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Why Are Disability Benefits Offset When Receiving Workers’ Comp? Can You Avoid It?

Posted by on 11:48 am in Uncategorized | Comments Off on Why Are Disability Benefits Offset When Receiving Workers’ Comp? Can You Avoid It?

A disability that lasts longer than 12 months can qualify you to receive Social Security disability benefits. Workers’ compensation benefits that you are receiving could be impacted by an approval for disability. If you are planning to apply for disability and already receive workers’ comp, here is what you need to know. What Happens When You Are Approved for Disability? Receiving workers’ compensation benefits does not prevent you from receiving disability benefits. However, it can impact your monthly payment. Your disability payments could be temporarily lowered while you are receiving workers’ comp. The lowered payments, or offset, is designed to ensure that you do not receive more than you are allowed in one month. Your workers’ comp payment and disability cannot exceed 80 percent of what you previously earned when working, as of May 2016. The offset lasts as long as you receive workers’ comp. At that point, your disability benefits will increase to the maximum limit. What Can You Do? There a couple of available options for handling an offset. One is to simply wait to apply for disability benefits until after your workers’ comp stops. It is important to note that if you do opt to wait, you could be left without any income until the Social Security Administration reviews your claim. You also will not have medical insurance during that period. Another option is to take a lump settlement for your work-related injury and divide the payments over a period of time. By taking smaller payments instead of larger monthly payments, you can avoid reaching the number at which the SSA starts to offset your disability payments.  In order for this to occur, your workers’ compensation attorney will need to ensure that your settlement documentation specifically lays out the plan for your future payments. He or she can help calculate how much you need to receive each month to avoid having an offset of your disability benefits.  Before signing the settlement agreement with your employer’s insurance company, thoroughly review the document. If the language to divide the settlement is not included and you accept the offer, you could potentially face an offset of your disability benefits for months. Depending on the amount of the settlement, it could even be years.  If you are thinking of applying for disability benefits, inform your workers’ comp attorney, such as one from The Law Offices Of Martin Von Mizener. He or she can help you explore other ways to avoid an offset that might apply to your specific...

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The Benefits Of Long-Term Care Insurance

Posted by on 8:42 am in Uncategorized | Comments Off on The Benefits Of Long-Term Care Insurance

Long-term care insurance is a benefit that is often available for purchase in company benefits packages. This insurance plan can be exceedingly beneficial to anyone who will need any sort of long-term care later on in life. The following explains more about long-term care insurance and how it can be a wise investment: Long-Term Care Insurance Defined Long-term care insurance is a plan that provides nursing or assisted living home care for individuals. It is a form of backup to the funding that is already in place for long-term care, such as retirement plans and pensions. Long-term care insurance is a good option for anyone who is unsure whether or not they will have enough funding for a stay in a nursing home facility. It can also serve as a safety net in the event a financial crisis should occur before one reaches an elderly age. It is meant to provide care for anyone who believes they will need any sort of help as they get older. Long-Term Care Insurance Coverage This type of insurance provides for assistance in common everyday activities such as eating, bathing, getting around the home, and so on. It also provides for care in those who have suffered from cognitive ailments such as Alzheimer’s or dementia. Long-term care insurance can be very beneficial when one needs specialized assistance not covered under medical insurance. Skilled care facilities such as nursing homes, physical or occupational therapy, ongoing respiratory care, or other therapies that may or may not be required every day are easily covered with long-term care insurance. Best Uses Of Long-Term Care Insurance      According to the American Association of Home and Services for the Aging, 69 percent of individuals will require some type of long-term care in their lives. This insurance coverage is ideal for those who do not fall below the poverty line or do not have enough financial resources to ensure for both their own long-term care as well as their family’s needs. Many people expect that the federal government will automatically provide full medical coverage at a certain age if there is little retirement funding left for long-term care. However, this is typically reserved for those who qualify for Medicaid. For those who have any assets at all, purchasing a long-term care insurance plan would be extremely beneficial. Timeframe For Purchasing Long-Term Care Insurance Those who are interested in purchasing long-term care insurance should plan to do so at close to 65 years old. At this age, people are able to better determine how much money they will need for their care in the future. Younger individuals may not be able to definitively discern what their financial situation will be by the time they are elderly. For more information about purchasing this kind of insurance and planning for your future, contact an insurance law...

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Beware Of Balance Billing Attempts By Healthcare Providers

Posted by on 12:46 pm in Uncategorized | Comments Off on Beware Of Balance Billing Attempts By Healthcare Providers

It’s not unusual for health insurance companies to attempt to recoup some of the money paid for medical care provided to accident victims through a process called subrogation. Unfortunately, medical professionals are taking a page out of those companies’ book and chasing after accident settlements using a method called balance billing. Here’s what you need to know about this issue so you can be prepared to fight against it. Balance Billing Explained When doctors and other healthcare providers agree to be part of an insurance company’s network, they also agree to accept the rates the company is willing to pay them. In almost all cases, these rates are less than what the medical professional normally charges. In an effort to get more money for their services, some medical professionals will bill the patients for the difference between the insurance providers’ discounted rates and what they normally charge if they know the patients are likely to be involved in personal injury lawsuits. They attempt to get this money by either billing the patients directly or submitting claims for payment against the responsible party’s insurance policy. For instance, if a doctor knows the patient will be getting money from a third-party’s auto insurance company, he or she may submit a balance bill to the insurance company as well. In either case, this practice can negatively impact your personal injury case or settlement because it can lead to you receiving less money than you would have if the medical professional had not interfered. Preventing Balance Billing Some states ban balance billing outright or in certain contexts, so it becomes a non-issue depending on where you live and/or seek care for your injuries. California prohibits emergency room doctors from billing patients for the portion of their fees not paid for by patients’ health plans, for instance. Those doctors must resolve billing issues with the insurance companies. Your plan provider may also restrict medical professionals from balance billing. For instance, healthcare professionals who accept payments from Medicare and Medicaid are prohibited from engaging in this practice with people who use this insurance. Therefore, read your plan contract to determine if this is the case and reject any bills the provider may send. Avoid signing anything from a medical professional that stipulates you will pay the person’s full fee. Some healthcare providers will make patients sign documents stating they will pay the full amount the professional normally charges before providing the patient with care. These contracts essentially create binding agreements that can be enforced in court. If your healthcare provider tries to make you sign this type of contract, go somewhere else for medical assistance if possible. There are other things you can do to prevent balance billing or mitigate its impact on your personal injury lawsuit. Contact a personal injury lawyer for assistance with this...

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Important Tips For Women Divorcing An Abusive Husband

Posted by on 10:26 am in Uncategorized | Comments Off on Important Tips For Women Divorcing An Abusive Husband

No woman ever plans to end up in an abusive marriage, but sadly, it happens a lot. If you are frightened of an abusive husband, taking steps to a successful divorce may seem daunting, especially if you worry about what he will do if he learns of your plans. For making the safest exit from the home of an abusive husband, follow these tips. Getting To A Safe Place Is Vital Before you file for a divorce, getting to a safe place is vital. Planning is extremely important to avoid bringing harm to yourself or your children, especially if your husband is hot tempered and apt to lash out at all of you when he learns of you leaving. If you have a family, discuss with them your plans. Staying with a relative that is the farthest from your husband’s home is a good idea. If you do not have any family you can turn to, contacting a local safe house is best. Most areas do have safe harbors available for battered women and their children, most of them also having in place protective security against angry, abusive spouses. You Need A Restraining Order And Temporary Full Custody Once you are in a safe place, contacting law enforcement about getting a restraining order to legally keep your husband away from you is vital. If you have children, be sure to also get an order for temporary full custody so your husband cannot turn the tables on you and say you kidnapped them. You can get an order for temporary full custody through your area’s legal aid office if you do not have the cash up front for a lawyer. If you are residing in a safe harbor home, you can also learn more about legal aid from safe harbor counselors. If you need cash and you have a joint banking account with your husband, take out half of what is in it. Leaving some will look good on you in court if he tries to say you stole his money. Start Divorce Proceedings As Soon As Possible Whether you secure legal aid or you pay for your own lawyer, starting divorce proceedings as soon as possible is important and your first step to freedom from abuse. Remember, if your husband tries to contact you by phone or in any other way, do not let him sweet talk you out of your plans. Keeping in mind the kind of abuse you have had to live with is vital. Abusers have a talent for talking their battered spouses back into coming home, a time when abuse can become extremely dangerous. Avoiding phone conversations and any other contact is best for your safety. Ending a relationship can be tough, even one that is abusive. Taking one step at a time and looking ahead to a better life can help you see more clearly the path you need to stay on. Always discuss with a legal professional (such as Kenneth J. Molnar Attorney) your concerns and questions about divorce and how to maintain your safety after it is final.  ...

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Bouncing Back After Filing for Chapter 7 Bankruptcy

Posted by on 4:17 pm in Uncategorized | Comments Off on Bouncing Back After Filing for Chapter 7 Bankruptcy

If you had filed for chapter 7 bankruptcy, you may wonder how much damage the ordeal will do to your credit in the coming years. While filing for bankruptcy is usually a last-ditch effort to remove debt, you can salvage your financial reputation for the future. Here are some steps to take after filing for bankruptcy in an attempt to stabilize your future financial outlook. Taking On the Mindset of Using Cash Over Credit As soon as you are formally informed via court that your bankruptcy status is accepted, you will be relieved of any debt you owe. While this will be a huge weight off your shoulders, the bankruptcy status will remain on your credit report for up to ten years. In this time you will need to re-establish your credibility by making sure you do not repeat the same spending habits in the future. This will require you pay for everything in cash, as credit card companies will not allow you to get a card until you become less of a financial risk. Cutting Costs to Ensure Future Bills are Paid Eliminate any expenses you do not need to survive, such as cable and telephone. Resort to the fact you will need to cook at home and give up eating out. If you rent, you may need to move to a cheaper home. Cutting costs as must as possible will ensure you are able to keep on top of any future bills in an attempt to re-establish your tarnished credit. Be diligent in your efforts to say no to expenses that could add up, leading you down the same path as the past.  Revamping Credit With a Secured Card The best way to re-establish credit after bankruptcy is by saving a lump sum of cash to use for the privilege of having a secured credit card. Wait several months after declaring bankruptcy while saving this money during this time. When you apply for and are approved to receive a secured credit card, your saved money will be put into a bank account through the credit card company to be used as a line of credit for any purchases you make. This will work much like a debit card. Ask the credit card company if it will be reporting transactions as unsecured credit before filling out an application to ensure it will work at building credit. If so, using the card will look favorable on your credit report and you will start receiving offers from unsecured cards shortly afterwards.  Paying as You Go to Eliminate Future Troubles When you are finally awarded an unsecured credit card, you will want to make sure any purchases you make are paid off immediately. Do not purchase an item without having the funds to pay for it within the following month, and pay off the card in full each time you receive a statement. It can be very easy to slip back into debt if you use credit cards regularly. If you have a choice, use cash over a card to ensure you remain in good standing with your creditors. If you’re considering filing for chapter 7 bankruptcy, consider speaking to a local bankruptcy attorney, such as Donald T Tesch, PS, to discuss your concerns and what will happen to your credit after you...

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3 Signs You Need And Attorney When You Get Injured At Work

Posted by on 11:21 am in Uncategorized | Comments Off on 3 Signs You Need And Attorney When You Get Injured At Work

If you get injured at work, you may be worried about facing a great number of consequences for the incident. You may worry about how you are going to pay for your medical expenses or feel that you may have your job threatened as you take time off work to heal. While in many cases employers are very cooperative when it comes to employee at-work injuries, there are times when hiring a personal injury attorney is your best defense to securing the finances you need to pay your medical bills and get back to work. Here are 3 signs you need an attorney for your work injury. Your employer is denying responsibility Your employer may deny responsibility for your work injury, especially if they feel they can prove that drugs or alcohol were involved in your accident or they feel you were not acting in a safe manner prior to your injury. For example, they may argue that you weren’t wearing slip-resistant shoes or that falling in the parking lot outside the building does not place them in a position to be responsible for your injury. Take your employer’s resistance to assisting with your injury very seriously because it can impact getting worker’s compensation to help pay for your medical bills or even cause you to get fired due to your inability to work. A personal injury attorney is skilled in knowing your legal rights when it comes to getting hurt at work regardless of how it happened so you can fight back and get the money you need to pay your bills. Another person is involved If your work injury is the direct result of someone else, such as someone shoving you or leaving the workplace in an unsafe condition that led to your accident, then you may need a personal injury attorney to help you determine who is responsible for your injury. In many cases, your employer is responsible for the unlawful actions of their employees, and your attorney can help you prove your case and get the compensation you deserve. Your employer is dragging their feet Even if your employer is taking full responsibility for your work injury and are working with you, it can take weeks or months to get the financial compensation you need to cover your medical bills and reimburse you for lost wages due to your injury. Hiring a personal injury attorney to file claims and ensure things are moving forward helps you stress less about covering your medical costs so you can focus on healing and getting back to work. Getting injured at work is an unfortunate thing. Luckily there are personal injury attorneys who can help you get the financial reimbursement you need to help you pay for medical bills and lost work wages so you can move on with your...

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What Happens When The IRS Issues A Bank Levy For Owed Taxes?

Posted by on 6:06 pm in Uncategorized | Comments Off on What Happens When The IRS Issues A Bank Levy For Owed Taxes?

If you owe back taxes to the Internal Revenue Service, or IRS, there is a possibility that the agency could issue a levy on your bank account. When this occurs, the agency has the right to take all of the funds from your account and apply them towards the taxes owed. If you have been notified that a levy is going to be issued, here is what you need to know.  When Is the Levy Issued? A bank levy is usually not issued until the IRS attempts to collect the debt from you. During that time, the agency is open to negotiate on the amount owed and willing to accept a payment plan to take care of the back taxes.  The IRS CP-504 notice is the first notice you will receive that the agency intends to issue a levy. It is likely you will receive several of these notices. If you have not taken care of the taxes within a time outlined in the notices, you will receive a CP-1058 notice. The notice is considered a final notice. At that point, the agency has issued the levy and is notifying you of this action. What Can You Do? Ideally, when you receive the CP-504, you should contact the IRS. It is possible that the agency might still be open to negotiating on what is owed. You might even be able to set up a payment plan to pay off the taxes owed. It is important that you keep up with the payments. A missed payment could trigger action from the IRS.  You can also request a Collection Due Process, or CDP, hearing.  What Is a CDP Hearing? The CDP hearing is conducted by an impartial officer. During the hearing, you can present the case for why the IRS should not be allowed to issue a bank levy. To request the hearing, you must submit IRS Form 12153.  When the request is received, all actions by the IRS are temporarily placed on hold until the hearing is held. It is imperative that the form is completed correctly. If not, it could be rejected and the IRS could still take action against you.  Consult with a tax attorney to explore your options for dealing with a back owed debt before the IRS takes action. If you have already received notice of a levy, the attorney can help you negotiate with the IRS and even attend the CDP hearing with you if your case reaches that...

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Think Before You Post: What You Put Online Can Lead To Jail Time

Posted by on 10:27 am in Uncategorized | Comments Off on Think Before You Post: What You Put Online Can Lead To Jail Time

A lot of people think that their right to free speech is broader than it really is, and in this age of electronic messaging and personal expression through social media, it is very easy to get yourself into trouble through mere words. For that matter, it doesn’t always take words to land you in court. Before you hit “post” on your favorite social media site, learn how a picture can be worth jail time. Expressing yourself with emoji. Emoji — those little pictographs and smiley faces that are used in text messages and on social media to convey a user’s thoughts and feelings without the need for a drawn-out message — were recently involved in the arrest of a Brooklyn teenager for making terrorist threats against the police. His actions included posting emoji images of guns pointed at the head of an emoji policeman on his social media page. Making a threat of physical harm against another person — even when you don’t intend to carry it through — is a criminal action. Terrorist threats usually go beyond ordinary criminal threats, in that they are designed to affect either a large group of people or are directed at the government — in this case, in the form of the police. Posting the wrong photo of your pet. A lot of people use their social media sites to post pictures of their pets. Most of the pictures are of the dogs and cats being cute, but it can be funny to see the results when pets misbehave as well. Whole websites are devoted to “dog shaming” photos that expose pets behaving badly. However, some people take the idea a little too far. In a show of questionable judgment, a North Carolina woman posted a photo of her dog with his mouth taped shut for barking too much. A huge online outcry arose and she was subsequently arrested and charged with animal cruelty. Poking the wrong person. An online “poke” is represented by a little hand with its finger extended. It’s meant as an informal “hello” or a way of saying that you’re thinking of another person. Sometimes, however, it’s better to keep your thoughts to yourself. A Tennessee woman who used social media to “poke” an acquaintance. Unfortunately, she and her acquaintance were on less-than-friendly terms — and the poke actually was in violation of an order of protection that prohibited her from communicating with or contacting the other woman. The odds are good that she didn’t realize that her non-verbal poke would land her in jail, or she wouldn’t have done it. If your use of social media has gotten you into trouble, contact an attorney, like those at the Law Offices Of Jerald Silvia, right away for...

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Filing For Bankruptcy? 4 Moves That May Jeopardize Your Case

Posted by on 1:19 pm in Uncategorized | Comments Off on Filing For Bankruptcy? 4 Moves That May Jeopardize Your Case

Filing for bankruptcy may be the hardest decision you’ll ever make. You’ve worked hard to get where you are in life. Unfortunately, unforeseen circumstances such as divorce, unemployment or life-threatening medical conditions can destroy your finances in a heartbeat. If you’re faced with mounting debt and you’ve tried everything else –including debt consolidation and family assistance – bankruptcy may be your only option.  However, there are some things you can do that will jeopardize your chances of having your debts discharged. Here are four things you should never do while you’re going through bankruptcy. Apply For New Lines of Credit If you’ve already filed for bankruptcy, you should avoid applying for new lines of credit. You’ll need to list all of your creditors on your bankruptcy forms. The judge may question why you applied for new credit when you knew that you didn’t have the financial ability to pay the bills. In addition, once those creditors find out that you’ve filed for bankruptcy protection, they can go to court and request an exemption – which would require you to repay the debt if it was approved. To avoid problems, don’t apply for new credit until after your bankruptcy has been discharged. Give Away Personal Property If you’re like most people who file for bankruptcy, you want to keep as much of your personal property as possible. However, giving your property to family members is one of the biggest mistakes you can make. If you’re caught giving away your personal property prior to filing for bankruptcy, it can jeopardize your case. Here are a few of the things that can happen if you get caught hiding or giving away your property. Debts won’t be discharged Previously obtained discharge can be revoked You could face criminal charges Use Your Retirement Funds Your retirement accounts are exempt from bankruptcy seizures. That means that money in your retirement funds cannot be used to satisfy debts that are being discharged through bankruptcy – unless you dip into the accounts. If you have a retirement fund, don’t dip into it to repay debts. As soon as you use any of the proceeds from your retirement accounts, your bankruptcy trustee can use those assets to pay down your debts. Protect your retirement. Resist the temptation to use those funds while your bankruptcy case is still open. Move Out of the Family Home If you own your home, you may be worried that you’ll automatically lose it once you file for bankruptcy. Luckily, that isn’t always the case. You may be able to keep your home, even if it’s in foreclosure. The important thing to remember is that you must continue living in the home. As soon as you move out, you forfeit your right to retain ownership. If you’re about to file for bankruptcy, don’t move out of your home If bankruptcy is the only option you have to getting out from under your debt, don’t make mistakes that could jeopardize your case. The information provided above will help you avoid costly mistakes. Before you file for bankruptcy, be sure to speak to an attorney at They can help you navigate the bankruptcy laws so you can regain your financial...

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Leaving Your Spouse Because Of Adultery? Remember These Tips

Posted by on 7:40 pm in Uncategorized | Comments Off on Leaving Your Spouse Because Of Adultery? Remember These Tips

If you are divorcing your spouse because he or she cheated on you, you might not know how to proceed. Dealing with the effects of adultery can be traumatizing, but there are a few important tips that you should remember. These things will help you ensure that your case goes well and that it goes in your favor as much as possible. Remember That Two Wrongs Don’t Make a Right It can be easy to want to “get back” at your spouse for cheating on you by doing the same thing. Plus, if you know that the marriage is going to be over soon anyway, you might want to move on as soon as possible. Either way, you should remember that two wrongs do not make a right. If you commit adultery against your spouse — even if he or she did it first — it can affect your divorce hearing. You should refrain from this type of behavior until your divorce has been finalized. Tell Your Lawyer Everything Telling your divorce attorney all of the nitty gritty details about your relationship with your spouse is not an easy thing to do. You might feel embarrassed about telling your lawyer about the cheating or other issues that went on in your marriage, but you need to discuss these things now. If your spouse cheated on you, there is a chance that any prenuptial agreement that you have in writing is void, and there are other ways that you could benefit during the final divorce agreement. To ensure that things happen as they should, you need to tell your lawyer everything. Gather Evidence When You Can If it’s possible for you to gather any evidence of your spouse’s cheating, you should do it. Pictures, phone records and witness statements of people who have seen it can all serve you well in court. You can even hire a private investigator to help you with finding proof of your spouse’s cheating if you don’t have any evidence but have reason to believe that something is going on. If you have evidence, you can give it to your lawyer and present it in court if necessary. Leaving your spouse because of adultery can be one of the toughest things that you’ll ever go through in your life. If you handle your divorce the right way, however, you can ensure that things go as well as possible for yourself. For more help, contact professionals like Granowitz, White & Weber Attorneys at...

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