The divorced parties in the case, Kristina Lynn B. v. Joseph T.M., were parents of 10- and 12-year-old boys. In 2012, the mother withdrew her older son from a public school and sent him to a private school called the Christian Brothers Academy. The boy had emotional difficulties and had been subject to bullying at his school. The mother sought increased support for the higher tuition at the private school.

The mother admitted that she and the father had made an oral agreement that she would pay the full cost of tuition. However, Judge Duggan upheld a Support Magistrate’s earlier ruling by holding that the oral agreement did not absolve the father of responsibility for sharing in the tuition cost and in fact helped the mother’s claim.

The father had consented to the boy transferring to the private school. The Court held that this amounted to an admission that the academy was the best option for his son’s education. Judge Duggan wrote, “The interpretation of an oral contract between the parties or imposing equitable relief is beyond this Court’s authority.”

The judge also wrote that an oral agreement after the first year could be unenforceable because the state’s statute of frauds would require any such agreement to be in writing.

The Support Magistrate found that the case for the boy’s attendance at the private school was compelling. He was diagnosed with a hearing disability in 2009 and since then had been suffering from emotional problems including depression, requiring medication of increasingly higher dosages. The Magistrate found that since transferring to the private academy, the boy’s emotional health has improved significantly, allowing his medication to be decreased. Judge Duggan also noted the father’s financial situation – his income had risen 41 percent since the divorce. Furthermore, the cost of tuition at the private school was found to be in line with comparable institutions in the area.

This case demonstrates that oral agreements should not be relied upon in any legal matter including those involving family law. Any child support agreement should be written – preferably by an experienced family law attorney – and should be ratified by the court. The temptation to keep things simple and save a few dollars is strong, but as in this case, such efforts are all too likely to backfire.

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

The records detail allegations of sexual abuse by volunteers within the organization and are officially known as the Ineligible Volunteer Files, but are commonly referred to among Boy Scout leaders as the “perversion files.”

“These files and the allegations of abuse that they contain are truly disturbing,” said Zephyrhills personal injury lawyer Robert Alston in a statement. “Boy Scout volunteers are entrusted with the safety of millions of young boys.”

The files were submitted as evidence in a 2010 lawsuit in Oregon in which sexual abuse was alleged. The Oregon Supreme Court ruled that the documents must be made public under the state’s open records law. In that lawsuit, six former Boy Scouts alleged that a scout leader had sexually abused them in the 1980s. The BSA lost that case, and the plaintiffs were awarded damages of nearly $20 million. The records amount to approximately 14,500 pages and include information on approximately 5,000 people, mostly men, who were asked to leave the BSA under suspicion of sexual molestation. The cases date back to the late 1940s.

The Los Angeles Times recently ran a series of stories describing how the BSA has for decades dealt with complaints of sexual abuse with the utmost secrecy. Piecing together evidence from court cases across the nation—prior to the release of the Oregon files—the newspaper reported on alleged sexual abuse dating back to the 1960s. Many of these incidents were apparently not reported to the police. Adult volunteers accused of sexual abuse against scouts were often compelled to resign from their positions with cover stories of being too busy to handle their responsibilities, according to the Times.

In 2010, the BSA adopted a policy requiring local leaders to report all allegations of sexual abuse to the police. Prior to that policy change, higher-ups within the organization would often handle the situations internally and quietly. In a statement coinciding with the public release of the Oregon files, Wayne Perry, the president of Boy Scouts of America, offered his “deepest and sincere apologies” for any harm inflicted on children by members of the organization.

To contact a Zephyrhills accident attorney, Zephyrhills social security lawyer, or Zephyrhills divorce lawyer, visit http://www.alstonbakerlaw.com.

Just as with a primary residence, a vacation home may represent either a significant asset or a liability depending on whether the couple has positive or negative equity in the home. The value of vacation homes nationwide continues to fall. According to the National Association of Realtors, the median selling price of vacation homes fell 19 percent from 2010 to 2011. However, a couple who bought a vacation home 20 years ago, or who was lucky enough to buy in an area that has seen a relatively stable housing market, may very well have a good deal of equity in the property.

Primary residences have a capital gains tax exclusion for federal income taxes. Couples filing jointly who sell their primary residence at a profit are not taxed on the first $500,000 in capital gains from the sale. However, second homes do not have this special tax break; all capital gains from the sale of vacation homes is taxable. The real financial value of the property may therefore be significantly less than the apparent equity, and that will affect the overall division of assets in a divorce.

For less fortunate couples, the division of a home in which they have negative equity is especially thorny. Selling and refinancing are more difficult, and the party who ends up with the home, which may in fact still be declining in value, may be further disadvantaged in the future.

Most countries throughout the world have legal systems fairly similar to that of the United States. However, some couples own vacation homes in exotic countries with very different practices, particularly when one party immigrates to the United States and maintains assets back home. A divorce decree from a United States court may be unenforceable in a country such as China or Taiwan, meaning the property located there could simply remain with the original owner instead of being divided equally.

Although constructive problem-solving may not be a strong suit for divorcing couples, the complexity of the issues accompanying divorce, and particularly second homes, makes compromise especially important.

Marcie Baker is with Alston & Baker, PA. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

The U.S. Social Security Administration (SSA) evaluates an individual’s claim for disability benefits; the system will soon use electronic medical records to reduce the decision time from 100 days or more to as little as 48 hours. Researchers at Wright State have dubbed their health information exchange “HealthLink.” They developed it under a $750,000 contract with the SSA. The agency awarded a total of $17.4 million in contracts to 15 health care companies for electronic medical records as part of the American Recovery and Reinvestment Act.

“The use of Health IT will dramatically improve the speed, accuracy and efficiency of this process, reducing the cost of making a disability decision for both the medical community and the American taxpayer,” said SSA commissioner Michael J. Astrue.

HealthLink launched as a pilot program in December, 2011, with 500 doctors. During the trial, which lasted nine months, HealthLink averaged one Social Security eligibility determination per doctor per month without incident.

The SSA’s Health IT program is an effort to bring greater speed and power to the agency’s disability eligibility determination process by harnessing the potential of electronic medical records. The records are sent through the Nationwide Health Information Network.

Each year, the SSA receives over 3 million disability claims. To determine eligibility, it requests over 15 million medical records from about one half million health care providers. Currently, the vast majority of those records are transmitted by mail or fax. Electronic records provide huge savings not just in time, but also in the labor and supplies associated with the tasks of printing, copying and mailing records.

Just as with paper medical records, the release of electronic medical records requires patient authorization. HealthLink developers said that they have implemented comprehensive security protocols regarding worker access, physical security, and data transmission. The computer hardware that runs HealthLink is located in HIPAA-certified facilities on campus at Wright State.

HealthLink developers say that the system generates revenue and is commercially viable. They have seen interest in creating an independent commercial entity based on the system. HealthLink is available to doctors who use the Internet-based medical records system known as athenaClinicals, and Wright State is seeking additional users of the system to expand HealthLink’s network. The research institute also plans to support competing records system EpicCare.

The creators of Health Link say they hope to be a leader in the nascent industry of electronic medical records.

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

Collaborative divorce focuses on resolving disputes outside the courtroom, the open exchange of pertinent financial information, and the importance of common goals between the parties. This stands in stark contrast to the litigation-based method of divorce, in which the parties are often assumed to be completely adversarial and self-interested, with every reason to assign blame and be secretive.

Each party in a collaborative divorce hires a collaboratively trained attorney and agrees to make every effort to resolve personal and financial disputes without a judge’s order. A neutral facilitator, often a mental health professional, but sometimes a trained mediator, is hired. The facilitator’s job is to keep discussions focused on conflict resolution and common goals rather than past transgressions and opposing interests. If the parties have children, the facilitator plays an important role in keeping both parents focused on the needs of the children, helping them develop co-parenting skills, and fostering cooperation on issues of custody and visitation.

In most cases, the parties will hire one or more financial professionals such as accountants, financial advisors, or estate planners to assist in the divorce process. The extent of the services required depends on the scale and complexity of the assets and liabilities the couple shares. These advisors, like the overall facilitator, are neutral, and promote open exchange of information. They may be tasked with: formulating creative solutions to division of assets and debt; creating a method and schedule of child and spousal support that is agreeable to both parties; and assisting with estate planning.

Because the collaborative model emphasizes cooperation and disclosure, the process often results in a settlement that is faster, less expensive, and less emotionally taxing than a traditional litigious divorce.

One key aspect of collaborative divorce, which Judge Menendez included in his order, is that the parties and their attorneys must formally agree that if they are unable to reach an agreement and decide to go to court, the collaborative attorneys must withdraw and can no longer represent the parties. This creates a significant incentive to see the process through and keep the divorce out of court.

This official endorsement and the accompanying guidelines will help make collaborative divorce a viable option for local couples.

Marcie Baker is with Alston & Baker, PA. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

It is highly unusual for such a large number people to die in auto accidents in such a short period of time. The numerous crashes occurred in the early morning when a mixture of smoke from wildfires and fog gathered in the area and decreased driver visibility in an area of roadway that also was unlit. A highway patrol officer suggested the road be kept closed due to the unusual conditions, but allegedly, someone higher up in his chain of command decided to keep the roadways open. Six separate fatal crashes in the area, involving six tractor trailers, a motor home, a van and a number of cars. Eighteen people were hospitalized in addition to those that died.

The Florida Highway Patrol later stated that the crashes were unavoidable, while a report from April developed by the Florida Department of Law Enforcement reports that errors made in decision-making by the Florida Highway Patrol contributed to the deadly accidents. The Department of Law Enforcement said there were not enough signs available to provide motorists with much-needed information about the lack of visibility and danger. The Florida Highway Patrol countered that it is the responsibility of the Department of Transportation to provide proper signage. The highway patrol also stated that some motorists did not reduce their speed, even though they were driving into low-visibility conditions, which contributed to the number of accidents. Separate analysis of different reports conducted by the local newspaper did identify alcohol use in two accidents, but there were no injuries or deaths associated with them.

Of course, it isn’t surprising that no state agency wants to accept the blame. The accidents in January caused a tremendous loss of life, which, at this juncture, appear to have been avoidable. The lives lost caused incalculable anguish on the part of family members who lost loved ones. While lawsuits have been filed, it could be many years for the survivors and their relatives to be handed judgment and resolve the suits.

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

A divorce attorney’s role can be more than just handling the legal issues, though they are of utmost importance. A divorce attorney can also fill the mediation role, holding a neutral and civil space to encourage and nurture studied communication and mature responsiveness. In situations where there are unprocessed emotions over legitimate or imagined grievances, the presence of a third party, such as a divorce lawyer or even respected family member, can go a long way to keeping communication and interaction relatively stress free.

Although the back and forth aspects of deciding child support amounts and ensuing details may seem all-consuming, mediation support and organization in the hashing out process can bring to the table some semblance of working system. Although there is a normal amount of sadness, stress and grief associated with processing a divorce, striking a child custody and child support arrangement, many divorced adults later report that the process allowed them to learn some things about themselves and how they manage a stressful situation which later proved useful as they navigated the remainder of their adult lives. While it may seem like one of the most stressful period and event in one’s adult life, leaving an unhappy marriage can also be freeing in terms of the personal changes one experiences.

For example, there may be a temptation to block child visitation if the former spouse does not pay child support on time. Blocking visitations, however, is using the time with the child as a sort of bargaining chip; children need to be respected and cared for by their parents, with any adult disagreements worked out separately. If one’s former spouse is laid off or underemployed through no fault of his or her own, child support may be difficult or impossible to muster for some period. In situations like this, it may be tempting to take this lack of child support as a personal insult and then respond with anger or retaliate, which only makes worse an already stressful situation. Blocking visitation may also result in legal action and is not generally suggested by legal counsel.

If you are experiencing issues regarding the lack of timely child support payments, work with an experienced child custody lawyer to see what steps are available to you.

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

In fact, the Adverse Childhood Experiences study followed thousands of individuals in order to identify a relationship between childhood events, such as divorce or death of a parent and various stressors like abuse, neglect and health problems, and the effects they may have on adults in obesity, depression, alcoholism and related situations. More than 17,000 HMO members provided detailed information about their childhood experiences for the study. So far, 50 scientific papers and over 100 workshop and conference presentations have been made.

According to a 2009 report by the U.S. Census Bureau, there were 13.7 million single parents in the United States. Over 80 percent of custodial parents are mothers, and most of them are gainfully employed. Of course, this means many children probably don’t see either parent that much during the day because they are in school. Not interacting with either parent except for the moments between school and work could leave a child feeling consistently lonely and confused.

Electronic communication can help fill the void children feel when they are not able to be physically near one or both of their parents. Skype, texting, Facebook and Twitter are just some of the technologies available today that divorced families can use to maintain consistent communication. The benefit of video technology cannot be overstated; how can the significant experience of imprinting take place without being able to see a parent’s face? Children should be encouraged and allowed to communicate with either parent often and in as many ways as possible.

Given the current economic struggles for so many, it is not at all uncommon for single parents with children to move away in order to secure employment. This kind of upheaval can be further destabilizing for a child. In these cases, virtual visitation is a potential filler. It shouldn’t be used as a substitute for real interaction, but in the event there is distance between family members, using online communication can help provide families with a sense of togetherness and maintain bonds between parents and children.

However, this does not mean that parents should discuss any divorce or parenting issues on social networking pages. “I always remind my clients not to put anything out in the public domain that they would not want a judge to hear and consider,” said Zephyrhills divorce lawyer Marcie Baker.

Marcie Baker is with Alston & Baker, PA. To contact a Zephyrhills family lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

Injuries sustained in accidents like this can be deceptive. What first seemed to be a superficial cut or bump may progress into internal pains or symptoms like dizziness or a loss of balance. If such problems emerge later, it is very important that they are documented correctly at the time of the accident because, if they are not, there may not be a sound basis for pursuing a legal case.

In this particular instance, the driver who caused the truck to veer off the road to avoid a rear-end collision was at fault. She was charged with impeding the flow of traffic, failure to display registration and failure to provide proof of insurance. The official documentation of these charges and the police investigation is what allows a case to be made and prosecuted.

Similarly, if someone is injured in such an accident, all of the medical details must be documented properly, so the victims can bring a case to court if there is good reason. Victims of personal injury sometimes don’t know the full extent of their injuries until after the accident. Soft tissue injuries, vascular injuries and even traumatic brain injuries may not appear immediately, and yet their diagnosis and documentation is key information in a personal injury case.

And in an accident like this one where children are involved, the consequences of an injury are greater. Children’s bodies and minds are growing at a continuous rate, and untreated medical injuries could interfere with their physical, mental and social development. Having a competent Florida personal injury attorney can help cover the finances required to care for victims of auto accidents.

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

The study, “More Than Just Data: Motor Vehicle Records as Lifestyle Indicators for Life Insurers,” was completed by RGA Reinsurance Company and LexisNexis Risk Solutions. Researchers found that there was a significant correlation between drivers who received citations for serious moving violations and the likelihood that the person would suffer a non-vehicle-related death.

Researchers conducted an analysis of over 7.4 motor vehicle record (MVR) requests and found that the data set is a good predictor of a person’s likelihood of dying in general, not just in an automobile accident. Drivers with major violations, such as excessive speeding or alcohol-related infractions, had a 70 percent higher all-cause mortality rate than drivers who did not have such violations. The study found that having six or more violations on an MVR increased a person’s mortality rate by 80 percent.

The trends apply to different genders and age groups as well. While women generally have lower rates of violations, the connection between major violations and all-cause mortality is greater for women than for men. For women with major driving violations, the mortality rate is 100 percent greater than women with clean driving records; for men, the number is 61 percent.

The number of driving violations of any kind is itself a strong predictor of mortality, according to the researchers. The greater number of violations on a driver’s MVR, the higher the mortality rate. Drivers with two to five violations had a mortality rate 24 percent higher, while individuals with six or greater had a 79 percent higher rate.

The worst risk is represented by drivers with a high number of major driving violations. One major violation increases the all-cause mortality rate by 51 percent, while four or greater brings the rate to more than twice that of drivers who did not have major violations.

Explaining the results, Elliott C. Wallace of LexisNexis was quoted in the New York Times as saying that people with a great number of major driving violations are “probably engaging in other high-risk lifestyle activities that lead to death at a higher rate than the average person. If you live a very risky lifestyle, you are going to die sooner.”

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

Under Florida law, a family law court may order one spouse – usually the husband – to pay alimony for the rest of his life, or until his ex-spouse dies or remarries. In addition, if the ex-wife makes a justified request for more alimony, and the ex-husband’s expenses have been lowered with help from the income of a new spouse, a judge may order that the alimony be increased. Some want to change that.

Debbie Leff Israel, a Broward College mathematics professor and one of the founders of the Florida Second Wives Club, says that she wants to get married, but she does not want her income to go to support her husband’s ex-wife. Israel’s fiancé has been ordered to pay permanent alimony, even into retirement.

Israel joined Florida Alimony Reform, a group made up mostly of men paying lifetime alimony. She says she wants to raise awareness of how permanent alimony negatively affects both men and women. The organization lobbied for a bill to put a stop to permanent alimony during the last state legislative session, and plans for one next year as well.

Not everyone agrees with Florida Alimony Reform’s goal of eliminating permanent alimony. In an article published on floridavoices.com, David L. Manz, Chair of the Family Law section of the Florida Bar, called the organization a “special interest group,” and applauded the legislature for “[facing] down a threat.” Manz said that the Family Law section, representing 4,000 Florida family law attorneys, opposed the group’s efforts as too broad. He said that the Family Law section had worked with the legislature to enact sensible, balanced reforms.

Some of those changes took effect last summer. Now, when a court awards permanent alimony, the judge must make a finding that no other type of alimony would be “fair and reasonable under the circumstances of the parties.” In addition, for permanent alimony to be awarded after a marriage of “moderate” length – defined as longer than seven years but shorter than 17 years – there must be “clear and convincing evidence” that it is appropriate. Finally, permanent alimony cannot result in the payor having “significantly less net income than the net income of the recipient,” unless there are exceptional circumstances.

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

With the unemployment rate dropping, many Floridians are starting to regain some home buying power. Even through the recession, people were meeting, falling in love, and entering into marriages. While marriage brings two people together as one, it also could bring a questionable credit history to the mortgage application. Married couples should think twice before omitting the credit-challenged spouse from their mortgage.

Even with new gainful employment, formerly unemployed individuals may have left over blemishes on their credit from their job-seeking days. Late payments, disconnected cell phones, late car payments and student loans, all can make the spouse a higher risk when shopping for a mortgage. Often, the spouse with good credit will simply sign the mortgage without their financially bruised partner, in an effort to secure a lower interest rate. The couple owns the home together and the good-credit-spouse assumes all of the risk.

If the marriage lasts longer than the mortgage, this is a perfect solution. If the marriage is not as sturdy as the foundation of its newly purchased home, the mortgage signing spouse could face serious financial damages.

Florida is an equitable state wherein both spouses equally own their assets. In the event of a divorce, the assets are equitably divided between the two parties. While the mortgage may be in one person’s name, the tax bill (or deed) is in both partner’s names, thus belonging to both parties. If a divorce is disputed or gets complicated, the non-signing spouse may decide to stop contributing to the mortgage. If both incomes are needed to cover the payments, the house could go into foreclosure, as a result of the divorce.

If the spouse that guaranteed the mortgage wishes to continue to reside in the house after the dissolution of their marriage, they may have to buy out the other spouse. In this case, the new sole home owner could incur more liabilities and possibly crippling debt.

While the interest rate may be higher with a spouse that has an unimpressive credit score, it may be wiser to pay a high rate but have two spouses making payments, so that both parties are sharing the liability and the risk. In several years, when both couples have stronger credit profiles, the mortgage could be refinanced at a lower rate.

Most married couples are committed to making their relationship work. However, before purchasing a house with just one signature one should ask, “what if I don’t have a 30 year marriage?”

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

The lives of children are saved every year by child safety seats. There were almost 9,000 confirmed instances when a child’s life was saved because he or she was properly secured in a seat made for their body size between 1975 and 2008. Those statistics come from the National Highway Traffic Safety Administration.

Laws mandating that children ride only when secured in a safety seat have not proven to be enough. NHTSA studies have shown that as many as three out of every four children are not as secure as they should be in the car because their seats are not the right size or they are not being used correctly.

The NHTSA has launched its new campaign to help parents and caregivers get children correctly strapped in to the right sized seat. This includes rear-facing seats, booster seats forward-facing seats and even seat belts.

“The Right Seat” campaign is a series of public service announcements and billboards, along with a new website helping show parents how to choose the right seat for their child and properly strap them into that seat.

The television and radio commercials have been recoded in English and in Spanish.

The new website has resources and tools for helping caregivers and parents keep children safe in and around cars.

Motor vehicle crashes are the No. 1 threat to the life of a child. It is the leading cause of death for children between one and 12 years old, according to the Department of Transportation. More than 4,000 children under 12 were killed in car crashes in the United States between 2006 and 2010. More than a half million children were injured in that same time frame, according to DOT data. The campaign to help get children in the right sized car seat is aimed at this at-risk group.

The NHTSA has been putting together advertising campaigns with the Ad Council for more than 25 years. In that time campaigns have been targeted at specific stages of child safety seats like booster seats or the LATCH system. This is the first campaign to address getting children in the correct seat.

“Safety is our top priority for everyone on our roadways, and we’re calling on parents to do everything they can to protect our most vulnerable passengers,” said Department of Transportation Secretary LaHood. “The new public service announcement and website will help parents understand the differences in child safety seats, make sure they choose the right seat for their child, and properly secure them every time they get behind the wheel.”

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

The new conditions were introduced in December as part of an ongoing effort to innovate and streamline the agency’s work, according to Social Security Commissioner Michael J. Astrue.

The conditions that were added to the list mostly are immune system, mental and neurological disorders, according to a press release from the agency. They include the following:

• Malignant Multiple Sclerosis

• ALS or Parkinsonism Dementia Complex

• Pulmonary Kaposi Sarcoma

• Angelman Syndrome

• Paraneoplastic Pemphigus

• Multicentric Castleman Disease

• Progressive Supranuclear Palsy

• Lewy Body Dementia

• Primary Effusion Lymphoma

• Corticobasal Degeneration

• Lowe Syndrome

• Primary Central Nervous System Lymphoma

• Multiple System Atrophy

The SSA’s Compassionate Allowances program spots conditions that always meet the standard of disability for the purpose of Social Security Disability Insurance. This way, once an individual is diagnosed with the specific condition, their case can be moved more quickly through the system.

“We need to keep innovating and making our work more efficient,” Astrue said in a press release. “With our Compassionate Allowances program, we quickly approved disability benefits for more than 60,000 people with severe disabilities in the past fiscal year. We have made significant improvements, but we can always do more.”

The Compassionate Allowances program began in 2008 with only 50 conditions. The original list included cancers, rare genetic disorders, adult brain disorders and early-onset Alzheimer’s disease. With the addition of 13 in December, the program now lists 113 conditions that can be moved through the agency with less stress for the individual, according to the release.

New technologies made available to the agency allow for faster identification of individuals with Compassionate Allowances so that quick decisions can be made.

The agency is committed to the relatively young program as an efficient upgrade of protocol. In the fall, the Social Security Administration launched a grant program available to graduate students to help the agency improve its list. The agency already awarded a grant worth $1.5 million over the course of five years to a group called Policy Research Inc.

The Disability Determination Process Small Grant Program is designed to improve the disability process. The program is actively looking for graduate students to apply for grant stipends for relevant research that is innovative in the field of disabilities.

The agency also recently upgraded the disability application online for individuals with conditions on the Compassionate Allowances list.

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills Social Security Disability Insurance attorney or Zephyrhills Social Security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

The Work Incentives Simplification Pilot is a legislative proposal being considered by Congress that could replace well-intentioned but complicated laws meant to incentivize disability beneficiaries to return to work. The work incentives proved too burdensome for an agency already fighting funding cuts.

Carolyn Colvin, deputy administrator for the Social Security Administration spoke to the U.S. House Ways and Means’ Subcommittee on Social Security in late January.

She explained that the new legislation could kill regulations like trial work periods and the extended period of eligibility that are overcomplicating the work of the administration.

The law now says people on Supplemental Security Income, or SSI, are on a sliding scale as they return to work. So, for every $2 an SSI beneficiary earns, $1 is removed from their SSI benefit, she said. Improper SSI payments happen when beneficiaries fail to notify the administration of new work, new assets or a raise or reduction in salary.

Each beneficiary is a different case with a different employer and a different income. Each case has to be individually handled, which often means contact with the employer. Most cases are complicated and require small bits of work and starting and stopping until enough information is gathered to make a decision, she said.

This type of work takes considerable expertise and training and the administration simply does not have the resources to do it well, she said.

There also are plenty of crossover beneficiaries who qualify for SSI and Social Security Disability Insurance ¨C as many as 30 percent of SSI recipients also get SSDI between 18- and 64-years-old. Because the two programs are guided by two sets of rules, the labor for the Social Security Administration is overly burdensome, she said.

Officials hope the new WISP plan will address a disincentive to work by eliminating a beneficiary’s fear that if they get a job, they will lose their benefits.

The work incentive policies are difficult for beneficiaries to understand and for the administration to oversee, Colvin told the subcommittee.

The goal of WISP is to test some simplified work rules that would still be subject to tight evaluation. Officials hope the WISP will encourage people to work while reducing administrative costs, she said.

WISP also would count beneficiaries’ earnings when they are paid instead of when they are earned so that SSDI and SSI rules would be better aligned.

A qualified attorney can represent clients in Social Security cases to help make sure they fully explain their case.

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

In a recent speech to the U.S. House Ways and Means Subcommittee on Social Security, Carolyn Colvin, deputy administrator for the SSA, explained that funding shortages are forcing tough decisions to be made. The administration is trying to streamline income reporting to cut back on how long it takes to catch overpayments for Social Security Disability Insurance and the Supplemental Security Income programs.

When the Social Security Administration waits for beneficiaries to report changes in their income, it can take too long and invites problems, Colvin said.

“By requiring plan administrators to provide payment information to us promptly, this proposal would improve the integrity of the [workers’ compensation] and [public disability benefit] reporting process, improve the accuracy of SSDI benefits and SSI payments, and lessen our reliance on the beneficiary to report this information,” she said.

The agency considers the goal of curbing improper payments to be key in the Social Security Administration’s strategic plan to “Preserve the Public’s Trust in Our Programs,” she told the subcommittee.

Funding issues are forcing the administration to do fewer continuing disability reviews and significantly fewer SSI redeterminations. The agency does SSI redeterminations on the nonmedical factors that make a beneficiary eligible for SSI. Since the agency has cut back on the number of reviews and redeterminations, it has needed to rely more on the strategic use of the processes and staff, she told the lawmakers.

By asking private insurers and state and local agencies to report income to the SSA, the reporting can trigger some reviews and increase the agency’s efficiency. In the past two years, the agency’s work to continue disability reviews has paid off. In about a third of the work, CDRs found that a disability had ceased and suspended benefits.

SSI redeterminations are up since 2007 after falling the five years before that. The numbers are up because funding increased for program integrity, she said. The increased funding has enabled the agency to improve SSI overpayment accuracy rates by almost four percent in three years.

Colvin asked members of the subcommittee to push for provisions in the President’s budget that would require employers to report wages quarterly. The more frequent the reporting, the easier it is for the agency to accurately distribute benefits, she said.

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

Injuries and recalls of dangerous toys are down for a number of reasons. New safeguards have limited the use of lead, third-party testing has highlighted problematic toys and the Department of Homeland Security is helping to track shipments leading to more toy seizures. The agency also set tight limits on the use of some phthalates and cadmium.
Toy recalls were down sharply in FY 2011. Only 34 toys were recalled last year – down from 46 in 2010, 50 in 2009 and 172 in 2008, according to a CPSC release.

Toys with small parts, balls and balloons continue to be the most problematic, according to CPSC chairwoman Inez Tenenbaum. Toys that are inappropriate for certain age groups can be deadly. There are about 15 toy-related fatalities every year and half of those are attributed to choking on balls and balloons.

“Strong toy standards support the production of safer toys in the marketplace,” Tenenbaum said. “Parents and toy shoppers also always need to be vigilant by choosing age-appropriate toys and keeping small parts, balls, and balloons out of the hands of young children.”

Deflated balloons should always be discarded immediately. Toys with small parts can be a dangerous choking hazard and should be kept away from children under 3.

Children under 6 years old should be kept away from magnets, which if swallowed can be potentially harmful and possibly fatal, according to the CPSC.

More than 180,000 children under 15-years-old went to the emergency room in 2010 because of toy-related injuries. More than any other toy, non-motorized scooters sent more kids to the ER with lacerations and broken bones, according to the CPSC press release.

Riding toys including scooters, skateboards and in-line skates should be used only with appropriate safety gear like helmets and knee pads. Safety gear should be fitted properly by an adult.

Even though the main gift-giving month is over, the CPSC advises diligence from parents as toys are exchanged or bought with gift cards received during the holidays. Now that parents have a house full of toys, it is important for parents of children of different ages to keep toys separated from younger siblings that can be hurt by them.

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

The Social Security Administration is commissioning a review of the entire disability system to make sure it is not awarding benefits to those who do not deserve it and to make sure the agency is not denying benefits to those who do deserve them.

The SSA will review the work of about 1,500 disability appeals judges across the country whose rates vary significantly from the norm. Some judges award benefits less than 20 percent of the time while others award benefits almost 100 percent of the time, according to a story in the Wall Street Journal.

The Administration has already decided to stop notifying applicants who their judge will be in their appeal to discourage shopping an appeal to a more lenient judge.

The Administrative Conference of the United States will take on the review. The independent government study organization hopes to make recommendations for updating the appeals process in 2012.

The Social Security Disability Insurance program provides financial assistance to Americans who cannot work. The Wall Street Journal reported that the program paid $130 billion in 2011 to 10.6 million people.

If a case comes before a federal Social Security judge, it has already been denied twice at the state level. There is a tremendous backlog of cases at the federal level.

In September of 2011, there were more than 771,000 people waiting for their appeal to be heard. The SSA has been working to address the backlog issues and it has cut down on the number of people who die while they wait for their appeal to be judged, according to the WSJ.

The hearings usually last about an hour. Some critics have said judges pushing cases through much more quickly than that are cutting corners and not doing thorough reviews. The conference plans to factor how much time judges look at cases into its review.

The SSA’s commissioner told Congress in the summer of 2011 that judges awarding disability benefits more than 85 percent of the time cost the agency another $1 billion a year. The Wall Street Journal reports that there are more than 100 judges whose award percentages are that high.

Overall, the federal court system is finding errors or overturning about half of the decisions made by Social Security judges. The independent study will review how the federal courts are looking at the cases to make sure it is interpreting the SSA’s rules consistently, according to the WSJ. A qualified Social Security Disability attorney can help clients file appeals with the agency.

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills Social Security Disability attorney, Zephyrhills divorce lawyer, or Zephyrhills personal injury lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

The Social Security Administration is commissioning a review of the entire disability system to make sure it is not awarding benefits to those who do not deserve it and to make sure the agency is not denying benefits to those who do deserve them.

The SSA will review the work of about 1,500 disability appeals judges across the country whose rates vary significantly from the norm. Some judges award benefits less than 20 percent of the time while others award benefits almost 100 percent of the time, according to a story in the Wall Street Journal.

The Administration has already decided to stop notifying applicants who their judge will be in their appeal to discourage shopping an appeal to a more lenient judge.

The Administrative Conference of the United States will take on the review. The independent government study organization hopes to make recommendations for updating the appeals process in 2012.

The Social Security Disability Insurance program provides financial assistance to Americans who cannot work. The Wall Street Journal reported that the program paid $130 billion in 2011 to 10.6 million people.

If a case comes before a federal Social Security judge, it has already been denied twice at the state level. There is a tremendous backlog of cases at the federal level.

In September of 2011, there were more than 771,000 people waiting for their appeal to be heard. The SSA has been working to address the backlog issues and it has cut down on the number of people who die while they wait for their appeal to be judged, according to the WSJ.

The hearings usually last about an hour. Some critics have said judges pushing cases through much more quickly than that are cutting corners and not doing thorough reviews. The conference plans to factor how much time judges look at cases into its review.

The SSA’s commissioner told Congress in the summer of 2011 that judges awarding disability benefits more than 85 percent of the time cost the agency another $1 billion a year. The Wall Street Journal reports that there are more than 100 judges whose award percentages are that high.

Overall, the federal court system is finding errors or overturning about half of the decisions made by Social Security judges. The independent study will review how the federal courts are looking at the cases to make sure it is interpreting the SSA’s rules consistently, according to the WSJ. A qualified Social Security Disability attorney can help clients file appeals with the agency.

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills Social Security Disability attorney, Zephyrhills divorce lawyer, or Zephyrhills personal injury lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

The case resolved whether lawsuits from before the caps were put in place by the Florida Legislature in 2003 would be held to the same restrictions. The court held that since the injury happened before the caps law began, the awards should be left uncapped. The lawsuit was filed after the caps law went into effect.

The attorney for the plaintiff in the case was encouraged that the verdict struck a blow to caps on damages. “This is very positive for throwing out the caps completely,” Stephen Malrove told the South Florida Sun Sentinel.

The lawsuit was filed two years after the victim, Harvey Raphael, died when the doctor did not give him anti-clotting medication in the hospital after a heart attack in 2003. The doctor’s lawyers had hoped that since the law was in effect when the suit was filed, the pain and suffering damages would be capped.

The Florida law capping damages limits victims to $500,000 a person or $1 million total. The Florida Supreme Court is expected to hear oral arguments in February on a case that directly challenges the law.

No Florida appellate court has ever taken a case that challenges the law, but the appeals court did recently send a case to the Florida Supreme Court to review for constitutionality. That case concerns a mother who died in 2005 after the delivery of a child because of extreme blood loss due to poor medical treatment, according to the Florida Justice Association.

Groups like the Florida Justice Association have opposed the caps put in place by the Legislature saying that they are unconstitutional and violate the Florida Constitution’s provisions of equal protection under the law, a trial by jury and separation of powers.

And after eight years, the Supreme Court is now scheduled to hear oral arguments in a case that could declare caps on pain and suffering damages to be unconstitutional and overturn the law.

In the Raphael case, the jury award of $10.3 million is still in litigation because the doctor only had a $1 million insurance policy, according to the Sun Sentinel.

Malrove told the paper he would pursue the doctor’s insurer for the full amount claiming that they should have settled the claim before the case even went to trial.

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

Florida military divorces differ from civilian marriage break-ups in a few key ways as outlined below.

1. The Service Members Civil Relief Act protects service members so they can perform their duties in full without the concerns that arise during a divorce. Therefore, active military may delay a divorce until they return from being stationed overseas. Laws protect active military personnel from being held in default. A service member can delay the proceeding for the entire time he or she is on duty and for 60 days after that.

2. It is considered bad form to serve an active duty service member with divorce papers while he or she is overseas serving the country. A spouse of a service member must serve the other spouse with papers for the state court to have jurisdiction. If the service member is overseas, then the military can serve the papers there. If the service of papers is denied, then the spouse must serve the papers through the courts.

3. Child support in military divorce cases, just as in all divorce cases, is mandated. Military wages can be garnished if a service member fails to pay on time. The child support calculator takes into account each spouse’s wages in determining the amount payable by each parent. Child support cannot be more than 60 percent of the military member’s pay and benefits.

4. In some cases, the military court system may preside over the case – specifically with military professionals.

5. There are special rules that dictate how a court handles a service member’s retirement in the event of a divorce. The Uniformed Services Former Spouses’ Protection Act does not give a former spouse any of the service member’s retirement pension automatically. But retirement pay is considered marital property, so the court can divide it as the court deems equitable.

6. Under the USFSPA, a former spouse is also still an eligible Survivor Benefit Plan beneficiary. If a divorce happens after military retirement, a surviving former spouse can still be eligible for the SBP, if it was drawn up in the original divorce or if it was part of a court order.

7. To get a divorce in Florida, one of the parties needs to have established permanent residence in the Sunshine State for the six months prior to filing for divorce. A service member needs to have been in the state for the past six months or establish that Florida is their home with intent to return after discharge.

Marcie Baker is with Alston & Baker, PA. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce attorney, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

In 1971, about 38 workers died on the job per calendar day in the United States, Michaels said. Today that number is about a dozen in a workforce that has doubled since then. He reported that serious injuries also are down dramatically thanks in part to OSHA’s regulations.

Michaels made a case for OSHA’s positive impact on the American economy. He used examples from North Carolina and Florida where preventable explosions in factories not only hurt and killed employees, but ultimately led to the plants closing down and damaging the local economies. He also cited a Liberty Mutual Insurance Company report that outlined the toll workplaces injuries can take on American companies, families and the economy. He even made a case for continuing to fund the agency as good for the economy.

The agency’s penalties are different for various grades of violation and the fines are tiered depending on the size of the business. OSHA is careful to monitor the effects of the penalties on small businesses, he said.

Because safety precautions often cost money, the agency is careful to keep penalty fines to a minimum so that businesses can comply with the rules. The penalties exist for deterrence and the amounts have been unchanged since 1990, he said. The agency takes into account a business’ size and history when assessing penalties.

Almost all of OSHA’s proof that its regulations are working is in the statistics, which Michael presented at the beginning of his testimony. Occasionally, though, an OSHA inspector will can see real-time effects of the agency’s policies. He gave two examples of workers who were ordered by the agency to vacate unsafe trenches in construction sites only minutes before the trenches collapsed.

The agency has recently streamlined its whistleblower research process to do more investigations without having to significantly increase hiring. OSHA has added four new whistleblower laws to enforce. The agency revised the whistleblower protection manual and held a conference where professional investigators could share best practices.

Workers who have been injured on the job or who feel their workplace is unsafe can contact an attorney who specializes in workplace safety and injury claims.

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

Many claimants balk at the idea of hiring an attorney because of cost, but they often do not realize that there is no up-front cost in SSDI representation. Everyone has the right to be represented during the appeals process and the Social Security Administration has strict rules about the fees associated with that representation.

In fact, an attorney or representative cannot charge a fee without written approval from the SSA. In many cases, the lawyer only gets paid if the appeal is successful and even then the fee comes from the past-due benefits, according to the SSA’s website.

The SSA determines how much the representation was worth, which is usually 25 percent of the past-due benefits. A claimant never owes an attorney more than this except if there were fees associated with medical record acquisition. If a claimant comes to an agreement with the attorney about a fee structure before the appeal, the SSA will consider that agreement as long as the total is not more that 25 percent of the past-due benefits.

Hiring an attorney for a SSDI appeal could be considered a steal at this price since in most other types of cases attorney’s fees would be greater than that. If the appeal is won, then the lawyer is paid directly by the SSA and the claimant receives a check for the remainder of the past-due benefits.

There are clear benefits of having legal representation when filing a SSDI appeal. An attorney will be able to access a claimant’s file and act on his or her behalf before the SSA. An attorney also will be able to help a claimant access medical records or other information that supports the appeal of the claim. Accessing medical records can be a challenge and attorneys with Social Security appeal experience will know how to get that information in a timely manner.

A claimant can bring an attorney to any interviews, conferences or hearings with the SSA. An attorney also will be experienced at preparing witnesses for a hearing, which can be critical to the appeal.

The Social Security Administration will need to approve the fee structure even if a second party like an insurance company is paying the attorney’s fees, according to the SSA website.

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills social security lawyer, Zephyrhills divorce lawyer, or Zephyrhills personal injury lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

Couples often regret not taking advantage of the mediation process more and utilizing mediation to make their own decisions. In Florida, divorcing spouses typically have to attend mediation before going to court. Even if all the issues are not resolved at mediation, the process can help narrow and limit the matters to be litigated. Couples who focus on the benefits of mediation generally find it to be a far more rewarding process than litigation, which is stressful and expensive.

Mediation involves the spouses, oftentimes with their representative divorce attorneys, and a neutral mediator discussing all the aspects of the marriage dissolution. A mediator lays out the ground rules before the discussions begin and goes over the goals each person wants to achieve. In cases where emotions run high it is common for the parties to be in separate rooms, with the mediator acting as the go between, to help parties reach a resolution. Generally, each party has to be willing to compromise on some issues; however in the exchange they gain the peace of mind of knowing the outcome of the process.

Getting divorced has a huge impact on each person’s finances, relationship with their children, and even their living arrangements. Before mediation begins, each spouse must provide financial affidavits and disclosure of all assets and liabilities. Additionally, if there are children, each party should have some idea of what they are looking for regarding parenting plans and timesharing.

A Florida Supreme Court certified family law mediator can oversee the process, is trained in family law issues, and has the background to help move the discussion forward. Typically, divorce mediations can be concluded in one session. In more complex cases it may take several sessions, which is still more time efficient and cost effective than a courtroom battle that can take months if not years. Any agreements reached at the mediation will be written down and signed by the parties. This agreement will generally become part of the final judgment of the dissolution of a marriage.

Marcie L. Baker is a Florida Supreme Court Certified Family Law Mediator at Alston & Baker, PA. To contact a Tampa Bay Divorce Mediator, Zephyrhills divorce lawyer, or Zephyrhills Family Law Attorney, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

Especially for the elderly that live in nursing homes or long-term care centers, it is important to be mindful of tripping hazards and use railings to get around a busy facility. Falls can also be reduced when regular exercise is done to maintain strength and improve your balance. A senior should get their eyes examined to make sure they have the best glasses and medications should be monitored for causing abnormal drowsiness or lightheadedness.

The average nursing home has 100 to 200 falls each year, reports the Centers for Disease Control and Prevention (CDC). Dying from fall-related injuries is all too common. Nursing home staff should be educated on preventing falls. For at-risk patients, a nursing home facility should have alarmed devices to alert staff of patients getting out of bed without calling for help. Many long-term care centers use grab bars, hip pads and adjust bed and toilet heights to help residents.

Falls that do not cause deaths are shown to decrease a senior’s quality of life as it can start a functional decline and even cause a disability. Nursing homes can be liable if an environmental hazard was ignored or staff was careless about how the resident was being taken care of. A qualified serious injury attorney will help the individual and their loved ones investigate whether it was a wet floor, unmaintained wheelchair, bad lighting, or improper use of medication, for example, which caused the fall and subsequent injuries.

Serious injury lawsuits will help a senior get compensation for their medical bills, pain and suffering, and other costs. Nursing home costs already are expensive enough without the elevated bills that come from extensive falling injuries or an unwarranted death. A serious injury attorney will deal with the guilty party’s insurance company to get your expenses paid for in a timely manner.

In Florida, Zephyrhills serious injury attorney Robert Alston counsels seniors and their families who are dealing with a nursing home fall. Alston & Baker, P.A. is known for upholding their client’s rights against an insurance company and the individual or facility that caused the injury.

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

The mediator helps the couple go over the areas of disagreement, including assets and debts, child custody, the parenting agreement and time-sharing schedule, and child and spousal support. Any specific matters or concerns that the individuals have can be raised. Most importantly, with a few exceptions, the parties can agree on creative and alternative solutions that the judge cannot. A Florida Supreme Court certified family law mediator will have training in family law and will confidently be able to guide the negotiations forward. It is important to note than even if the mediator is an attorney, the mediator cannot represent either party by law and not give any legal advice to the parties. Sometimes parties decide to try to mediate their issues before hiring an attorney to file their divorce paperwork; other times, they bring their attorneys to mediation so they can seek legal counsel during the process.

The individuals are in control of the negotiations and can voice their concerns every step of the way. The mediator simply guides the parties toward a resolution on each matter. And should any communication barriers present themselves, mediators are highly trained to get the negotiations back on course. While mediation can still be an emotional, tough process, individuals have to remember the alternative – going to court, expensive legal fees, and a judge who decides your fate – is a lot worse.

Divorce mediation can by completed in one session, or if there are complex issues two to three sessions can be scheduled with each session focused on a specific area, such as the parenting schedule. “Mediation not only costs substantially less than going to court, but also results in more relevant, fair resolutions,” said Ora Schwartzberg, author of the recently published book Divorce Mediation from the Inside Out: A Mindful Approach to Divorce. If it helps, keep a checklist of issues that need to be resolved at each meeting to maintain your focus. Keep your attitude in check and remember the best interests of your kids and the next part of your life.

Many couples who have a good idea of what should be divided and can agree on co-parenting find that mediation is more of an empathetic, agreeable process versus the cold rigidity of the courtroom. Needs, wishes, and agreements can be voiced and decided on in a civil manner. Ultimately, a tailored divorce agreement will be finalized and submitted to the court for approval.

In Zephyrhills and Greater Tampa Bay, Florida Supreme Court Certified Family Law Mediator Marcie Baker sees the benefit of couples divorcing in this amicable manner. At Alston & Baker, P.A. she successfully helps people solve their marital problems everyday. She also is an accomplished lawyer and provides exceptional legal representation in contested divorces.

For more information please contact:

Marcie L. Baker, Divorce and Family Law Attorney
www.alstonbakerlaw.com
Alston & Baker, P.A.
5518 Seventh Street
Zephyrhills, Florida 33542
813-779-8895
Toll-free line: 1-888-500-5245

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

In slip and fall incidents in Florida, individuals can take legal action to get compensation for their medical bills, pain and suffering, lost wages, and associated costs. The injured party must show who was negligent and how the slip and fall occurred because of a company’s carelessness. Landlords, apartment management companies, and stores are supposed to make individuals aware of any hazardous conditions. A sign to detour a route or a letter in the mail could have prevented the woman from harm while the company fixed the loose step.

Property owners should take prompt action on issues like a loose step as it is hardly reasonable to expect apartment dwellers to hop or skip a step each time they go up – especially when bringing home the groceries or doing laundry a few floors down.

However, the law provides an analysis of each party’s fault that can result in greatly reduced recoveries. As part of that process, the victim must show how long the owner neglected the danger and if the owner has regular procedures to maintain the property. Evidence is crucial in these types of cases, so photos of the area, online repair requests or apartment guidelines, and any neighbors who documented it can be crucial. Courts will want to see your evidence and the owners must prove that they truly did inspect the grounds and public areas of the apartment building regularly for safety and normal upkeep.

Slip and fall accidents happen all too often at apartment buildings, retail stores, and even private residences. The Zephyrhills serious injury attorney Robert Alston counsels many clients who have suffered moderate to severe injuries that were caused by someone else’s negligence. Alston is accomplished in investigating all the facts of the case, including why the object was not fixed, why a barrier or warning was not posted, and how inadequate lighting contributed to the incident.

Alston & Baker, P.A. is known for upholding their client’s rights against an insurance company and the individual or company who caused the injury. Since 2002, the firm has helped many clients in Zephyrhills and the greater Tampa Bay area.

For more information please contact:

Robert C. Alston, Zephyrhills Serious Injury Attorney
www.alstonbakerlaw.com
Alston & Baker, P.A.
5518 Seventh Street
Zephyrhills, Florida 33542
813-779-8895
Toll-free line: 1-888-500-5245

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

Social Security disability insurance (SSDI) attorneys recommend that an individual apply for SSDI early on as it can take some time for the Social Security office to review the file. Add to that the high probability of a denial and subsequent appeal hearings to review an individual’s case, and it’s never too early to send in a SSDI application. Having a SSDI lawyer review an individual’s application before it gets sent will ensure completeness and relevant medical records are with it to increase the chances of getting a successful SSDI award from the beginning. It’s important to know that getting paid workers’ compensation will reduce the SSDI award, but there will still be some monies sent to the individual.

Many individuals who are unable to work due to serious work injuries wonder what will happen to their case if they have multiple issues that prevent them from working versus just one. The Social Security Administration (SSA) does consider numerous issues that can cause an individual to not be able to work.

“While we spend a great deal of time working to succeed in our jobs and careers, few of us think about ensuring that we have a safety net to fall back on should we become disabled,” said the Social Security Administration. The SSA will take into account your inability to work, reduced ability to complete daily tasks, and other key factors to determine your eligibility.

The SSA will want to verify an individual cannot do their job for at least a year and cannot transfer to a different job because of the condition. The medical evidence in the file must show that an impairment – or combination thereof – does make the person disabled and is severe enough to truly prevent any kind of work. Sometimes the SSA will want an individual to complete a consultative examination (CE) for additional information or clarification on the impairments.

Benefits typically continue until normal work for more than $1,000 a month can be resumed. Sometimes the SSA does have work incentives to continue benefits as an individual makes it back to the workplace.

In Tampa Bay, Zephyrhills Social Security Disability attorney Robert Alston counsels clients on every step of the SSDI process. He has more than 10 years representing disabled adults and children, veterans, and the aged and blind with their SSDI matters. Robert Alston is a partner at Alston & Baker, P.A. To contact a Tampa Social Security Disability lawyer or Zephyrhills Social Security Disability lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

Most SSDI attorneys work on a contingency basis, so no monies are paid up front and they will only be paid if your claim is successful. If you win, Social Security takes out 25 percent for the attorney fee, so you never have to bother with saving for these monies. What you need to focus on is getting the care and medical treatment you deserve.

A SSDI attorney can be a strong ally on your side as they are skilled in evidence and trial practice for Social Security cases. The wait time to have the hearing can be a year or more to have the judge and Office of Disability Adjudication and Review hear your case. An initial denial plus this long wait time can be very stressful, so a SSDI lawyer can help you build the strongest case in the meanwhile.
A skilled SSDI attorney will help you prepare for the questioning you must answer in front of the judge. Depending on how the judge starts the hearing, either the judge or your lawyer will ask the questions. Your job history will be delved into, including job duties, physical demands needed for the work, and sedentary parts of the job. You’ll also be asked about why you can’t work and what treatment you are receiving and what doctors you are seeing. It’s critical to note symptoms and physical and mental limitations, as the judge already has your medical conditions on file.

The judge will want to know your daily activities and he or she will exam your testimony to verify it is consistent with your medical conditions. Vocational and medical experts are typically present at the hearing, and the judge as well as your lawyer can question them to highlight the extent of your medical conditions and limitations. An experienced SSDI attorney will have cross-examined many vocational and medical experts to know how to position your case to win the SSDI benefits. The judge will give hypothetical scenarios based on the evidence in your application to determine if your conditions satisfy Social Security’s definition of disability. A good lawyer will show that your limitations are truly severe and prohibit you from working. A judge will ask the medical expert about functional limitations and it’s vital that your attorney is there to cross examine them. Oftentimes a judge will want to use what they gathered from the vocational expert to question the medical expert and find evidence as to why you should not get the SSDI benefits. A tenacious SSDI attorney will make sure the hearing gets back on track and will defend your rights.

As the hearing comes to a close, resist the temptation to get aggravated or dramatic. This is not the time to get angry with the Social Security Administration about your case or questioning techniques; and it’s definitely not the time to create a scene worthy of a nighttime TV drama. The judge has the power to grant your SSDI award. If you resort to theatrics, you have wasted precious time and money, and will have to appeal again. Your SSDI attorney can help give you some advice on making it through the hearing successfully and getting that much closer to the much-needed benefits.

In Tampa Bay, Zephyrhills Social Security Disability attorney Robert Alston has more than a decade of experience successfully representing clients before the Social Security Administration. Alston is skilled in assisting disabled adults and children, veterans, and the aged and blind with their disability concerns.

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

A family law attorney can help find a qualified financial advisor and/or therapist to be an advocate as they go through the stressors of a divorce. The attorney and advisor can make sure you’ve thought of all the assets and debts that should be divided and what scenarios could come up during the divorce proceedings.

Divorce is not a winner-takes-all strategy. However, if parties chose to resolve their issues through mediation, they can be much more creative than the court. In fact, if a matter is decided by the courts, they must ensure there is an “equitable distribution” of all assets and liabilities. As Fadi Baradihi the CEO of the Institute for Certified Divorce Financial Analysts says, “…if both sides are somewhat unhappy with the outcome, then the negotiations went well.”

First off, you must divide all the assets collected during the marriage. Some couples are very aware of all the details, whereas others must work through their attorneys to get a full financial disclosure from each party. If you are cognizant of the assets, it is as simple as listing out all the savings, checking, retirement and pension assets along with real estate, any business ventures, and other types of assets. Some people want to bicker about home furnishings and electronics, but it’s important to know that courts look at these items from the actual cash value, so you’ll get Craig’s List type of prices, not anything close to replacement value.

As critical as it is to know what assets you’ll be left with, it’s important to be mindful of debts you’ll be responsible for. Individuals will need to estimate future expenses – what is needed for the kids, housing, and other basic living requirements – to truly chart the course ahead. A knowledgeable family law attorney will help their client determine child support and, if applicable, spousal support they can expect to receive. You want to be realistic about budget and cash flow needs of both sides.

In the current real estate market, many divorcing spouses can’t afford to refinance the marital home due to decreased values or income levels. Even when a divorce decree states that one person is responsible for the actual payment on the home, if both names are still on the mortgage and deed, both are liable for the debt. Same goes for credit cards. Unless these debts are transferred into one name legally, creditors can come after the ex. If there is a way to refinance or pay off debt equitably during the divorce proceedings, individuals will not have that stressor lingering in the background in the months and years to come.

Zephyrhills divorce and family law attorney Marcie Baker helps clients create a game plan to reach a productive divorce result. She is an experienced attorney who goes over every detail from the division of assets, debts, as well as parenting plans and child support. At Alston & Baker, P.A. she takes a problem-solving approach to help individuals and families resolve their divorce and family law matters through marital settlement agreements whenever possible, as a cost saving measure for her clients.  She will also prepare her client’s cases for litigation when necessary, although this approach is much more costly.

Marcie L. Baker is with Alston & Baker, PA. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

For individuals needing Social Security Disability Insurance or Social Security Income, a competent attorney is recommended so that the paperwork and medical history effectively shows that the original condition and the necessary medication have an impact on their residual functional capacity.

A knowledgeable Social Security disability attorney will ensure that all your medical conditions, including the side effects of the necessary treatment and medication are fully and accurately presented. Many times, these side effects have a greater impact than the underlying condition on a person’s ability to work. That is why it is proper documentation of these side effects is so important. Applying for SSDI or SSI is far more than just showing your medical records. Individuals are wise to get legal counsel as soon as they are prevented from working as the application process can be quite lengthy. Most Social Security disability attorneys only collect a fee if they help their client recover benefits, so an individual can confidently seek their guidance early on.

Some individuals are hesitant to share what medications and effects they are experiencing, but honesty and the frequency of such side effects is critical for the Social Security Administration to know. The most common medications and conditions that cause mental and physical effects include:

• Lithium, an anti-psychotic medication used to treat severe mental disorders
• Interferon, used to treat hepatitis
• Prednisone, a steroid that helps ailments such as asthma
• Depacote, used to treat seizures, ADHD, and bipolar disorder
• Respridol or Xanax to treat panic attacks and anxiety disorders
• Soma, Percocet, Morphine, or other pain medications to treat back, limb, and chronic pain
• HIV drugs
• Chemotherapy drugs for recurrent cancer

It is extremely helpful if individuals keep a journal of how medications affect their ability to work, sleep, take care of the family, do household chores and deal with daily situations.

An individual’s inability to concentrate, sit for long periods, remember things, or use their hands should be documented. A journal combined with ample medical records and attempts at trying to correct the condition will go a long way should the Social Security Administration send you for a consultative exam. All these documents will be very helpful to the exam doctor.

In Tampa, Social Security Disability attorney Robert Alston has more than a decade of experience counseling clients on their eligibility along with successful representation before the Social Security Administration resulting in the award of disability benefits. Even though SSDI and SSI are different programs, he will analyze what is the best course of action given your situation and finances.

Robert Alston is with Alston & Baker, P.A. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

Step One: Diagnosis
Social Security looks to have a true diagnosis of an individual’s “medically determinable impairment.” You must have the signs, symptoms, and medical records supporting your situation. A qualified doctor that uses accepted practices to note your limitations and prognosis is critical. Social Security does not know your doctor, so your doctor’s input is very important when you apply for benefits.

Step Two: Qualified Legal Guidance
Having a qualified, Social Security Disability attorney increases your chances of getting your much-needed SSDI approved. An experienced attorney is skilled in getting the documentation completed accurately and has the expertise should your case go to a hearing in front of a federal administrative law judge. The Social Security Administration and its examiners review many claims a day and have little emotional investment to understand the extent of your situation. Having legal representation will help overcome the difficulties in getting SSDI.

Also, most SSDI attorneys work on a contingency basis, so you won’t have to pay any hefty fees up front. When you are granted SSDI benefits, up to 25 percent of it will be taken for the attorney’s fees as approved by the Social Security Administration. If no benefits are obtained, the attorney will not be paid, so the process protects your pocketbook.

Step Three: Periodic Disability Reviews
Continuing disability reviews happen every three to seven years. Even if you were initially given benefits because of a permanent disability, you must still meet the definition of disabled. The SSA will want updated records and documentation to verify your condition. And, should you work and earn more than $1,000 a month, the SSDI benefits most likely will end. If there is a sudden change in your medical or employment status, you will want to contact a qualified attorney to understand your rights.

Overall, Social Security disability attorneys help clients determine their eligibility for Social Security Disability Insurance and, separately, Supplemental Security Income. These two programs are distinct as SSDI pays benefits to you if you have worked long enough and paid Social Security taxes. Supplemental Security Income pays benefits to disabled persons with little to no income.

In Tampa, Social Security Disability attorney Robert Alston has more than a decade of experience successfully representing clients before the Social Security Administration. Even though SSDI and SSI are different programs, he will analyze what is the best course of action given your situation and finances. Alston is skilled in assisting disabled children and adults, veterans, and the aged and blind with their disability concerns.

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

For individuals needing Social Security Disability Insurance or Social Security Income, a competent attorney is recommended so that the paperwork and medical history effectively shows that the original condition and the necessary medication have an impact on their residual functional capacity.

A knowledgeable Social Security disability attorney will ensure that all your medical conditions, including the side effects of the necessary treatment and medication are fully and accurately presented. Many times, these side effects have a greater impact than the underlying condition on a person’s ability to work. That is why it is proper documentation of these side effects is so important. Applying for SSDI or SSI is far more than just showing your medical records. Individuals are wise to get legal counsel as soon as they are prevented from working as the application process can be quite lengthy. Most Social Security disability attorneys only collect a fee if they help their client recover benefits, so an individual can confidently seek their guidance early on.

Some individuals are hesitant to share what medications and effects they are experiencing, but honesty and the frequency of such side effects is critical for the Social Security Administration to know. The most common medications and conditions that cause mental and physical effects include:

• Lithium, an anti-psychotic medication used to treat severe mental disorders
• Interferon, used to treat hepatitis
• Prednisone, a steroid that helps ailments such as asthma
• Depacote, used to treat seizures, ADHD, and bipolar disorder
• Respridol or Xanax to treat panic attacks and anxiety disorders
• Soma, Percocet, Morphine, or other pain medications to treat back, limb, and chronic pain
• HIV drugs
• Chemotherapy drugs for recurrent cancer

It is extremely helpful if individuals keep a journal of how medications affect their ability to work, sleep, take care of the family, do household chores and deal with daily situations.

An individual’s inability to concentrate, sit for long periods, remember things, or use their hands should be documented. A journal combined with ample medical records and attempts at trying to correct the condition will go a long way should the Social Security Administration send you for a consultative exam. All these documents will be very helpful to the exam doctor.

In Tampa, Social Security Disability attorney Robert Alston has more than a decade of experience counseling clients on their eligibility along with successful representation before the Social Security Administration resulting in the award of disability benefits. Even though SSDI and SSI are different programs, he will analyze what is the best course of action given your situation and finances.

Robert Alston is with Alston & Baker, P.A. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

A companion bill is at the Florida Senate but has not been voted on yet. Should it pass, the bill would require judges to determine that a spouse who must pay alimony will not end up with significantly less net income than the recipient.

Currently, judges have discretion to determine if one party is underemployed for the purpose of avoiding or limiting alimony, which means that occasionally, it appears that the paying spouse ends up with less net income, although that may not be the actual case. The bill would also limit permanent alimony, and promote a slimmer timeframe for it. If the bill does get signed into law, proponents are hoping that it goes into effect by mid summertime.

Currently, the Florida Statutes Section 61.08 allow for the following types of alimony: permanent, durational, bridge-the-gap and rehabilitative. A recent article in The Tampa Tribune highlights the new alimony bills. Lakeland’s House of Representative Kelli Stargel feels that permanent alimony that only stops at death or remarriage of the recipient is causing more harm than good. She is pushing the bill so that judges will first have to see what other types of alimony might be more relevant than permanent alimony.

“There have been situations of men who I knew who were paying so much in alimony that it was keeping them from being able to live their lives,” said Rep. Kelli Stargel, R-Lakeland. “Some said they would be better off just to quit their job. We want to do things equitably and fairly.”

For now, here are the types of alimony that a Tampa family law attorney and Tampa divorce attorney can assist with:

Permanent Alimony
• Awarded for long-term marriages more than 17 years in duration
• Can be modified at a future date
• Can be ordered to be paid monthly or as a lump sum
• Payment only ends at death, remarriage of the recipient spouse, or being involved in a supportive relationship with another person

Durational Alimony
• Awarded for short to moderate term marriages less than 17 years
• For a set period of time to provide financial help
• Can be modified at a future date
• Should death or remarriage of the recipient spouse occur before the short-term alimony is up, the alimony will stop

Bridge the Gap Alimony
• Awarded to help recipient spouse transition from married to single life
• Limited to two years
• Unable to be modified
• Recipient spouse must show legitimate, short-term need
• Should death or remarriage of the recipient spouse occur before the short-term alimony is up, the alimony will stop

Rehabilitative Alimony
• Awarded to help recipient spouse redevelop skills, job training, or education
• Can be modified in only special circumstances
• Recipient spouse must show specific and defined plan with all details of the training needed
• Monies are based off of cost of training, education, etc.
• Should death or remarriage of the recipient spouse occur before the short-term alimony is up, the alimony will stop

Alimony, which is referred to as spousal support, remains a contentious subject. Divorcing couples and legal professionals are keeping a close watch on the Florida legislature to see what comes of the alimony bills.

In Tampa and Zephyrhills, family law attorney Marcie Baker is keenly aware of the ups and downs of divorce law. Divorce proceedings are a stressful, emotional experience, so an experienced attorney can ensure that every facet – from alimony, child support and parenting plans, and the division of assets – is negotiated with a clear plan for success in the future. At Alston & Baker, P.A. she takes a problem-solving approach to help clients resolve their divorce and family law matters.

Marcie Baker is with Alston & Baker, P.A. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

Florida has one of the highest rates of automobile accidents. Many times drivers and passengers not only have financial damage, but physical and mental pain and suffering. Oftentimes, this pain might not be debilitating in the weeks after an accident, but months and years later it can produce frustrating chronic pain.

Some insurance providers will want to settle quickly in order to protect their costs, so individuals are advised to get legal counsel early to protect their rights. Experienced auto accident attorneys have medical experts and estimators to project future losses and costs that are a result of an auto accident. Insurance coverage is complex, so an auto accident attorney who is skilled in auto policy coverage is a huge benefit. No matter what an individual drives – car, truck, or motorcycle – they will benefit from having an attorney while navigating through their claim.

The National Highway Traffic Safety Administration shows that car accident injuries can affect every part of the body and no two accidents are the same. The top injuries are:

Whiplash – involves soft tissue injuries that effect ligaments, tendons, and muscles. Rear and side impact accidents are the most often cause and many symptoms get worse with time.

Back Injuries – from sprains and strains to herniated discs and fractured vertebrae, back injuries must be taken seriously. These injuries can prevent physical movement and even make sitting in an office chair impossible for long lengths of time.

Psychological Injuries – Post-traumatic stress disorder can result in a fear of driving and are common effects of a serious automobile crashes.

Brain Injuries – bruising or bleeding of the brain can drastically impair brain and body functions. Traumatic brain injuries are caused when an external force injures the brain. Individuals and their caretakers should be diligent about checking for memory loss, chronic headaches, as well as loss of smell, taste, and dexterity.

Auto accident attorneys know the importance of fighting for their clients’ rights since accident injuries can require the need for physical therapy, in-home care, medical equipment, surgery, and numerous physician visits. At the law firm of Alston & Baker, P.A. their professional excellence and notable track record for auto accident clients is the peace of mind individuals deserve. Their lead Tampa and Zephyrhills auto accident attorney, Robert C. Alston, has practiced injury law for more than 10 years and prior to law school was a licensed insurance agent. He knows all the ins and outs of auto insurance coverage and what rights and benefits are available.

For more information please contact:

Robert C. Alston, Tampa and Zephyrhills Auto Accident Attorney

www.alstonbakerlaw.com

Alston & Baker, P.A.

5518 Seventh Street

Zephyrhills, Florida 33542

813-779-8895

Toll-free line: 1-888-500-5245

An estimated 800,000 individuals nationwide are victims of dog bites and need medical and legal counsel as a result. The majority of the incidences happen in the dog owner’s residence. Half of the victims are children, with dog bites causing the second most childhood injuries after playground mishaps.

Infections, scars, and subsequent surgeries can make a dog bite a medical and financial concern. In contrast to children, adults need to be mindful of lost wages that result from being out of work to take care of extensive injuries. All individuals are susceptible to conditions that can spread to other parts of the body, so prompt medical attention is critical to prevent more serious complications.

Taking photographs and documenting what happened during the dog bite event is very important. Pictures right after the attack, as well as pictures during the healing process will show the extent of the dog bite. Some homeowner’s insurance policies cover dog bites, but the trend is moving toward separate policies for this as settlements skyrocket and account for 30 percent of liability claims.

Getting legal counsel early helps protect the individual and their family. A serious injury lawyer will help deal with the insurance company. Many times insurance adjusters push individuals to settle their claims before the dog bite victim has fully recovered. An experienced dog bite lawyer will know how to handle the adjuster and advise the victim regarding consequences of a settlement.

In Tampa, the law firm of Alston & Baker, P.A. handles cases with serious injuries from dog bites. They counsel clients on their rights to compensation, medical care, and pain and suffering. Their lead Tampa serious injury attorney Robert C. Alston has a background in insurance and legal expertise with more than 10 years of a successful track record.

To contact a Zephyrhills divorce lawyer handling family law, custody matters, Tampa personal injury, Tampa social security disability, or Zephyrhills accidents, call Alston & Baker at 1-888-500-5245 or visit http://www.alstonbakerlaw.com.