Elder law attorneys are probably the most overlooked tool for incapacity planning. Beyond providing the legal documents and tools for effectively coordinating decision making and financial management, elder law attorneys provide an experienced concierge in areas most people have not confronted, such as coordination of benefits, hiring of supplemental providers, and coordinating financial planning. Furthermore, elder law attorneys focus on the effective implementation of their documents. Put simply, a power of attorney or other document is false comfort if the document cannot be used effectively when needed.

Aside from attorneys, financial advisors are underutilized as a tool to address incapacity and death. Building a solid relationship with a financial advisor can be an extremely effective way of coordinating assets at death, preventing or mitigating financial exploitation, and budgeting for medical expenses. If you have a financial advisor that you have been working with it is important that your advisor and your attorney are “on the same page” so that your legal and financial plans are coordinated effectively.

Age, dementia, and other issues can cause individuals to be more susceptible to scams or even result in a change in personality. While financial advisors used to limit their focus almost solely to investment return, most are realizing that placing alerts for unusual expenditures and regularly discussing budgeting and other matters with clients. The increased focus on these concerns provides an important service and some protection in the event of incapacity. Frequently, we meet with individuals who have only realized the extent of their cognitive decline due to issues brought up by their financial advisors such as unusual withdrawals, large expenditures, increased purchases, and other general changes in financial behavior.

A third overlooked tool is a trusted CPA. Many individuals think that their income picture in retirement is so simple, that they do not need a CPA to assist in preparing their tax return. However, having returns regularly filed with a CPA provides a quick and easy place for a substitute decision maker or executor to go in the event of incapacity or death, respectively. Furthermore, we frequently see individuals who self-file tax returns miss out on important tax benefits available to older clients, such as deductions for long term care premiums, deductions for healthcare expenses, and “catch-up” contributions to retirement savings. Sometimes we see families who fail to properly plan payments for the benefit of a medically needy family member in order to claim them as a dependent. These benefits quickly justify the cost of using a CPA experienced in income tax planning and filing.

A fourth overlooked set of tools are the multitude of services and applications that have proliferated to address coordination of banking, account, health, and other information. Most banks have created smartphone applications to manage accounts, which is a great help to any family caregiver. Mobile payment platforms for in-home care services prevents the need to trust new caregivers near cash or checkbooks, while delivering instant and direct payment for their services and keeping a clear record for tax and other reporting needs. Password applications provide a digital vault to keep your passwords so that they can be accessed by your substitute decision maker in the event of your incapacity or death (or by you, if you’ve forgotten a password). Other applications can help you (or a trusted loved one) keep track of your finances, health data, and other important information in an easily accessible location. While these services do come at an expense many of them quickly justify their costs in the security, comfort, and protection they provide.

As new products and services develop, we at Hook Law Center are constantly working to stay abreast of changes and trends. By specializing in elder law, our attorneys and staff can assist in more than coordinating your legal plan, we can help find ways for you and your family to smooth the inevitable transition that occurs during illness, incapacity, or death. If you are curious how some of these tools can be used to better serve you or your family members, please call our office to schedule an appointment to discuss your needs.

Ask Kit Kat – Bao Bao Returning Home

Hook Law Center:  Kit Kat, what can you tell us about that adorable panda 3-year old who is currently at the Washington, DC National Zoo?

Kit Kat:  Well, sadly, Bao Bao, a female giant panda, will soon be leaving Washington, DC and returning to her home country, China. The zoo has not yet set an exact date for the trip, but they are scheduling some goodbye events before she goes. Though born in the United States on Aug. 23, 2013, she will be sent to her home country by the time she turns age 4. Bao Bao’s mother, Mei Xiang, is from China, and by agreement with the China Wildlife Conservation Association, any cub born at zoos in the United States must return to China around the time that they turn 4 years of age. Bao Bao was the first baby panda since 2005 to survive birth at the zoo and thrive. 4 years of age is when a panda is capable of breeding.

Bao Bao has been living an independent life at the zoo since March 2015. She is kept separate from her mother, Mei Xiang. This is to prepare her to lead a solitary life like she would be living, if she were in the wild. Separation usually occurs around the age of 18 months to 2 years.

Preceding Bao Bao was Tai Shan, another panda born on July 9, 2005 at the National Zoo. Tai Shan was returned to China in February 2010. Alas, for a little while, we can enjoy the company of Bei Bei, a male giant panda, born on Aug. 22, 2015. He’s only 1.5 years old now, so we still have time to watch him mature and grow to adulthood. ( Michael E. Ruane, “Bye Bye, Bao Bao,” The Washington Post, Local section, January 18, 2017)

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Hook Law Center encourages you to share this newsletter with anyone who is interested in issues pertaining to the elderly, the disabled and their advocates. The information in this newsletter may be copied and distributed, without charge and without permission, but with appropriate citation to Hook Law Center, P.C. If you are interested in a free subscription to the Hook Law Center News, then please telephone us at 757-399-7506, e-mail us at mail@hooklawcenter.com or fax us at 757-397-1267.The post Commonly Overlooked Tools for Incapacity Planning first appeared on SEONewsWire.net.]]> http://www.seonewswire.net/2017/01/travel-in-these-uncertain-times/ Mon, 30 Jan 2017 22:37:56 +0000 http://www.seonewswire.net/2017/01/travel-in-these-uncertain-times/ We recommend that all non immigrants refrain from leisure travel outside the US for the next 90 days For the next 90 days, nearly all travelers, except U.S. citizens, traveling on passports from Iraq, Syria, Sudan, Iran, Somalia, Libya, and…

Senators Lindsey Graham (R-S.C.) and Dick Durbin (D-Ill.) are promoting the Bar Removal of Individuals who Dream and Grow our Economy, or the BRIDGE Act. The proposed legislation would protect deportation reprieves and at least 740,000 young immigrants who received work permits as low priority removal candidates with no criminal record, under the Obama administration, allowing DACA recipients to keep those benefits for three additional years. Senators Jeff Flake (R-Ariz.), Dianne Feinstein (D-Calif.) and Lisa Murkowski (R-Alaska) are also supporting the bill. It is unclear how much support the bill will have in the Republican-controlled Senate.

Many welcomed the introduction of the bill, noting that the United States has invested in educating young immigrants who were brought here as children, and three-quarters of a million of them have come forward to pursue higher education and become tax-paying members of society.

The young immigrants who qualify for Obama’s deferred action initiative are often referred to as DREAMers because they constitute most of the individuals who meet the requirements of the Development, Relief and Education for Alien Minors (DREAM) Act, a legislative proposal that has so far failed to pass Congress.

Moreover under 8 CFR §214.2(b)(2), Canadian visitor’s with a B visa has to be given a minimum of 6 months. I-94s might be given for shorter duration.

This procedure, done very quietly by CBP, might put a lot of Canadians in illegal status. Then depending on the length of their illegal stay, they may be barred from entering the United States for 3 to 10 years. This bar means no cross border shopping or even visiting your winter home down south.

Please go here to check your I-94 and get the date by which time you will need to leave USA.

For more information, please contact Banerjee & Associates.

Deviation from the higher standard of care expected from medical personnel and in particular surgeons, may result in an incorrect diagnosis, botched treatment and post-operative care, permanent damage to the patient or a loss of life.

This story outlines the heartbreak one family endured when their infant was allegedly subjected to 25 experimental surgeries.

The child was born in 2009 with a leak in his esophagus, a condition considered non-life-threatening. In what the surgeon suggested was an attempt to help the infant, Dr. Mark Holterman performed 25 operations over a 17-month period, or approximately 2 operations per month. Now the child suffers from irreversible brain injury and cerebral palsy.

The infant’s family Filed a medical malpractice lawsuit alleging the operations showed a lack of oversight on the part of the hospital and that the surgeon was irresponsible and medically negligent. The plaintiff obtained a $30 million settlement, considered to be the fourth largest medical malpractice settlement in Illinois involving a child.

The unbelievable expenses this family faced were most like astronomical. One option they could have pursued to deal with the staggering medical bills while waiting for a settlement would have been to apply for a “lawsuit loan” from a litigation funding company. Pre-settlement litigation funding is a non-recourse cash advance awarded strictly on the strength of the case. Applying for litigation funding takes less than five minutes and with the cooperation of the attorney-of-record, the lawsuit cash advance can be sent to an approved plaintiff within 48 hours of their initial application. Plaintiffs do not make any payments other than a pre-determined lump sum on successful settlement or court verdict. If the lawsuit is lost, the plaintiff keeps the litigation funding free of charge.

To learn more about litigation funding and if it is right for your case, contact Litigation Funding Corporation at 1.866.LIT.FUND.

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

Deborah Craven, 60, was scheduled to have eights rib removed in May 2015 at Yale Hospital in Connecticut. The operation was consider a success, but when Craven woke up, she was still experiencing pain at the surgery site. She was sent for an X-ray, where it was discovered that the wrong rib had been removed and metal coils used during the surgery had been left inside of her. Ms. Craven was immediately prepped for another operation by a different doctor than the one who performed the first surgery. She was told the second surgery was necessary because not enough of the first rib had been removed. At no time was Craven told that the surgery was necessary because the wrong rib was removed. After learning about the doctor’s attempt to cover up his mistake, Craven filed a medical negligence lawsuit seeking compensation for medical expenses, rehabilitation, and possibly punitive damages if the court finds the surgeon’s action egregious.

While waiting for her lawsuit to reach settlement or court, Craven would still need to pay medical bills accrued from both surgeries and various medical tests. Those extra and very large bills, over an above her regular financial obligations, may be difficult to pay. The perfect solution for her during the litigation process may be to apply for litigation funding either online or by calling, toll free from anywhere within the United States. 1-866-LITFUND (548-3863)

There is no cost associated with applying for a lawsuit loan and no fees are charged unless you win your case. Should you lose the case in court, you keep your pre-settlement funding, and do not pay one dime back. If the case is successful in court you repay a flat fee amount according to your contract terms. However, you also get a rebate if there is an early settlement and a fair compromise should the settlement be disappointingly inadequate.

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

A 33-year-old welder was unexpectedly electrocuted while he was on-the-job at a recycling center in October 2014. He was assisting several other workers in replacing the metal roof of an electrical transformer substation. The man’s widow filed a wrongful death lawsuit naming 24 defendants.

The lawsuit seeks compensation for pain and suffering sustained by the man prior to his death and compensation for his family and next of kin who suffered financial and emotional damages as a result of his sudden death. It is further alleged that the man believed the electrical line, which caused his death, had been de-energized. In addition the tool used to test for a live line was roughly 15 years old and should have been taken out of service after two years as required.

The Occupational Safety and Health Administration (OHSA) investigated the welder’s death and the company he worked for was cited for nine alleged safety violations that contributed to his death. Eight violations were rated as serious and one categorized as a repeated offense. The company was hit was a penalty of $115,000 subsequently negotiated down to $63,250. There were also three other serious violations for failing to train electrical workers in safe workplace practices.

The widow would face a difficult time and the case may take a number of months or perhaps years to reach a settlement or go to trial. It is likely going to be difficult paying the rent or mortgage and there is very little money left over after paying for funeral and burial expenses. Plaintiffs may be worried about how they are going to find the money to make ends meet?

A lawsuit cash advance, may be the right option for cash strapped plaintiffs. Pre-settlement funding can be arranged from anywhere in the United States by calling Litigation Funding Corporation’s toll free number – 1-866-LITFUND (548-3863). Write out a list of questions before calling about a lawsuit cash advance.

There are a number of other terms for a lawsuit cash advance, such as lawsuit loan, pre-settlement funding, legal funding and case financing. A lawsuit loan is emergency funding that helps a plaintiff get back on their feet financially and pay all of their bills and monthly financial obligations.

It might be the solution for any financial problems resulting out of a pending personal injury case.

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

Sgt. John W. Perry was one of two individuals killed in an explosion at a United States airbase on November 12^th. Perry, 30, along with PFC. Tyler R. Iubelt died from injuries after an attack by an apparent suicide bomber at Bagram Airfield.

Stewart Perry, John’s father, along with wife, Kathy, and daughter were flying to Philadelphia where they were to travel to Dover Air Force Base in Delaware to receive John’s remains. Departing from Sacramento, the family had a quick transfer in Phoenix. Afraid that the Perry family would miss their flight to Philadelphia after a 45 minute delay in Sacramento, the captain of the flight announced that all passengers should remain seated to let a “special military family” exit the aircraft first. The family then proceeded to receive boos and complaints for their preferential treatment.

“It was really disgusting on the passengers’ part,” Stewart said in an interview, “It was just disgusting behavior from people in first class; it was terrible to see.”

Of course, Mr. Perry had nothing negative to say about American Airlines, who had accommodated him and his family in the exchange. Perry said, “You could see the disappointment from the flight crew.”

Instances such as these are a product of the disconnect between the American public and the sacrifices of military families. We encourage individuals to be thankful of veterans and active duty and to take into consideration the burden they bear. A greater awareness of the military’s role is a positive step that will combat the negative consequences of a military disconnected from the national conscience.

This document is to be completed by foreign nationals entering the United States with nonimmigrant visas. Travelers entering the United States by land may now save time by paying the $6 I-94 application fee and entering their biographical and travel information online, up to one week before entry.

The goal of advance online I-94 processing, is to expedite entry via land ports and reduce administrative duties of CBP officers, while maintaining high levels of security.

Travelers may now submit information online that would otherwise be collected in person at the land port of entry. Upon submitting the application and making payment, on the I-94 website, travelers will receive a provisional I-94 that includes biographical and travel information. To use the online submission, travelers arrive at a land port of entry, within one week, and speak to a CBP officer to finalize the I-94 issuance process, which may include biometrics. The Arrival Departure Record provides evidence of lawful admission to the United States.

The CBP automated the Form I-94 process for air and sea arrivals in May 2013, and estimates saving the U.S. government approximately $34.5 million in the first two years of its operation.

Nepalese citizens seeking to register for this extension of TPS must do so within the 60 day window between October 26, 2016 and December 27, 2016.  Nepalese TPS applicants will receive a new Employment Authorization Document (“EAD”) with a June 24, 2018 expiration date.  USCIS acknowledges that some applicants will not receive their new EAD before their current EAD will expire on December 24, 2016, and for that reason, the announcement of the TPS extension designation also automatically extends existing EADs through June 24, 2017.  Employers are cautioned to comply with USCIS instructions in re-verifying automatically extended EADs.

Plaintiff Melancon’s baby was born in December 2013. Four days later the newborn, named Olivia, died, ostensibly as a result of the doctor’s delay and the use of forceps when the baby was in distress.

According to documents filed in this medical negligence case, Dr. George Backardjiev, attempted to use forceps to deliver the baby rather than ordering a C-section, despite the fact that the child was in distress and a natural vaginal birth was considered to be unsafe.

Nurses working with the physician, although allegedly uneasy about the situation, deferred to the doctor’s orders to increase Pitocin and keep Melancon comfortable. During the attempt at vaginal delivery, the physician attempted to use forceps three times. On two occasions they slipped and the doctor then ordered a C-section.

According to the lawsuit, by the time the C-section was ordered, the baby had sustained a partial skull fracture and brain hemorrhaging. She went into multi-organ failure and was removed from life support.

The jury in this case awarded the mother $10.2 million.

The medical bills in this case would have been extremely high, especially considering the child had to be transferred to another medical facility to receive critical care. The parents would have likely had to struggle to pay those expenses in addition to their own monthly financial commitments.

To meet those larger financial obligations, the Melancon’s could have researched litigation funding. It is the fastest and easiest path to get a lawsuit cash advance by simply completing a litigation funding online application that takes about five minutes or less. The Litigation Funding Corporation may be reached, toll free, at 1-866-LITFUND, from anywhere in the United States.

The next step is to speak with an attorney and notify them that a lawsuit loan company was contacted and that they intend to request information about the case. After that, the rest of the process is taken care of by the litigation funding and lawyer’s staff. If all things go well with the request for information, the pre-settlement funding may be received in 48 hours or less.

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

A criminal complaint stated he manipulated Comverse options and sold stocks worth around $150 million between 1991 and 2005. Alexander admitted in court that he and other executives defrauded investors out of millions of dollars by using “backdating” to choose dates for granting options for employees. He made a profit of $138 million.

Alexander fled to Africa with his family in 2006 while he was under investigation for backdating stock options. Prosecutors were preparing to bring a fraud case against him for the scheme that allowed the purchasing of stocks at huge discounts. Alexander was indicted on 35 counts including fraud, conspiracy, witness tampering and obstruction of justice.

However, after returning to the United States 10 years later Alexander pleaded guilty to just a single count “relating solely to backdating.” The indicted executive’s lawyers asked for his release on a $25 million bond, arguing he was not a flight risk. U.S. District Judge Nicholas Garaufis denied bail, claiming that Alexander was untrustworthy.

The former CEO will be kept in a maximum-security prison until his December 16 sentencing. He could face up to 10 years in prison. Alexander’s attorney claimed he returned from Namibia “so he would have this nightmare behind him.”

A wrongful death lawsuit was recently filed by the family of a woman who allegedly died after taking medication prescribed by her doctors. According to the lawsuit, doctors failed to properly evaluate the woman’s condition and evaluate her medical history before prescribing Fluconazole, a medication that is used to treat fungal or yeast infections in the body. The complaint states that as a result, the woman suffered serious injuries, which led to severe deterioration in her health and ultimately her death. The lawsuit seeks damages greater than $50,000.

Although no amount of money can bring back their loved one or make up for the pain and suffering they have endured, this family has the right to be compensated. Unfortunately, receiving just compensation can take years, time which is often a financial burden for plaintiffs faced with medical and/or funeral and burial expenses. When a plaintiff does not have the financial resources to wait for justice, litigation funding is a great resource to see the case through to a fair and equitable settlement.

Litigation funding is a cash advance against the proceeds of a case. Without this option, desperate plaintiffs are often forced to settlements too soon, for too little. A plaintiff is eligible for funding once he/she has attorney representation. The next step is to complete an online application or call Litigation Funding Corporation. We will then request case documentation from the plaintiffs’ attorney to determine its strength and the funding amount. Approvals are typical provided within 24 – 48 hours because we do not need a credit check, employment verification, or collateral in order to fund a case. Best of all, there are no payments until the case settles, at which time we are repaid from the proceeds of the settlement. If the case is lost, the plaintiff is under no obligation to repay the cash advance.

To learn more or to apply for litigation funding, contact the legal funding experts at Litigation Funding Corporation.

Rather than bore you with technical requirements when assessing whether your loved one needs care, you should consider whether the individual has a diagnosis or receives medical treatment that limits the individual’s ability to manage his/her own care or maintain himself or herself in their home independently. If he/she is unable to manage care independently, your loved one may need additional services – whether provided in home, or in a facility.

To meet the nursing home level of care requirement, the individual who needs assistance must be unable to manage three Activities of Daily Living (ADL). ADLs include: feeding, bathing, dressing, walking, transferring, and continence.  Many of our clients may have sufficient needs, but are still able to manage their ADLs. As a result, a nursing home is not a suitable placement.

When individuals are able to manage the majority of their ADLs, but are unable to perform Instrumental Activities of Daily Living (IADL), such as cooking, driving, shopping, managing finances, managing medication, cleaning, etc., we recommend less restrictive care options. Many clients who have some impairment can sufficiently live independently, or remain in their home with minimal assistance. Other clients may need to be placed into a more structured environment for more intensive oversight.

Whether your loved one needs immediate care, is in a financial crisis, or whether your loved one should start planning in light of possible long-term care needs down the road, we can help assess care options and financing.

Ask Kit Kat – The Lowly Vole

Hook Law Center:  Kit Kat, what can you tell us about voles?

Kit Kat:  Well, it turns out a lot. I’ve written previously on moles and mice, but the prairie vole it turns out has a lot to offer, too, in the way of contributing to scientific research and its applicability to humans. Researchers at the University of Virginia have chosen them as research subjects, because they are a lot like humans with regard to mating and parenting. The prairie vole breeds year round and can have as many as 4 pups per litter. They are found in the central part of the United States from New Mexico to Ohio and West Virginia. They are small and never weigh more than 3 ounces!

Anyway, there is a relatively new field in science call behavioral epigenetics in which cell changes from environmental factors are examined. The cell itself does not really change, but how it reacts can change depending on things that happen to it. Additionally, some scientists believe that these cell reactions can be passed down to future generations. ‘Offspring of low-care parents (voles) become low-care parents themselves, and this alters the epigenome of the next generation of offspring,’ says Kelly Wroblewski (UVA Grad ’20). It happens through a process called methylation, in which the effectiveness of the gene is reduced. In the case of prairie voles, they found that voles with parents who spent little time with them had more trouble bonding with potential mates and their own offspring. The implication for humans is that offspring of parents with mental health weaknesses such as depression or victims of trauma could be pass their impaired coping mechanisms down through the generations.

More research needs to be done, but it is intriguing that this humble creature is very useful to humans in their quest to understand how emotions and their resulting behaviors can be passed down to offspring, just as much as a predisposition to acquire certain physical ailments.

(“What can voles tell us about ourselves,” UVA Magazine, Fall 2016, p. 45)

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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 Determining the Appropriate Level of Care first appeared on SEONewsWire.net.]]> http://www.seonewswire.net/2016/09/u-s-customs-and-border-protection-to-issue-waivers-to-qualifying-nonimmigrants-for-5-years/ Wed, 21 Sep 2016 17:08:13 +0000 http://www.seonewswire.net/2016/09/u-s-customs-and-border-protection-to-issue-waivers-to-qualifying-nonimmigrants-for-5-years/ The Admissibility Review Office (ARO) of U.S. Customs and Border Protection (CBP) announced that it will begin approving nonimmigrant waivers for a five year period, rather than the previous one or two year period. As background, all non-citizens seeking to…

Contrary to popular belief, once someone has died, in most situations there is no reason to rush to the courthouse to record the will and qualify as executor, nor is there a specific deadline to do so. The first priority is typically to make funeral and burial arrangements and see them through.  Next, take some time to gather information about the decedent’s assets and debts.  Where did he or she have bank accounts, investment accounts, retirement accounts, life insurance, and real property?  How were those assets titled?  Were there beneficiaries named?  Any asset in the sole name of the decedent and for which there was no beneficiary named will pass through the decedent’s probate estate.  The court is interested only in those assets passing through the probate estate, and not in assets that will pass directly to a joint owner or to a named beneficiary.

Once you have a good understanding of the decedent’s assets, consult with an experienced trusts and estates attorney. Depending on how much will be passing through the probate estate, the attorney may recommend that you simply record the original will in court without qualifying as executor. Often if the total value of the probate estate is below $50,000, there is no reason for an executor to qualify – and to take on the responsibilities (including the filing of an inventory and accounting(s)) and liabilities associated with serving as executor.  There are other ways to close out what’s considered a “small estate” without going through the full probate process.

If there are insufficient assets to cover the decedent’s outstanding debts, the estate is considered “insolvent,” and debts must be paid in a specific order as prescribed by the Virginia Code. It is extremely important that the executor pay debts in this order as opposed to paying debts as he or she sees fit, because the executor can be held personally liable for debts of the decedent if he or she fails to follow that order.

On occasion, I will meet with an individual who has already qualified as executor unnecessarily, usually because the value of the estate he reported to the court includes the value of a retirement account or life insurance policy which names beneficiaries. The steps we then must take in order to relieve the executor from going through the involved, often lengthy probate process are more complicated than if the executor had spoken with us before qualifying.

If a loved one has named you as executor of his or her will, you can save yourself a lot of time, effort and expense by seeking the advice of an experienced attorney before qualifying as executor in court.

Ask Kit Kat – Learning From Dogs

Hook Law Center:  Kit Kat, what can you tell us about dogs being used in medical research which can actually help humans?

Kit Kat:  Yes, there is some ground-breaking information on this topic. Here’s the latest. It turns out that dogs make excellent research subjects for scientists who want to locate the precise gene which is responsible for controlling the development of specific diseases. While humans have approximately 1 million genetic markers, dogs only have 170,000. That sure reduces the amount of what sometimes ends up being random testing. Scientists came to this conclusion back in 1999 when Emmanuel Mignot of the Stanford Center for Sleep Sciences and Medicine was able to isolate the gene responsible for narcolepsy in Doberman pinscher puppies. Dobermans are prone to narcolepsy. That finding led to identifying the gene in humans.

There are other examples where different dog breeds have higher than normal ratios of specific diseases. Cancer is more prevalent in golden retrievers, epilepsy in beagles, and autoimmune disorders in Siberian huskies. As this realization has grown, new grants from prestigious institutions such as the National Institutes of Health are becoming available. While some scoff at the idea, others say it is no more unreasonable than using mice, heretofore the standard animal used to further research for humans.

Also, scientists are beginning to tap the huge reservoir of household canines for information collection. The estimated number of pet dogs in the United States is 77.8 million! Elinor Karkson of the Broad Institute of MIT and Harvard says they are an “…incredible resource for science.” No one knows their dog better than its owner. Their insights and record collection are building a bank of data that will be used in medical research. The Broad Institute has invited dog owners to participate in an online survey of 10 questions since October 2015 called Darwin’s Dogs. By June 2016, dog owners had answered more than 616,000 questions, and volunteered almost 7,000 pets as available for DNA sampling. It’s a win for everybody! Stay tuned as we learn more from out canine friends. (http://www.ozy.com/fast-forward/what-dogs-can-teach-us=about-ocd-and-cancer/68623) (8-29-16)

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Distribution of This Newsletter

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 My Loved One Just Died and I’m Named as Executor . . . Now What? first appeared on SEONewsWire.net.]]> http://www.seonewswire.net/2016/09/veteran-homelessness-slashed-by-half-in-six-years/ Mon, 19 Sep 2016 16:58:39 +0000 http://www.seonewswire.net/2016/09/veteran-homelessness-slashed-by-half-in-six-years/ The number of homeless veterans in the United States has been reduced by 47 percent since 2010. Data indicates an overall decline of 17 percent in veteran homelessness in 2015 alone. According to the Department of Housing and Urban Development’s…

By Thomas D. Begley, Jr., CELA

This is the second in a series of articles dealing with lien resolution in personal injury cases.

Medicare Advantage and Prescription Drug Plans

Medicare Part C. commonly known as Medicare Advantage, is a Medicare substitute program operated by private health insurance companies as a managed care plan. Medicare Part D similarly provides prescription coverage to eligible beneficiaries through private insurance plans. To the extent a reimbursement right may be created under a specific MAO plan, the Part C statute itself limits any recovery from a beneficiary to the amount actually received from a third party as payment for plan-covered expenses.1

ERISA Plans

Generally, employer-sponsored benefits plans are governed by the Employee Retirement Income Security Act of 1974, commonly referred to as ERISA.2 However, certain employers and their benefits plans are not subject to ERISA. These include governmental plans;’ church plans:’ plans maintained solely for the purpose of complying with applicable Workmen’s Compensation, unemployment compensation, or disability insurance laws;5 a plan maintained outside of the UnitedStates primarily for the benefit of persons who are virtually all non-resident aliens;6 or an excess benefit plan.” ERISA preempts state law that “relates to” an ERISA governed plan;8 however, ERISA does not exempt or relieve any person from complying with any law of any state that regulates insurance, banking, or securities.9 Neither an employee benefit plan nor any trust established under such a plan shall be deemed to be an insurance company or other insurer, bank, trust company, or investment company.10 As a result of this statutory framework, any self-insured employee benefit plan regulated under ERISA enjoys federal preemption of state law, but an insurance company insuring such a plan does not. Such insurance companies are regulated by state law, including laws concerning subrogation and reimbursement.11 If an ERISA plan is insured, the insurance company is subject to state law and the plan is bound by state insurance regulations insofar as they apply to the plan’s insurer. ERISA itself is silent with respect to subrogation and reimbursement, neither requiring a welfare plan to contain a subrogation clause nor barring such a clause or otherwise regulating its content12

Federal Employee Health Benefit Act

The Federal Employee Health Benefit Act (FEHBA) provides group health insurance for federal employees.13 Although there is no statutory right of subrogation or reimbursement. FEHBA contains a preemption provision under which the terms of insurance contracts issued by its private carriers purportedly preempts state and local law.1″1 However, the Supreme Court has held that FEHBA does not provide contract insurers with a federal cause of action or federal jurisdiction in a subrogation/reimbursement claim, leaving the matter to the state courts, and it further called into question whether a FEHB plan may assert any contractual recovery right at all against a beneficiary where such claims are prohibited by state law; the Court was “not prepared to say” that a carrier’s contract with the government “would displace every condition state law places on that recovery.”15

Federal Medical Care Recovery Act

The federal statutory scheme provides several independent bases for recovery of medical costs expended on behalf of government personnel and their dependents for injury or disease not connected to their military or other government service, but the Federal Medical Care Recovery Act (FMCRA)16 establishes standards generally applicable to claims of all federal departments and agencies. Significantly, while the government may exercise its recovery rights under the statute by making claims directly against third-party tortfeasors, the statute authorizes no such claims against a beneficiary. The statute provides, inter alia, that in any case in which the United States furnishes or pays for medical or dental care and treatment under circumstances creating third-party tort liability for such expenses, the United States shall have a right to recover from the third party the reasonable value of such care and treatment.17 The United States also has an independent right to recover from the third party the total amount of pay fora member of the Uniformed Services for any period in which the member is unable to perform his or her duties as a result of the injury or disease and is not assigned to perform other military duties.18

Veterans Administration and TRICARE Claims

The Veterans’ Benefits Act19 and the Armed Forces Act20 establish the Veterans Administration and TRICARE/CHAMPUS healthcare programs, respectively. Neither the VA nor TRICARE/CHAMPUS statutes allow for a lien or reimbursement claim against a beneficiary’s personal injury recovery. The government does have a subrogation right if it chooses to pursue its own claim against a third party: however, the statutes specifically governing the programs have a very narrow definition of “third party” that does not include a tortfeasor, but is specifically limited to public and private healthcare payors.21 Moreover, applicable regulations spell out that a beneficiary only has a duty to cooperate with the government’s third-party claim, and the extent of that cooperation itself is rather limited, merely obliging a beneficiary to provide necessary information for the government’s third-party claim.22  Moreover, the government’s claim is expressly limited by both statute and regulation to the extent of liability under state tort law, so federal preemption of state liability rules does not apply.

142 U.S.C. §1395w-22(a).

229 U.S.C. §, 1003.

329 U.S.C. § 1003(b)(1).

429 U.S.C. § 1003(b)(2).

529 U.S.C. § 1003(b)(3).

629 U.S.C. § 1003(b)(4).

729 U.S.C. § 1003(b)(5).

*29 U.S.C. ^ 1144(a).

“29 U.S.C. § 1144(b)(2)(A).

,0 29 U.S.C. § 1144(b)(2)(B).

11 FMCCorp. v.Holhday,498 U.S. 52 (1990).

13 Ryan v. Federal Express Corp.. 78 F.3d 123 (3d Cir. 1996).

13 38 U.S.C.§ 1725(a)(1).

M5 C.F.R. § 890.

15 Empire UealthChoice V. McVeigh.547 U.S. 677 (2006).

16 42 U.S.C. §2651.

1742 U.S.C. §2651 (a).

18 42 U.S.C. § 2651(b).

19 38 U.S.C. § 1729.

20 10 U.S.C. §1095.

21 38 U.S.C. § 1729(i)(3)and 10 U.S.C. § 1095(h)(1).

22 32 CFR §§ 199.12 and 220.9

DHS plans to measure an entrepreneur’s substantial for rapid business growth and employment creation by whether he or she has received significant U.S. investment from U.S. investors with established successful track records, in addition to grants from governmental entities within the U.S., among other factors.  DHS stated that parole would be for up to 2 years with an extension for an additional 3 year period.  Parole decisions are made on a case-by-case basis.

The proposed rule provides no immediate benefit.  After DHS receives comments, it will decide on what changes if any to make to the proposed rule, and whether or when to publish an implementing rule.

The EB-5 investor visa program allows a foreign national to obtain a green card if he or she invests money in the United States which creates jobs in the United States. An individual must invest $1 million, or $500,000 in certain rural or high-unemployment areas, and create or preserve at least 10 U.S. Worker jobs. The foreign national can invest directly in his or her own project or in a government approved Regional Center. A Regional Center assembles and manages EB-5 investment projects and an investment in a Regional Center project can count direct and indirect job creation.

Critics of the EB-5 program say that it has fraud and security risks. Without action by Congress, the program will expire on September 30, 2016. The organizations said in their letter to Congress that the program has played an important role in creating jobs in the United States, and allowing it to lapse would have “immediate negative consequences” to U.S. projects and businesses counting on EB-5 funding.

“The EB-5 Regional Center program, while imperfect, has resulted in investments in the United States exceeding $15 billion in the last 10 years which have generated 100,000 U.S. jobs,” said Stewart Rabinowitz, a Dallas immigration attorney with Rabinowitz & Rabinowitz, P.C. “Instead of killing a program with substantial employment impact, Congress should consider integrity and other program improvements.”

An attempt to renew the program failed in the Senate in December, 2015.. Lawmakers agree that stronger national security and anti-fraud provisions are needed, and the organizations said in their letter that they support those reforms. The coalition said that lawmakers and stakeholders should join together to build consensus and create a compromise reform package.

The veteran suicide rate in the United States has commonly been quoted as an estimated 22 per day. Although the figure has been used for years, veterans groups and health care experts have questioned its accuracy. The recent findings come from the VA’s most comprehensive suicide study to date. The department analyzed the records of more than 55 million veterans from each state between 1979 and 2014.

The VA said it will use the data to improve suicide prevention programs and mental health care policies. The department said it was “aggressively” implementing new measures to address the problem. In particular, there will be greater focus on high-risk groups including female and older veterans. For example, veterans will have same-day access for urgent mental health care needs.

The VA has enhanced its Veterans Crisis Line and hired thousands of support personnel in recent years. “Veterans in the top 0.1 percent of risk, who have a 43-fold increased risk of death from suicide within a month, can be identified before clinical signs of suicide are evident in order to save lives before a crisis occurs,” the VA said in a statement.

Around 70 percent of veterans who committed suicide did not regularly use VA services. However, the data indicated that veterans’ suicide risk may decrease through the use of VA services.

Sources:

• http://abcnews.go.com/US/va-releases-results-largest-analysis-veteran-suicide-rates/story?id=40401007
• http://www.militarytimes.com/story/veterans/2016/07/07/va-suicide-20-daily-research/86788332/
• http://www.wsj.com/articles/u-s-veterans-commit-suicide-at-rate-of-20-a-day-va-says-1467908311

Who have a significant ownership interest in the startup (at least 15 percent) and have an active and central role to its operations;
Whose startup was formed in the United States within the past three years; and
Whose startup has substantial and demonstrated potential for rapid business growth and job creation, as evidenced by:
Receiving significant investment of capital (at least $345,000) from certain qualified U.S. investors with established records of successful investments;
Receiving significant awards or grants (at least $100,000) from certain federal, state or local government entities; or
Partially satisfying one or both of the above criteria in addition to other reliable and compelling evidence of the startup entity’s substantial potential for rapid growth and job creation.

Under the proposed rule, entrepreneurs may be granted an initial stay of up to two years to oversee and grow their startup entity in the United States. A subsequent request for re-parole (for up to three additional years) would be considered only if the entrepreneur and the startup entity continue to provide a significant public benefit as evidenced by substantial increases in capital investment, revenue or job creation. The notice of proposed rulemaking in the Federal Register invites public comment for 45 days, after which USCIS will address the comments received.

Note:
1. The proposed rule does not take into effect immediately. It typically takes the Government quite a few months after the comment period to adopt the rule. I personally don’t think this will happen before 2017
2. The rule does not grant permanent status as of now. It just gives temporary stay of up to 5 years
3. Both the Democrats and the Republicans support this rule.
4. This would have been law, due to bipartisan support, but the Democrats wanted “Comprehensive” Reform and not the piecemeal legislation
5. Thus I expect this rule to continue no matter who our next President is.

For more information contact Annie Banerjee

Johnson said that DHS is enforcing immigration laws consistent with priorities set by President Obama in November 2014, including public safety and border security. According to Johnson, more than 99 percent of people in immigration detention fit those enforcement priorities, and about 85 percent are in the top priority for removal. 60 percent of people deported by Immigration and Customs Enforcement today are convicted criminals, compared to 35 percent in 2009.

According to Johnson’s statement, the Border Patrol effected 34,463 apprehensions on the southwest border in June 2016, a decrease from May and April, but higher than the number of apprehensions per month in the first quarter of 2016. Overall, apprehensions are higher this year than in fiscal year 2015, but lower than 2014 and 2013. The number of apprehensions is indicative of the number of attempts to illegally cross the border, Johnson said.

Johnson said that he visited Central America in May, for the third time in two years. He said there was a need to provide a legal and safe path to the United States, and that many immigrants from Central America should be regarded as refugees. He also said that the “ultimate solution” is long-term investment to help with the humanitarian crisis and underlying problems in the region.

The salad that 79-year-old Ellen DiStefano consumed one night killed her. It was contaminated with Listeria bacteria which invaded her body putting her into a coma. Dole’s Springfield, Ohio plant was identified as the source of the Listeria tainted salads. The plant was shuttered for three months to deal with the issue.
DiStefano’s family filed a wrongful death lawsuit against Dole alleging gross negligence, malice, recklessness and wanton/willful disregard for the public. It was the second suit filed in relation to the outbreak and it alleges that Dole did not have a system in place to prevent contamination. It further alleges that the company knew about the Listeria contamination prior to the outbreak, as far back as 2014.

According to the Food and Drug Administration (FDA) Dole’s product showed signs of Listeria during swab rests in 2014, yet they continued to ship their salads throughout the United States and Canada. The Centers for Disease Control and Prevention (CDC) reports that at least 19 individuals were seriously affected by the tainted salads and one man in Michigan died. In Canada, there were 14 reported cases in five provinces and three deaths that may be linked to the Dole salads. It is anticipated that there will be more lawsuits filed in the months to come.

In order to pay all the medical bills incurred while Mrs. DiStephano was in hospital for a month, the family may have needed a source of income other than their jobs. One solution would be litigation funding, also referred to as a lawsuit loan.

A litigation funding company provides an immediate cash advance to fund a lawsuit using a very simple three-step, no risk process. Plaintiffs fill out an intake form, as well as the lawyer questionnaire form, and send in the relevant paperwork. Once approved, plaintiffs can receive their fast cash in as little as two days.

There is no longer any need for plaintiffs to settle for pennies on the dollar. Litigation funding allows the plaintiffs to let their lawyers do their jobs and the cases to run their course to a fair and equitable conclusion. Do not agree to an unfair settlement because you are strapped for cash. A lawsuit loan can level the playing field between you and the insurance company.

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

For more information please contact Immigration Lawyer, Annie Banerjee in Houston

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.

According to the Cook County Record, Madiline Hicks filed a lawsuit in Cook County Court. The lawsuit alleges personal injury on the part of defendants Walgreen Co., Bond Drug Company of Illinois LLC and Edward C. Chen, a pharmacist. The complaint states that on January 4, 2014, Hicks requested a recommendation from Chen at a Walgreens for a sinus medication that would be safe for her to take along with her anti-epilepsy prescription medication, Kepra. The lawsuit says that Chen, who had previously filled several of Hicks’ prescriptions, assured her that she could safely take Sudafed with it.

However, due to the incompatibility of the drugs, she lost consciousness and fell into a coma. Hicks accuses Chen and Walgreens of committing a violation of their responsibilities to give her proper medical advice. She is seeking more than $50,000 in damages.

The FDA reveals that medical errors cause injury to over one million people annually in the United States and result in a minimum of one fatality per day. Such mistakes include pharmaceutical errors. The most common medication errors are those involving the wrong dosage, incorrect prescriptions and drug interactions.

In some cases, the physician gives the patient a prescription for a drug without first determining whether there is a possibility for an adverse interaction with other medications that the patient is taking. Medication errors can cause harm and in some instances, can even be fatal. When a patient takes an incorrect dose of a medication, it can cause an overdose, which can have lasting effects.

If you suffer an injury or illness as a result of a medication error due to negligence or medical malpractice, you should consult the medical malpractice attorneys at Briskman Briskman & Greenberg.

The H-1B visa classification permits a U.S. employer to offer a professional position to a degreed foreign national and employ that foreign national to work in such a position in the United States. Tenrec, Inc., a web development company, sought to hire a Ukrainian citizen, and Walker Macy LLC, a landscape architecture and urban design firm, sought to hire a Chinese citizen. Both companies are based in Portland, Oregon and each one filed its H-1B petition on or shortly after April 1, 2016, the earliest time period permitted by regulation to obtain a sought after H-1B visa number for an October 1, 2016 employment start date. Neither company’s H-1B petition was selected in the USCIS H-1B lottery. USCIS implemented an H-1B lottery by regulation to address how it will proceed when USCIS receives more H-1B petitions than there are statutorily allocated H-1B visa number permitted per fiscal year. In 2016, USCIS received a record 236,000 petitions for 85,000 available H-1B visas.

The lawsuit alleges that there is no legal justification to support the H-1B lottery system. The plaintiffs believe the statute implementing H-1B requires a system which issues H-1B visa numbers in the order in which H-1B petitions are submitted. The lawsuit seeks class action status, and demands that the current annual five-day filing window which is part of the H-1B lottery system be replaced with year-round filing.

This employers’ lawsuit follows a suit filed by a U.S. immigration attorneys’ organization demanding that USCIS produce documents showing how the H-1B lottery process works. The plaintiffs in that suit previously filed a Freedom of Information Act request and claim that the government’s response to that request was inadequate.

The Court ruled that “…The judgment is affirmed by an equally divided Court..”  With these 9 words, the Court split 4 to 4, and without a 9th and deciding Justice, permitted an injunction against implementing these programs imposed by a Texas District Court and upheld by the Fifth Circuit to stand.

As background, in November, 2014, and arising out frustration with Congressional inaction  on comprehensive immigration legislation, President Obama and his Administration created two executive actions programs: Deferred Action for Parents of Americans and Permanent Residents (“DAPA”) and an expanded program for Deferred Action for Childhood Arrivals (“DACA”), an earlier executive action program to benefit certain children who accompanied their parents into the United States at an early age.  The programs if implemented would shield certain parents of U.S. citizens and permanent residents from removal, and certain young people from removal based on enforcement priorities, and would expand who could qualify for DACA.  Texas and 25 other states sued the federal government alleging overreach of the powers of the executive branch in taking these steps.

There has been no trial on the merits, only appeals on the propriety of the injunction decision itself up to the Supreme Court.  The case now goes back to the District Court to be tried.  Procedurally, the Administration could request a rehearing before the full Court.  Whether it does so remains to be seen.

The company faces penalties of $70,000 for safety violations that led to the injury. The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) cited the employer for one willful and one serious violation for failure to maintain workplace safety standards.

OSHA inspectors conducted a six-month investigation. They found the company could have prevented the worker’s injury by installing proper safety guards that ensure the aluminum press operator’s hands are away from the danger zone. The worker lost the ring, middle and index fingers on both his hands. Some of his right pinkie finger was also amputated when his hands got caught in the machine.

“It’s hard to imagine the agony and pain this young man suffered when six of his fingers were amputated,” said OSHA’s Aurora area director Jake Scott. “His life is now forever altered because the press lacked required safeguarding devices. These devices would have prevented his hands from coming in contact with the operating parts of the machine.”

OSHA updated its workplace safety enforcement guidelines last year. Employers are now required to report all hospitalizations, amputations and eye losses within 24 hours. Work-related fatalities must be reported to OSHA within eight hours. The maximum fine for failure to report such incidents in the specified timeframe has increased from $1,000 to $5,000.

Amputations comprised a significant number of OSHA safety violations and severe workplace injuries in 2015. There were 173 amputations reported in Illinois and 2,644 in the United States.

The EB-5 visa provides lawful permanent resident (LPR) status to foreign nationals who invest $1 million in the United States, or half that amount in a Targeted Employment Area, and who employ at least 10 U.S. workers. The investment can be made directly or through specially set up and approved Regional Centers which create EB-5 projects in which indirectly created employment can count toward the creation of 10 U.S. Worker jobs.

The CRS report outlines the EB-5 policy issues that are currently under debate in Congress. The report points out that while proponents argue that the U.S. economy benefits from the investments that the program brings, critics contend that the program allows people to buy their way into the United States. According to the report, many EB-5 stakeholders are concerned about delays in processing EB-5 applications, and some question whether U.S. Citizenship and Immigration Services (USCIS) has the expertise to administer the embedded business components of the program. Others contend that the EB-5 program is susceptible to fraud and threats to national security, as evidenced by the recent, massive fraud allegations against the EB-5 Regional Center at the Jay Peak Resort in Vermont.

The Congressional debate over EB-5 visas will continue ahead of the scheduled September 30, 2016 program expiration. Whether major changes will occur in a Presidential election year remain to be seen.

The Veterans Health Administration (VHA) has partnered with PEACE Ranch in Traverse City, Michigan, for a therapy program that uses rescue horses to help veterans with PTSD. A licensed mental health therapist works with veterans at the ranch for eight hours each week. In light of the program’s success over the past three years, the VHA has sought to double its hours. The expansion will allow the program to help almost twice as many veterans as the current 170.

“More time for PEACE Ranch means that more veterans will successfully be able to deal with the PTSD that is confining them in their lives, and basically coming out here gives them new life,” said PEACE Ranch Executive Director Jackie Kaschel.

Horse therapy can serve as an alternative or supplementary healing method when traditional treatments and medications prove ineffective. In the January issue of the journal Social Work, researchers reported that equine-facilitated mental health programs have shown promise in treating veterans with mental health problems and reintegration issues.

There are many equine programs available to veterans throughout the United States. Nonprofit organization Wounded Warrior Project works with PATH Int’l Equine Services for Heroes to heal using horses. Equine Assisted Growth and Learning Association also promotes horse-assisted psychotherapy for veterans suffering from mental health issues.

Here are some of the key findings of the report:

• There are more foreign-born residents in the United States today — 42.4 million in 2014 — than at any other point in history.
• Immigration in recent decades has not been dominated by three or four countries as it was in the early 20th century.
• The proportion of foreign-born residents in the United States was 13.3 percent in 2014, approaching a level last seen in 1910, when the proportion of foreign-born residents reached 14.8 percent.
• In fiscal year 2013, approximately 991,000 aliens gained legal permanent resident (LPR) status, with about 65 percent entering the United States based on family ties.
• There were 9.9 million temporary visas issued in fiscal year 2014, an increase from 2004, when 5.0 million temporary visas were issued.
• Overall, there has been an increase in all temporary, employment-based visa categories since 1994, with the number rising each year except for a brief dip during the recession.
• There were 617,000 employers enrolled in the E-Verify employment eligibility verification system at the end of fiscal year 2015, representing about 10 percent of U.S. employers.
• There were 462,463 formal removals in fiscal year 2015, compared to 30,039 in 1990.
• The population of unauthorized resident aliens grew from 8.5 million to 12.2 million from 2000 to 2007, but then dipped to 11.3 million in 2014.

According to Andrew Gettinger, a physician and chief safety officer in the Office of the National Coordinator for Health IT, the data indicate that the change from manual to electronic ordering and prescribing is improving the safety of patients, and the systems are signaling nine in 10 potential mistakes. However, Gettinger also said that the report serves as a warning to health care professionals that more needs to be done concerning the health and safety of patients.

In 1999, research results indicated that CPOE led to an 88 percent decline in medication mistakes. However, several physicians have said that the electronic health records are too expensive, time-consuming and difficult to use. Other detractors have stated that the systems are without much-needed safeguards to prevent physicians from duplicating information between charts, either due to a mistake or in an effort to commit fraud. According to a report released by Castlight Health, a data analytics company, and Leapfrog Group, a hospital rating organization, approximately 40 percent of the most frequent, severe mistakes were unnoticed.

In addition, there have been studies that have revealed that a considerable number of possibly detrimental mistakes are caused by incorrect information about patients in the records. One fatal error occurred in 2010 when a woman died because a crucial heart medication was stopped by mistake in a hospital due to issues concerning electronic health records. Her son, Dr. Scot Silverstein, who was formerly a hospital chief medical informatics officer, and is now an independent expert witness in lawsuits, thinks that there are dozens of imminent lawsuits regarding medication mistakes.

Approximately one-third of hospitals that took Leapfrog’s test failed to score “fully implemented,” which implies that their systems did not inform physicians about detrimental medication mistakes. And more than half of hospitals do not take part in Leapfrog’s survey, and many of them that take the test decline to take the two-hour test that indicates whether their systems would issue warnings about errors.

According to a report from hospital rating organization The Leapfrog, CPOE systems have significantly reduced the number of dangerous drug errors. However, they still fall short of catching all possible mistakes and require clinicians to recheck orders to truly prevent patient harm. Leapfrog surveyed 1,750 U.S. hospitals and collaborated with Castlight Health to analyze the data. Participating hospitals were asked to use dummy patients with fake drug orders to test their digital systems.

The findings released on April 7 showed around 40 percent of potentially harmful medication errors were not caught by the systems. Mistakes included prescribing an adult dosage to a child, giving medication orders for the wrong illness, or overlooking dangerous drug interactions. In addition, computer systems failed to flag 13 percent of errors that could potentially have killed patients.

“CPOE systems have done a remarkable job in reducing the likelihood of medication errors, but mistakes are still seen with far too much frequency,” said Leapfrog President and CEO Leah Binder. “Hospitals spend millions of dollars to implement CPOE systems, but our results clearly show that many hospitals’ systems are not operating as well as they should, putting patients’ lives at risk.”

The results show that while technology is helpful, it is not foolproof. The survey highlights the need for hospitals and patients to be cautious when it comes to managing their medications. Erica Mobley, Leapfrog’s development and communications director, recommended supplementing computer checks with system-wide initiatives such as manual medication reconciliation activities.

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

According to a report from hospital rating organization The Leapfrog, CPOE systems have significantly reduced the number of dangerous drug errors. However, they still fall short of catching all possible mistakes and require clinicians to recheck orders to truly prevent patient harm. Leapfrog surveyed 1,750 U.S. hospitals and collaborated with Castlight Health to analyze the data. Participating hospitals were asked to use dummy patients with fake drug orders to test their digital systems.

The findings released on April 7 showed around 40 percent of potentially harmful medication errors were not caught by the systems. Mistakes included prescribing an adult dosage to a child, giving medication orders for the wrong illness, or overlooking dangerous drug interactions. In addition, computer systems failed to flag 13 percent of errors that could potentially have killed patients.

“CPOE systems have done a remarkable job in reducing the likelihood of medication errors, but mistakes are still seen with far too much frequency,” said Leapfrog President and CEO Leah Binder. “Hospitals spend millions of dollars to implement CPOE systems, but our results clearly show that many hospitals’ systems are not operating as well as they should, putting patients’ lives at risk.”

The results show that while technology is helpful, it is not foolproof. The survey highlights the need for hospitals and patients to be cautious when it comes to managing their medications. Erica Mobley, Leapfrog’s development and communications director, recommended supplementing computer checks with system-wide initiatives such as manual medication reconciliation activities.

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

by Thomas D. Begley, Jr., CELA

This is the first of a series of three articles dealing with lien resolution in personal injury cases.

General

Types of Liens

Prior to making distribution in the settlement of a class action or mass tort lawsuit, a number of lien issues may need to be addressed, depending on the nature of the case, the elements of the recovery, and the population of claimants. These issues may include reimbursement claims asserted by Medicaid, Medicare, Medicare Advantage and Prescription Drug Plans, ERISA Plans, Federal Employee Health Benefits, Federal Medical Care Recovery Act, Veterans Administration and TRICARE Claims, Welfare Liens, Mental Health Liens, Traumatic Brain Injury Fund, Catastrophic Illness and Children’s Relief Fund, Victims of Crime Compensation, State Worker’s Compensation Claims, Federal Employee Compensation Act, Hospital Liens, Child Support and Division of Disabilities (DDD).

Subrogation/Reimbursement

It is important to understand the differences between these two related concepts.

–  Subrogation. Subrogation is the substitution of one party (an insurer) for another party (the insured) in the assertion of rights against a third party. It allows the insurer to assert the rights and claims of the insured. Subrogation rights may arise from contract (“conventional” subrogation), from legal principle or doctrine (“legal” or “equitable” subrogation), or from legislation (“statutory” subrogation).

–  Reimbursement. Reimbursement allows the insurer to seek repayment from the insured when the insured receives funds from another party. Reimbursement rights arise from contract, with their scope and enforceability determined by the contract’s terms, subject to applicable limiting law.

Derivative Claims

Liens are generally enforceable against the settlement of the injured party on whose behalf benefits are paid, but it is unlikely they are enforceable against proceeds of derivative claims of others arising from the incident.[1] For example, wrongful death claims would not generally be subject to liens because they are property of persons other than the decedent; in contrast, a survival claim, as property of a decedent’s estate, may be subject to a lien.[2] Similarly, allocation of loss of consortium claims to those who do not have responsibility for medical bills, such as a spouse or child of an injured party, may in some circumstances serve to reduce the amount attachable by a health care lien.

Medicaid Liens

Assignment to State of Rights against Third Parties

As a condition of Medicaid eligibility, a Medicaid applicant is required to assign to the state any rights to payment of medical care from any third party.[3] This is essentially a statutory right of subrogation. Federal law further requires that each state Medicaid program have procedures for determining the legal liability of third parties to pay for medical assistance provided by the state’s Medicaid plan, and for reimbursement of the cost of medical assistance provided, whenever recovery is feasible.[4] In New Jersey, the Attorney General is responsible for enforcing any rights against third parties or recovery of liens.[5] When an individual brings an action for damages against a third party, written notice must be given to the director of the Division of Medical Assistance and Health Services. In addition, such individual must promptly notify the Division of any recovery from a third party. The recipient of a third-party recovery must immediately reimburse the division from the proceeds of any settlement, judgment, or other recovery.[6]

Extent of Lien

A Medicaid lien applies only to the extent of medical assistance related to the injury and only to payments made from the date of the injury to the date of the settlement.

Reduction of Lien

There are two ways to reduce a Medicaid lien.

–  Procurement Costs. The Medicaid lien is subject to an automatic reduction for a pro rata share counsel fees, costs, or other expenses incurred by the recipient or the recipient’s attorney.[7] It is important not to overlook costs. If the attorney’s fee is 33% and the costs of the case represent 5% of the recovery, the procurement-cost reduction is 38%, not 33%.

–  Ahlborn Reduction. The United States Supreme Court has held that a state Medicaid agency may recover only from that portion of a settlement earmarked as compensation in respect of medical expenses, and where there is no such allocation, the agency may only recover a proportionate share of its claim, determined by the ratio that the settlement amount bears to the reasonable value of the total claim.[8]

Medicare

The Lien

The Medicare Secondary Payer Act (MSPA) governs all claims for recovery of Medicare payments for accidents or injuries.[9] Under the MSPA the federal government has a statutory lien.

Responsibility for Payment

–  Party Making Payment. The MSPA provides that Medicare may not make payments when payment has been made or can reasonably be expected to be made under a workers’ compensation program, under an automobile or liability insurance policy or plan (including a self-insured plan), or under no-fault insurance, unless the Medicare payment is made as a “conditional payment.”[10] When there is a “conditional payment,” the United States may bring an action against the “primary plan” responsible for payment and the United States shall be subrogated for payment of those expenses from the primary plan.[11] If it is necessary for CMS to take legal action to recover from the primary payer, CMS may recover double damages.[12]

–  Party Receiving Payment. CMS also has a right of recovery from any person or entity that receives a third-party payment. These include a beneficiary, provider, supplier, physician, attorney, state agency, or primary insurer that has received a third party payment.[13]

–  Timing of Payment. If a beneficiary or other party receives a third party payment, the beneficiary or other party must reimburse Medicare within 60 days.

Procurement Costs

Medicare will grant a credit against its reimbursement claim for a proportionate share of the necessary procurement costs incurred in obtaining the underlying personal injury settlement. Procurement costs are court costs and attorneys’ fees.[14] The attorneys’ fees and expenses are calculated as a percentage of the total settlement sum and serve as the same percentage reduction of the conditional payment amount (total attorneys’ fees and costs/total settlement amount = percent reduction).

Compromise

Cases will be compromised where there is questionable liability. In such cases, counsel notifies Medicare of the strengths and weaknesses of the defendant’s case in order to justify a reduction of the Medicare claim. The beneficiary is entitled to an appeal of an adverse decision on the request for waiver or compromise pursuant to § 870c of the Social Security Act. The request can be pre- or post-settlement. Requests for compromise must be accompanied by the amount of the pre-settlement offer.[15]

[1] Admin. Comm. of Walmart Stores, Inc. v. Gamboa, 479 F.3d. 538 (8th Cir. 2007).

[2] Bradley v. Sebelius, 621 F.3d 1330 (11th Cir. 2010).

[3] 42 U.S.C. § 1396k(a)(1)(A); N.J.S.A. 30:4D-7.1(c).

[4] 42 U.S.C. § 1396a(a)(25)(A), (B), (H).

[5] N.J.S.A. 30:4D-7.1(a).

[6] N.J.S.A. 30:4D-7.1(b).

[7] N.J.S.A. 30:4D-7.1(b).

[8] Arkansas Dept. of Health and Human Servs. v. Ahlborn, 126 S. Ct. 1752 (2006).

[9] 42 U.S.C. § 1395y(b)(2).

[10] 42 U.S.C. § 1395y(b)(2)(B).

[11] 42 U.S.C. § 1395y(b)(2)(B); 42 C.F.R. § 411.24(b).

[12] 42 C.F.R. § 411.24(c)(2).

[13] 42 C.F.R. § 411.24(g).

[14] 42 C.F.R. § 411.37c.

[15] 42 U.S.C. § 1395y.

• Medical malpractice is the third most common cause of death in the United States, after heart disease and cancer, according to research published in the Journal of Patient Safety, which estimates that up to 440,000 Americans die each year from preventable mistakes in hospitals.
• The annual costs to society for medical errors is estimated to be up to $29 billion, and may be much higher.
• Only one out of every eight preventable medical mistakes in hospitals nationwide results in a claim of malpractice.
• In Florida, from 1996 through 1999, there were 19,885 incidents of medical errors reported by hospitals, and 3,177 claims of medical malpractice. This reflects a rate of only one out of every six errors resulting in a claim.
• The actual rate of medical malpractice may be higher than reports indicate, because medical errors are believed to be severely underreported.
• From 1995 to 2000, there was a 4 percent decline in new medical malpractice claims. In 1995, there were 90,212 claims filed; in 2000 there were 86,480 claims filed.
• If you were inured or lost a loved one as the result of medical malpractice, you may be entitled to compensation. Contact us for a free consultation to learn more about your rights.

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

The Employment-Based Fifth Preference Immigrant Investor Program, known as the EB-5 program, and administered by the Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS), permits immigrant investors who meet certain requirements to obtain lawful permanent resident status in the United States. To be eligible, an immigrant entrepreneur can directly invest $1 million in a business that will create 10 or more jobs, or invest half that amount in an area that is rural or has high unemployment while creating 10 or more jobs. Alternatively, immigrant entrepreneurs can invest in a project through specially set up and approved EB-5 Regional Centers with the same investment amount break points, but where the entrepreneur can be credited with indirect creation of 10 or more jobs.

USCIS had previously conducted multi-agency EB-5 fraud risk assessments in fiscal year 2012 and again 2015 as one-time efforts. While USCIS acknowledged the constantly evolving nature of new fraud schemes, it lacked plans to conduct future risks assessments. GAO recommended regular future fraud assessments be done and USCIS agreed. In February 2016, USCIS agreed to develop such plans by the end of this fiscal year.

According to Gambler’s testimony, while USCIS has increased the size and expertise of its workforce to assess job creation, USCIS still needs to develop a strategy to enhance its information collection, and a methodology to analyze information submitted on program forms to better evaluate the actual number of jobs created and to determine whether the investment amount was appropriate. The GAO recommended that USCIS track and verify data to confirm total investment and jobs created and DHS agreed to implement this recommendation by the end of fiscal year 2017.

Last updated over a decade ago, the guidelines steer judges in financial crime cases toward prison sentences that vary based on the dollar value of ill-gotten gains. Opinions on the revisions ran across the spectrum. On one end, the U.S. Justice Department objected to the revisions, appearing to base their judgment on public opinion. The Department said the move was contrary to “overwhelming societal consensus.”

On the other hand, many defense attorneys at the American Bar Association felt the proposals were too moderate. They have long advocated for softened guidelines and had pushed for broader revisions. Indeed, even some judges have said the recommended prison terms for financial offenders are too harsh.

In 2005, the U.S. Supreme Court decided, in United States v. Booker, that all federal sentencing guidelines were advisory. Prior to the decision, they were mandatory — judges’ hands were tied, and the specific mitigating circumstances of each case had no bearing on the punishment imposed. Following Booker, judges would often hand down sentences in fraud cases that fell short of the Sentencing Commission’s guidelines. This illustrates that the recent revisions were probably overdue, especially considering the cumulative effects of inflation on the actual value of fraudulent gains.

Last updated over a decade ago, the guidelines steer judges in financial crime cases toward prison sentences that vary based on the dollar value of ill-gotten gains. Opinions on the revisions ran across the spectrum. On one end, the U.S. Justice Department objected to the revisions, appearing to base their judgment on public opinion. The Department said the move was contrary to “overwhelming societal consensus.”

On the other hand, many defense attorneys at the American Bar Association felt the proposals were too moderate. They have long advocated for softened guidelines and had pushed for broader revisions. Indeed, even some judges have said the recommended prison terms for financial offenders are too harsh.

In 2005, the U.S. Supreme Court decided, in United States v. Booker, that all federal sentencing guidelines were advisory. Prior to the decision, they were mandatory — judges’ hands were tied, and the specific mitigating circumstances of each case had no bearing on the punishment imposed. Following Booker, judges would often hand down sentences in fraud cases that fell short of the Sentencing Commission’s guidelines. This illustrates that the recent revisions were probably overdue, especially considering the cumulative effects of inflation on the actual value of fraudulent gains.

The CRS report points out that states and localities often have an interest in how the federal government enforces immigration law regarding undocumented immigrants. On the one hand, some cities have implemented policies to limit cooperation with federal enforcement efforts. On the other, states with large populations of undocumented immigrants have sued the federal government, unsuccessfully, seeking stronger enforcement measures through local law.

More recently, states have challenged the Deferred Action for Childhood Arrivals (DACA) initiative of the Obama Administration and a similar program, known as DAPA, for undocumented immigrants who are parents of certain lawful permanent residents or of U.S. citizen children. In this litigation, Texas v. United States, the U.S. Court of Appeals for the Fifth Circuit found that the programs violate the Administrative Procedure Act. The U.S. Supreme Court granted the federal government’s request for certiorari on January 19, 2016, and the high court indicated that when it considers the case later in the year, it will also consider the plaintiffs’ claims that DACA and DAPA violate the Take Care clause of the Constitution.

The CRS report concluded by stating that even if the decisions of the lower courts withstand appeal, the ability of states to challenge alleged “failures” of the federal government to enforce immigration laws is limited.

In early 2015, the FBI took control of a website known as Playpen which was used to distribute large amounts of child pornography. For two weeks after the seizure of the site, from February 20, 2015, to March 4, 2015, the FBI continued to operate the site in order to gather more evidence against more offenders. During that time, many thousands more sexual videos and images of children were downloaded.

To be clear, the FBI, by its own admission in court filings, literally distributed child pornography in an effort to capture offenders. The New York Times recently published several experts’ opinions on the matter, including law professors and anti-abuse advocates.

Corey Rayburn Yung of the University of Kansas School of Law argued that the government’s own position appears to be that every time child pornography is distributed or viewed, the victim is further harmed. For example, the Supreme Court held in Paroline v. United States that victims could seek restitution from mere possessors — not just distributors or creators — of child pornography. Yung also points out that in contrast to stings involving guns or drugs, the FBI cannot hope to contain the contraband in this case — it can be copied without limits.

Xavier Von Erck, an anti-child-abuse advocate, argued that the FBI’s actions may have prevented any number of future crimes from occurring. He said those who possess and distribute child pornography often are actively engaged in abuse of victims in their immediate area.

Clearly, the FBI is likely to use strategies like this again in future cases. Criminals and ordinary people’s ability to hide their online activities is increasing, and in the instances where authorities gain access to a potential trove of evidence, the temptation to make more arrests even at the cost of further victimization is enormous.

In early 2015, the FBI took control of a website known as Playpen which was used to distribute large amounts of child pornography. For two weeks after the seizure of the site, from February 20, 2015, to March 4, 2015, the FBI continued to operate the site in order to gather more evidence against more offenders. During that time, many thousands more sexual videos and images of children were downloaded.

To be clear, the FBI, by its own admission in court filings, literally distributed child pornography in an effort to capture offenders. The New York Times recently published several experts’ opinions on the matter, including law professors and anti-abuse advocates.

Corey Rayburn Yung of the University of Kansas School of Law argued that the government’s own position appears to be that every time child pornography is distributed or viewed, the victim is further harmed. For example, the Supreme Court held in Paroline v. United States that victims could seek restitution from mere possessors — not just distributors or creators — of child pornography. Yung also points out that in contrast to stings involving guns or drugs, the FBI cannot hope to contain the contraband in this case — it can be copied without limits.

Xavier Von Erck, an anti-child-abuse advocate, argued that the FBI’s actions may have prevented any number of future crimes from occurring. He said those who possess and distribute child pornography often are actively engaged in abuse of victims in their immediate area.

Clearly, the FBI is likely to use strategies like this again in future cases. Criminals and ordinary people’s ability to hide their online activities is increasing, and in the instances where authorities gain access to a potential trove of evidence, the temptation to make more arrests even at the cost of further victimization is enormous.

The misconception

Even though litigation is arduous and time consuming, it could be useful in some scenarios. This is how and when a divorce litigation could be your best option. The biggest misunderstanding that people have is that all divorce litigation ends up in court with all affairs made public. However, there are many ways and means through which it could be more cordial. In the process of litigation itself, there always is an option of mediation which is a settlement option outside of court which is rarely explored due to the unilateral need for divorce. It is only when the need for a divorce is not mutual that the litigation is the last resort.

Ideally, if any divorce is mutual, over 90 percent of the cases always end up in settlements instead of litigation. As this phenomenon is growing, out of court settlements are more common and convenient. A collaborative or mediated divorce is always a desired procedure when there is no form or sort of violence or domestic threat involved. However, if there is a danger to one of the party’s life or the children’s life, an expedited divorce litigation would be the best manner to go about any of the problems.

The best time for litigation

In the case of domestic violence, child abuse or drug abuse, the marriage can become a very tough and trying endeavor. In this case it is always best to file for divorce petition and try to get into protective custody as soon as possible to avoid harm to you and your loved ones. In this case a divorce litigation is also handy because it allows you to get absolute jurisdiction of the child or children from an abusive parent. Even though litigation is a contentious process since it isn’t mutual you have to ensure to get yourself an expert negotiator as an attorney who would ensure your physical and financial safety.

Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.

Effective February 16, 2016, persons in employment authorized H-1B1 status from Chile and Singapore whose employers have timely filed to extend their stay automatically continue employment while USCIS decides the employer’s extension petition.  Similarly, persons in employment authorized E-3 status from Australia, and persons in employment authorized CW-1 status from the Commonwealth of Northern Mariana Islands also are entitled to seek this benefit.

H-1B1, E-3 and CW-1 nonimmigrants are now added to the list of many other employment authorized nonimmigrants for whom this benefit has been available, including A-3, E-1, E-2, G-5, H-1B, H-2A, H-2B, H-3, I, J-1, L-1, O-1, O-2, P-1, P-2, P-3, R-1 and TN.

The H-1B program permits a U.S. employer to file for a foreign national to temporarily fill a position in the United States provided the position requires at minimum a bachelor’s degree, and the United states Citizenship and Immigration Service (“USCIS”) deems the position to be professional.  There are other requirements, too, including an employer representation certified by the Department of Labor that the employer will pay prevailing or actual wages to the foreign worker as it does to U.S. workers in the area of intended employment, or to its other, similarly situated workers.

The statute caps H-1B visa numbers at 65,000 each fiscal year, and provides an additional 20,000 visas solely for U.S. earned masters or higher degree holders.  In recent years, the statutory allotment of H-1B visas has proven to be inadequate.  Last year, U.S. employers submitted ~224,000 H-1B petitions for the 85,000 visa numbers which became available on October 1, 2015.  Employers can file 6 months in advance of the upcoming fiscal year.  By the end of the first week in April, 2015, the earliest time when employers could file, all H-1B visa numbers for the following fiscal year were accounted for.  USCIS conducted a “lottery” to randomly select which petitions were the ones chosen to fill the quota.

As the economy continues to improve, FY 2017 may result in even greater number of H-1B visa petitions for the number of H-1B visas available.

Many employers, especially in the high tech sector, use the H-1B program to employ STEM graduates to address marketplace shortages of U.S. workers in this and other areas.  One study done in 2012 in partnership with the U.S. Chamber of Commerce, found that every foreign national U.S. university graduate who remains in the U.S. employed in a STEM field generates on average of 2.62 U.S. worker jobs.  Principal sectors of the economy which benefit from the H-1B program include manufacturing and healthcare.

Employers today have to evaluate the chances of their H-1B petition being chosen and the costs of preparing the application against the value that the foreign national represents in skill and talent, and the paucity of similarly skilled and available U.S. workers.  No U.S. employer should be handicapped and made to rely on a lottery to fill key staffing needs.

The misconception

Even though litigation is arduous and time consuming, it could be useful in some scenarios. This is how and when a divorce litigation could be your best option. The biggest misunderstanding that people have is that all divorce litigation ends up in court with all affairs made public. However, there are many ways and means through which it could be more cordial. In the process of litigation itself, there always is an option of mediation which is a settlement option outside of court which is rarely explored due to the unilateral need for divorce. It is only when the need for a divorce is not mutual that the litigation is the last resort.

Ideally, if any divorce is mutual, over 90 percent of the cases always end up in settlements instead of litigation. As this phenomenon is growing, out of court settlements are more common and convenient. A collaborative or mediated divorce is always a desired procedure when there is no form or sort of violence or domestic threat involved. However, if there is a danger to one of the party’s life or the children’s life, an expedited divorce litigation would be the best manner to go about any of the problems.

The best time for litigation

In the case of domestic violence, child abuse or drug abuse, the marriage can become a very tough and trying endeavor. In this case it is always best to file for divorce petition and try to get into protective custody as soon as possible to avoid harm to you and your loved ones. In this case a divorce litigation is also handy because it allows you to get absolute jurisdiction of the child or children from an abusive parent. Even though litigation is a contentious process since it isn’t mutual you have to ensure to get yourself an expert negotiator as an attorney who would ensure your physical and financial safety.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

While PTS symptoms increased the most during the first six months after the service members returned home, they tended to subside after a year. However, researchers were most surprised by the prominence of PTS and severity of symptoms five years after the veterans’ return.

One possible explanation they offered for PTS re-emerging after a long time was that many service members rely on the support of a military group in the early stages to cope with traumatic events. However, such bonding with former peers tends to decrease with time, leading to a delayed stress reaction.

According to the Department of Veterans Affairs, 11 to 20 percent of Iraq veterans in the United States suffer PTS symptoms each year. These symptoms can include nightmares, flashbacks, nervousness, fear, guilt, depression and difficulty concentrating.

Lead study author Iris Eekhout of VU University Medical Center in Amsterdam said there is a lack of research into the long-term mental health effects that veterans experience. The findings suggest screening for PTS symptoms should continue for more than just a year after veterans return home. Doing so would ensure the condition does not go undiagnosed as new or recurrent cases could emerge.

Eekhout emphasized that it is crucial for veterans to have easy access to mental health care. “It is important to monitor their psychological health for a long time after deployment, because early detection of symptoms is essential to early treatment, which is related to positive outcome,” Eekhout said. The findings were published in the journal The Lancet Psychiatry.

This blog will take a look at how you can get child custody from a spouse that is outside of the U.S.

Foreign Reciprocating Countries

It is not necessary that the importance that the U.S. pays to child support payments is reciprocated in other countries. However, there are some countries with which the U.S. has pre-existing agreements with to get child support from the spouse living in their country. Currently the U.S. has such agreements with 26 foreign countries.

An international divorce and/or custody case where one of the spouses/parents is outside of the country will usually require the filing of a child support order with the local child support office. Once this has been done, that country will assign an agency to deal with the issue, contact the spouse in their country and to make them comply with the issue.

State Agreements

The above scenario is one where the federal government has an agreement with the other government. This can also be done down at the state levels. For example, if the State of California has an agreement  with another country, the courts can then order the state to make use of that agreement to make the spouse in the other country comply with the order.

Treaties

There are a number of countries around the world that are a party to a number of child custody treaties. One of the most important treaties for the protection of a child is the International Hague Convention treaty. Countries that are signatories of this treaty for example follow the uniform international child abduction and custody laws and ensure that even if a spouse is not in the U.S. he or she should be made to pay the expenses of their child.

State Employers

The fact that the U.S. is the hub of most business around the world is an encouraging fact as far as child support case is concerned. If you are able to get the child support order in your favor in your divorce case and the company in which your spouse works has an office in the U.S. then you can move the court to start a wage garnishment service against the other spouse. What this would do is that the company of the spouse will deduct the child support amount from his salary monthly and transfer it on their own in your bank account.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

As background, since 2004, the DHS has been required to accelerate the plan to develop an automated entry and exit control system to match arrival and departure records for foreign nationals entering and leaving the United States which is able to report data on foreign nationals who have stayed beyond the time permitted to them to be in the United States.  From 2006 onward, DHS’ biometric entry capability has been in service at all ports of entry.  But DHS has yet to place into service a corresponding biometric exit capability which produces reliable data to track overstays.

The GAO report again suggests that DHS create time frames and specific goals for a biometric air exit system and a means to determine the reliability of the data which it has collected.  The GAO reports that as of January, 2016, DHS has neither reported its overstay data nor on data reliability, nor provided a time when DHS would respond to GAO’s recommendations on these points.

The rule harmonizes the regulations with the implementing statute so that both state that H-1B1 and E-3 nonimmigrant workers are authorized to work for a specific employer incident to their status.  The rule clarifies that there is no further filing needed with USCIS to document the H-1B1 or E-3 nonimmigrant’s employment authorization in the United States.

The rule also permits E-3 and H-1B1 nonimmigrants to continue employment with a specific employer upon the employer’ filing of a timely extension of stay petition for the E-3 or H-1B1 nonimmigrant for 240 days beyond the initial time that the Department of Homeland Security granted while USCIS adjudicates the pending extension filing.  Additionally, the rule now specifically provides that E-3 and H1B1 nonimmigrants can change status or extend their stay in the United States.

Finally, the rule permits EB-1 outstanding professors and researchers to submit comparable evidence of eligibility instead of or in addition to the specific type of evidence set forth in the regulations, if the latter do not readily apply.

The report, Immigration: Visa Security Policies, details the security checks that visa applicants must currently undergo before being issued a U.S. visa. These include submitting fingerprints, a photograph and identification information. All prospective lawful permanent residents, and some prospective nonimmigrants, must undergo physical and mental examinations. U.S. consular posts use a biometric and biographic database called the Consular Consolidated Database (CCD) to screen visa applicants, and consular officers also search a Consular Lookout and Support System database (CLASS). From 2013 onward, Consular offices use the Terrorist Identities Datamart Environment (TIDE) to check for known and suspected terrorists or terrorist groups.

The report also details policy proposals intended to improve the efficiency and effectiveness of visa security policies. One proposal involves a sharing of confidential information with foreign governments to bolster security, but it raises concerns with the government’s responsibility to protect personal information. Another proposal is to apply visa security checks more broadly, making more foreign nationals coming to the U.S. subject to heightened consular screening procedures. On the other side of security concerns is a desire to welcome foreign travelers who are a boon to the U.S. economy and thus not to unduly hamper the vast majority of legitimate foreign nationals who seek to come to the U.S. for mutual benefit. Reaching the right balance between the two is the major policy challenge.

• Giving the other party sufficient written notice of your intent to take the children on vacation.  At least 30 days prior notice is advisable, although the parties can agree on any time period.  Informing the other parent with sufficient advance notice allows the parties to address schedule changes ahead of time.

• Providing a written itinerary of when you will be leaving for vacation, when you will be returning, air flight information, and contact information for where you will be staying on vacation in the event of an emergency.

• Whether travel out of the state or out of the United States is permitted.  Once that is worked out, then any travel out of the state or out of the country with the children would require prior written consent of the other party or otherwise a court order.  Another issue to consider is whether travel outside the United States can be to a non-Hague Convention country.  The Hague Convention is basically a uniform international set of laws that address how child abduction in a country that formally recognizes the Hague Convention laws, which allows for a systematic way to deal with a child abduction based on one set of laws.  If a child abduction occurs in a non-Hague Convention country, a parent is beholden to the laws and legal system of that country which can be very difficult to deal with.  Therefore, look up the list of Hague Convention countries should you or your ex-spouse decide to travel out of the country with the children to determine whether such travel is agreeable.

• Determine the number of weeks each parent can vacation with the children, and whether the weeks can be consecutive (back-to-back) or one week at a time only.  If you are planning to travel out of the country, especially to visit family, one week will probably not be enough time for such a vacation.

• Determine if there are certain activities that will not be permitted during the vacation, such as para-sailing, offroad dirt biking, etc., that would be considered dangerous.

Remember that being reasonable and considerate of the other parent concerning these issues will go a long way in co-parenting with your ex-spouse. After all, if you are not willing to allow the other parent to travel out of the state with the children, then that parent is not going to be willing to work with you when you need some flexibility from them.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

The 113 women from 28 states are seeking millions of dollars in damages for their pain and suffering, lost wages and expenses to cover the cost of raising a child. Ninety-four of the women involved in the lawsuit delivered babies following unplanned pregnancies, 17 did not have full-term pregnancies and two women did not get pregnant.

According to court documents, the birth control pills manufactured by Qualitest were allegedly packaged in the wrong order. They were “rotated 180 degrees . . . reversing the weekly tablet orientation.” The error led the women to take the placebo pills at the wrong time of the month instead of during menstruation. The lawsuit claimed the women were left “without adequate contraception” as a result.

Birth control pills are meant to prevent pregnancies through stopping the release of an egg by tricking the body into believing it has already done so. Qualitest, a subsidiary of Endo Pharmaceuticals, announced a national recall of 1.4 million packages of birth control pills for a packaging error in 2011. An Endo Pharmaceuticals spokesperson said the company emphasizes that “patient safety is our top priority.” However, it has not issued any recent or new product recalls.

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

The report, by Legislative Attorney Alexandra M. Wyatt, presents an overview of the legal debate on birthright citizenship and the issue of children born in the U.S. to alien parents. The report examines the historical development of birthright citizenship, early and modern litigation on the issue and the parameters of the modern legal debate.

The U.S. Constitution provides for birthright citizenship in the Fourteenth Amendment, which states that “[a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” This is usually interpreted to mean that anyone born in the U.S. automatically becomes a U.S. citizen, even if their parents are undocumented immigrants, as the Supreme Court held in United States v. Wong Kim Ark, an 1898 case.

The CRS report details how many opponents of birthright citizenship favor a narrower interpretation of the Fourteenth Amendment’s Citizenship Clause, arguing that the term “jurisdiction” should mean “complete jurisdiction” in the sense of undivided allegiance and mutual consent of sovereign and subject. Some opponents of birthright citizenship also argue that Wong Kim Ark did not squarely address the question of whether the Citizenship Clause requires a broad view of jurisdiction.

Wyatt points out that since the early 1990s, bills have been introduced in Congress to deny citizenship to people born in the U.S. if their parents were not lawful residents. Whether such a statute would pass constitutional muster in the almost certain court challenge should such legislation become law would remain to be seen.

Researchers at the Bowling Green State University in Bowling Green, Ohio, found that although overall divorce rates in the United States are falling, people aged 50 and over are now twice as likely to undergo divorce in comparison to 1990. The study also indicated that one out of four divorces in 2010 occurred in that age group.

Divorce is a difficult process at any age. Although seniors who choose to divorce may not face the same stressful child custody and support issues that younger couples may have, they will likely have to deal with major financial considerations.

During divorce proceedings, senior couples need to consider how to split retirement assets that are present in the marriage. Such assets continue to grow even after the divorce, and careful planning can help ensure that individuals receive their share of the payments. The rules governing the division of retirement accounts in California are complex and ever-changing.

With studies showing that remarriages have higher divorce rates, individuals would also benefit from getting a prenuptial agreement to protect assets. Without one, a second divorce can drain retirement savings that have already been divided once. A prenuptial agreement is a tool that enables an even post-marital distribution of assets to avoid conflict.

No matter the age of the divorcing spouses, they should try to keep conversations about finances as neutral and amicable as possible. There is no benefit in having a contentious divorce. Instead, mediation can offer the opportunity for both parties to reach a satisfying outcome on common ground.

For more information, see:

• http://money.usnews.com/money/retirement/articles/2015/04/24/7-things-to-know-about-divorcing-during-your-senior-years
• http://www.nytimes.com/2015/10/31/your-money/after-full-lives-together-more-older-couples-are-divorcing.html?_r=0

Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.

Raymond Simpson filed the lawsuit July 28 in Cook County Circuit Court, claiming negligence in the operation, which took place in November 2014.

According to the lawsuit, on Nov. 24, 2014, Simpson had an emergency laparoscopic appendectomy, but the doctor did not remove the entire organ, leaving a portion of the appendix measuring about three centimeters. The lawsuit claims that there was a later infection and the site ruptured on March 30, 2015, forcing the patient to undergo a second and more serious surgery.

The lawsuit alleges that professional negligence on the part of the doctor caused Simpson to suffer medical expenses, loss of a normal life, disfigurement and pain and suffering, which would have been avoided had the defendants not breached their duty to exercise due care in the first operation.

The plaintiff seeks damages of over $50,000, and attorneys’ fees and costs. The case is Cook County Circuit Court case number 2015L007824.

According to a study published in the Journal of Patient Safety, between 210,000 and 440,000 patients die each year in part because of preventable medical errors, which makes medical malpractice the third leading cause of death in the United States, behind heart disease and cancer.

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

Around 20 percent of women who served in Vietnam as part of the U.S. military between the 1960s and 1970s have experienced PTSD. Many female veterans are still living with the disorder. The researchers noted that although PTSD was common among men who served in Vietnam, not much is known about its impact on women’s health.

“Because current PTSD is still present in many of these women decades after their military service, clinicians who treat them should continue to screen for PTSD symptoms and be sensitive to their noncombat wartime experiences,” said the study’s lead author Kathryn Magruder, of the Johnson Veterans Affairs Medical Center in Charleston, South Carolina.

Magruder and her team examined the survey responses of 1,956 women who were stationed in Vietnam, 657 who served near Vietnam and 1,606 who remained in the United States during the Vietnam War. The participants were interviewed starting in 2011 and their medical records were reviewed. The findings were published online in JAMA Psychiatry on Oct. 7.

More than half of the women served as nurses during the war as members of the Army and Air Force. The researchers said they were still exposed to sources of stress even though they did not participate in combat. About 16 percent of female veterans who were stationed in Vietnam still experienced PTSD when surveyed, compared to around 8 percent of women who had served near Vietnam and about 9 percent who remained in the United States.

Many female Vietnam veterans still suffer due to their wartime experiences. The study results suggest that exposure to sexual harassment, job performance pressure and other stressors heighten the chances of PTSD. The study highlights the need to change military culture so that sexual harassment is not a PTSD risk factor for future generations.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your Post Traumatic Stress, Traumatic Brain Injury, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, Total Disability Based on Individual Unemployability, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

Around 20 percent of women who served in Vietnam as part of the U.S. military between the 1960s and 1970s have experienced PTSD. Many female veterans are still living with the disorder. The researchers noted that although PTSD was common among men who served in Vietnam, not much is known about its impact on women’s health.

“Because current PTSD is still present in many of these women decades after their military service, clinicians who treat them should continue to screen for PTSD symptoms and be sensitive to their noncombat wartime experiences,” said the study’s lead author Kathryn Magruder, of the Johnson Veterans Affairs Medical Center in Charleston, South Carolina.

Magruder and her team examined the survey responses of 1,956 women who were stationed in Vietnam, 657 who served near Vietnam and 1,606 who remained in the United States during the Vietnam War. The participants were interviewed starting in 2011 and their medical records were reviewed. The findings were published online in JAMA Psychiatry on Oct. 7.

More than half of the women served as nurses during the war as members of the Army and Air Force. The researchers said they were still exposed to sources of stress even though they did not participate in combat. About 16 percent of female veterans who were stationed in Vietnam still experienced PTSD when surveyed, compared to around 8 percent of women who had served near Vietnam and about 9 percent who remained in the United States.

Many female Vietnam veterans still suffer due to their wartime experiences. The study results suggest that exposure to sexual harassment, job performance pressure and other stressors heighten the chances of PTSD. The study highlights the need to change military culture so that sexual harassment is not a PTSD risk factor for future generations.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your Post Traumatic Stress, Traumatic Brain Injury, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, Total Disability Based on Individual Unemployability, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

The Notice, published on November 9, 2015, provides that a student is eligible under the Notice if he or she is a citizen of Nepal, was lawfully present in the United States in F-1 status on April 25, 2015 and was enrolled in a SEVIS certified school and maintaining F-1 status, and is experiencing severe economic need arising out of the direct effects of the earthquake.  Eligibility means that the student can register for a reduced case load per semester and engage in employment on or off campus and still be engaged in a full course of study for the purpose of maintaining F-1 status.  USCIS estimates that there are more than 9,300 Nepalese students to whom this Notice can apply.  The benefits provided under the Notice end on December 24, 2016.

Eligible Nepalese F-1 undergraduate students must register for 6 semester hours per semester and eligible Nepalese graduate students must register for 3 hours per semester.  The Notice also provides that both undergraduate and graduate students can count the equivalent of 1 course or 3 credit hours of online or distance learning to satisfy the reduced required per semester course load.

Eligible Nepalese F-1 students can engage in on-campus employment for more than 20 hours per week.  Eligible Nepalese F-1 students can engage in off-campus employment without having been in F-1 status for 1 full academic year, nor demonstrating that accepting employment will not interfere with carrying a full course of study, nor with a limitation of working more than 20 hours per week off campus while school is in session.

The school’s DSO makes the determination whether a Nepalese F-1 student has demonstrated severe economic need to enter authorization for these benefits in the Nepalese student’s SEVIS record.  The Notice does not provide employment authorization for the spouses of covered F-1 Nepalese students.

A recent online survey of divorcing couples by divorce preparation website completecase.com shows that Vermont tops the list for easy, amicable divorces in the United States. Divorce in California was found to be pleasantly cordial, where couples part ways with minimal hostility.

Communication and cooperation are essential for an amicable divorce. A skilled mediator can get the divorcing parties in the right mindset to arrive at a friendly resolution. Divorce is never easy, but the more prepared you are, the more productive your mediation will be.

Getting organized before mediation can help spare time, money and stress. Important items to bring to the first session are a list of assets, properties, bank account balances, retirement funds and other financial documents. Information about debts and loans, as well as records about income sources should also feature in the list.  Drafting a budget is also a key step as it will shed light on your current financial picture and what finances will look like post-divorce. The budget should be realistic and based on concrete expenses. It should incorporate expenses such as mortgage payments, car payments, child care costs and health insurance. Bring the list with you to mediation.

Come to a mediation session prepared to negotiate rather than argue. Arguing can be counterproductive to the forward-looking process of mediation. The key to an effective mediation session is both spouses figuring out their range of acceptable terms and priorities.  After establishing your specific concerns either verbally or through writing, you can work with the mediator to accomplish your goals. Consider decisions regarding the future needs and care of your children, such as child custody and co-parenting.

Although divorce can be a stressful process, keeping emotions under control will be beneficial to mediation. Remember to stay flexible during the mediation process. You may be surprised by how often what you thought you wanted early on changes over time.

Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.

by Thomas D. Begley, Jr., CELA

Federal Employee Health Benefit Act

The Federal Employee Health Benefit Act (FEHBA) provides group health insurance for federal employees.[1] Although there is no statutory right of subrogation or reimbursement, FEHBA contains a preemption provision under which the terms of insurance contracts issued by its private carriers purportedly preempts state and local law.[2] However, the Supreme Court has held that FEHBA does not provide contract insurers with a federal cause of action or federal jurisdiction in a subrogation/reimbursement claim, leaving the matter to the state courts, and it further called into question whether a FEHB plan may assert any contractual recovery right at all against a beneficiary where such claims are prohibited by state law; the Court was “not prepared to say” that a carrier’s contract with the government “would displace every condition state law places on that recovery.”[3]

Federal Medical Care Recovery Act

The federal statutory scheme provides several independent bases for recovery of medical costs expended on behalf of government personnel and their dependents for injury or disease not connected to their military or other government service, but the Federal Medical Care Recovery Act (FMCRA)[4] establishes standards generally applicable to claims of all federal departments and agencies. Significantly, while the government may exercise its recovery rights under the statute by making claims directly against third-party tortfeasors, the statute authorizes no such claims against a beneficiary. The statute provides, inter alia, that in any case in which the United States furnishes or pays for medical or dental care and treatment under circumstances creating third-party tort liability for such expenses, the United States shall have a right to recover from the third party the reasonable value of such care and treatment.[5] The United States also has an independent right to recover from the third party the total amount of pay for a member of the Uniformed Services for any period in which the member is unable to perform his or her duties as a result of the injury or disease and is not assigned to perform other military duties.[6]

[1] 38 U.S.C. § 1725(a)(1).

[2] 5 C.F.R. § 890.

[3] Empire HealthChoice v. McVeigh, 547 U.S. 677 (2006).

[4] 42 U.S.C. § 2651.

[5] 42 U.S.C. § 2651(a).

[6] 42 U.S.C. § 2651(b).

Davis arrived in the United States from Manchester, England, on July 29. He kicked off his journey on Aug. 1 from Cape Cod. So far, he has trekked through Massachusetts into Rhode Island, Connecticut, New Jersey and New York. His goal is to reach Huntington Beach, California, by Veterans Day on Nov. 11.

The 49-year-old veterans advocate is raising money for the Wounded Warrior Project and UK-based veterans charity Combat Stress. He is accepting donations and chronicling his trek via Not Broken, Just Damaged, his Facebook page. Davis has served 24 years with the British army and worked alongside U.S. soldiers in Afghanistan for five years.

“We talk about ‘leaving no man behind,’ but our veterans ultimately get left behind after coming back home . . . I’m doing what I can to bring attention to just how bad the situation is among our veterans. There’s just not enough being done. I don’t expect the system to ever be perfect, but there’s lots of room for improvement,” Davis said.

Davis was inspired to embark on the 3,178-mile journey across 15 states after returning home from Afghanistan. He chose to do the walking tour in the United States rather than his home country because he thought the bigger population would help to gain more attention for the cause.

According to the U.S. Department of Veterans Affairs, 10 to 18 percent of Iraq and Afghanistan veterans are likely to have PTSD. Claiming that veterans with PTSD do not receive the help they need, Davis said, “If my efforts can help keep just one veteran from ending up homeless or committing suicide, then it’s worth it.”

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans lawyer, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

Davis arrived in the United States from Manchester, England, on July 29. He kicked off his journey on Aug. 1 from Cape Cod. So far, he has trekked through Massachusetts into Rhode Island, Connecticut, New Jersey and New York. His goal is to reach Huntington Beach, California, by Veterans Day on Nov. 11.

The 49-year-old veterans advocate is raising money for the Wounded Warrior Project and UK-based veterans charity Combat Stress. He is accepting donations and chronicling his trek via Not Broken, Just Damaged, his Facebook page. Davis has served 24 years with the British army and worked alongside U.S. soldiers in Afghanistan for five years.

“We talk about ‘leaving no man behind,’ but our veterans ultimately get left behind after coming back home . . . I’m doing what I can to bring attention to just how bad the situation is among our veterans. There’s just not enough being done. I don’t expect the system to ever be perfect, but there’s lots of room for improvement,” Davis said.

Davis was inspired to embark on the 3,178-mile journey across 15 states after returning home from Afghanistan. He chose to do the walking tour in the United States rather than his home country because he thought the bigger population would help to gain more attention for the cause.

According to the U.S. Department of Veterans Affairs, 10 to 18 percent of Iraq and Afghanistan veterans are likely to have PTSD. Claiming that veterans with PTSD do not receive the help they need, Davis said, “If my efforts can help keep just one veteran from ending up homeless or committing suicide, then it’s worth it.”

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans lawyer, visit http://www.legalhelpforveterans.com or call 800.693.4800

The maker has devised a proprietary algorithm that gauges a driver’s level of drowsiness. It accomplishes this by automatically calibrating to each person’s individual circadian rhythms, thus enabling it to detect when someone is becoming fatigued. An added bonus is that the sensor can also be linked to onboard digital tachographs and fleet management systems that alert dispatchers, allowing them to provide the trucker with instructions.

A tachograph is a device fitted to a truck, or other vehicle, that records its distance and speed. The ‘drive mode’ activates when a vehicle is moving and defaults to ‘other work mode’ when stopped. The sensor’s batteries have the capacity to last up to five days, allowing for its continued use during long drives.

Units went on the market in Japan in March. It is a novel approach to help solve a deadly problem. If the sensors come to the U.S., they may help reduce big rig accidents.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

by Thomas D. Begley, Jr., CELA

Generally, employer-sponsored benefits plans are governed by the Employee Retirement Income Security Act of 1974, commonly referred to as ERISA.[1] However, certain employers and their benefits plans are not subject to ERISA. These include governmental plans;[2] church plans;[3] plans maintained solely for the purpose of complying with applicable Workmen’s Compensation, unemployment compensation, or disability insurance laws;[4] a plan maintained outside of the United States primarily for the benefit of persons who are virtually all non-resident aliens;[5] or an excess benefit plan.[6] ERISA preempts state law that “relates to” an ERISA-governed plan;[7] however, ERISA does not exempt or relieve any person from complying with any law of any state that regulates insurance, banking, or securities.[8] Neither an employee benefit plan nor any trust established under such a plan shall be deemed to be an insurance company or other insurer, bank, trust company, or investment company.[9]

As a result of this statutory framework, any self-insured employee benefit plan regulated under ERISA enjoys federal preemption of state law, but an insurance company insuring such a plan does not. Such insurance companies are regulated by state law, including laws concerning subrogation and reimbursement.[10] If an ERISA plan is insured, the insurance company is subject to state law and the plan is bound by state insurance regulations insofar as they apply to the plan’s insurer. ERISA itself is silent with respect to subrogation and reimbursement, neither requiring a welfare plan to contain a subrogation clause nor barring such a clause or otherwise regulating its content.[11]

[1] 29 U.S.C. § 1003.

[2] 29 U.S.C. § 1003(b)(1).

[3] 29 U.S.C. § 1003(b)(2).

[4] 29 U.S.C. § 1003(b)(3).

[5] 29 U.S.C. § 1003(b)(4).

[6] 29 U.S.C. § 1003(b)(5).

[7] 29 U.S.C. § 1144(a).

[8] 29 U.S.C. § 1144(b)(2)(A).

[9] 29 U.S.C. § 1144(b)(2)(B).

[10] FMC Corp. v. Holliday, 498 U.S. 52 (1990).

[11] Ryan v. Federal Express Corp., 78 F.3d 123 (3d Cir. 1996).

As background, foreign students are admitted to the United States as nonimmigrants for the purpose of pursuing their studies at United States educational institutions. Students pursuing higher education are admitted in F-1 status and students pursuing vocational studies are admitted in M-1 status.

The Department of State has an Exchange Visitor program, which is multi-faceted and provides opportunities for nonimmigrant foreign nationals in diverse areas through programs for university students, professors and researchers, physicians, short term scholars, teachers and many others. Exchange visitor program participants are admitted to the United States in J-1 status.

The Student and Exchange Visitor Information System (SEVIS) maintains information about all F-1, M-1 and J-1 nonimmigrants in the United States and the report draws its data from SEVIS.

The following are highlights of the report:

• There are presently 1.05 million students in the United States in F-1 or M-1 nonimmigrant status.
• There are presently 244,766 exchange visitors in the U.S. in J-1 status.
• More than 300,000 F and M students in the United States are from China.
• More than 150,000 F and M students in the United States are from India.
• SEVP has certified 8,887 United States schools to have international students enrolled.
• 77% of all schools certified by SEVP have 50 or less F and M students.
• 74% of F and M students are in doctoral, master’s or bachelor’s programs.
• The fields of science, technology, engineering and mathematics (STEM) account for 405,314 F and M students.
• 38% of all F and M students in the United States are studying in STEM fields.
• Engineering, computer sciences and biological and biomedical science programs account for 75% of all F and M STEM students.
• In Texas, 24% of F and M students are from India and 17% are from China.
• The number of active J-1 exchange visitors increased 21.9% from February 2015 to July 2015, from 200,779 J-1s to 244,766.
• The number of F and M students decreased 6.9% in the same time period, from 1,132,636 to 1,054,505.

Businessman Steve Clark has claimed that current alimony laws were drafted when most women did not work. Women now comprise nearly half of the work force in the United States.

Alimony, also known as spousal support, is the payment one spouse makes to another after a divorce, based on a court decision or an agreement between the couple.

Clark decided to take action after his divorce culminated in long-term alimony of $1000 a month to his ex-wife, even though she works and has the ability to be financially independent, based on current California law factors.

In many divorce cases, the spouse with the higher income may end up paying alimony. However, a number of factors are considered when determining payments, such as the duration of the marriage, standard of living, financial obligations and more.

Clark is petitioning to end alimony via his website, calalimonyreform.org. He must collect at least 365,880 signatures from state voters by November 2nd for the bid to qualify for the 2016 state ballot.

If the controversial initiative is passed, alimony would no longer be awarded during divorces, legal separations and annulments. Existing alimony payments that were to end within 10 years would also stop, unless a court extension is granted.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

On September 9, 2015, DOS issued its Visa Bulletin for October, 2015, containing a new feature called Date of Filing. The Date of Filing sets out when an applicant in the United States may file for adjustment of status in the family and employment based categories. This addition represents an major benefit for those immigrants whose categories are severely backlogged. Immigrants and their immediate family members with a current Date of Filing can file for adjustment of status, and can seek employment authorization and travel permission as ancillary benefits sooner than their Priority Date now renamed Final Action Date. The inclusion of a Date of Filing in the Visa Bulletin has generated much excitement especially in immigrants whose categories have long wait times.

But the September, 25, 2015 revisions to the October, 2015 Visa Bulletin made the following specific Date of Filing changes: EB-2s for China retrogressed from May 1, 2014 to January 1, 2013, EB-2s for India retrogressed from July 1, 2011 to July 1, 2009, and EB-3s for the Philippines retrogressed from January 1, 2015 to January 1, 2010. F1s for Mexico retrogressed from July 1, 1995 to April 1, 1995, and F3s for Mexico retrogressed from October 1, 1996 to May 1, 1995. The retrogressions have disappointed many immigrants.

The revision resulted after further discussions between DOS and the Department of Homeland Security. According to DOS, “…the Dates for Filing Applications for some categories in the Family-Sponsored and Employment-Based preferences have been adjusted to better reflect a timeframe justifying immediate action in the application process…”

DHS has advised that it will rely on the revised October, 2015 Visa Bulletin in determining when an applicant becomes eligible to file for adjustment.

Online marketers always make out that there is a huge secret to marketing online. That’s actually a whole lot of hooey. Marketing online takes work, good leads and dedication — period. That’s no secret. But what about the money you put out to buy leads from a lead generation company? Couldn’t you generate your own leads? Sure you could, but is it worth it?

Let’s consider a few realities here. Generating leads takes a huge investment of time and dollars, not to mention the necessary skill to target the right market niche. Do you have search engine optimization training? Do you know how to target certain keywords? Do you know what you want to specifically market? Do you know how to market insurance products in a highly competitive market?

If you answered yes to all of those questions, you don’t need to be reading this article. If you stumbled over a number of them, buying leads from a lead generation company that knows what its doing is your best bet if you want to convert leads into solid customers. The top notch lead generation companies have the art of gathering leads down to a science. An agent just starting out is not going to be able to compete, but if you are determined to try, it is worth the learning experience.

If attempting to garner leads on your own, be prepared to face the fact that many of the leads you may be able to generate — from a contact form on your website, via pay per click (PPC) ads, e-zine and magazine ads or elsewhere — may suffer from being too generic.

Say you offered a free iPad to the 30th person to contact you about health insurance. Yes, you would get leads, but they would be more interested in the iPad than the health insurance. That’s an expensive promotion and a waste of marketing dollars. It is not properly targeted. It does not provide many potential viable returns, and those who do respond are not “leads” in the true sense because they are not genuinely interested in buying health insurance.

If you source your leads from a lead generation company, you get pre-screened, pre-qualified leads in real time. You get people who actually want you to call them and provide them information about insurance. Those leads do convert, do not waste your time and can be the foundation of a very financially prosperous business.

If you want to spend hundreds of dollars on a mail campaign or PPC ad campaign to generate leads, go ahead and try it. Keep statistics on the number of conversions made with each approach. Then, buy leads exclusive to you only and see how many convert. The numbers, on comparison, tell all.

Marketing insurance is a tough job, particularly in this economy. Why waste time and money on trying to generate your own leads when you can get them ready-to-go and ready-to-convert?

Benepath is the leading provider of exclusive health insurance leads to agents across the United States. To learn more, visit http://www.benepath.net or call 1-866-368-0377

Previously, the Visa Bulletin listed only a Priority Date, that is, a cut-off date of the first applicant who could not be reached within the numerical limits for a specific month.  Now, Priority Date has been re-named Application Final Action Date (or “Final Action Date”).  Added is a new date, Dates for Filing Applications (or“Filing Date”), that is, the date on which an applicant can file for adjustment of status.  These changes apply to both family based and employment based immigrant visa categories.

A key benefit for adjustment applicants is the eligibility to file for employment authorization and travel permission while their adjustment application pends.  In addition, for many employment based categories, once the adjustment application has been pending for 6 or months, the applicant can port to a different employer in the same or similar job classification.  These are welcome changes to many applicants in heavily backlogged visa categories.

Although an applicant can file for adjustment of status in advance of the Final Action Date, USCIS cannot approve the application until a visa number actually becomes available.  In reading the Visa Bulletin, applicants filing for adjustment must use the Final Action Date unless the Visa Bulletin states that the Filing Date can be used.   For the month of October, 2015, the Visa Bulletin references a USCIS determination that the Filing Date can be used in determining whether the applicant can submit their application or applications to USCIS.  Each month thereafter, USCIS will make a determination regarding adjustment projection numbers and the Visa Bulletin will state whether the applicant can use the Filing Date or must use the Final Action Date.

Please see http://www.travel.state.gov/content/visas/english/law-and-policy/bulletin/2016/visa-bulletin-for-october-2015.html for the October, 2015 Visa Bulletin.

According to the lawsuit, medical personnel failed to properly manage the delivery, and did not properly take into account the risk factor that the mother suffered from gestational diabetes. The lawsuit seeks $2.5 million in damages.

The lawsuit alleges that the plaintiff was admitted to the healthcare clinic in 2013 for labor induction. In order to induce contractions and expedite the labor, Pitocin was administered and gradually increased. The certified nurse midwife performed an examination, but did not take fetal weight into consideration, the lawsuit claims.

Medical records reflect a manually assisted vaginal delivery, and show that the baby experienced shoulder dystocia. According to the lawsuit, the baby weighed almost nine pounds at birth and had limited arm movement and facial bruising.

According to the lawsuit, an examination later showed that the baby had suffered an injury to the brachial plexus nerves, which affect the movement of the shoulders, arms and hands.

The lawsuit claims that the baby may suffer permanent disability, and has been referred for occupational and physical therapy, and possible reconstructive surgery.

The lawsuit seeks damages for physical impairment, pain and suffering, loss of earning capacity and mental anguish.

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/.

A study of 50 pharmacies nationwide found a 1.7 percent error rate. With 4 billion prescriptions filled each year in the United States, that means there could be more than 60 million medication mistakes made annually in retail pharmacies.

In Illinois, accurate statistics on medication mistakes are lacking because the state does not require pharmacies to report them. Fifteen other states do require such reporting. In addition, under national law, as long as pharmacies create an internal review system, they may keep errors confidential. In Illinois, thanks to a court case won by Walgreens, pharmacies can ignore state subpoenas for reports on medication mistakes.

People who suffer injuries due to medication errors may be entitled to compensation through a pharmaceutical negligence lawsuit. Illinois parents Robin and Eda Ahmed filed a lawsuit against Walgreens recently, after their five-year-old son was allegedly given an antipsychotic instead of allergy medication. The antipsychotic was intended for an adult with the same first and last name as the boy, the lawsuit claims.

According to the Ahmeds’ attorney, the pharmacist should have noted that the dosage was ten times the amount that a child should receive. After the child received two doses of the medication, the parents said he could not breathe or talk. The boy’s mother said that doctors told her one more pill would have killed her son.

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

The VA said that same-sex couples with military ties will be eligible for the full scale of benefits that were, until recently, denied to them in some states. The agency previously upheld a policy of not providing spousal benefits to couples residing in states where same-sex marriage was not recognized.

Defense Department spokesman Navy Lt. Cmdr. Nate Christensen said the Supreme Court decision will not affect the military when it comes to the recognition of marriage or availability of benefits, since they have been in place since the court invalidated the Defense of Marriage Act in 2013.

Since then, same-sex military couples have received access to the department’s benefits. However, VA officials denied benefits to veterans in same-sex unions in states that did not legally recognize their marriages. This prompted lawsuits across the United States, most of which were put on hold while the Supreme Court made its decision.

The latest ruling is set to affect thousands of veterans as it dismantles all the barriers to gaining the full spectrum of benefits given to married couples. In a statement, VA officials said they are working to clarify the benefits process and provide guidance to same-sex couples looking to apply for them.

They added that the ruling now allows the department to “recognize the same-sex marriage of all veterans, where the veteran or the veteran’s spouse resided anywhere in the United States or its territories at the time of the marriage or at the time of application for benefits.”

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your Post Traumatic Stress, Traumatic Brain Injury, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, Total Disability Based on Individual Unemployability, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

The VA said that same-sex couples with military ties will be eligible for the full scale of benefits that were, until recently, denied to them in some states. The agency previously upheld a policy of not providing spousal benefits to couples residing in states where same-sex marriage was not recognized.

Defense Department spokesman Navy Lt. Cmdr. Nate Christensen said the Supreme Court decision will not affect the military when it comes to the recognition of marriage or availability of benefits, since they have been in place since the court invalidated the Defense of Marriage Act in 2013.

Since then, same-sex military couples have received access to the department’s benefits. However, VA officials denied benefits to veterans in same-sex unions in states that did not legally recognize their marriages. This prompted lawsuits across the United States, most of which were put on hold while the Supreme Court made its decision.

The latest ruling is set to affect thousands of veterans as it dismantles all the barriers to gaining the full spectrum of benefits given to married couples. In a statement, VA officials said they are working to clarify the benefits process and provide guidance to same-sex couples looking to apply for them.

They added that the ruling now allows the department to “recognize the same-sex marriage of all veterans, where the veteran or the veteran’s spouse resided anywhere in the United States or its territories at the time of the marriage or at the time of application for benefits.”

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your Post Traumatic Stress, Traumatic Brain Injury, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, Total Disability Based on Individual Unemployability, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

Senators Chuck Grassley (R-Iowa) and Patrick Leahy (D-Vt.) introduced Senate Bill 1501 on June 3. The proposed legislation would implement a five-year extension of the EB-5 regional center program, which would otherwise expire in September 2015. The EB-5 program permits an immigrant investor to obtain permanent resident status by investing either in a new or existing business, or in a project developed by a regional center in the United States. Regional centers create projects for immigrant investors mostly in targeted employment areas, which have a minimum investment amount of $500,000. Regional center projects can use indirect job creation to meet the statutory EB-5 job creation requirements. S.B. 1501 is the first bill introduced to extend this popular investment program.

S.B. 1501, called The American Job Creation and Investment Promotion Reform Act, aims to provide EB-5 investors with more information about their investments and to help investors avoid scams. A pertinent example involved a California-based oil and gas company which the U.S. Securities and Exchange Comission (SEC) recently charged with violations of securities laws for allegedly running a Ponzi-like scheme to defraud investors, including EB-5 investors.

Highlights of the proposed legislation include, but are not limited to:

• Increasing the minimum investment amount from $500,000 to $800,000 for targeted employment area investments and non-targeted areas investments from $1,000,000 to $1,200,000
• Removing an immigrant investor’s spouse and minor children from the overall quota calculation, which would have the affect of eliminating visa backlogs which currently exist for China.
• Removing authority from the states to designate tracts of land as targeted employment areas
• Creating a special $20,000 per year annual fee for each regional center to pay for government audits and fraud detection

S.B. 1501 is the start point in legislative proposals to extend the EB-5 program. The bill will be subject to many proposed changes between now and when the legislation goes to Congress for a final vote.

Women in the United States statistically have longer life expectancies than men, and therefore a higher likelihood of outliving their husbands. In such circumstances, planning for the financial future becomes critical.

Estate planning is one way in which women can take control of their finances in order to ensure long-term economic security. It is also a useful tool for preserving wealth and creating a plan for handling assets upon one’s death.

Many women tend to put off estate planning, not realizing its importance or understanding how to go about it. Taking simple steps such as writing a will or setting up a trust can reduce confusion and expenses for your family when you are no longer around.

Drafting a will forces you to review you financial situation and formally plan how you want to pass on your wealth. Without a will, you die intestate and a court decides how your assets will be divided, based upon certain assumptions.

Trusts can be helpful in protecting your assets and ensuring they go where you intended. They can protect money from children until they are older and keep ex-spouses from gaining access to your funds against your wishes. Talking to a lawyer will help you choose from the many types of trusts available, depending on your needs.

With a well-drafted estate plan in place, some of the financial impact of unexpected life events such as a divorce or the death of a spouse can be reduced. By planning ahead, you can also capitalize on federal estate tax exemptions, ensuring your beneficiaries receive the maximum amount of your assets.

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

Citing a global threat environment as a reason to know more about those persons using the VW program, DHS announced three new security requirements: (1) VW Program travelers now must use e-passports; (2) DHS will use the INTERPOL Lost and Stolen Passport Database for VW travelers; and (3) DHS will seek to expand its use of U.S. air marshals on flights from VW countries to the United States.

DHS considers these changes as part of is commitment to do more to address a growing threat of foreign terrorists, without impeding international travel to the United States.

Elder justice was in the spotlight at the conference, which took place nearly a month after World Elder Abuse Awareness Day on June 15. Aging opens adults up to a number of vulnerabilities, such as physical and psychological abuse, neglect and financial exploitation.

According to the White House, a 2010 study revealed that one in 10 older Americans experienced abuse in the previous year. While programs and services such as the National Center for Elder Abuse are available for elderly adults seeking help, policymakers play a key role in raising awareness about elder abuse and working towards prevention.

The conference has taken place each decade since the 1960s to discuss how to improve the quality of life for older Americans. Some of the topics that will be addressed include retirement and financial security, healthy aging, long-term support and elder justice.

This year marks the 50th anniversary of Medicaid, Medicare and the Older Americans Act. Such governmental programs contribute to providing Americans with peace of mind as they age. Older Americans also need access to a well-placed caregiving network, adequate housing and financial security to maintain healthy, independent lifestyles in their old age.

The Obama Administration has participated in listening sessions since July 2014 to learn from aging leaders and older Americans about the key issues that need to be addressed at the conference.

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

Matter of Simeio Solutions, LLC concerns the H-1B visa classification, a nonimmigrant category which permits a U.S. employer to employ a foreign national worker temporarily in a specialty occupation in the United States. The precedent decision stated that a U.S. employer must file an amended petition when a change in an H-1B worker’s worksite location requires a new Labor Condition Application (LCA). USCIS guidance released in May, 2015, made that process retroactive, requiring a new LCA and an amended H-1B petition for each worker whose location changed prior to the decision. USCIS set August 19, 2015, as the amended petition deadline for compliance.

In its final guidance issued July 21, 2015, USCIS changed that position. USCIS now states that it will generally not pursue adverse actions, solely based on an employer’s failure to file an amended petition, against employers whose H-1B employees moved to a new area of employment on or before April 9, 2015 (the date that Matter of Simeio Solutions, LLC was decided). Thus, a new LCA application and an amended petition is only required for a location change occurring after April 9, 2015.

In addition, the deadline of August 19, 2015, was moved to January 15, 2016. USCIS will consider an amended H-1B petition filed by the amended deadline to be timely. The precedent decision and policy guidance demonstrate the importance and complexity of this issue. Employers employing foreign workers in H-1B status should work with an experienced immigration attorney to ensure compliance.

By Marion Walsh, Esq.

This week, we celebrate and applaud the 25th Anniversary of the Americans with Disabilities Act (ADA).  In our firm, we work each in every day to help individuals with disabilities achieve meaningful benefits and live a fulfilling life.  The ADA and the ADA Amendments Act of 2008 guarantee civil rights protections to individuals with disabilities—whether physical, cognitive or emotional– and prevent discrimination.   The law ensures equal opportunity for individuals with disabilities for access to public spaces, businesses, employment, transportation, state and local government programs and services, and telecommunications.

We reaffirm the findings of the ADA as articulated by Congress in 1990, which unfortunately remain equally true today:

• physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination;
• historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem;
• discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services;
• unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination;
• individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities;
• census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally;
• the Nation’s proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and
• the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity.  Americans with Disabilities Act, 42 U.S.C  12101(a) (1990).

As we move on to the next 25 years and beyond, we share a hope that the ADA will realize its potential of providing access and greater understanding to those with disabilities and full inclusion in society.  We must focus understanding and research not only on those with obvious physical disabilities but for those with “hidden” disabilities that may not always be apparent but can be severely debilitating, as the ADA protects both physical and mental impairments.  Our schools, workplaces and public spaces should work toward utilizing universal design so that all can access learning, programs and services in an individualized fashion, in a reasonable manner.  We need research, understanding and best practices toward how we can help individuals facing challenges self-actualize and maintain true integration in society.

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

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The village serves as a protected, self-contained world for its inhabitants. It contains apartments, restaurants, a supermarket, gardens and more. Gates and security fences enclose the center, which provides both freedom and protection for residents who wander.

The goal is to create an environment that simulates normal life as much as possible, with dementia patients free to participate in activities they are capable of while receiving help with activities they can no longer perform. Residents can cook, clean and go grocery shopping, as well as go get their hair done or eat at a restaurant. At the same time, caregivers are on hand to help with activities of daily living as necessary.

Each apartment houses six to eight people, including caretakers who wear street clothes. The design of every department is unique, and each is geared toward a particular lifestyle, such as “cultural,” “artisan” or “Christian.”

A growing population of seniors and an increasing life expectancy means that the U.S. will be facing an unprecedented number of Alzheimer’s patients. This change may result in increased strain on both individual caregivers and the healthcare system as a whole in coming years. The number of people with Alzheimer’s has increased by 68 percent since 2000, and that trend will continue as the Baby Boomer population ages. The development of innovative solutions that promote independence and a fulfilling life is essential to the care of this growing population.

Already, a similar village has opened in Switzerland. In the future, it is possible that more such centers will open across Europe and in the United States, potentially improving the care and well-being of individuals with dementia.

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.

Being an insurance agent means you need to be aware and responsive to all kinds of customers, what they need and want, and how they prefer to do business. Approaching a senior who eschews technology through electronic methods will probably not be effective. Deal with them in the manner in which they are used to doing business — personally, one-on-one, at a kitchen table, over a cup of coffee and cupcakes.

These days the personal touch and human connection is absent from most business transactions. Many deals are done online and the buyer and seller never see or meet one another. Sure the Internet has broadened our marketplace, but it has also made them impersonal. Selling insurance is about catering to your clients’ needs. Do that and you have a client for life.

Benepath is the leading provider of exclusive health insurance leads to agents across the United States. To learn more, visit http://www.benepath.net or call 1-866-368-0377

But, what if you don’t have a list of leads? What if you are just starting out? What do you do? Even without a list of leads, you have plenty of things you can do to attract customers. Begin with webinars once a week and try to make sure you have at least 10 people on each webinar you host. Thirty would be better, but since you are just starting out, a realistic tally would be ten.

Actively encourage questions and feedback. Invite all those who participate to come back and bring a friend. Sessions should be packed with valuable, relevant information about various insurance products. It is important to use live case examples about times people’s insurance has paid off in a big way.

Personal anecdotes sell insurance. Sometimes it’s just that simple.

Benepath is the leading provider of exclusive health insurance leads to agents across the United States. To learn more, visit http://www.benepath.net or call 1-866-368-0377

The officer asked the driver for his documentation — driver’s license, insurance, registration — and then asked the driver to come back to the cruiser with him. The driver declined. The officer questioned the passenger, called for backup, finished issuing tickets and asked the driver if he would submit to a dog sniff.

The driver and other car occupants objected. The dog later found methamphetamine. The Supreme Court indicated that keeping the vehicle beyond the time needed to wrap up the traffic matter constituted an unlawful seizure.

In Rodriguez v. United States, (No. 13-9972), the U.S. Supreme Court Justices handed down a ruling stating that once a “routine” traffic stop is completed, law enforcement cannot, unless there is “reasonable” suspicion, hold a driver and/or passenger to have a dog sniff their persons or property for illegal drugs. The main reasoning behind the Justices’ decision was that authority for a seizure or stop ends when all tasks related to a traffic violation are, or should have been, completed.

The court said: “A seizure for a traffic violation justifies a police investigation of that violation” — no more — and “authority for the seizure…ends when tasks tied to the traffic infraction are — or reasonably should have been — completed.” Detaining a vehicle to bring in a drug-sniffing dog to search for drugs is definitely not allowed under this ruling.

The Rodriguez v. United States, (No. 13-9972) decision is a bit at odds with Illinois v. Caballes. The latter has been understood to allow a dog to sniff, if that sniff takes place during the traffic stop window of time. Under the Rodriguez decision, a sniff would be forbidden if it unnecessarily prolongs the traffic time.

In either instance, as in many others, it is the circumstances of the situation that dictate the possible outcomes. Until further lawsuits are filed, dog sniff and traffic stop law remains hazy. Something that was not dealt with in this case was whether or not there was reasonable suspicion of a further crime, which would have permitted law enforcement to detain the driver. Another issue in this cases that may warrent further examination is defining a dog sniff as a “search.”

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense lawyer or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

In order to move your agency toward being steady and financially stable, it is important to focus on one question: How many new people (potential customers) have seen and heard a full marketing presentation of your products? Make your sole focus marketing presentations, while someone else at your agency takes care of existing customers, and watch your bottom line blossom.

The only way to garner more insurance sales is to be creative, think like a buyer and offer what the customer needs, not what you want to sell. Push out of your comfort zone to do something different, radical, unexpected and see the results. Even an approach that gives you cold feet at first can surprise you if you give it a chance.

Benepath is the leading provider of exclusive health insurance leads to agents across the United States. To learn more, visit http://www.benepath.net or call 1-866-368-0377

Meanwhile, a new report from employment website Career Building shows that the long-term
care sector is likely to see job growth over the next five years. Home health care services are
expected to grow from 1.3 million jobs in 2014 to 1.7 million in 2019. The dovetails with new
Labor Department numbers showing job gains in the health care arenaLink Icon, with 408,000
jobs added in health care over the past year.

Estate Planning for Non-Traditional Families

The percentage of married households in the United States fell from 55 percent in 1990 to 48 percent in 2010. Perhaps this number will begin to rise again with same-sex marriages being honored in more and more states. About 40 percent of all marriages end in divorce. Three quarters of people who divorce remarry — accounting for a pretty large proportion of the 48 percent of American households that are married.

Nearly 1.5 million babies a year are born to unmarried women, more than a third of all births.This can complicate matters, especially when the father is not identified or, in the case of donated sperm, does not exist. It also can mean a greater need for planning when there is no obvious back-up parent if something happens to the mother.

If you are in a relationship, but not married, been married more than once, have children by more than one partner, or have beneficiaries who cannot manage funds for one reason or another, then it’s more important that you do estate planning and your planning cannot be plain vanilla.

Estate Planning Tips for Non-Traditional Families

Give Your Partner Rights. There are laws in place empowering spouses and governing the distribution of property in the event of death. The so-called “rules of intestacy” provide that property will pass to spouses and children, or to parents if someone dies without a spouse or children. But no laws protect unmarried partners or unadopted children. There have been many cases of parents pushing aside the same-sex partners of their children upon death or incapacity. We can all use wills, trusts, durable powers of attorney and health care proxies to choose who should step in for us when needed and who should receive our property.
But Don’t Give the New Spouse Too Many Rights. All too often, despite the best of intentions and good will, when parents remarry the new family doesn’t bond. The children from prior marriages or relationships don’t become friends with one another or with the new spouse of their father or mother. Frequently, the death of one spouse means that all of the assets of both families end up with the surviving spouse and ultimately pass to his or her children and grandchildren. Frank discussions about what the new couple wants and planning to make sure it plays out as planned can prevent a lot of misunderstanding and resentment. Again, wills, trusts, durable powers of attorney and health care proxies can permit the new couple to choose the outcome they prefer, rather than just let life (and death) happen and the chips fall where they may
Don’t Be Afraid to Talk Pre-Nup. While most people entering a first marriage have no children and few assets, this is not the case with a second or third marriage. Before getting married again, the couple needs to talk about what they have in mind in terms of mutual financial support of one another and of their children from prior marriages and relationships. Then they need to put their understanding in writing so that down the road there are no misunderstandings or different memories of what they agreed. If memorialized in a prenuptial agreement, it will also be legally enforceable. If circumstances change, the couple can always modify their agreement.
Use Trusts. Wills are generally straight forward and blunt instruments. When you pass away, your property passes to the people you name. Wills do not easily permit more flexible planning. For instance, you may want to permit your new spouse to live in your home for as long as he wants, but for it to ultimately pass to your children and grandchildren. A trust permits you to plan for this scenario, giving your spouse rights, but someone else — the trustee — the power to manage the property and protect it for the next generation. Or a couple could pool all of their resources in a single joint trust for their benefit during their lives, with the funds remaining after they have both passed away to be distributed equally to the children they each bring to the new relationship or marriage.
Goals First, Planning Second. No planning can take place in a vacuum or based on assumptions without asking questions. Anyone considering planning for themselves and for loved ones, whether in a traditional or non-traditional relationship, needs to start by listing her goals. Is her primary concern providing for herself? Leaving an inheritance to children? Protecting a spouse or partner? Or a pet? Making sure children are independent, but have a safety net if necessary? Of course, most of us don’t have just one goal, but we should start by writing them all down. Then we can see if it’s possible to achieve all of them, or if we need to prioritize. Ultimately, the estate plan should reflect these goals and priorities. While this is true of anyone doing estate planning, it is more important the more family and non-family bonds one has because the plan will have to balance and prioritize more interests.

The bottom line is that our laws for distribution of property and rights in the event of incapacity are based on a vision of a marriage between one woman and one man with one or more children. However standard this ever was in reality, it is much less the norm today, almost certainly applying to fewer than half of American adults. For those who don’t fit the one nuclear family mold, planning is both more important and more interesting. Don’t put it off.

The post 5 Estate Planning Tips for the Non-Traditional Family (Which Probably Means Yours) appeared first on The Elder Care Firm.

Estate Planning for Non-Traditional Families

The percentage of married households in the United States fell from 55 percent in 1990 to 48 percent in 2010. Perhaps this number will begin to rise again with same-sex marriages being honored in more and more states. About 40 percent of all marriages end in divorce. Three quarters of people who divorce remarry — accounting for a pretty large proportion of the 48 percent of American households that are married.

Nearly 1.5 million babies a year are born to unmarried women, more than a third of all births.This can complicate matters, especially when the father is not identified or, in the case of donated sperm, does not exist. It also can mean a greater need for planning when there is no obvious back-up parent if something happens to the mother.

If you are in a relationship, but not married, been married more than once, have children by more than one partner, or have beneficiaries who cannot manage funds for one reason or another, then it’s more important that you do estate planning and your planning cannot be plain vanilla.

Estate Planning Tips for Non-Traditional Families

Give Your Partner Rights. There are laws in place empowering spouses and governing the distribution of property in the event of death. The so-called “rules of intestacy” provide that property will pass to spouses and children, or to parents if someone dies without a spouse or children. But no laws protect unmarried partners or unadopted children. There have been many cases of parents pushing aside the same-sex partners of their children upon death or incapacity. We can all use wills, trusts, durable powers of attorney and health care proxies to choose who should step in for us when needed and who should receive our property.
But Don’t Give the New Spouse Too Many Rights. All too often, despite the best of intentions and good will, when parents remarry the new family doesn’t bond. The children from prior marriages or relationships don’t become friends with one another or with the new spouse of their father or mother. Frequently, the death of one spouse means that all of the assets of both families end up with the surviving spouse and ultimately pass to his or her children and grandchildren. Frank discussions about what the new couple wants and planning to make sure it plays out as planned can prevent a lot of misunderstanding and resentment. Again, wills, trusts, durable powers of attorney and health care proxies can permit the new couple to choose the outcome they prefer, rather than just let life (and death) happen and the chips fall where they may
Don’t Be Afraid to Talk Pre-Nup. While most people entering a first marriage have no children and few assets, this is not the case with a second or third marriage. Before getting married again, the couple needs to talk about what they have in mind in terms of mutual financial support of one another and of their children from prior marriages and relationships. Then they need to put their understanding in writing so that down the road there are no misunderstandings or different memories of what they agreed. If memorialized in a prenuptial agreement, it will also be legally enforceable. If circumstances change, the couple can always modify their agreement.
Use Trusts. Wills are generally straight forward and blunt instruments. When you pass away, your property passes to the people you name. Wills do not easily permit more flexible planning. For instance, you may want to permit your new spouse to live in your home for as long as he wants, but for it to ultimately pass to your children and grandchildren. A trust permits you to plan for this scenario, giving your spouse rights, but someone else — the trustee — the power to manage the property and protect it for the next generation. Or a couple could pool all of their resources in a single joint trust for their benefit during their lives, with the funds remaining after they have both passed away to be distributed equally to the children they each bring to the new relationship or marriage.
Goals First, Planning Second. No planning can take place in a vacuum or based on assumptions without asking questions. Anyone considering planning for themselves and for loved ones, whether in a traditional or non-traditional relationship, needs to start by listing her goals. Is her primary concern providing for herself? Leaving an inheritance to children? Protecting a spouse or partner? Or a pet? Making sure children are independent, but have a safety net if necessary? Of course, most of us don’t have just one goal, but we should start by writing them all down. Then we can see if it’s possible to achieve all of them, or if we need to prioritize. Ultimately, the estate plan should reflect these goals and priorities. While this is true of anyone doing estate planning, it is more important the more family and non-family bonds one has because the plan will have to balance and prioritize more interests.

The bottom line is that our laws for distribution of property and rights in the event of incapacity are based on a vision of a marriage between one woman and one man with one or more children. However standard this ever was in reality, it is much less the norm today, almost certainly applying to fewer than half of American adults. For those who don’t fit the one nuclear family mold, planning is both more important and more interesting. Don’t put it off.

The post 5 Estate Planning Tips for the Non-Traditional Family (Which Probably Means Yours) appeared first on Estate Planning Lawyers | Elder Law Attorneys | Brighton | Novi | Livonia Elder Law Attorneys.

Getting Married For The Wrong Reasons

Everybody gets married for the marriage to last and the love that they are able to experience, correct? Wrong! People get married for a whole host of reasons, many of which have nothing to do with a happily ever after. One of the leading reasons such as this is marrying for money. Marrying for money means you marry for the estate, the monetary benefits etc. and when you can get this through a divorce, why stay in the marriage?

The Disappearance Of Intimacy

One wrong step, a wrong night, and a few misplaced words of disinterest, and one of the most important aspects of a relationship can disappear in a flash. Intimacy is the glue that tends to hold a relationship together. If a spouse starts to believe the other isn’t romantically interested or sexually attracted to them, things can turn sour really quickly. Men can often want sex in order to be romantic while women can often want romance first as a precursor to sexual activity. Miscues and growing apart in the intimacy department can often led to the decline of a relationship and give way to divorce.

The Lack Of Financial Compatibility

Lack of finances is very seldom the reason for the downfall of a relationship, it is more the lack of compatibility in finances that can hurt the relationship and bring the couples to the brink of divorce. One of the leading examples is the conflict of financial interest between a spouse that’s likes to spend and other spouse that wants to save for a rainy day.

Lack Of Communication and Conflict Management

No relationship in the world can be conflict-free, yet what differentiates the long committed ones from the short endings is the level of conflict management. Couples who are unable to solve their differences and conflicts will build on their frustrations and issues until they finally explode, taking the relationship to divorce.  This building of frustrations can also stem from a lack of communication.  No doubt you know someone who is going through a divorce or is divorced but prior to the divorce filing, the couple supposedly never fought or argued over anything.  A real relationship means that people argue at least occasionally, clear the air so to speak, get their feelings and frustrations heard, and move forward.  Never arguing or expressing feelings of frustration or of unfulfilled needs to your spouse means that over time, those feelings only build up inside you and cause you to grow apart from your spouse.  Whose fault is that?  Yours, and it is not fair to your spouse that he or she never had any real idea of what you were feeling or what you needed until it was too late because your feelings of love eroded over time, like your marriage subsequently did.

Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.

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

Generally, “all income from whatever source derived” is considered gross income by the Internal Revenue Service (“IRS”).[1] However, income received as a result of a personal physical injury or a physical sickness is not considered income by the IRS.[2] However, punitive damages are considered taxable income.[3]

Origin of the Claims Test

The determining factor with respect to the treatment of litigation recoveries is the “origin of the claim” test. “The origin and character of the claim upon which an expense was incurred rather than the potential consequence upon the fortunes of the taxpayer” is the controlling test.[4] Generally, a claim for physical injuries or sickness qualifies for an exclusion.[5] Cases may arise that are a mixture of physical injury and emotional distress. The treatment of claims in that situation will depend on the origin of the underlying claim.[6] The IRS is not bound by an allocation in the release or even the court order. It is important that the parties substantiate the origin of the claim for tax purposes. Factors to be determined in determining the origin of the claim include:[7]

• Allegations in the complaint;
• The legal issues involved;
• The nature and objectives of the litigation ;
• The defense as asserted;
• The purposes for which amounts claimed as deductible were expended; and
• The background of the litigation and all facts pertaining to the case or controversy.

The burden of proof is on the recovering party to demonstrate what portion of a recovery is taxable and what is non-taxable.[8]

Physical Injury

The physical injury generally involves a touching that produces physical harm. The physical harm must be observable bodily harm.[9] Therefore, it would appear that most settlements involving sexual abuse victims are subject to taxation, because there is seldom observable bodily harm. Emotional distress is not treated as a physical injury or physical sickness.[10] However, damages for emotional distress would be excludable from income, unless they flowed from a related physical injury. However, in a Worker’s Comp claim, personal injuries are sufficient. Physical injuries are not required,[11] because they are not tort-based claims.

Derivative Claims

In certain cases, such as wrongful death cases, the proceeds paid in connection with the wrongful death claim are excluded from income, even for parties who suffer a non-physical injury because the wrongful death victim did suffer a physical injury. The derivative claims are entitled to the same income tax exclusion, because the origin of the claim is the underlying physical injury to the decedent. The survival claim is excluded from income, because of the physical injury to the decedent; however, the survival claim is included in federal and New Jersey estate tax and New Jersey inheritance tax. Disability insurance payments are taxable if the premiums for the disability insurance were paid by the employer, but are excluded from tax if the premiums were paid by the employee. Generally, payments for defamation are taxable income, unless there is a physical injury or physical sickness from which the defamation flowed.[12]

Valuation

Once the claim results in a settlement or award, the value is clear. However, as of the date of the decedent’s death, it is not certain whether there will be a recovery or, if so, how much. For taxation purposes, what is the value of the claim as of the death of the decedent? For estate tax purposes, the date of death value controls. The value of a claim as of the decedent’s death will depend, to a certain extent, on the stage at which the lawsuit was as of the date of death. An opinion of an accountant or another personal injury attorney concerning the likelihood of bringing the decedent’s suit to judgment or settlement as of the time of the decedent’s death can be persuasive.   The Tax Court has dealt with this issue.^[13] The Davis court approved certain factors to be taken into account in reducing valuation, including but not being limited to, costs of litigation, hazards of litigation, and the time delay in receiving funds. An expert report might include the basis of the claim, nature of defenses, the prospects for obtaining a judgment based on the factors in existence at the time of death, and the nature and extent of discovery.

Defamation

Under common law, defamation is a traditional tort. However, any recovery for defamation is taxable income, unless there is a physical injury or physical sickness from which the defamation flowed.[14]

Confidentiality Agreement

Confidentiality agreements may be taxable income. The issue arises out of the United States Tax Court case Avis v. Commissioner.[15] Dennis Rodman, a basketball player for the Chicago Bulls, kicked a photographer. The photographer brought suit, which settled for $200,000. The release stated that part of the consideration was that terms of the agreement and release be kept confidential. The release also contained a liquidated damage clause to the effect that if there was a material breach of the confidentiality agreement, Rodman would be entitled to $200,000. The court held that the dominant reason for the settlement was because of the plaintiff’s physical injuries, but there was a separate payment for the confidentiality clause. The court allocated $120,000 of the settlement for the physical injuries and $80,000 for the confidentiality agreement. The $80,000 allocated to the confidentiality agreement was taxable.

One solution to avoid the tax is to include reciprocal promises of confidentiality in the release without additional consideration.

[1] I.R.C. §61.

[2] I.R.C. §104.

[3] I.R.C. §104, O’Gilvie v. United States, 519 U.S.C. 79 (1996).

[4] The United States v. Gilmore, 83 S. Ct. 623 (1963).

[5] I.R.C. §104(a)(2).

[6] I.R.C. §104(a)(2).

[7] Boagni v. Commissioner, 59 T.C. 708 (1973).

[8] Sager Glove, Corp. v. Commissioner, 311 F.2d 210 (7th Cir. 1962).

[9] P.L.R. 20041022.

[10] I.R.C. §104(a)(5).

[11] I.R.C. §104(a)(1).

[12] Anderson v. Commission, T.C. Memo 2003-168 aff’d 194 Fed. App.’s 47 (9^th Cir. 2004).

[13] Davis v. CIR, TCM (CCH), 2365 (1993).

[14] Henderson v. Commissioner, T.C. Memo 2003-168, aff’d, 104 Fed. App’x. 47 (9th Cir. 2004).

[15] T.C. Memo 2003-329 (Dec. 1, 2003).

by Thomas D. Begley, Jr., CELA

Nothing is likely to have greater impact on public policy and programs for the elderly than the aging of the Baby Boomers (“Boomers”). Boomers represent 76 million persons in the United States born between 1946 and 1964 – 31% of the total population. Boomers are divided into two waves. The first wave was born between 1946 and 1954 and is currently between 61 and 69 years of age. The second wave was born between 1955 and 1964 and is currently between 51 and 60 years of age. By the year 2030, all surviving members of this generation will be between the ages of 66 and 84 and 90% will be retired by the year 2030.[1] By 2020, close to one-third of the population will be over age 55. Despite the conventional wisdom that Boomers are ready to “work forever” and significantly extend their formal working career, many of the oldest Boomers are already well into the retirement phase. Many more expect to retire upon becoming eligible for full Social Security Retirement benefits.

• Forty-five percent of 65-year old Boomers are now fully retired with another 14% reporting that they are retired but working part-time or seasonally.

• Of those who have not yet retired, 61% plan to retire when they reach 68.5 and are eligible for full Social Security Retirement.

• Forty-five percent of Boomers who retired earlier than planned cited health-related reasons for doing so. Sixteen percent cited loss of a job or job opportunities. Those who retired later than they had planned mentioned needing a salary to pay for day-to-day expenses.

• Sixty-three percent of Boomers have started receiving Social Security benefits prior to reaching full retirement age.

• Seventy percent of retirees report liking retirement “a lot.”

• Twenty-five percent of Boomers received an inheritance from their parents with an average value, before taxes, of $110,000.

As Boomers age, it is useful to study a profile of the average Boomer. MetLife performed such a study.[2] The study showed that the average 62-year old in 2007 was married to the same spouse, who was 60-years old, had 2.4 children over the age of 18 who were not living at home, has two grandchildren also not living in their home, and has no living parents. These individuals tend to have very good health, have some college education, and worked full time. They feel they have done a good job earning income, but a poor job saving for their own future, investing for their children’s future, and ensuring coverage for their long-term care costs. They are politically conservative. They have decided to take Social Security benefits earlier than the normal retirement age. A sizeable portion applies for benefits at age 62 and plan to be fully retired by age 66-years 4 months.

Changes in the global economy have caused a decline in the number of manufacturing jobs in the United States and a move toward service jobs, requiring higher level of skill and education. Fifty-six percent of Boomers will rely on Social Security for over one-half of their income and estimates are that Boomers will save only one-third of the amount required to provide them with a secure retirement at age 65.[3] Further, Boomers have high consumer debt, including education loans, and are borrowing, or will soon need to borrow, to finance their own children’s educations. The National Association of Area Agencies on Aging predicts that, “Baby boomers will have better health in their late 60s and 70s due to better personal care, more healthful work environments, and better health practices throughout their adult lives.”

The retirement of Boomers will put a tremendous stress on the Social Security and Medicare systems. Policymakers, particularly those on the right, will be tempted to reduce benefits to maintain the solvency of both the Social Security and Medicare systems. Such a change would cause serious issues for many Boomers who have retired with no pension, little retirement savings through 401ks, little equity in their homes, and high consumer debt. All of these reasons, and particularly a lack of pensions, makes Social Security even more important to Boomers who are retiring.

The General Accounting Office (GAO) found that an annual drawdown of savings at an annual rate of 4%, coupled with a delay in Social Security, was a good strategy for Boomers to employ for retirement. The longer Social Security is delayed, the higher the monthly payment. Therefore, drawing down on savings first will ultimately lead to a higher monthly check from the Social Security Administration.

There is a dramatic difference between the first wave of Boomers and the second wave. The older wave is better educated and is more likely to be married. The most important source of income for Boomers is earnings from employment, and singled boomers generally earn less than married ones. Also, 71% of first-wave Boomers own their own homes, while only 57% of those in the second wave own homes. As a result, poverty rates in 1990 were one-third higher for those in the second wave of Boomers than for those in the first wave. [4]

According to the National Association of Area Agencies on Aging, large numbers will face economic risk and deprivation, because of a history of low earnings, intermittent employment, poor education, discrimination, and an inability to adjust to changing employer requirements. The most influential variables for a Boomer’s retirement are marital status and level of education.[5]

One of the factors making retirement for many Boomers is the lack of income from pensions. Public sector employees generally receive pensions. Private sector employees generally receive benefits from defined contribution plans, such as 401ks, and 401ks tend to be much less generously funded and pay out much smaller benefits.

[1] P. Berg & A. Collins, Baby Boomers: Issues and Trends Summary Analysis Including Opportunities for the Aging Network, National Association of Area Agencies on Aging.

[2] Highlights of the MetLife Study of Boomers: Ready to Launch, MetLife Mature Market Institute, www.metlife.com (Nov. 2007).

[3] P. Berg & A. Collins, Baby Boomers: Issues and Trends Summary Analysis Including Opportunities for the Aging Network, National Association of Area Agencies on Aging.

[4] Transitioning into Retirement, The MetLife Study of Baby Boomers at 65 (April 2012).

[5] P. Berg & A. Collins, Baby Boomers: Issues and Trends Summary Analysis Including Opportunities for the Aging Network, National Association of Area Agencies on Aging.

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

Generally, “all income from whatever source derived” is considered gross income by the Internal Revenue Service (“IRS”).[1] However, income received as a result of a personal physical injury or a physical sickness is not considered income by the IRS.[2] However, punitive damages are considered taxable income.[3] The determining factor with respect to the treatment of litigation recoveries is the “origin of the claim” test. “The origin and character of the claim upon which an expense was incurred rather than the potential consequence upon the fortunes of the taxpayer” is the controlling test.[4]

The physical injury generally involves a touching that produces physical harm. The physical harm must be observable bodily harm.[5] Therefore, it would appear that most settlements involving sexual abuse victims are subject to taxation, because there is seldom observable bodily harm. Emotional distress is not treated as a physical injury or physical sickness.[6] However, damages for emotional distress would be excludable from income, if they flowed from a related physical injury. However, in a Worker’s Comp claim, personal injuries are sufficient. Physical injuries are not required,[7] because they are not tort-based claims.

In certain cases, such as wrongful death cases, the proceeds paid in connection with the wrongful death claim are excluded from income, even for parties who suffer a non-physical injury because the wrongful death victim did suffer a physical injury. The derivative claims are entitled to the same income tax exclusion. The survival claim is excluded from income, because of the physical injury to the decedent; however, the survival claim is included in federal and New Jersey estate tax and New Jersey inheritance tax. Disability insurance payments are taxable if the premiums for the disability insurance were paid by the employer, but are excluded from tax if the premiums were paid by the employee. Generally, payments for defamation are taxable income, unless there is a physical injury or physical sickness from which the defamation flowed.[8]

[1] I.R.C. §61.

[2] I.R.C. §104.

[3] I.R.C. §104, O’Gilvie v. United States, 519 U.S.C. 79 (1996).

[4] The United States v. Gilmore, 83 S. Ct. 623 (1963).

[5] P.L.R. 20041022.

[6] I.R.C. §104(a)(5).

[7] I.R.C. §104(a)(1).

[8] Anderson v. Commission, T.C. Memo 2003-168 aff’d 194 Fed. App.’s 47 (9^th Cir. 2004).

By: Giulia Frasca, Esq.
April 2, 2015 is the eighth annual World Autism Awareness Day. Organizations around the world are celebrating with fundraising events and events to raise awareness. Within the last decade, research has led to the discovery of new information regarding autism. See some of these discoveries below:

• Autism’s prevalence has soared within the last ten years. Ten years ago, autism was diagnosed in approximately 1 in 166 children. Today, it has increased more than 100% as it is prevalent in 1 out of 68 children.

• Direct screening of children indicates that autism may be more widespread than current statistics suggest.
  Autism Speaks, an organization founded ten years ago to raise awareness and funding for research into Autism studies conducted a study in South Korea where it screened children in South Korean schools. The study concluded that 1 in 38 children were affected by Autism. The majority of the children were previously undiagnosed. A similar study is currently being worked on in conjunction with the CDC in the United States.

• Early intervention makes a difference. It is now possible to have an Autism diagnosis by age 2. Early screening is important so that services can be administered. Early intervention affects underlying brain development and activity and may also reduce the need for interventions later in life.

• Behavioral therapy for autism may be essential. Behavioral issues may be present in a child diagnosed with Autism. Behavioral therapy can have significant benefits in the development of a student with Autism. Health coverage for behavioral treatments is now available in 38 states. Many families can now benefit from behavioral treatment for children diagnosed with Autism.

• One out of three persons diagnosed with Autism cannot speak. Assistive technology is necessary for one third of persons diagnosed with Autism to be able to communicate. These devices can be very expensive. Efforts are underway to help obtain insurance coverage for such necessary devices.

• It is possible for a nonverbal child diagnosed with Autism to eventually speak. Appropriate services and therapy can make it possible for a nonverbal child with Autism to speak. It is important to communicate with the school district and providers regarding the child’s needs and to obtain evaluations to determine the needs of the child.

• Many children with Autism suffer from gastrointestinal issues. Gastrointestinal issues and allergies to foods are common in children with Autism. The pain that results can exacerbate behavioral issues. It is important to understand the child’s gastrointestinal issues and make others who work with the child aware so that the issues can properly be managed, for example, following gluten- free or lactose-free diet.

• Children with Autism often have trouble sleeping. Any trouble sleeping or sleep disturbances should be discussed with the child’s doctor so that interventions can be taken. The information should then be relayed to the school if the child is school-aged so that an appropriate program can be provided, such as planning instruction in the morning if the child gets sleepy in the afternoon.

Identifying the best services for someone with special needs can be daunting. We can help you navigate the system, understand your child’s legal rights, and establish the financial foundation that will enable as much independence as possible. Our goal is to empower families with the tools they need to advocate for their loved ones—for a free and appropriate education, public benefits, and social services.

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

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When planning any type of renovation project, particularly one that is intended to upgrade flooring, try something different for a unique look. Go for unusual sizes and not standard 2 ¼ inch red oak panels usually that most builders opt for. While they use that size and product for its relative inexpensiveness, they sacrifice originality by doing so.
If the budget is not a great concern, something out of the ordinary may be a good choice. Trying a random flooring pattern can also give a room that extra pizazz.

Those interested in green options for their flooring renovations need look no further than the United States. There are numerous varieties of interesting flooring available right at home, and buying here supports the local economy. Other countries do not necessarily have renewable resource or managed reforestation programs.

For a more unique take on what to do with hardwood floors, try white oak, cherry, maple or even hickory. “Also check for what is referred to as character grades – planks with personality if you will,” adds Clearwater’s Champion Tile and Marble owner, Dean Dupre. “The flooring with character is memorable and adds a ton of personality to a home.”

For a floor with character, then do not choose select grade wood. That means it is devoid of personality and shows no markings – markings that are the character of the wood to begin with. “Flooring with personality tends to bring out the untold stories hidden in the wood’s planking. Character grades are incredibly interesting,” said Dupre. And, opt for prefinished flooring.

Prefinished flooring is a smart choice, as it avoids having to leave a home while the contractor sands down, stains and refinishes a floor. No one likes dust on their furniture and prefinished flooring may be installed in just one day and not leave behind a mess.

With that said, be wary of flooring warranties. Read the fine print on all products under consideration for a home renovation flooring upgrade. Often the warranty being offered is for floor wear-through only. The chances of a pre-finished hardwood floor wearing through are almost non-existent, as the floor would require refinishing long before it ever wore through its finish.

Dean Dupre is with Champion Tile, a Clearwater Flooring, Tampa Flooring, and tile installation company. To learn more, visit Champtile.com.

The end of life is a topic people don’t like to think about. Perhaps that’s why many people put off end of life planning until they’re older. But if Alzheimer’s disease or some other cognitive disorder arises, that planning might come too late.

More than 5 million American are living with Alzheimer’s disease, according to the Alzheimer’s Association. The disease is the sixth leading cause of death in the United States, killing an estimated 500,000 people each year. While the health effects of Alzheimer’s are well documented, the financial impact from the disease might be less apparent. Alzheimer’s disease is a costly disease, taking a financial toll on patients and their families. In 2013, caregivers provided 17.7 billion hours of unpaid care valued at more than $220 billion, according to the Alzheimer’s Association. That financial impact is even more acute without proper planning.

While the progression of Alzheimer’s disease varies from person to person, the disease leads to a steady decline in memory and the ability to think clearly. As that happens, a person becomes less capable of managing his or her own affairs, both the tasks of everyday life and the legal and financial decision making needed for estate planning.

The National Institute on Aging suggests that estate planning take place soon after the diagnosis of Alzheimer’s disease. In these early stages, a patient is still able to take part in the discussion of financial, legal, and even medical affairs. This advanced planning is not only for the benefit of the patient. It also benefits the caregivers, who won’t have to guess about the wishes and desires of their loved one.

No one wants to think about developing Alzheimer’s disease. But the prevalence of the disease means it will touch many people, whether they are patients or caregivers. Early planning can help families enter those circumstances ready and prepared. To learn more, contact us.

The post Alzheimer’s Disease Makes Early Estate Planning A Must appeared first on Estate Planning Lawyers | Elder Law Attorneys | Brighton | Novi | Livonia Elder Law Attorneys.

The Signs of Alzheimer’s

Certain signs of Alzheimer’s disease may be noticed long before the condition is ever diagnosed. Here are some things to look for in your loved one that might indicate he or she is afflicted.

• Memory loss. While some memory loss is normal as a person ages, forgetting recently-learned information is something you should be concerned with, as it is one of the most prevalent early warning signs of Alzheimer’s disease.
• Misplacing items-Those with Alzheimer’s disease may frequently misplace things, and be unable to locate them, even after much searching. They may even accuse others of stealing because they believe they have left items somewhere they haven’t.
• Difficulty completing familiar tasks that could previously be performed with ease. When this happens, family members may be unable to play games they previously enjoyed or have trouble remembering how to drive to familiar locations.
• Distorted visual images-This can result in a loved one having difficulty judging distances, which may lead to difficulty driving.
• Poor judgment, which may lead to making poor financial choices, including giving away large sums of money or falling for scams
• Withdrawal and depression that results in people being unwilling to participate in activities they previously enjoyed.
• Personality changes that typically involve someone becoming easily upset, anxious or fearful, even when in otherwise familiar settings. This change in personality is sometimes a contributing factor to social withdrawal as well.
• Changes in grooming or hygiene, as those with Alzheimer’s may forget to bathe or even be unable to dress themselves properly.
• Becoming confused as to what day of the week it is or even the month or year.
• Difficulty concentrating, which leads to ordinary tasks taking much longer than normal to complete.
• Problems communicating, which may result in them being unable to find the right word to complete a sentence. Individuals may also call things the wrong name or repeat the same stories over and over.

Determining the Severity

Nearly everyone experiences one or more of the above symptoms at least occasionally, so how do you know if these things are signs of Alzheimer’s disease or simply a normal part of aging? That will largely depend on the frequency and severity of symptoms, as those with Alzheimer’s tend to experience these signs more often. They may also interfere with daily living, making it impossible to remember important things such as doctor’s appointments or the need to take medication.

Occasionally experiencing a problem is not likely anything to worry about; however, when these signs are out of character for the person experiencing them, it could mean they are suffering from Alzheimer’s disease. As soon as you begin noticing signs, keep track of them so you can determine if they are happening more often or becoming more severe as time goes on.

Take Action Early

If you notice several of these signs in your loved one, it’s important to take action early. This disease becomes progressively worse over time, and there is currently no cure for it. Even so, early diagnosis is important, as its progression can be slowed if caught early enough. An early diagnosis will also give you and your loved one more time to plan for the future, while he or she is still capable of making decisions. If your family member is showing signs of Alzheimer’s, please visit a doctor for a complete medical examination.

After that, contact us for help planning some of life’s most important details.  In fact, contact us for our Alzheimer’s planning guide, prepared for Michigan seniors and their families affected by Alzheimer’s.

The post Know These Early Warning Signs of Alzheimers Disease appeared first on Estate Planning Lawyers | Elder Law Attorneys | Brighton | Novi | Livonia Elder Law Attorneys.

by Thomas D. Begley, Jr., CELA

Nothing is likely to have greater impact on public policy and programs for the elderly than the aging of the Baby Boomers (“Boomers”). Boomers represent 76 million persons in the United States born between 1946 and 1964 – 31% of the total population. Boomers are divided into two waves. The first wave was born between 1946 and 1954 and is currently between 61 and 69 years of age. The second wave was born between 1955 and 1964 and is currently between 51 and 60 years of age. By the year 2030, all surviving members of this generation will be between the ages of 66 and 84 and 90% will be retired by the year 2030.[1] By 2020, close to one-third of the population will be over age 55. Despite the conventional wisdom that Boomers are ready to “work forever” and significantly extend their formal working career, many of the oldest Boomers are already well into the retirement phase. Many more expect to retire upon becoming eligible for full Social Security Retirement benefits.

• Forty-five percent of 65-year old Boomers are now fully retired with another 14% reporting that they are retired but working part-time or seasonally.

• Of those who have not yet retired, 61% plan to retire when they reach 68.5 and are eligible for full Social Security Retirement.

• Forty-five percent of Boomers who retired earlier than planned cited health-related reasons for doing so. Sixteen percent cited loss of a job or job opportunities. Those who retired later than they had planned mentioned needing a salary to pay for day-to-day expenses.

• Sixty-three percent of Boomers have started receiving Social Security benefits prior to reaching full retirement age.

• Seventy percent of retirees report liking retirement “a lot.”

• Twenty-five percent of Boomers received an inheritance from their parents with an average value, before taxes, of $110,000.

The General Accounting Office (GAO) found that an annual drawdown of savings at an annual rate of 4%, coupled with a delay in Social Security, was a good strategy for Boomers to employ for retirement. The longer Social Security is delayed, the higher the monthly payment. Therefore, drawing down on savings first will ultimately lead to a higher monthly check from the Social Security Administration.

[1] P. Berg & A. Collins, Baby Boomers: Issues and Trends Summary Analysis Including Opportunities for the Aging Network, National Association of Area Agencies on Aging.