Warning: Declaration of AVH_Walker_Category_Checklist::walk($elements, $max_depth) should be compatible with Walker::walk($elements, $max_depth, ...$args) in /home/seonews/public_html/wp-content/plugins/extended-categories-widget/4.2/class/avh-ec.widgets.php on line 62
Social Security Disability | SEONewsWire.net http://www.seonewswire.net Search Engine Optimized News for Business Tue, 09 Dec 2014 23:45:51 +0000 en-US hourly 1 https://wordpress.org/?v=6.0.8 When Determining Fault is a Lengthy Legal Process, Litigation Funding Can Come to the Rescue http://www.seonewswire.net/2014/12/when-determining-fault-is-a-lengthy-legal-process-litigation-funding-can-come-to-the-rescue/ Tue, 09 Dec 2014 23:45:51 +0000 http://www.seonewswire.net/2014/12/when-determining-fault-is-a-lengthy-legal-process-litigation-funding-can-come-to-the-rescue/ A 2008 accident between a SUV and a utility truck left the driver of the SUV paralyzed for life. Each driver alleged that the other rain a red light; each claimed the other caused serious injuries. The two cases were

The post When Determining Fault is a Lengthy Legal Process, Litigation Funding Can Come to the Rescue first appeared on SEONewsWire.net.]]>
A 2008 accident between a SUV and a utility truck left the driver of the SUV paralyzed for life. Each driver alleged that the other rain a red light; each claimed the other caused serious injuries. The two cases were consolidated, then tried together. The jury found the utility truck driver 95% negligent and the sport utility driver 5% negligent. The award was $25 million, reduced to $23.8 for the 5% comparative negligence.

Despite a favorable settlement, it was a long legal battle, especially for the paralyzed victim who could no longer work. Ever wonder how a person who cannot earn a living litigate a case for so many years, without assistance in paying ordinary bills and expenses? Social Security Disability benefits may have helped in this case, but these benefits most likely fell far short of paying this man the wages that he was making before the accident. He could/may have sought litigation funding.

Auto accident litigation funding is not just a good option; it is often times the only option. Expenses that an injured victim can suddenly cannot afford can be normal, everyday costs, but these are compounded by the following additional bills and expenses:

• Hospital and medical bills
• Physical therapy
• Medication
• Lost income or wages

Litigation funding has the priceless quality of assisting victims in turning down unreasonable and insulting offers from insurance companies which are trying to take advantage of the plaintiffs’ financial distress. Legal finance services are easy to apply for, either online or by phone. It costs nothing to apply, there are no credit checks, no employment requirement, no upfront fees, and no hassle. If your case is approved, the money is yours and is in your hands within 24-48 hours. Use litigation funding proceeds to pay important bills and expenses: Excess medical expenses, mortgage or car payments, tuition, rent, groceries are some of the many good ways to use legal funding. And, funding is completely contingent upon the outcome of your case; you only have to pay us back if you win your lawsuit and receive compensation.

If you don’t have the financial ability to wait out the litigation process for a settlement or verdict in your auto accident lawsuit, litigation funding could be a lifesaver. Simply complete our easy, online application or call our office toll-free. Our experienced and professional staff can help you understand the legal finance process so you can determine if a lawsuit cash advance is right for your case.

The post When Determining Fault is a Lengthy Legal Process, Litigation Funding Can Come to the Rescue first appeared on SEONewsWire.net.]]>
Social Security Judges File Lawsuit Alleging They are Held to Quotas http://www.seonewswire.net/2013/06/social-security-judges-file-lawsuit-alleging-they-are-held-to-quotas/ Wed, 12 Jun 2013 05:29:28 +0000 http://www.seonewswire.net/2013/06/social-security-judges-file-lawsuit-alleging-they-are-held-to-quotas/ Claims for Social Security Disability Insurance take a long time to be processed and decided these days. An increase in the number of claims in recent years has caused wait times for some applicants to stretch into the hundreds of

The post Social Security Judges File Lawsuit Alleging They are Held to Quotas first appeared on SEONewsWire.net.]]>
Claims for Social Security Disability Insurance take a long time to be processed and decided these days. An increase in the number of claims in recent years has caused wait times for some applicants to stretch into the hundreds of days. It is in everyone’s best interest for this backlog to be eliminated so that every new application can be decided in a timely manner.

To that end, the Social Security Administration (SSA) encourages its administrative law judges (ALJs) to hear between 500 and 700 claims each year – they call the numbers a “goal.” But some judges claim that the numbers constitute an unlawful “quota.” And now the judges are taking the SSA to court.

The Association of Administrative Law Judges (AALJ) recently filed suit on behalf of 1400 of its members, claiming that the SSA’s expectations cause them to have to improperly rush evaluations. It also creates an incentive to approve cases because approvals are faster than denials. This leads to the potential approval of claims that should be denied, which results in greater fraud, abuse, waste, and expense to taxpayers, the judges say. Their specific legal allegation is that the agency’s directive violates the Administrative Procedure Act and the Social Security Act. They also claim, contrary to the agency’s statements, that judges who do not hear enough cases are subject to reprimands, “counseling,” and “threats and intimidation,” according to the lawsuit.

SSA Commissioner Michael J. Astrue, who was appointed by President Bush, stepped down in February, 2013. President Obama has not yet named a successor – the agency is currently headed by acting commissioner Carolyn Colvin, a former secretary of the Maryland Department of Human Resources. Judge Randall Frye, president of the AALJ, says a lack of permanent leadership may be contributing to the problem.

“One way to protect the treasury and help deserving claimants is to end the quota system,” Frye said. “However, an acting commissioner may not feel that she has the authority to make the necessary changes and correct problems.”

Meanwhile, the Disability Insurance Trust Fund, from which disability benefits are paid, is currently paying out more than it is taking in. It is projected to reach zero in 2016. If that were to happen, it would result in an immediate 21 percent cut in benefits to nearly 11 million Americans with disabilities.

Disability insurance, like most government programs these days, faces intense budgetary pressures. Even in good economic times, ALJs will scrutinize disability claims to make sure taxpayer money is not wasted. If you are disabled, it pays to have an experienced Social Security Disability attorney on your side to get you the benefits you deserve in a timely manner.

Alston & Baker, an Affiliation of Professional Associations: The Law Office of Robert C. Alston, Esq., P.A. and The Law Office of Marcie L. Baker, Esq., P.A. To contact a social security attorney call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

The post Social Security Judges File Lawsuit Alleging They are Held to Quotas first appeared on SEONewsWire.net.]]>
Do Not Believe Non-Lawyer Websites Who Post 95% Success Rates! http://www.seonewswire.net/2012/10/do-not-believe-non-lawyer-websites-who-post-95-success-rates-2/ Mon, 22 Oct 2012 19:06:58 +0000 http://www.seonewswire.net/2012/10/do-not-believe-non-lawyer-websites-who-post-95-success-rates-2/ Continually we see claimants who have had a non-lawyer representative whose company boasts a 95% success rate when in fact it is simply not true. No lawyer website can ethically advertise with success rates in percentages because it is misleading and

The post Do Not Believe Non-Lawyer Websites Who Post 95% Success Rates! first appeared on SEONewsWire.net.]]>
Continually we see claimants who have had a non-lawyer representative whose company boasts a 95% success rate when in fact it is simply not true. No lawyer website can ethically advertise with success rates in percentages because it is misleading and yes, unethical. Each claim is different and if it is to good to be true, well, do not be fooled. If a representative is boasting win percentages ask for a comprehensive statiscal analysis done by a third party to prove the approval rate. In almost every instance you will receive no response. In fact once a company, website, or individual boasts a 95% win rate or call themselves “experts” you should avoid these representatives.  There is nothing “expert” about less education and misleading statements about success rates.

There are many lawyer representatives which can provide a realistic analysis and help in your Social Security Disability claim. Also there is a governing body in each lawyer’s state who can take real action in case the lawyer misrepresents himself/herself. On the contrary, non-lawyers have little regulation, educational requirements, and no license is required. Being “certified” as a non-lawyer is taking a couple hour test via SSA which does not give any oversight to actual educational requirements besides passing a singular test.

It is easy to be mislead by a multitude of the non-lawyer advertising in the Social Security Disability process, just don’t make the mistake of being fooled by absurd success rates.

David W. Magann, Esq.

USMC Veteran

www.TampaVeteransLawyer.com

813-657-9175

 

The post Do Not Believe Non-Lawyer Websites Who Post 95% Success Rates! first appeared on SEONewsWire.net.]]>
Self Employed Work: if you have a Social Security Disability claim, beware! http://www.seonewswire.net/2012/06/self-employed-work-if-you-have-a-social-security-disability-claim-beware-2/ Fri, 22 Jun 2012 21:59:52 +0000 http://www.seonewswire.net/2012/06/self-employed-work-if-you-have-a-social-security-disability-claim-beware-2/ Those engaging in self employed work while having an ongoing Social Security Disability claim have a greater burden of proving the work is not substantial, gainful actvity (SGA). In general, if a worker in the year 2012 makes $1010.00 (non-blind worker)(blind

The post Self Employed Work: if you have a Social Security Disability claim, beware! first appeared on SEONewsWire.net.]]>
Those engaging in self employed work while having an ongoing Social Security Disability claim have a greater burden of proving the work is not substantial, gainful actvity (SGA). In general, if a worker in the year 2012 makes $1010.00 (non-blind worker)(blind worker SGA $1690.00) or greater SGA will be assumed unless otherwise proven. See, SSR 83-24, 20 C.F.R. §§ 404.1573, 404.1574, 404.1575, 404.1576.  Even if the “self employed” worker does not make $1010.00 or greater, via a paycheck or otherwise, then SSA can impute SGA. In other words, that you made $1010.00 or greater, by your “services rendered” to the business. So, you can be self employed and lose money while doing so, but the “services rendered” rule can attribute SGA to you, thus no disability.

Any self employed person has a duty to report ANY and ALL work activity to SSA. Beware, often the Office of Inspector General (OIG) (investigative unit for SSA) will follow or use surveillance on an SSA claimant who was or is currently engaged in self employment work. Do not take a chance, assume you are being watched. Report all work activity to SSA in writing via U.S. Certified Mail. Obtain legal counsel for specifics on what the reporting should consist of to the SSA.

The interplay of the 12 consecutive month rule, meaning you have not engaged in SGA work activity over 12 consecutive months, and those “self employed”, is a SGA minefield for not qualifying for disability benefits. In general, those “self employed” claimants who go before a Judge must provide a monthly breakdown of an income and loss statement, provide details on the type of business, volume of business, and with specific regard, as to the “significant services” (services rendered rule) you the claimant/worker performed. The Judge must also consider the comparability and worth of the work.

The above details are a minefield which can be easily avoided. Simply do not engage in self employed work while your Social Security Disability claim is pending. If you have an incorporated business you should resign all officer positions. In Florida see, www.sunbiz.org if you are not sure about being an officer of the corporation. Holding stock in a corporation, closely held or otherwise does not impute “self employment” in and of itself. Self employment work is detail specific. If you are answering a phone for a business, this is indicative of work activity. Arranging deliveries, setting up work or jobs for another, scheduling deliveries of business related goods, etc., are examples of engaging in work activity. Do NOT split hairs in regards to self employment work. For example, a claimant may have a spouse or relative in the house who is self employed. The claimant must not “help” the spouse or relative with anything for the business enterprise. That spouse or relative is not to depend on a Social Security Disability claimant who alleges “total disability”. Common sense should be utilized. In the end, obtain an actual attorney, do not hire a law firm from the television, many send non-attorneys to your hearings which is not fully disclosed to you. Do your research, hire an attorney who will see you in person and can discuss the law of SSA’s self employment rules.

For more information please contact:

David W. Magann, Esq.

U.S. Marine Corps Veteran
David W. Magann, PA
813 657 9175
toll free: 855-418-9354
Offices: South Tampa, Tampa Airport Location and
Brandon (Main)

 

The post Self Employed Work: if you have a Social Security Disability claim, beware! first appeared on SEONewsWire.net.]]>

Deprecated: Directive 'allow_url_include' is deprecated in Unknown on line 0