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Secret Judges???
Posted by: Michael Tonder
May 03, 2012
Topic: Social Security Disability

Social Security recently changed its policy and no longer discloses the name of the Administrative Law Jude prior to the day of the hearing. How can this affect a claim? Hopefully, the claimant's attorney has built a relationship with the different Administrative Law Judges at the local Office of Disability Adjudication and Review. Through experience, an attorney knows that different Administrative Law Judges perform hearings in different ways. Some talk the whole hearing, others barely say a word. Some are very friendly while others can be intimidating. Some are willing to order post hearing examinations and others are not. Not knowing who will be deciding the case makes it difficult to prepare; however an experienced disability attorney usually has presented cases before all the Administrative Law Judges at the local ODAR and knows how to prepare the claimant for anything that could happen.

If you have a case pending before a local ODAR, I suggest you contact an experienced local attorney to help you with your claim.

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BEWARE OF HIDDEN PITFALLS IN LIABILITY RELEASES
Posted by: Siebert Dereck
April 30, 2012
Topic: Personal Injury

An injured person in auto accident claim will be asked to sign a release agreement with an insurance company if a settlement has been reached. Common clauses in release agreements include "release all other persons or parties" and "indemnify for all liens related to the accident".

In the first clause, releasing all other persons or parties can prohibit your ability to bring a claim against a different tortfeasor or your own insurance carrier as both are considered "all other persons or parties". An experienced attorney can negotiate the terms of this clause to limit the release to include only the party you are releasing from the claim.

The second clause involves indemnification. Indemnification is when a third-party (usually health insurance or your own insurance carrier's MedPay payment) pays for your medical bills and seeks repayment from your personal injury settlement. The common clause in a release agreement is overbroad when it includes "all liens related to the accident". This is because you may not be the only person who has liens as a result of the accident. This language would hold you responsible for liens that may be incurred by other parties. An experienced attorney can negotiate with the insurance company to limit that clause to only include the liens that you have as a result of the auto accident.

These are common examples of the hidden pitfalls in settlement release agreements. However, by having an experienced personal injury attorney review your release agreement, you can avoid these traps.

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Will I have to pay taxes on my Social Security disability benefits?
Posted by: Brooke Thomas
April 13, 2012
Topic: Social Security Disability

With taxes due in only a few short days, it brings to mind an important question: will you have to pay taxes on your Social Security disability benefits?

Like so many other things with Social Security, there's no simple yes or no answer. The basic guidelines are as follows:

Some people who get Social Security have to pay taxes on their benefits. About one-third of our current beneficiaries pay taxes on their benefits. You will be affected only if you have substantial income in addition to your Social Security benefits.

• If you file a federal tax return as an "individual" and your income is more than $25,000, you have to pay taxes.
• If you file a joint return, you may have to pay taxes if you and your spouse have a combined income that is more than $32,000.
• If you are married and file a separate return, you will probably pay taxes on your benefits.

Addition information is available in SSA Publication No. 05-10153. For more information, you can contact the Internal Revenue Service.

If you are disabled and receiving Social Security disability benefits and you have questions about what taxes, if any, you may owe, you should contact an experienced accountant for additional help.

If you are disabled and need help getting approved for your Social Security disability benefits, please do not hesitate to contact one of the experienced disability attorneys at our firm for help.

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What is a DRO hearing?
Posted by: Michael Tonder
April 05, 2012
Topic: Veterans Disability Benefits

When a veteran appeals a rating decision he or she can opt to have a Decision Review Officer (DRO) review the appeal prior to the Board of Veterans Appeals reviews the claim. Sometimes, the DRO will schedule an informal hearing with the veteran to hear the veteran's side.

What happens at a DRO hearing? A DRO hearing is very informal. The DRO usually introduces herself, swears in the veteran, then talks to the veteran about the issues appealed. This conversation is recorded. The rules of evidence do not apply. In my experience, the DRO will let the veteran tell his side of the story and will ask questions only when clarification is needed. Sometimes the DRO will tell the veteran at the end of the hearing what the DRO plans to do, or what is needed to help the veteran's claim.

After the hearing, the veteran will either receive a new Rating Decision or a Statement of the Case. Both have specific instructions on what to do next.

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Are MedPay Premiums a Waste of Money?
Posted by: Siebert Dereck
March 27, 2012
Topic: Personal Injury

Whether in Mobile, Alabama or in Los Angeles, California, you can Google "MedPay Premiums" and find quick positives and negatives of coverage. However, the important question to ask is how MedPay affects you in your personal injury claim.

MedPay is insurance you purchase with your automobile insurance carrier that acts as a primary payer for medical bills related to an auto accident you are in. This can include situations where you are the driver, passenger, or pedestrian who is injured as a result of an automobile collision.

You need to be aware that insurance companies that provide MedPay have subrogation rights. This means your MedPay provider will demand that they get repaid from your personal injury settlement. This is almost always the case, with the lone exception occurring when an injured party receives the policy limits from the insurance company. The good news is that an attorney can often reduce the amount owned to the MedPay carrier.

If you have insurance with Medicare or Medicaid, it is important to understand that both will only pay medical bills on your behalf after your available MedPay benefits are exhausted. However, in the event that MedPay does not first pay the medical bills, Medicaid and Medicare will want full payment from MedPay. When this scenario arises, this cuts into the amount you receive as a settlement with the insurance company. This is where (and why) an attorney's help is necessary. An attorney can help negotiate and reduce the amount Medicaid and Medicare is entitled to receive and increase the bottom line for their clients.

The best case scenario for MedPay is when you do not have any other health insurance. In this scenario, it is appropriate to carry a high level of MedPay to protect you in the event of an injury.

Lastly, it is important to understand the impact MedPay may have with regard to your Underinsured/Uninsured Motorist coverage. First, UIM/UM coverage is additional insurance you can purchase with your insurance carrier in the event you are involved in an accident with someone who has no insurance or not enough insurance to cover your personal injury claim.

Several insurance companies have policy language that will impact your UM/UIM settlement if you have already received MedPay from the same incident. These insurance companies will reduce the amount of money they pay you in a settlement by the amount of money they provided you with MedPay. Essentially, if you have $5,000 in MedPay and you had a possible claim for $10,000 with your UM/UIM carrier, your net settlement will be reduced to $5,000.

While the circumstances differ from person-to-person and case-to-case, it is extremely important to have an attorney work with your personal injury case, especially as it relates to MedPay. The insurance companies can and will take advantage of confusing situations and an attorney can help.

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