.  In 2011, this statute was amended, making it easier to alter irrevocable trusts.

Trust decanting is a powerful tool which allows trustees to shift assets from one trust to a new trust. The ability to decant a trust empowers a trustee to extend the term of a trust or push back the age at which a trust beneficiary will have a right to the trust funds, create tax advantages, correct drafting errors, remove trust beneficiaries, and consolidate two or more trusts or create separate trusts.

Decanting is especially helpful in situations where the irrevocable trust has not been updated in response to changes in the law or in a family’s circumstances.  If a trust meets certain criteria, decanting can be done outside of the court system, making it more affordable and private.

Trust decanting can be particularly useful where a beneficiary may be disabled and needs to rely upon government assistance.  There are occasions when a trust is initially created, perhaps by a grandparent or parent for the benefit of a grandchild or child and the beneficiary’s disability may not have been known at the time. Under certain circumstances, the trust can be decanted to a new trust that provides for special needs trust provisions for the beneficiary, which will allow the beneficiary to maintain eligibility for government assistance.

Reviewing your trust documents regularly is important to assure that your documents reflect your family circumstances.  Meet with one of our experts to determine if trust decanting can be helpful to you.

Learn more about our legal services at www.littmankrooks.com or www.elderlawnewyork.com.

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Trust decanting is a powerful tool which allows trustees to shift assets from one trust to a new trust. The ability to decant a trust empowers a trustee to extend the term of a trust or push back the age at which a trust beneficiary will have a right to the trust funds, create tax advantages, correct drafting errors, remove trust beneficiaries, and consolidate two or more trusts or create separate trusts.

Decanting is especially helpful in situations where the irrevocable trust has not been updated in response to changes in the law or in a family’s circumstances.  If a trust meets certain criteria, decanting can be done outside of the court system, making it more affordable and private.

Trust decanting can be particularly useful where a beneficiary may be disabled and needs to rely upon government assistance.  There are occasions when a trust is initially created, perhaps by a grandparent or parent for the benefit of a grandchild or child and the beneficiary’s disability may not have been known at the time. Under certain circumstances, the trust can be decanted to a new trust that provides for special needs trust provisions for the beneficiary, which will allow the beneficiary to maintain eligibility for government assistance.

Reviewing your trust documents regularly is important to assure that your documents reflect your family circumstances.  Meet with one of our experts to determine if trust decanting can be helpful to you.

Learn more about our legal services at www.littmankrooks.com or www.elderlawnewyork.com.

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

In any recovery involving a personal injury case, the interest of Medicare must be considered.^[1]

Reasons Support the Argument that the Medicare Secondary Payer Act Applies to TPL Cases with Respect to MSAs

There are a number of reasons to believe that MSAs are appropriate in personal injury cases. They are as follows:

• An informal survey of the 10 CMS Regional Offices by members of the Special Needs Alliance confirmed that each Region has taken the position that even in third party liability (TPL) cases, Medicare’s interests must be considered, and in the absence of further guidance, the Worker’s Compensation (WC) guidelines should be followed.

• The Medicare Secondary Payer Manual now includes language referring to “Liability Set-Aside Arrangement.”

• CMS has issued a memorandum that in TPL cases an MSA is not required “where the beneficiary’s treating physician certifies in writing that treatment for the alleged injury relating to the liability insurance (including self-insurance) ‘settlement’ has been completed as of the date of ‘settlement’ and where future medical items and/or services for that injury will not be required, Medicare considers its interests, with respect to future medicals, for that particular ‘settlement’ satisfied.”[2] The converse would appear to be that if the treating physician will not sign such an opinion letter, the MSA would be required.

• The U.S. Attorney for the Western District of New York has issued a protocol indicating that, under certain circumstances, his office will review MSAs in TPL cases.[3]

• A U.S. District Court[4] has found that a set-aside for future medical expenses in a liability case is appropriate.

Cases Where an MSA is Not Required

There are several situations in which an MSA is unnecessary:

• The facts demonstrate that the claimant is only being compensated for past medicals and not for future medicals. There is no evidence of an attempt to maximize other aspects of the settlement.

• The treating physician concludes in writing that, to a reasonable degree of medical certainty, the individual no longer requires any Medicare-covered treatments related to the claim.

• The client is not receiving Medicare and has no reasonable expectation of receiving Medicare within 30 months. The Medicare Secondary Payer Act does not apply to individuals not covered by Medicare.

[1] 42 U.S.C. §1395y(b)(2).

[2] CMS Memorandum, Subject: Medicare Secondary Payer – Liability Insurance (including self-insurance) Settlements, Judgments, Awards, or Other Payments for Future Medical Information, from Acting Director Financial Services Group to Consortium Administrator of Financial Management and Fee for Services Operations (Sept. 29, 2011).

[3] Western District of New York, Medicare Secondary Payer Protocol, Assistant U.S. Attorney Robert G. Trusiak (May 6, 2011).

[4] Big R Towing, Inc. v. Benoit, 211 W.L. 43219 (W.D. La. Jan. 5, 2011).

By Nicole Garcia, MS.Ed., Educational Advocate

In New York, this week, students in grades 3-8 will take their English Language Arts and Math. As the testing season begins, the routine of school changes. The introduction of the Common Core State Standards (CCSS) has created even angst and frustration.   Governor Cuomo’s new accountability measures for teachers have created even more pressure for teachers and principals. Many parents believe that there exists too much emphasis on state testing. To help you navigate issues surrounding state testing for your child, we have provided some background.

The No Child Left Behind Act

In January 2002, President George W. Bush signed into law the No Child Left Behind Act of 2001 (NCLB), which represented a re-authorization of the Elementary and Secondary Education Act of 1965 (“ESEA”). NCLB required all states to develop assessments tests in basic skills to receive federal funds. School districts must administer assessments to all students (on selected grade levels) or risk losing federal funding. NCLB expanded the federal role in public education and increased accountability for teachers and schools. Students must be tested in science at least one grade in elementary, middle and high school. Depending on which state, testing occurs from February through April. NCLB is overdue for re-authorization (since 2007) and Secretary Duncan has proposed a blueprint, but Congress has not reauthorized the law yet.

New York Adopted Common Core State Standards as NCLB Assessments

Every state, including New York, has put in place testing and standards in core subjects to comply with NCLB requirements.  For ELA and math, New York, like most other states, adopted the CCSS in 2010 and first implemented the CCSS exams—as the NCLB assessments– in the Spring of 2013.   The CCSS aspire to create a “common core of standards that are internationally benchmarked, aligned with work and post-secondary education expectations, and inclusive of the higher order skills that students need…”   Essentially, the tests are aligned to prepare students for the skills measured by the ACT and SAT and prepare them for a globally competitive marketplace. Yet, in New York, students had to take the CCSS with little preparation and most teachers did not receive training, the first year that the tests were given. Only 33% of students in New York State achieved proficiency.

Supporters of the CCCS assessments believe the test provides a measure of accountability for what goes on in the classroom, as well as greater rigor. The more rigorous standards help students meet basic proficiency levels and to achieve skills to become “college and career ready.” Supporters also believe teachers will perform to ensure that children will be prepared and score well on the state test.

But many parents and educators have been highly critical of the exams.   They have observed that scores do not convey additional portions of the curriculum and do not include measurement of progress in enrichment programs. Critics contend that the tests do not measure whether a student is learning critical thinking skills or how engaged students are in the learning process.  Teachers have little time for other subjects. Recent accountability measures for teachers have exacerbated this pressure. Also, many parents are concerned that teachers “teach to the test” and must necessarily eliminate enriching opportunities and creative lessons from the curriculum.  More information about the CCSS can be found on the New York State Education Department website.

Most School Accountability Measures Have Been Waived in New York

In the past, schools and school districts that did not show students making adequate yearly progress (“AYP”) toward achieving proficiency could be subject to federal sanctions (e.g., offering school choice, loss of federal funds, possible complete restructuring of the school, or closing the school). In 2012, President Obama waived most of these sanctions for approximately 32 states, including New York. Yet each state still holds schools accountable for results. Test scores provide an indication of how students are performing and are reported by State Department of Education to compare groups of students from year to year.

New York State Alternative Assessment

Children with the most severe cognitive disabilities, as set forth in their Individualized Education Programs (IEPS), may take alternate assessments. In New York, students with alternate assessments on their IEP take the New York State Alternate Assessment (NYSAA). Students with severe cognitive disabilities may demonstrate their performance toward achieving the New York State P-12 CCSS in English language arts and mathematics on the NYSAA.

The Committee on Special Education (CSE) for each student will determine eligibility for participation in the NYSAA. Only a very small percentage of students should take alternative assessments. More information about NYSAA is available on the state education website at: http://www.p12.nysed.gov/assessment/nysaa/.

What Can Parents Do?

1. Know when and what testing will be offered. Don’t ignore the obvious step of understanding when and what testing your child will be taking. Testing begins this week in New York in Grades 3-8. School calendars should indicate when the tests are administered. In grades 3-8, each child will take the English Language Arts (ELA) and Mathematics assessments. Children will also take Science and Social Studies assessments, in fourth and fifth grades and may again take it in eighth grade. Speak with your teacher in the beginning of the year to find out.

2. Reassure your child to prevent stress.   Parents should keep their children calm and prevent any stress and anxiety.   The CCCS assessments should not be a primary or major factor in any promotion decisions, so parents should reassure their children.

3. In the fall, ask for an information session on the test and the results from the prior year. Because New York State does not release the results of assessments to school districts and parents until the following school year, many parents may forget to follow up. When you receive the assessment results, ask the school principal to hold an information session about the test and the results. Parents may misunderstand the purpose of these assessments and how to read the results. An educator would be able to clarify in “parent terms” what the results mean. Once parents are given clarity about the assessments, they may have a better understanding of their child’s strengths and areas of need.

4. Become educated on the assessments and support available. Parents should reach out to their child’s teacher to find out if he or she will be offering extra support for testing. This may include more homework or staying after school. The parent can correspond by email and sending a letter to school, or leaving a message for the teacher with the office. Parents can find out if their child is entitled to Academic Intervention Services (AIS). AIS is designed to help students achieve the learning standards in ELA and mathematics and supplements the general curriculum. AIS can be given throughout the day or after school. New York State has provided Guidance  on cut scores to school districts on when they must offer AIS services, since most students in New York State are not yet proficient on the CCCS. Parents should also become educated on the goals of the assessments and support the skills measured by the CCSS. Guidance for parents and families on the CCCS is available.

5. Consider whether your child should opt out of testing. Today, more parents are considering this option.  School districts discourage opting out, as schools must show a certain level of participation on the exams or could risk state funding and educators are concerned about the lack of assessment data.   Parents should work with their local PTA/PTSA to find out information on removing their child from state testing. Review carefully the pros and cons of opting out. Many advocacy groups have set forth information on opting out.

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

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By Tom Breedlove, Director, Care.com HomePay

As the April 15^th tax filing deadline gets closer, those who have put off their taxes until the last minute – and there are a lot of us – are apt to forgetting minor details that can impact our returns. In the household employment world, two commonly overlooked tax-time items for New York families are the federal and state dependent care tax breaks.

To qualify for these, both spouses must either be working or a full-time student and have expenses related to the care of someone they can claim as a dependent. For the federal tax break, families should use IRS Form 2441. They may itemize up to $3,000 for 1 dependent and $6,000 for 2 or more dependents. Most families will receive a 20% tax credit on these expenses, saving up to $600 if they have 1 dependent and up to $1,200 if they have 2 or more dependents. According to 2012 data from the IRS, approximately 420,000 New York families took advantage of this credit and saved an average of just under $600.

The New York state tax credit for dependent care is very similar to federal tax credit. Families can use Form IT-216 and claim the same expenses they reported on IRS Form 2441. The state tax credit for most families will be 20% of the credit they receive from the IRS – meaning they can save up to $120 if they have 1 dependent and $240 if they have 2 or more dependents. It seems like a small amount, but every little bit helps.

Please keep in mind that these tax breaks assume the family is paying their caregiver legally. The IRS and the state of New York only reward those who put forth the effort to do things the right way. The tax breaks exist to help offset the cost of paying employment taxes, which means paying the caregiver “on the books” isn’t really as costly as many people think.

Learn more about our services by visiting www.littmankrooks.com.

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Employees who have registered for back-up elder care can call a care organization when they face an unexpected interruption in elder care. Within hours, the organization will send a home health care aide to the elderly person’s home. Employers work with agencies who screen and train their caregivers.

A sudden change in a parent’s health, logistical issues from the usual home health aide, or a family caregiver’s competing responsibilities can all lead to a gap in elder care. Without back-up elder care, workers are likely to miss work for days or longer. With back-up care, both the elder’s care and the employee’s work life can continue relatively seamlessly.

Plans vary, but most allow employees to use the service 10-20 times a year. Employees pay for part of the service — usually about $6.00/hour — while the company covers the rest.

This benefit makes fiscal sense for companies, as a growing number of American workers now care for aging parents. That trend will continue in coming years, as the Baby Boomer population reaches retirement age and life expectancy continues to stand at an all-time high.

The elder law attorneys at Hook Law Center assist Virginia families with will preparation, trust & estate administration, guardianships and conservatorships, long-term care planning, special needs planning, veterans benefits, and more. To learn more, visit http://www.hooklawcenter.com/ or call 757-399-7506.

The Westchester Institute for Human Development (WIHD) is recruiting leadership trainees for its Leadership Education in Neurodevelopmental and Related Disabilities (LEND) training program. Trainees will have the opportunity to develop the skills necessary for a career focused on helping children with special needs and their families.

The program includes three overview courses, clinical experience, and public policy and leadership activities, including community training and family advocacy. Trainees will have the opportunity to earn a certificate from New York Medical College in “Children with Special Health Care Needs.”

Trainees may be health and education professionals or graduate students, or parents or siblings of children or adults with disabilities. Trainees may have earned or be working toward a masters degree in a health or education discipline. A wide variety of disciplines are represented among the trainees, including child psychology, pediatrics, social work, health advocacy, nursing and law. Trainees may also be Family Specialists (parents or siblings of a person with a disability). Trainees should be able to participate in a 9 a.m. to 5 p.m. program on Thursdays from September to May at the Westchester Institute for Human Development in Valhalla, New York.

If you are interested in this opportunity, you may learn more at this link to the WIHD website.

Learn more about Littman Krooks services at www.littmankrooks.com or www.specialneedsnewyork.com.

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Neglecting this step could have unintended, unpleasant and unanticipated consequences.

To prevent potential conflict of interest, it is best to work with a different estate planner than whom you used while together.

As you review your estate planning documents, remember to include your power of attorney and health-care proxy.  Destroy the old document and complete a new one naming new proxies noting that this document revokes and replaces the previous document.

When you create an inventory of estate planning forms, you can check them off as you update them.  Go over documents designating beneficiaries.  This group comprises insurance policies, retirement accounts, annuities, brokerage and bank accounts whose proceeds pass to the named person regardless of what a will states.  You need to make changes by sending in a newly completed form to the financial institution holding the policy or account.

What happened in this case reinforces how important it is to keep current with your estate plans.  In 2013, the US Supreme Court ruled in favor of the ex-wife of a man who died in 2008 and who neglected to change the beneficiary on his $124,588 life insurance policy to his current wife after divorce.

Another important step is communicating your changes to all affected parties and providing them with copies or locations of significant documents.  This helps avoids the following situation.  A Ms. Lewis made a will in 1996 that named her current father-in-law as a secondary beneficiary on a family property.  After the divorce, New York law automatically removed her ex-husband from the will but not the father-in-law. After her death, he presented the 1996 will to the court.  Although, she had executed a new will changing the beneficiaries, the family was unable to produce it as evidence in a court hearing. Now, the costly dispute is still in process.

Many people will set up a living trust to protect their assets for their heirs.  Living trusts can shield beneficiaries from issues such as divorce, lawsuits, creditors, long-term care expenses and bankruptcy.

Estate planning has importance for everyone, regardless of financial situation.  Please contact us for information.

The post Protect Your Heirs by Updating Your Estate Plan after Divorce appeared first on Estate Planning Lawyers | Elder Law Attorneys | Brighton | Novi | Livonia Elder Law Attorneys.

The study also found that many doctors are seeing declining liability insurance costs and payment amounts. The study was published online in the Journal of the American Medical Association.

Researchers analyzed data from Illinois, California, New York, Colorado and Tennessee for the period from 2002 to 2013. They found that the overall rate of paid malpractice claims per 1,000 physicians dropped from 18.6 to 9.9 during that time. The average annual decrease was estimated to be 6.3 percent for doctors of medicine (MDs) and 5.3 percent for doctors of osteopathic medicine (Dos).

Trends in liability premiums paid by doctors were mixed. In Illinois, premiums charged to internists and obstetrician-gynecologists (OB/GYNs) by the state’s largest issuer of medical malpractice insurance policies dropped by 36 percent from 2004 to 2013. The premiums paid by general surgeons decreased by 30 percent. California and Tennessee experienced similar declines. Colorado saw a drop in premiums for internists but a rise for OB/GYNs and general surgeons, while New York saw an increase in premiums charged by the state’s largest insurer for all three types of doctors.

Bob Briskman is a Chicago malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

By: Bernard A. Krooks, J.D., CPA, LLM (in taxation), CELA, AEP® (Distinguished)

Maybe you’ve been named guardian (of the person) for a family member, colleague, or friend. Maybe you’ve been listed as an agent in a health proxy. Maybe you’re a family member with authority to make health care decisions (New York, like a number of other states, permits family members or others to make most health…

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by Thomas D. Begley, Jr., CELA

This is the first part of a two-part article on distributions from special needs trusts for caregivers. It is often necessary for a family to hire a caregiver to assist in providing care for a child, even an adult child, with disabilities. The special needs trust can pay for this care, but certain rules must be followed. There are a number of considerations when a trustee hires a caregiver for the beneficiary with disabilities. Certain rules pertain whether the caregiver is a family member or not.

Insurance

One consideration is insurance. Whenever a trust employs a caregiver, whether it be a parent or other family member or even a non-family member, insurance is an important consideration. Worker’s compensation insurance should always be considered where a caregiver is being employed. If the caregiver suffers an injury in the course of employment, the trust will be responsible. Worker’s compensation insurance makes sense. Casualty insurance is usually not an issue. However, where an outside non-family caregiver is employed, casualty losses from theft may result and appropriate insurance should be obtained.

Wage and Hour Laws

Wage and hour laws must be considered in setting payment for caregivers.

Withholding

There is an issue as to whether the caregiver is an employee or an independent contractor. If the caregiver is an employee, there must be withholding for FICA and FUTA. No such withholding is required for an independent contractor. The trust may consider employing a payroll service to administer payment to the caregiver. Caregivers often want to be paid “under the table.” It goes without saying that a trustee should always resist these requests. Significant factors in determining whether the caregiver is an employee or independent contractor include:

• Instructions. Is the worker required to comply with the other person’s instructions with respect to when, where and how the work is to be performed?
• Personal Service. Are the services to be performed personally or can they be sub-contracted?
• Continuing Relationship. Is the relationship between the worker and the person being cared for continuing?
• Work Hours. Is the worker required to work set hours?
• Payment. Is the worker paid by the hour, week or month?
• Realization of Profit or Loss. Can the worker realize a profit or loss on an individual transaction?
• Right to Discharge. Can the worker be discharged? If so, he or she is likely an employee.

Agency

It is almost always good practice for the trust to employ any non-family caregivers through an agency. It is a little more expensive to use an agency, rather than deal direct with a potential caregiver, but the agency has the responsibility of supervising the caregiver and paying taxes. The agency will be responsible for withholding and for worker’s compensation insurance.

Distributions to Parent as Caregiver

Most families prefer to keep their family members with disabilities at home and to keep the family intact. This is usually in the best interest of the special needs trust beneficiary. Family members are often in the best position to provide the care required by family members with disabilities. Many family member providers make significant sacrifices with respect to their careers and outside commitments. Providing care for the disabled family member becomes a life-long priority. Compensating the family caregiver from the self-settled special needs trust is often the only way that a family member is able to provide the necessary care. In many situations, the family caregiver must give up outside employment to provide this care. However, distributions from a special needs trust, especially a self-settled special needs trust, to a parent serving as a caregiver for a child with disabilities is fraught with problems. Trustees must carefully read the language of the trust document with respect to authorizing the trustee to make distributions for the beneficiary’s personal care needs. A properly drafted special needs trust should include language authorizing the trustee to retain the services of family caregivers. In the New York Region, which includes New Jersey, SSA is now taking the position that it is a violation of the sole benefit of rule for a first-party special needs trust to pay a family member as a caregiver unless the family member is “medically trained.”

It should be noted that if a trust beneficiary is receiving only medical benefits under a Medicaid Waiver Program, these restrictions may not apply. For example, the Pennsylvania Department of Public Welfare (DPW) has indicated that it will not require training of family caregivers until the POMS are changed. Central Office did not indicate what is needed to document care-giver credentials. The Support Team suggested common sense be used and that the caregiver parent be trained appropriately. One factor that some State Medicaid Agencies consider is whether the parent left his/her job to care for the trust beneficiary.

An issue arises as to whether a special needs trust can pay for a family member’s expenses in receiving medical training to serve as caregiver. At least in the New York and Philadelphia Regions, the answer to that question is “no.”

The next issue is what is the effect of a distribution to a non-medically trained family caregiver? Is the distribution unearned income? Is it a transfer of assets? In the New York and Philadelphia Regions, the answer is that such a distribution violates the sole benefit of rule and renders the trust invalid.

NOTE:  As of this writing, SSA is reexamining its position with respect to payment of family caregivers and its final position is not yet clear.

Training

Is the proposed family caregiver trained to provide the services that are required by the person with disabilities? If no, the family member must receive training and even certification to perform these services. There are individuals available, usually nurses, who will visit the family home and provide the necessary training. Since the trust cannot pay for this training, the parent usually makes payment out of the caregiver payments received by the parent.

Let’s call my son Johnny. He has a neurological impairment and is ambulatory and impressively articulate. These are my views and perceptions as his mother. I hope the points that I will highlight will resonate with readers. I also hope that some of you will be motivated and proactive in not only making a transition plan but making that plan a reality that is sustainable and seek guardianship, before your child reaches the age of majority if appropriate.

My Story

We live in a great school district in Westchester County.   My son had had a number of medical interventions and we had a relatively sound understanding of our challenges.   Yes, we all know that each child is different and has different needs. My son moved up in grades, followed the Regents track, though he was always in special education classes.

In high school, it all came crashing down and it became apparent to everyone that a Regents diploma was not going to become a reality (for him).

Despite the fact that he had a transition plan and even a transition coordinator set in place in our district, Johnny was no longer interested. As of 11^th grade, my son did not want to go to school anymore, thinking it was a huge waste of his time. His CSE agreed that if he didn’t want to attend school there was no way to force him. At that juncture and to my dismay, he was over 18, guardian- less, and therefore emancipated and able legally to make his own decisions about life. Legally, I learned that few options exist for parents to exercise control and supervision over a child after he or she turns 18, whether a child is in school or not.   Johnny had not, in the true legal sense of the word, transitioned out of school nor had he transitioned into anything else.

He became more and more out of sync with so many and so much. I watched him, helplessly, as he sat around, slept, played video games, watched TV and frequented CVS to buy candy. This went on for over two years.

I tried many different courses of action: I called adult protective services, the police, the pediatrician, and the neurologist. I cried to friends and family members. I even called Mental Health Association (MHA), who told me in writing that if Johnny wasn’t a threat to himself or to others, they could not do a thing to help me.

What was my problem? My child, a young adult now, was sinking: disengaged, with challenges no meaningful pursuits and no high school degree. My other children, Johnny’s siblings, were progressing.   We all felt aggrieved, irritated, frustrated and distressed.

I could find no one, nowhere, no how to help me and Johnny!

There were a number of contributing factors to our rough patch:

1. In as much as he was motivated, he always felt as if he had been pulled down. He was never fully accepting of his own challenges albeit he was extremely knowledgeable of his interventions.

2. I (his mother), had not fully understood that money cannot buy a young adult with a disability services.

3. All of the professionals who had worked with my son had always seen my son as ‘on the fence’; he straddled two worlds; mainstream but not, non-mainstream yet so articulate and able.

Finally, it was made clear to me that the only one who could help my son…was me. I asked myself over and over, “What is appropriate for my son?”

The convergence of these factors made the later years of high school and post-high school a living disaster. I realized that the only way to access county, state and federal services was for him to be in the system and that was a scary thought for me to grasp.

I made one and only one resolution that year: I was going to move my son to a ‘better place’. I didn’t have an idea what exactly that meant nor did I know what that would look like but I committed to knowing for a fact that the status quo absolutely was not working: not for him, me, or the rest of the family.

Since no agency could help, it had to be me. I had the power because Johnny lived in my house with me – otherwise, I realized, I would have had no legal authority over him.

Johnny already had his OPWDD eligibility. I visited Social Security, ACCES VR, and interviewed Medicaid service coordinators (MSC).   For the record: if you are NOT happy with your MSC you can and SHOULD change them. There is absolutely no reason for you to stay with someone who is not helping you/ your child.

8 months later… Everything is in place!

Johnny has a new Medicaid service coordinator, who has visited my son numerous times (over the course of just six weeks)! I rented an apartment less than one mile from my house for one year. Johnny is set up there. I buy his groceries; he comes with me, is engaged and helpful. He even washes his sheets – I couldn’t get him to ‘allow’ me to clean his sheets when he lived at home, but now, we are learning how to do laundry and have washed his new sheets. Life is good. Johnny is 1000% more engaged in his life, I am happier, his siblings experience calmness in their home, ACCESS VR is helping Johnny find a job and our MSC is on the case!

What to learn from my experiences:

1. You can ask 100 people their opinion regarding your child but only you can change the status quo.
2. Don’t be afraid — Change is good!
3. We need to organize our kids’ lives so that when we are not around their life can continue and flourish!

If I could impart one piece of advice based on this experience and my knowledge: Sort out a transition plan for your child before he or she reaches the age of majority and seek guardianship, if appropriate. The age of majority is legally 18 in New York; regardless of whether your child has a disability or not.Take these steps before he/she exits high school. Contrary to popular belief, these two moments in time are not necessarily the same as your child may be entitled to exit high school at 21 years of age.

Learn more about our transition planning services by visiting www.specialneedsnewyork.com.

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According to court documents filed by a 52-year-old New York man, the injection he received before an MRI he had in late September 2010 sparked a serious hip infection. By the end of the month, he checked back into hospital with unrelenting pain. A culture revealed a serious bacterial infection.

The plaintiff, a construction worker, met with an orthopedic surgeon who sent him home without any further treatment, despite lab results indicating a virulent bacterial infection needing immediate treatment. Two days later, the man had to be rushed back to the hospital, where doctors discovered that the untreated infection had damaged his hip badly enough that he required a hip replacement. 

He was no longer able to work at his job, and his other previously enjoyed activities were limited.

The man chose to file a medical malpractice lawsuit seeking compensation for his injuries and asking the court to hold the surgeon who did not treat his infection responsible for his unnecessary hip replacement surgery. The jury found for the plaintiff, awarding him $2.3 million.

Before the award, the plaintiff may have been in a difficult situation financially, as he was no longer able to work in construction. Even with savings on hand, he would not have been able to pay the medical bills amassed as a result of his hospital visits and surgery. One solution that may have assisted him in dealing confidently with his financial obligations would have been to fill out an online application form for litigation funding.

Litigation funding, also called pre-settlement funding, offers plaintiffs cash that arrives in less than 48 hours. The amount the applicant receives is usually predicated based on what the attorney of record suggests that a jury may award. 

The plaintiff can also call and apply for a lawsuit loan. All that is required is the name of the plaintiff’s lawyer and the case details. Once the application has been approved, funds are transferred expeditiously to help the plaintiff deal with all expenses and to give him or her the peace of ignoring insurance companies wanting a quick, fast and cheap settlement.

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

The holiday season is just around the corner, which means families are starting to make plans to travel, see loved ones and use up the rest of their vacation days before 2015 begins. So with the idea of time off on many people’s minds, it’s a good time to talk about how things like vacation and sick days work if you employ an in-home caregiver. Many of us are simply told when we began our current job how many vacation days, sick days or personal days we get each year and we just accept that. But did you know there are federal and state labor laws in place that dictate paid time off?

If you employ a caregiver in your home, federal law does not explicitly require you to offer any form of paid time off to your employee. However, in the state of New York, after 1 year of employment, you are required to provide at least 3 paid days off. The law makes no designation whether these should be vacation, personal days or holidays – just that your employee is entitled to have 3 paid days off. Most families that want to attract a quality caregiver probably already offer this minimum, but in case you’re reading this trying to plan the benefits package for your employee, keep that number in mind.

Additionally, if you live in New York City, you’re required to provide 2 days of paid sick time per calendar year after your caregiver has worked for you for 1 year. Any unused sick time is allowed to be carried over to the next year or paid to the caregiver if they are terminated. City law also requires you to keep sick time records for 3 years.

Finally, the state requires you to provide a written notice to your caregiver about your policy on sick leave, vacation, personal leave and holidays. This can be worked into your formal employment agreement and is a great way to get on the same page during the hiring process so your working relationship is positive from the start. Whatever you decide on with your caregiver, just make sure it’s in writing and understood by your employee before they begin working for you. The holiday season is not a good time to have a conversation about how many vacation days your caregiver has left in the year.

If you need help putting together a sample employment contract that includes paid time off, you can find one at Care.com. And if there are other aspects about being a household employer you get stuck with, just visit our state-specific tax page on the HomePay website.

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Group homes are good for the health of the individuals served by them and they are also good for the health of the community. Adults with developmental or other disabilities benefit from varied social interaction. When certain groups of people are isolated from others, unwarranted fears and resentments can build. The vision of people with disabilities living their lives as an integral part of the community has proven to be a vast improvement over past over-reliance on institutional solutions.

Nevertheless, neighborhood residents often resist the placement of group homes. Their apprehensions may include declining property values, safety issues, or an increase in traffic. Residents’ concerns may stem from a fear of the different or the unknown. However, multiple studies have shown that the presence of group homes has little effect on property values and the problems envisioned by residents do not materialize. Often, residents objecting to group homes say that they want people with disabilities to have a home, just somewhere else – “not in my backyard.”

Often the law must protect the human rights of a few from what the majority might prefer. New York’s Padavan Law prevents communities from excluding group homes unless the area is already saturated or a better site in the same community can be found. Communities often file objections but they rarely succeed in blocking a group home.

Because of the Padavan Law, passed in 1978, a quiet revolution has taken place in New York. The care of adults with developmental disabilities shifted from institutional care to community settings. However, to achieve a community that truly understands, welcomes and supports people with disabilities, we need not just strong laws, but people willing to speak out for what is right. Noam Bramson, the mayor New Rochelle, showed that leadership in an eloquent website post that called for community support of group homes. Bramson wrote that at a recent City Hall meeting, residents of a tight-knit, middle class neighborhood spoke overwhelmingly against a proposed group home and the City Administration responded by filing the appropriate objection with the state Office of Mental Health. Bramson publicly opposed the City’s action, despite the residents’ concerns. Indeed, he said that he knew the residents would eventually greet their new neighbors with courtesy and warmth. Bramson knew the objection was likely to fail and he could have kept quiet, but he chose to take a stand in support of people who often lack an effective political voice of their own.

Learn more about special needs planning and special needs advocacy by visiting www.specialneedsnewyork.com.

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Many of the immigrants have arrived alone on relatively short work contracts, but others bring their wives and families and pursue residency or citizenship. The area has also seen an influx of South Asian residents from other states who have moved to San Antonio for the low cost of living and strong economy.

The city’s “Little India” is located both near the headquarters of the USAA, which employs many South Asian information technology workers, and near the Medical Center, where many South Asian physicians and medical professionals work. The area includes numerous Indian and Pakistani restaurants, grocery stores and community centers.

According to Dr. Jayesh Shah, president of the American Association of Physicians of Indian Origin, San Antonio now contains about 300 physicians and 3,000 families of Indian origin.

The nation as a whole has seen a recent burst of South Asian immigration. The new arrivals are mostly skilled workers, including physicians and technology workers. Cities such as Houston, New York and Chicago have some of the largest Indian populations, and Indians now represent the third-largest immigrant group nationwide.

San Antonio’s “Little India” is a source of community and cultural continuity for many members of the city’s South Asian population. Residents can incorporate their style of living in India into their new culture in Texas, purchasing Indian groceries, visiting Indian restaurants, meeting at the Hindu Temple of San Antonio and participating in popular pastimes like cricket.

A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an attorney, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.

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Because of the complexities in hiring private duty care, it’s easy for families to misstep if they don’t have adequate help from the start. In fact, many of the more common household employment payroll and tax mistakes can be avoided by addressing a few key items at the time of hire. So if you’re about to hire in-home care, keep these three things in mind as you’re discussing the details of the employment arrangement with your new employee:

1. Go over the New York Wage Notice together. State law requires all employers to provide a Wage Notice to their employee at the time of hire and again by February 1^st of each subsequent year of employment. But aside from complying with the law, the Wage Notice requires a myriad of information that will get both of you on the same page right away, including;

1. Your name, address and phone number
2. The employee’s hourly and overtime rates of pay
3. The day of the week the employee will be paid and what they’ll be paid weekly

2. Talk about your time off policy. Similar to the Wage Notice, the state of New York requires employers to give their employee written notice about their policy on sick leave, vacation, personal leave and holidays. After one year of employment, your employee is entitled to at least three paid days off. And if you live in New York City, you’re required to give your employee two days of paid sick time per year as well. These requirements are important to know – not only from a compliance standpoint, but also because many families overlook time off and are unprepared for when their employee asks for a vacation or calls in sick.

3. Purchase workers’ compensation and disability insurance policies. If your employee will work 40 hours or more per week – or is a live-in employee – you must purchase a workers’ compensation and disability insurance policy. These two items are not handled through the tax and payroll process, but are very important because they provide financial assistance to your employee if s/he is unable to work due to injury or illness. Families caught without coverage can be held liable to pay their employee’s medical bills and lost wages and can be subject to large fines from the state. The most convenient solution for obtaining both a workers’ compensation and disability insurance policy is to contact the New York State Workers’ Compensation Board at (877) 632-4996.

By addressing these three topics before your employee starts, you’ll avoid getting off on the wrong foot both with your employment relationship and your payroll and tax situation. Like any new endeavor, mistakes can happen, but if you spend the time to research what your requirements are and come up with a game plan that is easy to execute, household employment doesn’t have to be as complicated as many people make it out to be.

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A study from Vanguard, a leading provider of Individual Retirement Accounts (IRAs) and 401(k)s, concluded that even retirees with significant retirement savings rely more on Social Security and traditional pensions than on tax-deferred retirement accounts for their retirement income.

Researchers studied the wealth and income of 2,600 older households with $100,000 or more in retirement savings. Even for those households with significant assets, Social Security, the bedrock of American retirement, accounted for the largest portion of income: a median of $22,000 per year. Perhaps surprisingly, traditional pensions were the next highest source of annual income, with a median of $20,000. Tax-deferred retirement accounts provided a median $13,000 per year in retirement income.

What does the future hold? Researchers say the portion of private-sector workers with traditional pensions has dropped from 88 percent in 1975 to about 33 percent today. That means that tax-deferred retirement accounts and other private savings will become an even more important supplement to Social Security retirement benefits in the future.

Talk to a New York estate planning attorney at Littman Krooks to learn more.

Researchers have found that lifelong intellectual activity can delay the onset of Alzheimer’s disease by years.

In a study published in the journal JAMA Neurology, researchers found that people who were genetically prone to Alzheimer’s held off the disease up to a decade longer if they worked in a complex field or were college-educated. Practice of intellectual activities like reading and playing music was also found to delay the disease substantially.

The researchers studied 1,995 Minnesota residents without dementia, looking at their education, occupation and mid- to late-life intellectual activities. They found that people who engaged in brain-stimulating activities delayed the onset of dementia and had better memory levels.

For people carrying the ApoE4 gene, a risk factor for Alzheimer’s, intellectual activity staved off the disease by an average of 3.5 years. The ApoE4 gene is found in approximately 25 percent of the population.

Contact a New York elder law or NY estate planning lawyer at Littman Krooks, LLP to learn more.

New York State residents who receive Supplemental Security Income (SSI) also receive a state supplement.  For 2014, the maximum federal SSI amount is $721 and the NYS supplement is $87 bringing the maximum SSI benefit to $808 per month.  At this time, New York State residents receive these benefits in one payment from the Social Security Administration (SSA), usually direct deposited into the recipient’s bank account.  Starting October 1, 2014, New York SSI recipients will receive their federal SSI benefit and the state supplement benefit separately.  The reason for this change is because New York State will realize significant savings by administering the state supplement benefits directly instead of paying the SSA to administer this program on its behalf.

The New York State Supplement Program, Bureau in the Center for Employment and Economic Supports within the NYS Office of Temporary and Disability Assistance (OTDA) will be responsible for administering this benefit. All business will be conducted by telephone, fax or mail only. There will not be walk-in offices to handle questions or requests. A customer support center with a toll free number will be available to assist recipients and is expected to be available starting August 2014.

The only change NYS SSI recipients will notice is that they will receive two monthly payments instead of one.  NYS SSI recipients will receive their state supplement benefits in the same manner that they receive their SSI benefit. Direct deposits will go into the same account and payments will be issued on or before the first of each month.  Starting in August 2014, NYS SSI recipients should receive notice by the State Supplement Program Bureau of this change. If the recipient has a representative payee for SSI purposes, this payee will remain the same for the state supplement benefit.

For more information please visit http://otda.ny.gov/programs/ssp/.

A small pilot study has indicated that equine therapy – spending time grooming, feeding and walking with horses – eases symptoms of Alzheimer’s dementia, making patients calmer and happier.

Equine therapy is used today for children and teenagers with emotional and developmental disorders, and the new study indicates that it may also be useful for older adults with Alzheimer’s disease.

Researchers at Ohio State University studied 16 people with Alzheimer’s disease who participated in activities at an adult senior daycare center. Eight of the seniors who volunteered for the study were taken to an equine education center while the other eight pursued other activities at the daycare center. The clients visited the farm once a week for four consecutive weeks, grooming, walking and feeding the horses under the supervision of caregivers.

Researchers found that the patients who interacted with horses showed an immediate positive mood change and were less likely to resist care or become agitated later in the day.

Learn more by talking a New York elder law attorney at Littman Krooks.

When a family hires an individual to perform duties in or around their home, they are considered a household employer. The IRS views the worker — whether a nanny, senior caregiver, health aide, etc. — as an employee of the family for whom she works. For most families, having household payroll and tax responsibilities is akin to learning a new language and most have no clue where to go for guidance. So to help simply this process, here are five quick tips you need to know about household employment before your hire.

#1: Tax responsibilities kick in at $1,900

If a household employee is paid $1,900 or more in a calendar year, the employer is required to withhold and remit payroll taxes to the state and the IRS. If the employer pays less than $1,900, they are still legally obligated to adhere to federal and state labor laws even though no employment tax filings are required.

#2: Household employers must withhold taxes from their employee’s paycheck each pay period

Specifically, 6.2% of gross wages should be deducted for Social Security taxes and 1.45% for Medicare taxes. By law, these taxes (collectively known as “FICA”) must be withheld from the employee’s pay – or else the employer is responsible for them. The employee’s federal and state income taxes are NOT required by law to be withheld, but it is a good idea for the employer to do so. Otherwise, the employee may have a large tax bill due at the end of the year and may be subject to underpayment penalties.

#3: Household employers are required to pay federal and state employer taxes

Just like the employee’s withholdings, employers must pay a 6.2% Social Security tax and a 1.45% Medicare tax on top of the gross wage they pay their employee. It’s sometimes called the “employer match” of the FICA taxes. Additionally, household employers are responsible for paying federal and state unemployment taxes. These taxes must be reported and remitted along with the withheld employee taxes throughout the year.

#4: Additional paperwork is required at year-end

By the end of January, household employers should provide a Form W-2 to their employee. They should also file Form W-2 Copy A and Form W-3 with the Social Security Administration and attach Schedule H to their federal income tax return.

#5: Employers must meet federal and state labor law requirements

Household employees are classified as non-exempt workers. As such, they must be paid at least minimum wage for every hour they work and be paid overtime for all hours over 40 in a 7-day workweek. The rate for overtime pay must be at least 1.5 times the regular rate of pay. (Note: Live-in employees in New York must be paid overtime once they reach 44 hours in a week). In addition, most families in New York are required to carry a Workers’ Compensation and Disability insurance policy (policies can be procured through the New York State Insurance Fund). Following the Domestic Worker Bill of Rights in New York passage in 2010, household employees are entitled to 3 days of paid vacation and 2 days of paid sick leave after one year of service.  Finally, employers in New York must provide a written wage notice (or employment agreement) each year by February 1 as well as detailed paystubs illustrating hours worked, total wages and all tax withholdings.

If you have any questions, please consult IRS Publication 926 or feel free to call us at 1-888-273-3356.

In what may be one of the largest jury awards of its kind, a New York man was handed $9.1 million for his medical malpractice lawsuit against his former doctor. The story in this case is that Donald Schultz once held a job as a public safety dispatcher. He broke his ankle 10 years ago while at work, which led to bizarre complications and the loss of a leg.
Schultz’s award included $350,000 to his ex-wife for loss of services, $4 million for future pain and suffering, $2.8 million for past, current and future medical expenses and loss of wages, and $2 million for past pain and suffering.

In 2004, Schultz was on his way to his job and fell on some steps, breaking his ankle. He was initially treated at an orthopedic surgeon’s office. This individual and his surgical group were found not liable in this case. The plaintiff did not remain with the first doctor and began seeing another physician in 2005 about concerns with pain he experienced near the little toe of his injured foot/ankle. It turned out he had a rare nerve disorder arising from the fractured ankle.

The second doctor began a series of what would be 21 different surgeries. The first operation was on his little toe. It was subsequently amputated. Schultz’s amputation site developed an infection. This led to the amputation of his fourth toe, but the pain remained, unabated. His leg was then amputated below the knee in 2009. Another surgeon eventually amputated the rest of his appendage. Twelve surgeries later, Mr. Schultz had one leg left and he was not able to work after 2009.

Mr. Schultz may have been able to keep up with his spiraling medical bills by applying for pre-settlement funding from a litigation funding company. He would only have needed to fill out an application online or call the lawsuit loan company and provide them with the name of his lawyer and the details of his case.

Once he’d received approval, the funds would have been deposited into his account, allowing him to meet his ongoing expenses while waiting for a trial verdict. By applying for an emergency lawsuit loan, he would also be able to turn down any offers made by an insurance company to settle for less than what he would likely be entitled to in court trial. Plaintiffs applying for pre-settlement funding do not need to have a job; they are not put through credit checks and do not pay any funds up front, or monthly, for applying for litigation funding.

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

By Marion Walsh, Esq., Littman Krooks LLP

Last week, New York State students participated in the English Language Arts assessments.  Math assessments will occur Wednesday, April 30 – Friday, May 2.   This is the second year that students in New York will take assessments based on Common Core Learning Standards (CCLS).  Westchester County Executive Rob Astorino has stated publically that he planned to have his children opt-out of these assessments.

Before making the same decision for your child, you should understand the purpose of the tests and any consequences of opting out for your child.

CCLS is Required in New York as Part of Assessment Scheme

The CCLS assessments represent only one part of required No Child Left Behind Act (NCLB) testing.  NCLB requires states to administer tests in English Language Arts (ELA) and Mathematics in grades 3-8 and at least once in grades 10-12. It also requires states to administer testing in Science at least once during grades 3-5, 6-9 and 10-12.  In New York, the State Education Department Office of State Assessment coordinates, develops, and implements the assessment program.  New York implemented CCLS as part of NCLB assessments last year. The tests primarily at issue in the opt-out movement include testing in ELA and Mathematics for grades 3-8, as it is only these assessments that incorporate CCLS at this time.

There are consequences for your school district if the district does not meet testing participation rates. NCLB requires a 95% rate for all students and subgroups or the district could lost Title I funding.

Understand Your Rights

Most school districts will respect your right to have your child decline to take the assessments.   As a matter of terminology, legally, New York State does not have a statutory opt-out provision and there exists no right to opt-out.  New York State law does not require parental consent before school districts administer building level assessments to the general population.

Consider the impact of Opting Out

Before you decide to have your child opt-out, consider the impact of that decision on your child. On the one hand, the decision may empower your child and send an important statement.

Keep in mind that the Common Core now constitutes the general curriculum in New York and, in order to advance from grade to grade and achieve a high school diploma, your child will have to progress in this curriculum.   If your child is struggling on Common Core assessments, you will need data to present to his/her teacher to get needed support or services.  School districts also need to know how students are doing in order to improve these tests, improve the curriculum and improve student performance. The school and the parents need all the evidence they can get on what is working and not working, particularly for children who are struggling in school.   If your child has a disability or you believe that your child may have a disability, it can be even more important to get this data.   The Common Core assessments have lofty aspirations and many problems but educators cannot improve the assessments without data.

Make certain that the decision to opt-out will not negatively impact your child. Understand that your child has been working toward these assessments for the year.  Telling your child not to take them may devalue their work in school.

Your child will be taking many different types of assessments for many years, such as the SAT and ACT and, possibly, tests for admission to professional schools (MCAT, LSAT).  You may prefer to have your child to learn coping skills on difficult tasks rather than opting out.   In addition, opting out of the assessments could also impact your child’s placement and services for the following year.

Before having your child opt-out, consider the following steps:

1. Talk to your child’s teacher and the school principal about the reasons you do not want your child to take the assessments and ask about more support.
2. Understand the consequences for your child and the school district.
3. Make certain that opting out will not make your child more anxious by feeling singled out.

As an Alternative, Consider Advocacy:

New York State has indicated that it wishes to receive guidance and input on improving common core assessments and wants to hear from parents. The State Board of Regents has already adjusted the implementation of the CCLS in New York and will continue to do so.

Landmarks around the world, including New York’s Empire State Building, will shine blue lights on Wednesday to show their support for autism awareness. Organizations large and small will host events to raise awareness of the growing public health issue of autism spectrum disorders.

World Autism Awareness Day (WAAD) follows a new report from the Centers for Disease Control and Prevention. Statistics show, According to the report, one in 68 American children have an autism diagnosis, a 30 percent increase from a CDC study conducted last year, and more than double the number of children estimated to have autism in a 2000 study.

Experts do not know whether autism is actually affecting more people or whether diagnoses have increased as awareness of the disorder grows. According to CDC estimates, approximately 1.2 million people under the age of 21 in the U.S. have some form of autism.

Autism continues to be more prevalent in boys than in girls, with boys being diagnosed at a rate that is four and a half times greater than the rate for girls. Autism is also diagnosed more commonly in white children than in Hispanic or African-American children, which researchers believe is primarily due to a difference in reporting rather than in actual prevalence of the disorder.

Autism awareness focuses on the push for earlier diagnoses. Currently, autism can be diagnosed as early as age two, but most diagnoses are made around age four and a half. Greater awareness could result in earlier diagnoses, and researchers are currently studying ways of identifying higher risks of developing autism even in infants. The earlier a risk of autism can be identified, the earlier that intensive interventions can make a positive impact on the child’s development.

The Health and Human Services Department announced that it is launching an “unprecedented” initiative to help with earlier diagnoses, including research-based screening tools that families can use to identify possible indicators of autism in their children.

Read more about World Autism Awareness Day by visiting our special needs blog. Was this article of interest to you? If so, please LIKE our Facebook Page by clicking here.

The U.S. Department of Justice recently announced that a federal grant program that provides electronic tracking devices for adults with Alzheimer’s disease has been expanded to apply to children with autism.

The announcement came after tragedy struck Queens, New York, where the remains of Avonte Oquendo, a 14-year-old autistic boy, were recently discovered. Avonte wandered away from his school on October 4, 2013. A massive search, lasting over three months, resulted in the discovery of the boy’s body in the East River on January 16.

The voluntary program will allow parents of children with autism and other developmental disorders to obtain a tracking device through local law enforcement agencies and nonprofit groups. The devices may be worn as bracelets or anklets and attached to belt loops or shoelaces.

A recent study showed that 49 percent of children and teens with autism have attempted to run or wander from their caretakers. Recovery time of an individual wearing a tracking device averages as much as 95 percent less than that of an individual without a tracking device.

The attorneys at Hook Law Center assist Virginia families with will preparation, trust & estate administration, guardianships and conservatorships, long-term care planning, special needs planning, veterans benefits, and more. To learn more, visit http://www.hooklawcenter.com/ or call 757-399-7506.

Young people with special needs may be looking forward to becoming full-time college students, or they may wish to take just a course or two for a specific purpose or to see whether college is the right choice for them. However, non-degree-seeking students are not eligible for federal student aid, so students and their parents may need to consider other methods of paying for college expenses. A 529 plan can be a good option.

New York’s 529 College Savings Program allows one to save for oneself or for a child, grandchild or friend. Funds can be used at eligible two- or four-year colleges or vocational schools anywhere in the country, for tuition, books and certain housing and food expenses. Qualified withdrawals are federally tax-free and earnings grow federally tax-deferred. Additionally, up to $5,000 (or $10,000 for married couples filing jointly) in contributions may be deducted from one’s New York state tax return. A range of stock investments is available, managed by Vanguard.

The additional benefit of 529 plans is that the funds may be used by students who are only taking a class or two and therefore not eligible for federal student aid. Students should check to be sure the institution where they plan to study qualifies as one where students can use 529 funds, and they should check with the school about their status: institutions may have different rules regarding undeclared majors or half-time status that affect eligibility for student aid.

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Dr. Mark Graber is the founder and president of the society. He has stated that the group is pushing the Institute of Medicine to issue a comprehensive report on diagnosis errors to bring the subject to the attention of medical professionals.

Graber, a Senior Fellow in health care quality and outcomes at RTI International’s research institute, argued that medical professionals need to be made more aware of the negative impact of diagnostic errors. He noted that he encountered numerous diagnostic errors first-hand — many of them his own —
during 20 years working at Northport, New York’s Department of Veterans Affairs Medical Center.

According to Graber, the group is currently focusing on raising awareness. He said that while the group has sought to educate medical professionals, they have been met with apathy. Once stakeholders are engaged, the group hopes to spread solutions, such as the use of “trigger tools” as part of electronic health records to identify patients who are at a high risk of diagnostic errors.

Paul Greenberg is a medical malpractice lawyer in Chicago and malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The crash occurred at about 12:45 a.m. on January 30, 2014. Capt. John Corbelli of the Rochester Police said the female cyclist was declared dead at the scene. Police have not released her name or age.

Corbelli stated that the Rochester Transit Service bus and the cyclist were both northbound on Clinton Avenue when the cyclist swerved into the bus’s path. The driver veered into the southbound lane in an attempt to avoid her, but nevertheless struck and ran over the cyclist. None of the four passengers on the bus was injured.

Corbelli said that all four passengers were interviewed concerning the events they witnessed. The transportation authority released a statement expressing sadness at the accident and pledging to cooperate fully with police.

Always be alert and careful when riding bicycles on city streets or when driving near riders. Never cycle at night without working front and rear lights. It is unclear at this point whether the victim was wearing a helmet, or whether a helmet could have saved her, but this simple precaution dramatically increases your chances of surviving most accidents.

If you are injured or if a loved one is killed or injured in a traffic accident, consult with a personal injury attorney right away.

We Focus our Practice Exclusively on Wrongful Death and Critical Injury Cases – Contact a personal injury lawyer at The Lietz Law Firm by calling 866-554-1238 or learn more by visiting http://www.lietzlaw.com/.

A recent study has found that partial retirement is becoming more popular with aging Americans.

Analysis from the University of Michigan Research Center has found that 20 percent of workers between the ages of 65 and 67 hold a “bridge” job between working full-time and living in full retirement. That figure represents an large increase from 1960, when between 5 and 10 percent of workers held a bridge job.

The researchers also found that workers are slowing down earlier. 15 percent of workers aged 60 to 62 are partially retired. The study found that, in 1960, partial retirement in this age group was almost nonexistent.

The study defined “partial retirement” as holding a job in which the earnings are 50 percent or less of the highest income the individual has had in his or her lifetime.

Researchers said the change has been affected by the general unemployment rate and by the economy, with some workers needing to put off full retirement. Also, according to the research, some older individuals may be financially secure but want to stay active. They do not want to work full-time, so they are willing to work part-time for less pay.

Contact an Elder Law attorney in New York at Littman Krooks by calling (914) 684-2100

Choosing the right long-term care services and supports can be difficult. If you are looking for long-term care in New York State, you should be aware of NY Connects: Choices for Long-Term Care.

This free, state-funded service can provide you with personalized information over the telephone about options including assisted living residences, nursing homes, senior centers, adult day care, home care, hospice care, transportation, payment for medicine and many other similar concerns.

Speaking with a NY Connects counselor can be very helpful if you know you need assistance but are unsure what kind of help is available or which long-term care option is best for your situation.

The service is available whether you are eligible for a government program, using insurance or paying for services yourself. Calls are confidential and are answered by trained specialists. Help is available in several different language, and TTY is available for the hearing impaired.

In Westchester County, NY Connects can be reached at (914) 813-6300. More information is available at www.nyconnects.ny.gov.

Contact a New York estate planning lawyer at Littman Krooks at (914) 684-2100

The college savings plans known as 529 plans are a way for parents to invest money for their children’s college education while taking advantage of significant tax breaks. Now there are also ways for friends and family members to more easily contribute to the savings plans, which is becoming a popular graduation or birthday gift option.

Several companies operate websites that allow you to set up a profile for the beneficiary of a 529 plan and then let friends and family know that they can give through the site. The services deduct a fee of between 2 and 5 percent before the money is made available for parents to transfer to the 529 account.

The College Savings Plans Network has raised the question of whether these companies should register under federal and state securities laws. One site, GiftofCollege.com, has taken the step of registering as a broker-dealer.

Without the use of these services, parents could see whether their 529 plan accepts contributions from third parties, and then give the account information to friends and family.

Another option is available from Upromise Investments Inc., which administers plans in 16 states, including New York. The company’s Ugift program allows parents to send friends and family a digital invitation to contribute. The invitation allows recipients to print out a coupon with a bar code and account number, which they can mail in with a check. There is no fee for the service.

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Visits from loved ones in the hospital can greatly improve a patient’s mood and assist in his or her recovery, but most hospitals restrict visitors to the human kind. Although many hospitals have pet therapy programs that use trained dogs, most do not allow visits from family pets.

A few hospitals are bucking that trend, allowing patients’ own dogs and cats to visit under certain conditions.

Among them is North Shore University Hospital on Long Island, which allows personal pets to stay with patients around the clock in its palliative care unit. Another Long Island facility, the Hospice Inn, also allows pets, and a few other hospitals around the country have adopted similar policies.

The policies vary, but they generally require a doctor’s order and an attestation from a veterinarian that the pet is up-to-date on shots and otherwise healthy. Most hospitals require dogs to be on a leash and cats to be taken in and out by carrier.

Hospital officials who have studied the issue say that the relatively mild risks, like animal bacteria transmission, are outweighed by the benefits, including comfort and reduced stress for patients.

Learn more by contacting a New York estate planning lawyer at (914) 684-2100.

The initial complaint was filed by a woman who claimed that her daughter was born with severe heart defects after she was prescribed sertraline, a generic version of Zoloft. The drug is a selective serotonin reuptake inhibitor, or SSRI, prescribed as a treatment for depression.

The case against Pfizer was based on the fact that federal law requires generic drugs to carry the same warning label as the medication on which they are based. The lawsuit alleged that Pfizer issued an inadequate warning label on the original Zoloft, resulting in an inadequate warning label on the generic equivalent.

Judge Huff said that New York courts have not addressed the issue of whether drug makers have a responsibility to ensure adequate labeling on generic versions of their products. She said that Pfizer had no role in providing the plaintiff with sertraline. The judge said that the sertraline was supplied by a third party, and that another third party, the federal government, created the labeling requirement.

Paul Greenberg is a Chicago birth injury lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

by Marion Walsh, Esq.

On January 10^th, Governor Cuomo signed into law a bill which establishes a new state license for providers of applied behavior analysis (ABA) services to individuals with autism.  ABA represents the leading evidence-based therapy for individuals with autism and other developmental disabilities.   ABA, usually a one-on-one treatment method, focuses on assessing the environmental influences on behavior, assessment-based intervention, and data-based decision making. The new law will help individuals and families find quality ABA providers who have met stringent academic and training requirements, while also ensuring state regulation and continuing oversight of these providers.

The new law creates a new state license for behavior analysts (with at least a master’s degree) and a new state certification for behavior analyst assistants (with at least a 4-year college degree), with a protected scope of practice.    According to the New York State Association for Behavior Analysis there will be two different processes. The first process, which will be available from January 10th, 2014 to January 10th, 2016, allows an individual who is certified by the Behavior Analyst Certification Board (BACB) to become licensed or certified (assistants) if they fill out and satisfy the character and fitness requirement and pay the fee ($200 license; and $170 certification).  Second, the regular licensure process begins on July 1, 2014 and is available for anyone who does not have BACB certification. However, if an individual obtains BACB certification after July 1, 2014, they can still apply through the shorter process which will be open until January 10th, 2016.   The law goes into effect on July 1, 2014, except that individuals who are certified by the BACB will be allowed to apply immediately to the New York State Education Department for licensure or certification, provided they satisfactorily fulfill the character and fitness requirement and pay the required fee.

The new law represents an effort to reduce the out-of-pocket expenses paid by the families of those with autism.  The law builds upon New York’s insurance reform legislation, passed in November 2012, which requires state-regulated health plans to cover ABA. The insurance reform legislation required that ABA practitioners obtain a state license in order to qualify for insurance reimbursement. Because New York has no ABA license, the requirement effectively blocked the ability of many families to use their new insurance coverage.   The new law (S.4862) now supplements the insurance reform regulation by providing for the state licensing process.

For more information, visit our website, www.specialneedsnewyork.com.

by Marion Walsh, Esq.

On January 10^th, Governor Cuomo signed into law a bill which establishes a new state license for providers of applied behavior analysis (ABA) services to individuals with autism.  ABA represents the leading evidence-based therapy for individuals with autism and other developmental disabilities.   ABA, usually a one-on-one treatment method, focuses on assessing the environmental influences on behavior, assessment-based intervention, and data-based decision making. The new law will help individuals and families find quality ABA providers who have met stringent academic and training requirements, while also ensuring state regulation and continuing oversight of these providers.

The new law creates a new state license for behavior analysts (with at least a master’s degree) and a new state certification for behavior analyst assistants (with at least a 4-year college degree), with a protected scope of practice.    According to the New York State Association for Behavior Analysis there will be two different processes. The first process, which will be available from January 10th, 2014 to January 10th, 2016, allows an individual who is certified by the Behavior Analyst Certification Board (BACB) to become licensed or certified (assistants) if they fill out and satisfy the character and fitness requirement and pay the fee ($200 license; and $170 certification).  Second, the regular licensure process begins on July 1, 2014 and is available for anyone who does not have BACB certification. However, if an individual obtains BACB certification after July 1, 2014, they can still apply through the shorter process which will be open until January 10th, 2016.   The law goes into effect on July 1, 2014, except that individuals who are certified by the BACB will be allowed to apply immediately to the New York State Education Department for licensure or certification, provided they satisfactorily fulfill the character and fitness requirement and pay the required fee.

The new law represents an effort to reduce the out-of-pocket expenses paid by the families of those with autism.  The law builds upon New York’s insurance reform legislation, passed in November 2012, which requires state-regulated health plans to cover ABA.    The insurance reform legislation required that ABA practitioners obtain a state license in order to qualify for insurance reimbursement. Because New York has no ABA license, the requirement effectively blocked the ability of many families to use their new insurance coverage.   The new law (S.4862) now supplements the insurance reform regulation by providing for the state licensing process.

For more information, visit our website, www.specialneedsnewyork.com.

The tragedy has prompted his community to call for increased crossing safety for students in the area. According to recent Streetsblog data, this victim was the eleventh New York City resident under 13 to be killed by a driver in 2013.

The young victim was walking to school with his older sister when the truck’s driver turned into a crosswalk. He was rushed to Elmhurst General Hospital, where he was pronounced dead. The siblings were within a half-block of their school at the time of the accident. No crossing guard was posted at the intersection.

The driver, Mauricio Osorio-Palominos of Newark, New Jersey, is employed by RoadTex Transportation Corporation. His truck’s back wheels struck the third-grader as he entered the intersection.

Osorio-Palominos, 51, waited at the scene of the incident. Police arrested and charged him with driving with a suspended license (aggravated unlicensed operation of a motor vehicle in the third degree) and with operating a vehicle in violation of safety rules.

More charges and lawsuits may be yet to come, but not all of them may be directed against Osorio-Palominos. After such a tragic accident, investigators must examine all possible factors and faults. Did the school have a duty to post a traffic guard? Why was the driver permitted to work for RoadTex with a suspended license? Was visibility at the intersection impaired, and was the roadway maintained properly?

While no lawsuit will bring this child back to his family, careful investigation and thorough legal proceedings may help bring some recompense and justice.

We Focus our Practice Exclusively on Wrongful Death and Critical Injury Cases – Contact a personal injury lawyer at The Lietz Law Firm by calling 866-554-1238 or learn more by visiting http://www.lietzlaw.com/.

According to the National Highway Traffic Safety Administration, 3,398 traffic fatalities occurred in Texas in 2012, an increase of 11 percent from the previous year. Nationally, 33,561 died on 2012 roadways in total, representing an increase of 3.3 percent since 2011. Previously, automobile death rates were on their sixth year of decline in a row.

According to officials, a number of factors contributed to the increase. Officials noted that even when overall traffic fatalities were decreasing in recent years, motorcycle and pedestrian deaths were following an upward trend. That pattern continued in 2012: fatalities of motorcyclists, bicyclists and pedestrians rose 7.1 percent, 6.5 percent and 6.4 percent respectively.

One factor that may have played a role is warm winter weather. Much of the increase can be attributed to the first quarter of 2012, the warmest first quarter in history. Although snowy, icy conditions are associated with traffic accidents, there are actually more car crashes during warmer winters when more people are on the road.

In addition to the increase in the raw number of fatalities, the fatality rate per 100 million vehicle miles traveled (VMT) also increased. That rate climbed to 1.14 (an increase of 3.6 percent). The injury rate rose to 80 injuries per 100 million VMT (a 6.7 percent increase).

Also in 2012, alcohol-impaired-driving deaths rose by 4.6 percent, accounting for 31 percent of the total number of highway fatalities. Alcohol-impaired-driving deaths are defined as the fatalities in a crash involving a driver found to have a blood alcohol content of .08 g/dL or greater.

Young drivers, traditionally thought to pose major risks, were actually involved in fewer highway deaths last year, continuing a decline that began in 2005.

The 11 percent increase in Texan traffic deaths represents 344 more fatalities than were suffered in 2011. Texas’s increase was the largest in the nation. Texas also saw the largest number of highway deaths (3,398) among states. California faced only 2,857 highway fatalities and is home to 12 million more people than Texas is.

The 344-person Texan increase in traffic fatalities totaled more than the increases in California, New York, Florida, Illinois, Michigan, Ohio and North Carolina combined.

At The Hale Law Firm, we have helped thousands of clients successfully prosecute their personal injury claims including auto accidents, wrongful death, dangerous products, brain injuries, burn injuries, and defective medical devices. Clients depend on their personal injury lawyers for guidance and legal advice across a broad range of personal injury accidents. To learn more, visit http://www.hale911.com/ or call 972.351.0000.

A bill to restore $90 million in funding for services for people who are developmentally disabled was passed by the New York state legislature and signed into law by Gov. Andrew M. Cuomo.

The bill was sponsored by Assemb. Harvey Weisenberg, Democrat of Long Beach and Sen. Martin Golden, Democrat of Brooklyn. The legislation was in response to Gov. Cuomo’s 2013-14 budget proposal, which called for the cuts to the state Office for People with Developmental Disabilities.

Gov. Cuomo said that the cuts were enacted after the federal government cut $1.1 billion in funding to New York. The state owes the federal government approximately $3 billion for overcharging Medicaid for a period of decades.

In addition to restoring the funding, the law calls for a working group to investigate how programs for the developmentally disabled can be made more efficient in order to save $90 million in spending without impacting programs for disabled people.

Gov. Cuomo said the legislation was another step in improving services for disabled people in New York and that the state was committed to upholding the strongest standards in the country to protect vulnerable people. Assemb. Weisenberg thanked Gov. Cuomo for restoring the funding.

Advocates for developmentally disabled people applauded the new law, saying that the funding was crucial to providing needed services for disabled citizens.

The Office for People with Developmental Disabilities coordinates services for about 126,000 people with developmental disabilities, including cerebral palsy, intellectual disabilities, autism spectrum disorders, Down syndrome, and other neurological disabilities. The agency provides services directly and through about 700 nonprofit agencies.

Services that the agency provides include Medicaid-funded long-term care services and residential support services. In the decades since the agency was founded in 1978, the way services are provided has shifted from institutional settings to community settings. Because of the need for intensive treatment, approximately 1,200 developmentally disabled people in the state continue to receive treatment in an institutional setting, down from about 30,000 in the 1970s.

In addition to Medicaid services, the agency provides family support services which are designed to help families with care for their loved ones with special needs who live at home. The agency also provides employment support to help developmentally disabled people with job coaching and vocational training.

James Gandolfini, the actor who played mafioso Tony Soprano on HBO’s The Sopranos, died on June 19 of a sudden heart attack. Gandolfini had a reported net worth of $70 million. He had executed a new will in December of 2012 and had created at least one trust, for his son Michael. Although the actor clearly put some thought into estate planning, his estate will end up paying millions of dollars in federal and state estate taxes, much of which could have been delayed or reduced through the proper use of trusts and other estate planning tools.

More than 80 percent of Gandolfini’s estate will be subject to federal estate taxes, at a rate of 40 percent for all assets above $5.25 million. The federal tax bill will be more than $20 million. The State of New York will also tax Gandolfini’s estate, at a rate of about 5 percent on the amount over $1 million and 16 percent on the amount over $10 million. State taxes could amount to about $10 million.

Gandolfini’s estate will pay more than was necessary in part because he chose to leave less than 20 percent of his assets to his wife. The estate tax does not apply to assets left to one’s spouse, until the spouse’s death, at which point the spouse can use both spouses’ estate tax exemptions. Gandolfini indicated that he had provided for his wife financially in other ways outside of his estate.

However, Gandolfini also left a will that subjects most of his estate to the probate process, rather than setting up trusts which could have provided more sophisticated estate planning and reduced the estate tax bill. Trusts also would have kept his affairs private and made them easier to administer.

The poor planning of Gandolfini’s estate is a lesson in the additional tax burden and other complications that can arise when someone relies too heavily on a will rather than properly-funded trusts.

For more information about our estate planning services, visit www.littmankrooks.com.

Families of kids with autism need to find the right way for their kids to join in the fun. Instead of an elaborate costume, a funny hat or Halloween t-shirt may be appropriate. Instead of going out trick-or-treating, your kids may want to stay home and help give out the treats. That way a child with autism can observe the tradition from a comfortable place. If a child is able to handle going from house-to-house, you can make the experience less overwhelming by limiting the time and going while it is still light out.

If you live in Westchester County, then you are also invited to the Miracle League of Westchester’s fourth annual Halloween event, at the Field of Screams, which features an afternoon of trick-or-treating and fun for special needs children. The event takes place at Ridge Road Park in Hartsdale, New York, Sunday, October 27 from 11 a.m. to 3 p.m. Please pre-register by sending the names and ages of children who will be participating to mlwny@mlwny.org. Children participating will wear a wristband to receive treats.

It is important for parents to be aware of what the common core standards are and how they will affect their children’s education. Parents of children with special needs may also wonder how special education will be integrated with the common core standards.

The common core standards are different from previous standards in that they encourage teachers to delve more deeply into the subject matter that is appropriate for that grade level, rather than attempting to cover too many different topics in a superficial way. As an illustration, kindergarten students in New York were previously expected to learn to count to 20 orally and write the numbers up to 10, and they were also introduced to exercises in identifying and creating numerical patterns, which was intended as a rudimentary introduction to algebra concepts. In the new standards, the focus on patterns has been dropped, and kindergarten students instead focus more intensely on learning to count. Kindergarteners will now learn to count to 100 orally and write the numbers up to 20. Rather than memorizing a list of numbers, the focus will be on making sure students truly understand what numbers mean.

The principle of delving more deeply into fewer subjects holds true for language arts as well. The Common Core also requires students to read more deeply and to read non-fiction. It applies to all grade levels from kindergarten to 12th grade.

The Common Core in New York City school system, the NYCDOE, is initiating changes. The implementation of the common core standards is happening at the same time that changes are being made in the city’s special education system, after a two-year pilot phase. The special education reforms call for more inclusion for students with special needs, with as much integration into general classrooms as is appropriate based on the student’s individual challenges. The city’s academic officers said that separate special education classrooms could be a detriment to students with learning disabilities who are seeking high school diplomas.

There are obvious challenges involved with introducing two different sets of changes simultaneously, and some parents have expressed concern that the new common core standards may be difficult to modify for special education purposes and might create more barriers for special needs students. However, education officials said that the approach makes sense and is part of moving all students toward a higher set of standards.

For more information on the Common Core in New York, visit http://www.engageny.org.
To learn more about our legal services for families with special needs, visit www.specialneedsnewyork.com.

In 2009, Burns overdosed on a near fatal mixture of drugs. On arrival in the emergency ward of St. Joseph’s Hospital Health Centre, she was suffering from violent seizures. The ER staff called for an emergency EEG and, over a period of several hours, determined that she had a poor prognosis for survival. The family was asked if they wished to consider withdrawing life support. Given the likelihood that their daughter would not survive her overdose, they agreed to donate her organs.

Just as the operation was beginning, Burns awoke on the table as several surgeons prepared to excise various vital organs. The symptoms of a drug overdose may mimic those of brain damage. But, as was found when a close inspection was made of hospital records, the staff missed clear signs that Burns had not suffered brain damage. A nurse had scraped her toes to test for reflexes; Burns’ toes responded immediately by curling. Patients with irreversible brain damage are not capable of responding to such stimuli.

Further evidence indicated hospital staff also did not test the woman to determine if all the drugs she had ingested had passed out of her system prior to any kind of an operation.
The hospital was fined $6,000 and ordered to conduct an in-depth review of its quality assurance program, which, in light of this case, appeared to be substantially less than up to par. They were also ordered to hire a consulting neurologist to educate staff on how to properly diagnose brain death.

The victim chose not to do anything about the incident, due to severe depression. She committed suicide in 2011. No one in the family sued the hospital. If they had, they might have been interested to know that they did not have to pay for all of their medical bills and other expenses on their own, while waiting for a trial or settlement. They would have been qualified to apply for litigation funding.

Pre-settlement funding is an emergency cash advance, or lawsuit loan, offered to a qualified plaintiff. It assists them in paying off all their financial obligations and allows them to wait for justice without having to deal with greedy insurance companies wanting them to settle quickly for a ridiculously low amount of money.

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

The lawsuit, filed in federal court in New York, alleges that Servisair rounded down the hours employees worked, docked employees for lunch breaks not taken and used a system for time-keeping that automatically reduced the hours recorded for employees.

The plaintiffs estimate that each employee was docked about five hours of overtime each week since 2010. The lawsuit is seeking class-action status. Employees from airports in Texas, Illinois, Florida, New York and Massachusetts signed on as initial plaintiffs. There may be other plaintiffs found in Servisair’s more than 30 U.S. locations.

According to the lawsuit, employees had half an hour deducted from their paychecks even when they did not take a lunch break. The complaint also alleges that the company manipulated its time-keeping system such that an employee who clocked in at 7:30 a.m., for example, would only be paid beginning at 8 a.m. At the end of a shift, according to the lawsuit, employees were also docked, with an employee who worked until 11:30 p.m., for example, only being compensated for time up until 11 p.m. Though employees were not paid for arriving early or working late, they were docked pay if they arrived late or left early.

The complaint estimates that employees have been docked tens of millions of dollars over the past three years. The lawsuit seeks damages and attorney’s fees. Three previous actions against Servisair were settled out of court.

The lawsuit was filed against Servisair, owned by French company Derichbourg, and Matt Ellingson, an executive for U.S. and Caribbean operations. Attorneys for the plaintiffs said they believed that Ellingson benefited personally from the alleged underpayments, and that he could be held personally liable if it could be proven that he had operational control.

The legal action could cost the company between $50 million and $100 million and could also complicate Servisair’s impending acquisition by Swissport. A Swissport spokesperson declined to comment on the case but said that the acquisition would likely continue. Shares in Derichbourg rose 25 percent after the announcement of the planned acquisition.

Servisair said in a statement that the lawsuit had no merit and that the company had an “unwavering commitment” to its employees.

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

The semi-truck involved in this fatal accident was hauling a load of crushed cars, when the unthinkable happened —- the trailer unit broke free of the cab. The renegade trailer then veered across a rural New York two-lane road, just south of Syracuse, in Cortland County, slamming into a minivan.

The minivan driver was 24-year-old Carino Vanorden. His passengers: included his fiancé, 21-year-old Lena Beckwith; a 26-year-old mother of two; a four-year-old girl; a five-year-old girl; a seven-year-old girl; and four-year-old boy. The driver, father of the seven- and four-year-old children, was the only occupant alive when emergency medical responders arrived at the scene of the accident. He was immediately transported to the nearest medical facility for care.

Accident reconstructionists were called in to determine what caused the crash. Investigators were able to ascertain that the collision was caused by a mechanical failure involved the lock coupling between the tractor and trailer. The part required to securely lock the coupling failed, sending the heavily loaded trailer across the road, where it crashed into Vanorden’s van.

The families involved in this horrific accident may want to file wrongful death lawsuits, and the surviving father may wish to pursue filing a person injury case. While they are talking to their attorneys, they might want to discuss the possibility of applying for litigation funding to assist them in paying their staggering medical, funeral and burial expenses.

A lawsuit cash advance is an emergency loan for plaintiffs that helps them get back on their feet financially while they wait for their case to be handled. Whether it goes to settlement or to court, pre-settlement funding allows the victim to pay off their outstanding bills and keep current with their usual expenses, such as a student loan, rent or a mortgage.

While litigation funding is not for every plaintiff, there are a number of significant advantages worth researching. For instance, the victim does not pay any money upfront, does not make monthly payments, is not required to submit to a credit check, does not need to be employed and does not need to pay back the lawsuit cash advance if they do not win their case.

Applying for a lawsuit loan requires that you hire an attorney, who is responsible for providing case file information to the litigation funding company. Pre-settlement funding is then awarded based on the potential winnability of the case. Call for information or find it online. The lawsuit loan representatives understand that you have been through a lot before coming to them for help. You are treated with great respect and dignity.

Daren Monroe writes for Litigation Funding Corp. To learn more, visit http://www.litigationfundingcorp.com/.

FOR MEDICAL TREATMENT (ONLY)
(All Countries Except the Philippines)
VA Foreign Medical Program Office
PO Box 469061
Denver, CO 80246-9061
Telefax: 303-331-7803
E-mail: hac.fmp@med.va.gov

FOR EDUCATION BENEFITS (ONLY)
VA Regional Office
PO Box 4616
Buffalo, New York 14240-4616
Telefax: 716-857-3196 or 716-857-3197
Internet Website: Education Questions and Answers

FOR LIFE INSURANCE BENEFITS
VA Regional Office and Insurance Center
P O Box 7208
Philadelphia, Pennsylvania 19101
Telefax: (888) 748-5822
Internet Contact: Contact the VA

FOR HOME LOAN GUARANTY BENEFITS
VA Loan Eligibility Center
PO Box 20729
Winston-Salem, NC 27120

For overnight delivery:

VA Loan Eligibility Center
251 N. Main St.
Winston-Salem, NC 27155
Toll free number: 1-888-244-6711
E-mail: NCELIGIB@vba.va.gov

FOR VOCATIONAL REHABILITATION AND EMPLOYMENT BENEFITS
VA Regional Office, Pittsburgh Regional Office

MEXICO, SOUTH & CENTRAL
AMERICA, the CARIBBEAN
Benefits Only
VA Regional Office
6900 Almeda Road
Houston, TX 77030
Telefax: 713-794-3818
Internet Contact: Houston VA Regional Office

ALL OTHER COUNTRIES (Except the Philippines)
Benefits Only
VA Regional Office
Foreign Claims
1000 Liberty Avenue
Pittsburgh, PA 15222-4004
Telefax: 412-395-6057
Internet Contact: Pittsburgh Regional Office

CANADA
Benefits Only
VA Medical and Regional Office Center
Hartland Road
White River Junction, VT 05009
Telefax: 802-296-5174
Internet Contact: White River Junction Regional Office

PHILIPPINES

Benefits and Medical Care
VA Regional Office:
1501 Roxas Blvd.
Manila, Philippines
Telefax: 011-632-318-8387
Internet Contact: Manila Regional Office

David W. Magann, Esq.
U.S.M.C. Veteran
www.TampaVeteransLawyer.com
813-657-9175

A man who never obtained a medical degree or even a license was discovered to have worked at numerous New York hospitals. He was only outed when a five-year-old patient died after he had been seen by the fake doctor.

According to the information available, the man claimed that he graduated from a Canadian university. An investigation following the child’s death revealed that although he did attend the university he claimed he did, he did not earn enough credits to graduate. After leaving university, he then went to medical school in another location for a year, while working as a resident at a hospital in New Jersey. He was booted out of the program due to incompetence.

The fraud artist was able to secure a New York state medical license in 2007 by claiming he graduated from the Canadian university. Prior to the death of a five-year-old patient, he continued to practice in several other hospitals, including one in Ogdensburg. That sojourn ended when he left after an unnamed “unfavorable incident.”

Whatever the incident was that caused the fake doctor to leave was never mentioned or revealed to the next hospital he applied to work at, Wellsville Hospital. Federal officials tracking his lack of verifiable documentation said he was negligently dangerous by putting people’s lives in jeopardy. In addition, the man was also fraudulently received $230,000 from various health insurance entities.

This kind of trickery at the expense of innocent patients is abhorrent and the families of surviving victims, and those who died as a result of this man’s egregious actions, should consider filing a wrongful death action — a civil lawsuit to hold the man accountable for the trail of tears he left behind while holding himself out to be a medical doctor.

Should you ever find yourself in a situation like this one, or even one that has harmed you medically and/or physically, in some manner, seek the experienced legal counsel of an Austin personal injury lawyer. Justice will not be denied in cases where medical negligence is evident.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a wrongful death attorney by calling 512-476-4944 or learn more at http://www.civtrial.com/.

This week’s guest blogger is Leslie Josel, a nationally recognized expert on chronic disorganization and hoarding issues. Leslie has appeared on several episodes of TLC’s hit television show, “Hoarding: Buried Alive,” the Cooking Channel’s television special, “Stuffed: Food Hoarders,” “dLife-TV” and the nationally syndicated “The Better Show” as an organizing expert. She is frequently quoted in mainstream news media such as MORE Magazine, Better Homes and Gardens, New York’s Daily News, Westchester magazine and many other print media.

In 2004, Ms. Josel launched Order Out of Chaos, a Mamaroneck-based company that provides organization and relocations services for the chronically disorganized (ADHD, students with learning challenges, hoarding behaviors).

Here’s more about how Leslie launched Order Out of Chaos:

“My son was diagnosed with ADHD, executive dysfunction and other learning differences. So, this all started with me trying to untangle his world. I didn’t know how helpful it was until a friend (who was a therapist) saw the work I did for my son and asked if I would be interested in helping a patient of hers in the same way. Not only did I do it, but the results were extremely successful; word got out within the special needs community of what I had done for my son and my friend’s patient and my services became in demand. As the business took off, I became certified in chronic disorganization, as a hoarding specialist and also a certified JST coach for teens and college students with ADHD.”

Click here to continue to Leslie’s blog, “The ABC’s To Getting Organized for Back-to-School. ”

With her nieces and caretaker wheeling her to her party, Ms. Jones held her head high as she wore a navy blue dress covered with small white flowers, a matching hat, and sunglasses. Not long thereafter, her head was drooping, and her nieces wheeled her upstairs for some rest. Ms. Jones’ family, friends, and well-wishers got together at the Brooklyn senior center where she lives to celebrate her 114th birthday.

(Related: Considering The Move To A Nursing Home: Some Questions To Ask)

Ms. Jones is the oldest resident of the state of New York, the second-oldest American and the third-oldest person in the world, among those whose ages have been verified by the Gerontology Research Group.

She’s living history and a blessing, a true blessing,” said Richard Clay, her 69-year-old godson. “I have a little ways to go to catch up with her.”

Born July 6, 1899, in Lowndes County, Alabama, Ms. Jones is one of the world’s 61 living supercentenarians whose ages has been verified by the research group through documents like birth records and census counts. A supercentenarian is someone 110 or older. “I consider her to be a superhuman being,” said her oldest niece, Lavilla Mushatt Watson, who is “81 and proud of it.”

(Related:  Protecting Veterans Pensions Act)

Without children, Ms. Jones divorced her husband soon after being wed, but her nieces said she always took care of her siblings’ families. Her family credits her longevity to her focus on treating others well. For example, Ms. Jones paid for Ms. Watson’s college education.

“I am who I am because of her,” she said. Ms. Jones stayed independent well into her 90s, Ms. Watson said.

With her declining eyesight, which degenerated around the time she reached 100, she pretended she could see in front of her family.

(Related: Family Caregiving Demands Modernizing Leave for Caregivers, Says Latest AARP Report)

“She was so independent, she didn’t want us to know,” Ms. Watson said.

Christopher J. Berry is an elder law lawyer in Michigan Dedicated to helping seniors, veterans and their families navigate the long-term care maze. To learn more visit http://www.theeldercarefirm.com/ or call 248.481.4000

With her nieces and caretaker wheeling her to her party, Ms. Jones held her head high as she wore a navy blue dress covered with small white flowers, a matching hat, and sunglasses. Not long thereafter, her head was drooping, and her nieces wheeled her upstairs for some rest. Ms. Jones’ family, friends, and well-wishers got together at the Brooklyn senior center where she lives to celebrate her 114th birthday.

(Related: Considering The Move To A Nursing Home: Some Questions To Ask)

Ms. Jones is the oldest resident of the state of New York, the second-oldest American and the third-oldest person in the world, among those whose ages have been verified by the Gerontology Research Group.

She’s living history and a blessing, a true blessing,” said Richard Clay, her 69-year-old godson. “I have a little ways to go to catch up with her.”

Born July 6, 1899, in Lowndes County, Alabama, Ms. Jones is one of the world’s 61 living supercentenarians whose ages has been verified by the research group through documents like birth records and census counts. A supercentenarian is someone 110 or older. “I consider her to be a superhuman being,” said her oldest niece, Lavilla Mushatt Watson, who is “81 and proud of it.”

(Related:  Protecting Veterans Pensions Act)

Without children, Ms. Jones divorced her husband soon after being wed, but her nieces said she always took care of her siblings’ families. Her family credits her longevity to her focus on treating others well. For example, Ms. Jones paid for Ms. Watson’s college education.

“I am who I am because of her,” she said. Ms. Jones stayed independent well into her 90s, Ms. Watson said.

With her declining eyesight, which degenerated around the time she reached 100, she pretended she could see in front of her family.

(Related: Family Caregiving Demands Modernizing Leave for Caregivers, Says Latest AARP Report)

“She was so independent, she didn’t want us to know,” Ms. Watson said.

Christopher J. Berry is an elder law lawyer in Michigan Dedicated to helping seniors, veterans and their families navigate the long-term care maze. To learn more visit http://www.michiganelderlawattorney.com/ or call 248.481.4000

A Long Island married couple who are both developmentally disabled has found a group home where they can cohabit, but a lawsuit for their right to live together continues. The case may be the first to raise the question of whether denying mentally disabled people the right to cohabitation in a marriage violates the Americans with Disabilities Act (ADA).

Paul Forziano, 30, and Hava Samuels, 36, married in April of last year. The couple met seven years ago at a day program operated by the Maryhaven Center of Hope on Long Island. Forziano and Samuels both have mild to moderate mental disabilities.

The couple’s wedding had been delayed because they wanted to ensure that they could live together after they were married. Samuels lived at Maryhaven Center of Hope and Forziano lived at Independent Group Home Living, both on Long Island. Both group homes refused to allow the couple to live together. The couple’s parents, who supported the marriage, filed a federal lawsuit as the couple’s guardians against the group homes and the state of New York. The state was named as a defendant because it oversees the licensing of the nonprofit group homes and receives the Medicaid funding that pays for their services. The state Office of Persons with Developmental Disabilities, also named in the suit, is responsible for the program that provides Medicaid waiver services.

Since the lawsuit was filed, another group home, East End Disabilities Associates, has offered to provide the couple with a one-bedroom apartment inside the home, where they can live together. Forziano and Samuels are planning to move into their new home sometime in July. The lawsuit, however, will continue. The two wish to establish their right to live together and obtain compensation for that right having been denied. When the couple expressed to their parents that they wished to be married, their parents found no legal barriers to people with intellectual disabilities marrying, but they found that the group homes where the two resided were not supportive of their desire to marry and would not provide housing where they could live together.

The lawsuit hinges on the ADA’s provision requiring public entities to make reasonable accommodations to avoid discrimination on the basis of disability. The state of New York licensed the couple to marry, and the right to live together as a couple is among the most basic rights associated with marriage. The plaintiffs argue that because they are a married couple and their intellectual disabilities require that they reside in a supervised housing situation, the nonprofit group homes, by virtue of accepting Medicaid funding, should be required to accommodate their wish to live together. The lawsuit also cites the Fair Housing Act and New York State’s Human Rights Law.

It is difficult to know how many people with mental disabilities are married, because such information is not collected in marriage license applications. However, it is known that other married couples with mental disabilities live together in New York State, including in group homes. If Samuels and Forziano’s lawsuit is successful, it may establish their right to do so.

For more information about disability planning, visit www.specialneedsnewyork.com.

Lesbian and gay married couples who are legally married in New York or any of the other 11 states that recognize same-sex marriage, and the District of Columbia, now have the right to more than 1,100 federal benefits that were previously only available to heterosexual married couples.

Same-sex married couples now have the ability to file joint federal tax returns and take unlimited marital deductions on federal and state taxes. The benefits also include access to immigration laws related to the residency of a spouse, stretch rollovers for distributions from retirement plans, and Social Security benefits.

Now is an important time for same-sex married couples to review their estate plans, as they will likely need to be amended to take the legal change into account. Estate planning documents such as wills, trusts, living wills and health care proxies should also be reviewed in light of the new circumstances. Individual and estate tax returns already filed may be open to amendment.

Married same-sex couples should contact their estate planning attorney or tax professional as soon as possible to take full advantage of these benefits.

For more information, visit www.littmankroooks.com.

In New York, the Response to Intervention (RtI) program is designed to measure students’ progress and provide them with assistance, particularly in the areas of math and reading. The program is used to address achievement gaps for all students, including students with disabilities.

In the RtI process, students receive additional instruction tailored to their individual needs through a system with multiple tiers of intensity. Students’ progress is monitored to determine whether additional intervention is needed to help them learn.

The process begins with screening, which is a brief assessment that is conducted for all students, to determine whether they possess appropriate skills for their grade level. This part of the process takes place between one and three times per year. Based on the results of this screening, the school may decide that additional instruction is needed for a particular student, in which case the student’s parents are notified.

In the general education classroom, teachers use research-based teaching methods that are varied according to individual students’ learning styles. For students who have been identified as needing additional support, the teacher will provide targeted instruction in the specific areas where the individual student needs help. There are three tiers of support within most RtI models, and this additional targeted focus within the general education classroom is the first tier.

The second tier of additional instruction may be provided in a separate classroom where students can be taught in small groups and have additional opportunities to practice the skills they are learning. This instruction is sometimes provided by a math or reading specialist. In the third intervention tier, students may receive more frequent and longer small group instruction, which may employ teaching materials specifically tailored to the skills the student is experiencing difficulty with.

The level of intervention that a student needs is determined by a team made up of the student’s teachers, parents, and school staff such as a math or reading specialist or a school psychologist. Student progress is monitored as frequently as once per week, and parents are provided with frequent updates.

If a student does not respond as expected to additional instruction, further evaluation is needed. When the school believes that a child may have a disability, it will seek the student’s parent’s consent to conduct an evaluation to determine whether special education services are needed. A parent may also request special education services if he or she believes the student has a disability.

New York education officials have said that many schools already had a similar process in place, but a systematic approach can help more students. The program is also meant to provide appropriate instruction for individual students. In the past, teachers may have confused a learning gap with a disability, when what is actually needed is more intensive, targeted instruction.

For more information about legal services for individuals with special needs, visit www.specialneedsnewyork.com.

A number of decisions by the New York State Court of Appeals and the United States Court of Appeals for the Second Circuit had established a per se rule that employers who terminate an employee without cause would not be able to enforce any provisions of a covenant not to compete.

A recent decision by the Second Circuit, in the case of Hyde v. KLS Prof’l Advisors Grp., has thrown that rule into question. In Hyde, the plaintiff sought an injunction against his former employer to prevent the company from enforcing an agreement that prohibited him from contacting clients for three years after his termination. In granting a preliminary injunction, the U.S. District Court for the Southern District of New York relied on the per se rule that such agreements are unenforceable when an employee is terminated without cause.

However, the Second Circuit vacated the decision, stating that the plaintiff had failed to show irreparable harm – a requirement of a preliminary injunction – because if Hyde were prevented from competing with his former employer and then prevailed at trial, he would be adequately compensated by money damages. In remanding the case to the Southern District, the Second Circuit also expressed “reservations” about the per se rule that such agreements are necessarily unenforceable in such a context, and suggested that the court should instead apply a reasonableness test to analyze a covenant not to compete, even when an employee is terminated without cause.

The annual cost of a nursing home stay in New York City has increased dramatically, according to an annual survey by Genworth.

In Manhattan, a private room in a nursing home costs $180,000 per year, making Manhattan second only to San Francisco in cost. Nursing homes in other parts of New York are expensive as well. The cost is $160,000 per year in Long Island and $140,000 in Queens. New York is far above the overall median nursing home cost in the United States, which is $84,000 per year.

The cost is significant for nearly all families, and staggering for many, especially given that the average stay in a nursing home is two-and-a-half years.

Experts say high prices in New York are driven by higher costs for property, maintenance, insurance and staffing.

While the cost of a nursing home stay has continued to rise about 5 percent per year, the cost of home health care has remained more in line with the national average. The average cost of a home health aide in Manhattan is $22 per hour, while the national average is $19 per hour.

Learn more at http://www.elderlawnewyork.com/elder-law/.

According to the Columbus Dispatch, Dr. Michael Lipton, associate director of the Gruss Magnetic Resonance Research Center at the Albert Einstein College of Medicine, will conduct MRIs as 50 participants perform tasks involving short-term memory, inattention, and impulsiveness.

Those participants include 25 Ohio veterans with traumatic brain injuries and one brother or other close male relative each, so the doctor can compare a damaged brain to a healthy brain and rule out factors such as genetics and upbringing.

Traumatic brain injuries occur when the brain is jarred or shaken inside the skull, such as in a car or truck accident. Army veteran Ryan Gleich “suffered his most significant brain injury in 2003 outside Baghdad when a roadside bomb lifted the tail end of his Humvee from the road and tossed him across the vehicle,” the Dispatch reported.

Almost immediately, Gleich became antisocial, “ultra-aggressive,” and forgetful, which led to his divorce. Six years later, the 33-year-old has remarried and found help from support groups, but he still finds it difficult to motivate himself to leave the house, he said.

“Chase Russell was injured in multiple close-range explosions in 2010 and 2011 in Afghanistan,” per the Dispatch. “The worst was in September 2011, when a suicide bomber blew up his base.”

Like Gleich, the 25-year-old veteran has shut himself off from friends. He also has a hard time keeping a job and lacks the focus to go to college. “Nothing is really the same as it used to be,” he said.

Below, Cleveland brain injury attorney Chris Mellino discusses the difference between a head injury and a brain injury, common causes of a brain injury, and symptoms of a traumatic brain injury.

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–> A guardian is one who is legally entitled to make decisions for another person, such as financial and medical decisions. Guardians are typically appointed for adults with special needs or seniors, when they are unable to care for themselves. In the state of New York, there are two separate processes: Article 17A guardianship is typically used for a developmentally disabled individual and Article 81 guardianship is typically used for a person needing assistance with personal care or financial matters, such as an older person with a progressive illness.

Article 17A Guardianship

When a child with special needs reaches the age of 18, parents will no longer have the right to make decisions for that person, unless an Article 17A guardianship proceeding has been completed. This type of guardianship grants broad authority similar to that held by parents for minor children. A good candidate for an Article 17A guardianship would be a developmentally disabled child approaching the age of 18 whose mental capability is similar to a much younger child.

This type of guardianship was created by Article 17-A of the Surrogate’s Court Procedure Act. It is granted by county Surrogate Courts. If the person needing a guardian is under the age of 18, then the court in the county where the guardian lives is used; otherwise the court in the county where the disabled person lives is used.

Obtaining this type of guardianship is relatively simple. Either two doctors or a doctor and a psychologist must certify that the disabled person needs a guardian. The guardian must also provide information about his or her prior residences. The disabled person and his or her spouse (if any), other parent (if only one parent is seeking guardianship), and any adult siblings are all served with guardianship papers, and a court hearing is held to determine whether guardianship will be granted.

Article 81 Guardianship

When an adult is no longer able to make important life decisions or tend to everyday needs, due to an accident or illness, an Article 81 guardianship may be appropriate. This type of guardianship grants specific, individualized powers to the guardian, according to the needs of the disabled person. This type of guardianship is often used in the case of an older person with Alzheimer’s disease or other dementia.

This type of guardianship was created by Article 81 of the Mental Hygiene Law. It is granted by county Supreme Courts, and is based on the concept of the least restrictive alternative, meaning that only specific types of authority are granted, tailored to the particular needs of the incapacitated person.

In deciding Article 81 guardianship, the court is required to consider alternatives that may better suit the needs of the individual, such as a nursing home, assisted living facility or visiting home health aides to meet the person’s daily needs, or a trustee or payee to handle financial matters. The court may appoint a guardian if it determines that the person cannot provide for personal needs or manage property and financial matters without a guardian and the person is incapacitated or agrees to the guardianship. In the case of a person suffering from the earlier stages of a progressive disease, a court can grant a guardian limited powers that can later be expanded through a modification order.

To learn more, visit www.elderlawnewyork.com or www.specialneedsnewyork.com.

If you are considering a nursing home or assisted living facility for yourself or a loved one, you will want to conduct thorough research before making your choice. In the state of New York, the task is made easier by resources available from the New York State Department of Health.

The Department of Health’s website provides a county-by-county database of nursing homes in the state. You can access the list for a particular county by visiting www.nursinghomes.nyhealth.gov and choosing a county. You can then compare the quality of nursing homes in that county according to a number of different metrics, such as the percentage of patients who self-report pain, who have new or worsened pressure sores, who were given appropriate vaccines, and who needed increased help with daily activities. It is possible to view all of the quality measures for a particular nursing home, or to focus on one particular metric and compare the performance of all the nursing homes in that county. Citizens can also request copies of individual inspection results from the Department of Health.

For assisted living facilities, the Department of Health has a county-by-county directory available at www.health.ny.gov/facilities/adult-care/. The contact information for each facility is listed along with the number of beds and the type of facility. The state distinguishes between Adult Homes, Assisted Living Programs and Enriched Housing Programs. The Department of Health also maintains a list of adult care facilities that do not have proper certification, have closed, or should not be used for another reason, such as the revocation of their operating certificate. The Department inspects adult care facilities each quarter, citing them for violations, and publishes the results on its website.

The Department of Health can also provide you with information about your rights and responsibilities as a resident of an assisted living facility or a nursing home, what questions you should ask and what information you are entitled to when you are choosing a facility, and other alternative types of care, such as adult day health care.

Learn more at http://www.elderlawnewyork.com/

No one begrudges people working longer these days. Older workers are valued for their knowledge and wisdom, in most cases. In this case, the Department of Transport in New York was sued for the actions of one of their transportation engineers causing a devastating collision, in the middle of the day, while driving under the influence and behind the wheel of a state vehicle.

The suit stated in part, that the 79-year-old engineer had a known history of drinking on the job and they should have known better than to allow him to drive, never mind keep his job. The man, with 57 years of service, who was also killed in the wreck that took the life of Nancy McQueeny, was legally intoxicated at the time of the accident. His state owned vehicle slammed into McQueeny’s, after veering into her lane.

McQueeny’s family hired a personal injury lawyer and filed a wrongful death lawsuit against the State and the engineer. They will need to wait sometime for the verdict, as this case may be settled by negotiations. If that does not work, there is still litigation, a process that may take several months, if not years. In the meantime, the McQueeny family will need cash to pay their important bills, cash in the form of a lawsuit loan.

Lawsuit funding provides money in advance to plaintiffs waiting for their cases to be settled or go to verdict. The pre-settlement funding is a welcome lifesaver for the family to help them with their tight financial situation. It is not the same thing as a bank loan, even though many people refer to is as a lawsuit loan. The funding is offered in advance, based on the winnability of the case in question.

Litigation funding does not require a credit check, employment history, cash up front or monthly payments, and it is not paid back, until you win your case. Should you lose in court, you own the litigation funding company “zero” money in return. This is a good deal for the plaintiff, and while the funding is generally spent on immediate living expenses and medical bills, it may be used in any way, until the case is settled. Fill out an online application today, or give them a call to find out more.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

It is important to hire an actual attorney. Disability Experts of Florida, Quikaid, and Allsup are not attorneys. Binder & Binder although attorneys in New York send non-attorney clerks to hearings. Avoid these names and others where you don’t meet or can not talk to an actual attorney.

We recommend, to ask to see your representatives Florida Bar card before the Hearing and find that person on the www.FloridaBar.org website to see his or her history with the Florida Bar.

If your Social Security representative is not an attorney you should immediately ask the Judge for an attorney. This is your right.

Don’t be hurt by a law firm sending a non-attorney to your most important day of your claim which will predict the outcome of winning or losing precious benefits.

The Social Security Administration has a list of actual attorneys who can represent you and/or you can call us at 813-657-9175

Alfreda was minding her own business one day in 2009. In fact, she was waiting for the pedestrian walk signal, before she started to cross a busy New York street. The signal changed, indicating it was safe for her to proceed across. At roughly the halfway mark, she was run over by a bus being driven by a Metropolitan Transport Authority driver.

When the emergency medical crew arrived to take her to the hospital, they were not sure she was going to make it. She did, but came out of surgery missing an arm and a leg, and blinded in one eye. At the age of 59 years old, this is a life altering, catastrophic accident that left a woman unable to perform many of the daily living tasks we all take for granted.
Alfreda hired a personal injury lawyer to get her the kind of compensation she would need to be able to pay for her care. The case was successful at trial, and she was awarded $20 million. Trial documents clearly showed that she had waited for the pedestrian walk signal before crossing the road and that the driver ignored the signal.

The transit authority was not happy with the decision and plans to appeal. The authority contends that the bus was already in the crosswalk before the victim, so the driver had the right-of-way. This was a catastrophic accident for Alfreda and she faces a completely different life than she enjoyed before.

Just after her accident, the victim spoke to a personal injury lawyer to start the long process of trying to recover compensation for her serious injuries. She did not have money to pay the enormous medical bills she had incurred, and was trying to wrap her head around how she would get the care she needed without money. Litigation typically takes months or years to resolve. The perfect answer would have been for her to apply for litigation funding from a “lawsuit loan” company.

Pre-settlement funding is an emergency lawsuit cash advance that is designed to allow plaintiffs to get back on their feet financially, and carry them through until the case is resolved by a verdict or equitable settlement. Legal finance is easy to apply for and, if approved, reduces the financial stress associated with a serious injury accident.

Although this “lawsuit loan” may be used as one pleases, plaintiffs should utilize lawsuit finance for important bills and expenses. With financial issues out of the way, plaintiffs have the time and money to let justice take its course and they can decline inadequate offers and wait for a fair, proposed settlement.

If you have been injured in an accident as the result of someone else’s negligence, and you are pursuing a lawsuit with the assistance of a seasoned personal injury attorney, litigation funding is worth checking out if you need cash to pay your bills while the lawsuit is pending.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit &ufding and litigation funding, visit Litigationfundingcorp.com.

Little did he know that his journey would make him into a household name, catapulting him into rock star status in every scientific journal and landing him on every talk show from morning to midnight. But a small patch of a red fern cropped up in Nelsen Mandela Bay and he wanted to be part of conserving the once-lost plant, in hopes of guaranteeing its existence once again on this earth.

He had already travelled to Australia for another discovery and another in New York, causing his peers to deem him the Lazarus finder and keeper of once lost species. The thrill of the corn buttercups’ reappearance in Shropshire, England’s lush countryside, where it was last seen 20 years ago, was the most exciting thing to him. To be a discoverer of lost plants and animals is like finding maps and clues to the lost covenant.

“Do not forget your trusty health insurance when you’re trekking the globe like Raiders of the Lost Ark,” said Matt Lockhard, the Independent California Health Insurance Agent and long-time friend of Harvey’s.

Harvey knew that extra health insurance would do him good on top of what the college gives him, particularly travelling as much as he did to the nooks and crannies of this globe and to every glorious nature preserve.

But Harvey was not casted into the limelight like he once dreamed of, but worked quietly under the auspices of the other celebrated scientists and conservationists. He would periodically report to Matt Lockhard, the Independent California Health Insurance Agent, about his travels and his scientific studies.

“I don’t know about you, Harvey,” Matt said, “but I think all you do is dream of lost plants and animals! Don’t you think that’s odd?”

Harvey, who is also known to a light-hearted joker from time to time, gave it right back to Matt, “Well, just as much as you live and breathe health insurance policies, I suppose, Matt!”

Matt Lockard – California Health Insurance agency offers health insurance plans for individuals, families, and children. Also available are California Medicare Supplement policies. Go to http://mattsinsurance4ca.com to get an instant health insurance quote.


While it took a year to get to court, the driver of a van that killed a pregnant mother and her unborn child was sentenced to 7 to 15 years in prison. The accident happened in 2009 near the Empire State Building on the wedding anniversary of the dead woman.

The driver of the van had a blood alcohol level way over the legal limit when he drove his vehicle on to a sidewalk and pinned the mother to a wall. The woman he killed was a mother of three and had another child on the way when she was killed. Keston Brown was convicted of manslaughter, assault and drunk driving, but acquitted of aggravated vehicular homicide – a felony with a 25-year prison term.

On sentencing, Brown said he suffers every day for what he did, but that did not stop the courts from handing down a hefty sentence for his willful, wanton and recklessness in driving while under the influence, killing Ysemny Ramos and injuring her friend. The evidence presented in court showed that Brown had downed three beers and a shot of cognac just an hour before he killed Ramos. He initially blamed the accident on a mechanical failure that caused him to lose control of his vehicle.

The evidence told another story when eyewitnesses reported he was speeding up and slowing down so a friend could whistle at women. But for the fact that Brown had been drinking before the accident and not totally “with it” while behind the wheel of his van, Ysemny Ramos would still be alive, as would her unborn child. The grieving family would no doubt want to discuss this case with a wrongful death lawyer – a lawsuit that could be filed even while the defendant was in jail.

Losing a mother of three so suddenly and tragically would be a major shock to the family. Bills would keep on coming and they would wonder how they would be able to pay them. The quickest solution to paying bills as a result of an accident would be to apply for lawsuit funding from a litigation funding company. It is user friendly to apply and does not take long to fill out an application online or by phone.

The pre-settlement funding is typically sent to a qualified applicant within 48 hours after their case is approved for a lawsuit cash advance. It does not take long to approve a case, as the legal finance company is right on the ball and responds quickly. They know when someone applies for a lawsuit cash advance that they need help right away.

An emergency lawsuit cash advance is funding that helps the plaintiff pay their bills and hang on until his or her case goes to court. In the meantime, if an insurance company courts them with a low settlement offer, they can turn them down. With pre-settlement funding on hand, they can deal with any financial issue thrown their way until the case is settled in court.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

“Stop this madness,” Willimina howled, as she accidentally stepped in a puddle with her new designer heels. Willimina Hayslett just flew into Los Angeles from New York City to visit her clients regarding her new fall line. Although it hardly ever rains in Los Angeles, she managed to find a muddy pool of water to step into. In the northeast, muddy puddles were just synonymous to the unpredictability of spring.

She was polished and dressed impeccably, for she was a walking symbol of ultimate fashion. But she was, on the other hand, never an optimist. Even as a baby she cried every time her mother tried to put her into her favorite fleece sweater. “Look at that thing, it’s hideous, you would cry too if you had to wear it,” she said to her boyfriend, who was looking with her through her old baby photos. She had a series of handsome boyfriends, but not one was ever suited or stylish enough for her.

“No, not the Willimina Hayslett heels!” exclaimed a man who just witnessed the event.

Willimina looked up to look at the most stylish and debonair man she had ever seen.

“How did you know that these were…?”

“Are you kidding me? Willimina Hayslett is my specialty! I have a store on Rodeo and I sell her stuff. You should come and visit since you are also a big fan of her and you can perhaps get a new pair of heels.”

Perhaps he didn’t recognize who she was with her big black shades, or maybe it was because her hair was up. But then again, she remembered that she didn’t care for photographers too much and avoided them all like a plague, so not too many pictures of her circulated, not even at fashion week in New York or Milan.

“Thank you,” said Willimina, “but I have too many of her stuff in my warehouse, too.”

“Would you care to join me at the café here, where I was sipping my coffee before I witnessed the tragedy?”

Willimina didn’t have to go anywhere until the next day, so she obliged. During the course of their encounter, she learned that his name was William Hatsfield and that he was originally from Powers Lake, South Dakota – not the hybrid of luxurious living that she hoped for but he, after all, was certainly a big fan of her work. As she looked down at her waterlogged heels, she wondered if she should tell him?

Then she remembered what Matt Lockhard, the independent California insurance agent said, “Don’t have to tell the whole story all the time in order for them to believe you!”

“I would love to see your store while I’m in California,” she said to William just short of being interrupted by her cell phone. “Excuse me for a moment, William. Hello, mother…yes, yes, I see… How is the weather in Powers Lake?”

At that moment, William forgot about his infatuation with Willimina Hayslett and fell in love with a hometown girl.

To learn more please visit: http://www.mattsinsurance4ca.com

In such a case, locking assets up in a Special Needs Trust may not be the best way of utilizing assets for the child’s care. There are strict guidelines for the disbursement of a Special Needs Trust’s assets, which are to be used to pay for services not covered by Medicaid, for recreational and cultural experiences and, for the most part, services or items that would enrich the beneficiary’s life. It is important, therefore, that the trust has sufficient flexibility to adapt to changing circumstances. One way of doing this is to initially structure the trust as an inter vivos trust for the benefit of the child. The trustee could have the ability to make income and principal distributions to the child for health, education, maintenance, and other support purposes throughout the child’s life.

If the trustee believes that the child is capable of controlling his finances, then he would have the option of terminating the trust and distributing its assets to the beneficiary. If, however, the trustee determines in the future that the child cannot support himself and would be eligible to receive government assistance, the trustee would have the flexibility to convert this trust to a Special Needs Trust.

This flexible structure permits the child to achieve his potential and allows the trustee to use trust assets in the child’s best interests.

To learn more about New York

elder law, New York estate

planning, or New York

Special Needs visit http://www.littmankrooks.com.

More and More States Encourage or Require Sentencing to Treatment Centers
Some states have implemented legislation that encourages or even mandates this new approach to sentencing drug offenders. The sentencing programs in these states recognize that in some cases, the best solution for drug problems is not increased incarceration but rather increased treatment. California’s law, for instance, requires judges to offer nonviolent drug offenders probation with substance abuse treatment in lieu of incarceration for their first two offenses. The court can choose from a variety of state-licensed treatment programs. The offender’s sentence may also include community service, literacy training, family counseling, and vocational training.

While most states have some kind of law that provides treatment options to drug offenders, California was only the second state to pass a comprehensive program by voter referendum. Arizona was the first in 1996 with its Drug Medicalization, Prevention and Control Act. Arizona’s Supreme Court has found that 75% of the participants in its program remained drug free in the first year, saving the state $2,500,000. Based on these positive results, other states are also working on treatment options for nonviolent offenders. New York’s chief judge ordered the state’s courts to start phasing in a program that would offer nearly all substance-abusing criminals treatment instead of jail time, for example, and North Carolina and Oregon have also passed laws regarding drug court or conditional probation for certain drug offenders. Washington state, too, has provided for sentencing alternatives in drug cases.

These states have demonstrated that by providing treatment to non-violent drug offenders that would otherwise be incarcerated, society benefits in many ways. Millions of tax dollars can be saved by providing treatment, and treatment programs also incorporate vocational and life skill training, thus enabling the drug user to become a productive part of society once again.

Current drug policy places an increasing burden on an already overburdened and over-crowded prison system by incarcerating non-violent drug offenders in spaces that could be better used to house violent criminals. The public stands to benefit from the financial and societal savings that result from treatment versus imprisonment for certain drug offenders, and the offenders themselves benefit from the training and rehabilitation afforded them in treatment centers. If you or someone you know has been charged with a drug-related crime and you have questions about the options that may be available, contact an experienced criminal defense attorney now.

Copyright Nolo