The Divorce Process

How Can You Appeal A Disability Insurance Claim Denial?

Posted by on 10:23 am in Uncategorized | Comments Off on How Can You Appeal A Disability Insurance Claim Denial?

When your disability insurance claim is denied, you have the option of filing an appeal. Due to deadlines, it is important that you act quickly to appeal the insurance provider’s decision. Here are some tips for appealing the decision.   Investigate the Denial Reason Before you can create a strategy for appealing the insurance provider’s decision, you need to know exactly why it was denied. Start by re-reading the denial letter. The letter should include a basic explanation of why your case was denied.   You also need to call the insurance provider and ask for specifics on how the decision was reached. For instance, if the claim was denied because it was not proven that you were impaired and unable to work, find out if the insurance provider received all of your medical records. It might be possible that you can overturn the denial by simply providing more information.  Review the Policy Being familiar with your disability insurance policy can help you shape your appeal. If you do not have a copy of the policy, submit a request for one to the human resources department at your employer. In your request, emphasize that time is of the essence. You need to have time to review the policy and complete your appeal within the allotted time.   Although it might be tedious, take the time to read the policy. You need to understand the wording in the policy that was used to justify the denial. If you are unsure of how the insurance company’s reasoning applies to your particular case, ask questions. Contact the insurance provider and ask for an explanation. Keep detailed notes of every interaction you have and if possible, get the provider to send a written explanation, too.   Gather Evidence to Submit to the Insurance Company Once you are aware of the reasoning for the denial, you need to gather evidence to counter the argument made by the insurance provider. The more evidence you have, the more likely it is that the insurance provider will respond favorably.   For instance, if the insurance company was not convinced that you are unable to work, provide written statements from co-workers and a detailed listing of your job duties. Go point by point on the job duties list and state why you are unable to complete each task.   Appealing a denial of a disability insurance claim can be challenging, but it is possible. Work with an experienced attorney, like one from Iler and Iler, for the best...

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Commercial Driver Crashes And Fatigue: What You Should Know

Posted by on 11:39 am in Uncategorized | Comments Off on Commercial Driver Crashes And Fatigue: What You Should Know

Commercial driving can be an excellent way to make money and support a family. The problem is being on the road a lot can lead to fatigue and crashes. Here’s all you need to know about driver fatigue and what you can do as a commercial driver to protect yourself and others on the road. Know the Facts At least 15% of crashes are caused by commercial truckers due to fatigue. It’s easy to make mistakes or not be in control of the powerful vehicle. By knowing this fact, you can be more proactive at avoiding driver fatigue and knowing the signs. An accident with a truck is much more dangerous than any other vehicle. While you may be safe within the powerhouse, the size and force someone else will be hit with is enough to cause serious harm and death. Drowsy Driving Signs Driver fatigue can hit anyone who is tired. Even if you’ve been on the road safely for the last decade, you may find that it hits you and a crash occurs. One of the most common signs to look out for is lack of concentration. You know that as you get tired, you find it hard to keep your eyes on the road. You’re less likely to take in the signs and traffic lights, as you focus on just getting to your destination. Heavy eyelids and consistent yawning are dangerous signs. You’ve gotten to the point now where you run the risk of falling asleep at the wheel. Reactions will be slower, and you may not make the best judgment calls when it comes to road decisions. Know the Law There are various state and federal laws surrounding commercial driving to help prevent fatigue and limit the potential damage. These are on top of the regular driving laws. Truckers cannot be “on duty” for more than 14 hours within one 24-hour period, and you must be “off duty” for 10 hours between those 14-hour stints. You also need to have a 30-minute break every eight hours that you drive. These laws may be annoying and lead to fewer deliveries in a day, but they are there to keep you and everyone else safe. Just because you only need to legally have a 30-minute break, doesn’t mean you can’t have longer or stop more often than every eight hours. You’re the driver, and you’re responsible to make the call if you are too tired. Know the warning signs and what you can do to prevent driver fatigue. This will help you prevent an accident when you drive a commercial vehicle, such as a truck. Contact a business, such as Powers Law, for more information....

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Loss Of Limb: What Should You Know About Your Leg Amputation Case?

Posted by on 1:02 pm in Uncategorized | Comments Off on Loss Of Limb: What Should You Know About Your Leg Amputation Case?

If you suffered a leg amputation during a severe car accident, you may expect the other driver’s insurance company to offer a good settlement for your injuries. But if the insurer doesn’t think that your injuries are severe enough to warrant a high settlement, even though you lost a limb, don’t accept the offer and contact a personal injury attorney for help. Your injuries may be considered catastrophic in nature. Catastrophic accident injuries like amputations have the potential to cause lifelong pain and suffering. Here’s more information about amputations and what you can do to win a fair settlement. What Are Amputations? Unlike the surgical amputations performed by doctors, traumatic amputations, such as avulsion amputations, occur without any warning. The injuries can cause massive tissue damage to the bones and muscles associated with the limb, as well as nerve damage and uncontrolled bleeding. The injuries are typically permanent and may require long-term care and treatment to manage. However, the other driver’s insurance company may not want to agree to a settlement that reflects the extent of your injury. The insurer may argue that your amputated leg doesn’t affect your ability to work in an office setting or in a place that doesn’t require standing or walking. If this doesn’t work, the company may have its adjuster tell you that if you don’t accept the offer, you may not get another offer later. If you take the lower amount, you may not have the coverage you need for future care, such as physical therapy and pain management treatments. To avoid the complications above and receive a settlement you deserve, you must secure medical evidence of your injury. What Can You Do to Prove Your Case? One of the things can do is hire a personal injury attorney to help you obtain additional medical evidence about your amputation, including documentation for any new health problems you experience because of injury. For example, if you now have permanent nerve damage in the amputated limb, then it’s important that you document it. An attorney can also help obtain medical evidence that shows how your amputation will affect you in the future. For instance, it’s possible for you to develop a condition called “phantom pain” in the future. Some amputees experience false sensations of pain and other feelings in their lost limbs after the wounds heal. Phantom pain and sensations can trigger a host of emotional and physical problems that can affect your life, including depression, anger and confusion. These types of problems may require therapy and other services to help you through them. If you have concerns about your case or would like to learn more about it, contact an office such as Hornthal Riley Ellis & Maland...

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How An Attorney Can Help You When You’re Filing For Social Security Disability

Posted by on 11:24 am in Uncategorized | Comments Off on How An Attorney Can Help You When You’re Filing For Social Security Disability

If you are to the point where you are ready to file for social security disability benefits, you might want to consider hiring an attorney to help you. To understand how this would be beneficial for you and your case, you will want to check out the following points. Helps You Understand The Questionnaire When you first apply for social security disability benefits, you will receive a large questionnaire in the mail. It must be completed in full and returned to the social security office by a certain date. You do not want to find yourself intimidated by how many questions there are or how the questions are asked. Many people find that some of the questions are a little tricky; some of the questions may seem as though someone is trying to get you to answer them wrong. While that may not be the intent, it is important to make sure that you are being consistent with your answers. Your social security disability attorney will be able to help you understand what exactly is being asked of you in the questionnaire and can assist you in making sure that you are answering in a way that thoroughly explains how you are suffering. Ensures All Of Your Medical Records Are Sent To The Social Security Office It is important that your caseworker receives all of your medical records that date back to the start of your injury or illness. This includes records from your primary care doctor, chiropractor, therapist, psychiatrist, surgeon, specialist, and any hospitals that you have visited. Initially, your social security caseworker will request all of the medical records on your behalf. All you have to do is provide him or her with the names of the doctors or medical facilities, their contact information, and the approximate dates of your treatment so they know what time periods to ask for records from. If your caseworker does not end up getting all of your medical records, your attorney can place a follow up call to those doctors and hospitals to ask that they send the requested records to the social security office. It is important that all records are received in order to improve your chances of proving how disabled you are. With just those two points in mind, you should be able to see how an attorney can help you. All you need to do now is get in contact with an attorney from a company like Hawkins  Bingham &  Miller and schedule a...

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FAQs About Suing For Negligence In A Nursing Home

Posted by on 7:46 am in Uncategorized | Comments Off on FAQs About Suing For Negligence In A Nursing Home

When your parent is the victim of negligence in a nursing home, you can take legal action to hold those involved responsible. In addition to pursuing criminal charges, you can seek civil damages. How you pursue those damages depends on various factors. If your parent has suffered an injury, here is what you need to know about your civil legal options.  Can You Sue? Many people believe that they can file a lawsuit against a nursing home for negligence, but this is not always the case. Whether or not you can sue depends on the language in the agreement that was signed when your parent moved into the facility.  Some agreements contain a binding arbitration clause. The clause can prevent you from taking your parent’s case to the court. You would instead have to allow an arbitrator to decide the fate of your case. Regardless of the outcome of the arbitration, the decision rendered is usually considered final. You cannot file an appeal.  In addition to giving up the right to appeal, a binding arbitration clause also hides what occurred from the public. The records are not entered into public record because the decision was not made through the court.  If there is not an arbitration clause in the contract, you can file a lawsuit. In order to sue, you will have to prove your parent’s case meets the standards of personal injury law.  What Do You Have to Prove? Since nursing home negligence is considered a personal injury issue, you have to prove that the facility had a responsibility to care for your parent. You also have to prove that the facility is responsible for the negligence and that it resulted in an injury. Establishing that the nursing home was responsible for caring for your parent is relatively simple; the contract signed when your parent moved in can be considered evidence of the facility’s responsibility.  Proving that the facility is responsible for negligence can be trickier though; how you prove your case depends largely on the type of negligence alleged.  For instance, if you are alleging financial abuse, you need to show that an employee of the facility or someone that was allowed access to your parent by the facility stole from your parent. Documents, such as your parent’s bank statements and canceled checks made out to the person, can be useful.  A lawyer from the Law Office of Thomas G. Kemmy or a similar firm can help determine what type of evidence is needed in your parent’s situation. Consult with a lawyer early in the process to avoid delays in seeking justice for your...

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Three Things A U.S. Citizen Should Know About Immigration Petitions For Family Members

Posted by on 7:55 am in Uncategorized | Comments Off on Three Things A U.S. Citizen Should Know About Immigration Petitions For Family Members

If you are an American citizen, you have the right to petition for the legal residence of an immediate family member. Immigration services also refers to this as an immediate relative. But what you may believe constitutes an immediate relative may be different from what the government believes. The following are three things to understand about this status. You cannot petition for legal residence of your mother in-law or father in-law This can become an issue when a United States citizen has a foreign-born spouse. If your spouse or finance has one or both parents living in a foreign country, you may want to bring his or her parents to live in America. However, this is not possible. If you are a United States citizen, you can only petition for your parents, but not your spouse’s parents. Your spouse, however, can petition for his or her parents to become legal residents, but only after they become a United States citizen. Getting green cards for children, brothers and sisters For a U.S. Citizen, petitioning for a child to receive a green card is straightforward. Children are defined as under the age of 21; however, a son or daughter child that is an adult, 21 years and older can still be sponsored under the family preference category. Unlike children and parents, siblings are not considered to be immediate relatives and fall under the category of family preference just as your adult children are. The main difference between this category and the immediate family category is that the law has limits on how many people a U.S. citizen can sponsor. But this is usually not a problem for most people. A immigration attorney can provide exact details on all of the rules regarding sponsorship under the immediate family category. Restrictions on getting a green card for your fiance As a United States citizen, you can marry a foreign citizen if you choose, but there are a few important restrictions. Your future spouse should be living outside the United States or inside the country legally. If he or she entered the country illegally, you will not be able to petition for a green card. If, however, they entered legally but overstayed their visa, it may be possible to petition for a green card. You will need the assistance of an immigration attorney for this legal circumstance. For a U.S. citizen, getting a green card for a spouse or family member may seem easy, but there are many fine points to the laws, and there are often changes every year. The information above should at the least alert you to some of the complexities involved. Every U. S. citizen should consult with an immigration attorney, such as Tesoroni & Leroy, regarding green cards for family...

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Why You Need An Attorney For Your First Drunk Driving Offense

Posted by on 11:20 am in Uncategorized | Comments Off on Why You Need An Attorney For Your First Drunk Driving Offense

Getting a DUI is never an enjoyable experience. As many as 1,250 out of 100,000 people get arrested for drunk driving in the US, making it a fairly common offense. If you get a DUI, you can benefit from getting an attorney. Here are reasons you need a DUI attorney for your first offense for drunk driving. You can face jail time Every state has a different rule when it comes to DUI offenses, and many things come into play. You could face jail time if you are convicted of drunk driving, even if it is your first offense. You need to hire a lawyer if you have a serious case against you, such as: injury to another person or property getting a DUI while having children in the car having a very high blood alcohol content level aggression toward police officer(s) during arrest license already suspended when you were arrested To avoid facing jail time and to know how to plead in your case, you need a DUI lawyer to assist you. They can represent you at your arraignment and during trial to help you get by with lesser charges, such as probation, community service, or amended charges. You can lose your license Even a first-time DUI will usually lead to the loss of your license. This can be for a few months to several months or a year or more, depending on how severe your drunk driving case is. Your lawyer can work with the prosecution to help limit the length of time your license will be suspended or work out a plea deal where you can have limited driving privileges to go to work or school. You can lose your job If you work as a public figure, such as in the police or fire department, for the city, or as an educator, you may risk losing your job as a result of your DUI charge. Your attorney can work with the prosecution to lessen your charges so they show more favorably on your record. They can also help negotiate your job position with your employer if your job is in danger as a result of your DUI. Getting your first DUI can seriously impact your life. You don’t want to have to go to jail, lose your job, or face very serious charges, so getting a lawyer is likely your best option. Find a DUI lawyer to assist you in your case so you can have the legal protection you need. Click here to learn more about this...

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The Major Advantages Of Chapter 13 Bankruptcy Over Other Debt Alternatives

Posted by on 12:17 pm in Uncategorized | Comments Off on The Major Advantages Of Chapter 13 Bankruptcy Over Other Debt Alternatives

If you’re dealing with debt, you’re likely considering a few different options. Chapter 13 bankruptcy is designed to restructure your debt in order to create a repayment plan, through which you can pay off your debt within three to five years. In general, Chapter 13 bankruptcy is faster and easier to recover from than Chapter 7 bankruptcy, and it has some advantages over other debt management processes. Debt Consolidation A debt consolidation involves taking out a single loan and using it to pay off all of your other debt. The advantages of a debt consolidation are that you only need to make a single payment, that you can often get lower interest rates, and that you can set the terms of your loan — for instance, you could consolidate all your credit cards into a 10 year loan. The disadvantage is that you generally need good credit to get a consolidation loan and there’s no guarantee of the interest rates. Chapter 13 bankruptcy will be able to restructure your debt with any credit rating. Debt Settlement Debt settlement involves settling your debt for a certain amount of cash, which is generally a fraction of what you owe. For instance, a credit card with a $20,000 balance could be settled for $15,000 today. Debt settlement can be advantageous for those who have liquid assets because it gets rid of your debt right away and saves you money long term. However, it requires that you have cash on hand, and you need to negotiate with your lenders in order to get a debt settlement agreement. Chapter 13 bankruptcy is based on your earnings and you won’t need any cash at hand. Debt Management Debt management solutions often negotiate with your creditors to lower your interest rates and remove fees. Once negotiations have been completed, the debt management company will take in a single payment from you and distribute it to your lenders. Debt management solutions operate very similarly to Chapter 13 bankruptcy. The difference between this type of service and bankruptcy is usually the cost involved; a debt management company will usually charge a fee every month to administer the account.  Everyone’s financial situation is different. If you’re considering bankruptcy, you may want to consult with an attorney that specializes in the process, such as Stuart R Whitehair Attorney. Bankruptcy attorneys are extremely knowledgeable about debt solutions and will be able to review your personal situation to determine whether bankruptcy is right for...

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When Can The Police Enter Your Apartment Without A Warrant?

Posted by on 2:21 pm in Uncategorized | Comments Off on When Can The Police Enter Your Apartment Without A Warrant?

Police officers cannot just barge into your apartment without a valid reason; doing so would violate your privacy rights. However, there is a limit to your privacy, and sometimes police officers need to get into the house. Even then, they can only get in under certain conditions. Here are valid reasons that allow officers to enter your house without violating your privacy: They Have a Warrant In most cases, police officers will come to your place with a search warrant. This is an official document that allows the officers to get into your house with our without your consent. The conventional warrant requires officers to knock, identify themselves, and wait a short while (which can be as short as a few seconds) for you to open the door; this is known as the “knock and announce” rule. They only force their way in if you don’t respond or if they believe adhering to the “knock and announce” rule may endanger lives or give you time to destroy evidence. However, there is also a “no-knock” warrant that gives police officers the permission to enter your house without announcing their presence. This is what the officers will get if they have prior knowledge or suspicion that you may destroy evidence or endanger their lives if they announce their presence first. You Let Them In In most cases, if the police don’t have a warrant, they will ask for your permission to get into your house. They may sound or appear menacing, but they can’t force their way in unless certain exceptions (the exceptions are explained below) apply. You don’t have to let them in, but it may be wise to do so if you don’t have anything to hide. After all, they may just leave and come back a while later with a warrant. Your Roommate Lets Them In It’s not just you who can let officers into your apartment; even a roommate can do so. Therefore, if police officers knock on the door of a shared apartment, they can get inside even if the person who opens the door isn’t a person of interest in the potential search. However, the police officers will only limit their search to the common areas (examples include kitchen and living room) and not your private room. For example, if you share an apartment, but have separate bedrooms, the police officers will not search your bedroom if your roommate lets them in. There Are Exigent Circumstances Finally, police officers can also get into your apartment if they believe there are exigent circumstances. In such cases, they don’t need permission from you or your roommate, and neither do they need a warrant. Consider an example where the police are chasing an armed suspect who jumps into your apartment through the window. In such a case, waiting to get your permission or a warrant is dangerous; the police will just get in without permission. Do you believe that police officers violated your privacy rights by getting into your house? Consult an attorney from a firm like Begley Carlin & Mandio LLP to review your case because privacy violations aren’t straightforward. The use of exigent circumstances, for example, gives the police a wide range of reasons for entering your house. Your lawyer will examine the circumstances of the case...

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3 Tips For A Successful Workers’ Compensation Claim

Posted by on 1:48 pm in Uncategorized | Comments Off on 3 Tips For A Successful Workers’ Compensation Claim

Getting the payout you deserve when filing a workers’ compensation claim is not always an easy process. There are several pitfalls that could damage your case that you may not be aware of, especially if you have never filed a claim before. Here are three tips that can help you win your workers’ compensation claim. Report Your Injury Immediately Many people try to “tough out” their injuries and finish the work day. Unfortunately, waiting too long to submit your claim can be extremely detrimental to your case. From an insurer’s perspective, you will not hesitate to report your injury if it is severe enough to warrant a workers’ compensation claim. The statute of limitations for filing a workers’ compensation claim differs by state. Additionally, the time limit to file your claim often differs from the time limit to report the injury to your employer. While reporting your injury and filing your claim within these time limits is usually mandatory, exceptions may be made in extreme cases. Examples include if the accident led to prolonged medical treatment, a coma, or other incapacitating circumstances that prevented the statute of limitations from being met. Follow Your Physician’s Instructions In addition to judging the severity of your injury by how quickly you report it, insurers will consider the claimant’s dedication to recovery from their injury. If an employee claims to have suffered serious injury, but does not follow their physician’s instructions, it is more likely that the employee is trying to submit a fraudulent claim. Even for people who have suffered legitimate injuries, it can be easy to engage in activities that your doctor has warned against. Depending on the severity of your injury, carrying groceries, working in your garden, and other semi-strenuous activities can reflect poorly on the authenticity of your claim. Hire a Workers’ Compensation Attorney No matter how serious your injury is, winning a workers’ compensation claim is never easy. The insurer will always be interested in paying the minimal amount for your claim, so you are not likely to see the results you deserve if you are working alone. Hiring a personal injury attorney with experience in workers’ compensation claims is the most important thing you can do to win your case. Your attorney will assist you with gathering and organizing the documentation you need, filling out the correct forms, and help you avoid mistakes that could jeopardize your claim. Many attorneys will provide a free initial consultation, so you should talk to several attorneys until you find the one that you feel is best suited to handle your case. If you use these tips when filing a workers’ compensation claim, you can maximize your chances of receiving payment for lost wages, medical expenses, and other expenses. Visit for more...

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