Assessing Negligence

Before a defendant can be held legally responsible for harm caused by his or her negligence, the plaintiff must prove four elements: The first is that the defendant owed the plaintiff a legal “duty” to follow an accepted standard of care. Next, the plaintiff must prove that the defendant “breached”…READ MORE

Monies Allocated to Help Process Disability Claims

The economic stimulus bill previously passed by the US Congress provided the Social Security Administration (SSA) an additional $500 million to process retirement and disability workloads. The increase of Social Security Disability (SSD) claims was caused by the economic downturn and the ever-increasing number of baby boomers becoming eligible for…READ MORE

The Disability System Has to Be Fixed

Typically, the system works well for disability claimants. There are, however, times when the system seems unjust and the claims process is unfair. Take the case of a young disabled man whose claim was denied by Medicaid because he has not been classified as “disabled” by the Social Security Administration…READ MORE

Social Security – Disability Before Retirement

Many people have been forced by disabling health conditions to consider early retirement. Some might fear that, short of retirement age, they are not eligible for Social Security Disability Insurance (SSDI). Not so. Some believe that the road to filing a claim is long and complicated and might even require…READ MORE

Social Security Disability

In the event that you were to become disabled, it is possible that you might be entitled to Social Security benefits, depending on how long you worked, how much you earned, and your particular circumstances. Usually, one has to have worked five out of the past 10 years. For those…READ MORE

Survivors’ Recourse

When a person dies as a result of another person’s negligence or wrongdoing, the surviving members of the victim’s family may sue for “wrongful death.” A wrongful death lawsuit alleges that the decedent was killed as the result of negligence on the part of the defendant. Under wrongful death statutes,…READ MORE

Breaking Down a Civil Case

When prospective clients first consider filing a civil lawsuit, they may be most concerned about the worth of their cases. Experienced lawyers, on the other hand, are more interested in reviewing all of the relevant information of the case before they venture an opinion. Even then, there is no way…READ MORE

Enabling the Disabled

If you are disabled and have had your application for Social Security Disability benefits denied, you should know that almost half of all disability appeals are favorably changed during the appeals process. The first level of appeal, known as “consideration,” involves an informal review of your claim at the local…READ MORE

Medical Advice for Disabled Seeking Benefits

If you are seeking Social Security Disability benefits, you should maintain an ongoing relationship with your doctor because your disability claim will be evaluated on the basis of your medical records. Even though your past medical records indicate that you are disabled, there must also be current medical records that…READ MORE

Third-Party Lawsuits

If you were to be injured on the job, workers’ compensation laws are designed to handle your claims. These laws are strict liability, which means that you need not establish fault and/or negligence on the part of your employer in order to collect benefits — as long as the injury/illness…READ MORE