Why You May Have Been Denied Disability Benefits And What To Do Now

Why You May Have Been Denied Disability Benefits And What To Do Now

Although there are many difficult situations that individuals will have to deal with during the course of life, being denied disability can be particularly difficult. Yet by learning more about this process and what can be done about it, people who have been denied disability can gain experience and understanding that helps them attain the economic assistance they need. Here are six reasons why you may have been denied disability benefits and what you can do about it:

Problems With Forms

One common reason that leads to individuals having their disability application denied is filling out forms incorrectly. Whether you omit an important piece of information or enter a sequence of numbers incorrectly, these mistakes can cause your application to be denied. One thing you can do to ensure that your form is filled out correctly is reapply with the assistance of a Social Security attorney who is trained in these matters. A professional can help guide you through the legal process so you don’t miss any important steps, says Social Security disability lawyers in Chico, CA.

You Make Too Much Money

In many cases, individuals who apply for disability are denied because their income exceeds the limit which would indicate to reviewers that you are significantly disabled. The exact figure that constitutes too much income is adjusted regularly, so be sure to monitor this rate before you apply for disability. If you make more than the rate, consider downgrading from a full-time to part-time job, or even different work altogether to help meet your needs.

Your Disability Won’t Last Long Enough

It is often the case that individuals who seek disability benefits do not attain them because application reviewers do not perceive the disability to be severe enough. Specifically, if your disability isn’t deemed severe enough to cause you to be unable to perform substantial work for at least twelve months, you may not be granted the disability benefits you seek. If you think your disability is substantial and that this is not being taken into account, you may want to speak with an attorney regarding how you can build a case to ensure you attain the benefits you seek.

You Cannot Be Located

In order to determine whether you are eligible for benefits, company representatives must be able to reach you in order to discuss the information you’ve listed on your application. If you cannot be reached for the purpose of communicating about your application or scheduling an examination, you may be denied benefits. To prevent this from happening, make sure that all of the contact information you list on the application is up to date and accurate.

Not Complying With Additional Requests

As many disability experts know, releasing your medical records can be an integral aspect of ensuring that you attain the disability benefits you want, meaning that representatives need to access this information to determine your eligibility. Additionally, you may be required to have an examination by a doctor in what is termed a consultative examination (CE), which would be paid by the government. Oftentimes, disability applicants find these requests inconveniencing or invasive and refuse to comply with the requests. If you refuse to comply, you may not be granted disability benefits. To avoid this type of situation, communicate with your claim examiner regarding all of the options you have when a request such as release of medical records is made. If the examiner will not accept alternate documentation, do your best to comply with the original request.

Your Disability Is Based on Alcoholism or Drug Addiction

If you apply for disability benefits and the examiner believes that drug addiction or alcoholism is a factor that contributes to your disability, your application may be denied. To avoid this problem, you will need to be able to indicate that you would still be disabled even if you ceased using alcohol or drugs.

Although being denied disability benefits can be a difficult issue to grapple with, it doesn’t have to be. By reading the information listed above, you can develop strategies to ensure that your disability application will be accepted.

This article is courtesy of Anita Ginsburg, a freelance writer from Denver who often writes about home, family, law and business. A mother of two, she enjoys traveling with her family when she isn’t writing.

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Medical Malpractice: Everything You Need to Know about the Dangers and Your Rights

Medical Malpractice - Everything You Need to Know about the Dangers and Your Rights

The world can sometimes be a dangerous place, and injuries and illness sometimes strike when you least expect them. But thanks to advances in medical science, many conditions can be addressed safely and effectively. As a result, people typically expect that when they put their welfare in the hands of a medical professional, the outcome will be a positive one. However, this is not true in all cases. Sometimes, even skilled and experienced medical professionals can make mistakes or careless errors. Such errors can cause serious harm and even death. Because of the serious consequences, the law provides a remedy for those injured — not as a result of circumstance, but where a healthcare provider’s negligence caused the harm — in the form of medical malpractice lawsuits.

What Exactly is Medical Malpractice?

Medical malpractice does not cover everything that goes wrong in a medical setting, but only those incidents that result from professional negligence. Professional negligence is defined differently from negligence in a legal sense, and refers to treatment that does not meet the accepted standard of practice in the local medical community. Both taking action and failing to take action can result in medical malpractice, depending on the circumstances. In all cases, the act or omission that failed to meet the appropriate standard of care must have actually caused the patient harm.

What Can I Do if it Happens to Me?

Even if a course of events that would qualify as medical malpractice, compensation is not just automatically awarded, however. In fact, the patient has a substantial amount to prove to the jury before an award can be granted. Because of the complexity involved in establishing elements such as the appropriate standard of care and the link between the healthcare provider’s act and the eventual harm, it is vital to have an experienced attorney representing a plaintiff in court. This need is exacerbated by the fact that healthcare providers carry malpractice insurance, so you will likely face an experienced, skilled team of attorneys from the insurance company. Having a family attorney you can rely on is also helpful in terms of creating a successful litigation strategy and hiring expert witnesses in order to give you or your loved one involved in the malpractice suit the best chance of winning.

The End Result

Success in a medical malpractice action obviously cannot undo the harm caused by the medical error. But it can go a long way toward re-establishing a normal life. Plaintiffs in a malpractice action can secure compensation for physical and psychological harm, medical expenses, lost wages, pain and suffering, and future life care expenses. The harm from medical malpractice can be severe, so asserting one’s rights is important. Only an experienced attorney or family lawyer can provide an accurate assessment of a potential medical malpractice case and offer advice on how to proceed, so contacting a lawyer is crucial. Information for this article was provided by a professional from The Defence Lawyer, an Edmonton assault lawyer who assists those who need criminal defense.

This article was written by Dixie Somers, a freelance writer who loves to write for business, finance, women’s interests, or home and family. Dixie lives in Arizona with her husband and three beautiful daughters who are the inspiration for her writing.

 

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Living the Snowbird Lifestyle

shutterstock_181935611_2This article is from Sarah Kelly, a retired nurse, RV fanatic, and Twitter pro.

If you need a good reason to go south for the winter (or spring even!), look at Michigan’s average January temperature. At 12 degrees, the state is seeing its 10th coldest year of the last 120 years. Heck, even March had a 14 degree day! It is not just Michigan, though. Many states have seen uncommonly cold temperatures so far in 2014. Being a snowbird is more than escaping the cold. For most, it’s about flying free.

Renting Or Buying Your Nest

The stereotypical snowbird is one who simply wants to get out of the harsh winter weather. They pack three months of clothes and head down south without any inkling to turn back and wave goodbye. If this is going to be a yearly thing, the rent or buy dilemma will naturally arise.

If you can see yourself living in the same place for a minimum of three months every year with the possibility of retiring in said area, buying makes the most sense. With real estate prices relatively low, there are some great deals available in certain areas. In 2012, about one-third of vacation home buyers purchased because of a good deal, according to Market Watch. For the more adventurous types who enjoy exploring new areas, leasing is an option. Most vacation rental companies have a medium lease department specifically for the snowbird.

Wheels Are The New Wings

Some take on the second half of life with gusto. They want to travel, explore and live. There are no long-term houses, rented or purchased, for them. These are the people who hop into anything with wheels and hit the road. There are cancel anytime lease programs that offer them the flexibility of leasing a car, going anywhere you want and dropping off the car when they are done with few restrictions.

If you are driving, bring your house with you. Every year more than one million people get into their RV and head south and they do this without breaking the bank. The average income of an RV owner is $62,000. If you really want to travel and feel the sun on your face, trade the RV for a motorcycle. There are motorcycle clubs throughout the nation that focus on the snowbird’s open road experience. Some of these clubs have specific purposes or missions while others are just in it for the travel. RVs, motorcycles, cars or trucks all give the snowbird the opportunity to get out of town and into warmer pastures.

Migration With Chutzpah

Sitting in a house in Indiana looks a lot like sitting in a house in Arizona. However, there are some people who just get sick at the idea of being inactive. They want to get out there and do things. Some even get jobs. AARP lists out some great jobs for the snowbird that will allow them to meet people, enjoy the warm weather, and participate in the community. They might even make a little money on the side! Some of these jobs include Disney cast member and car transporter. These are not careers, but opportunities to do something few people can say they have ever done. It isn’t the snow that makes a snowbird. It is the stories they gain while traveling and experiencing life at its fullest.

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What Happens After Filing for Bankruptcy?

If you are stressed due to high levels of debt, it may be in your best interest to file for bankruptcy. A bankruptcy attorney can work with you to assess the options available that can help you deal with debt. Bankruptcy attorneys can also help you prepare for your bankruptcy case if you ultimately decide to pursue this route. After you file for bankruptcy, here are some of the steps that you will continue to take.

1. Attend the 341 meeting of the creditors.

After your attorney files the required bankruptcy paperwork for your case, you will need to attend the 341 meeting of the creditors. This part of the bankruptcy case should not stress you out. You will need to attend this meeting and only stay for 10 to 30 minutes.

2. Attend a financial counseling course.

You will also need to attend a state-approved financial counseling course. The financial counseling course will help you to learn how to make a budget and develop better habits for the future. The financial counseling course usually takes a few hours to complete.

3. Attend hearings as scheduled by the court.

The bankruptcy court may schedule hearings as needed to review the schedules that have been filed in your case. Additional hearings may also be required if creditors challenge the discharge of your debts. You will need to be present at all of these hearings, but an attorney like those from the All Family Law Group, P.A., will be present to support you. A bankruptcy attorney will represent your side of the case and advocate for your interests in front of a judge.

4. Receive the bankruptcy discharge so that your debts can be resolved.

Ultimately, the goal of filing your bankruptcy case is so that you can receive the discharge of your debts. If the judge is satisfied with all of the documents that have been filed for your case, he or she will approve the discharge of your debts. For a Chapter 7 bankruptcy, you can expect to receive a discharge of your debts within three to six months if the judge is satisfied with the paperwork filed in your case. A Chapter 13 bankruptcy will take three to five years to complete due to the fact that you use a payment plan to repay creditors.

If you have any questions about filing for bankruptcy, you should meet with an attorney to discuss your case. A bankruptcy attorney can serve as a great source of support and legal advice for your case.

This article is from Annette Hazard. She is a freelance writer who usually writes about business, home, and financial issues. She is a mother of one and currently resides in Illinois.

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DUI: Getting the Right Defense When You Need It And Know Your Rights

Even senior citizens do dumb things. You’d think we’d know better by now, but it is not rare for an older person to drink and drive. Here is some good information in case you get stopped for a DUI.

DUI Getting The Right Defense When You Need It An Know your Rights

If you get pulled over for a DUI, you could be facing serious consequences. Therefore, you need to know your rights and take the right steps to help you get either a reduced sentence or have the charge against you dismissed completely. What are the steps that you need to take after you have been taken into custody and charged with DUI?

1) Remain Silent

The worst thing that you can do is to admit that you have been drinking or are under the influence of anything when you are pulled over. While a breath or blood test could be disputed in court, it is hard to dispute your own words.

2) Get Bailed Out as Soon as Possible

Many people who have been charged with DUI are eligible for bail. This means that you can be released from jail in exchange for a fee set by the judge in your case. If you or a friend cannot afford the entire bail, you may be able to post bond and pay only 10 percent of the bail amount.

3) Hire a Lawyer

It is critical that you hire a lawyer to help you fight your case. In a DUI case, you are going to need someone who understands the nuances of the law and the criteria that police officers must abide by when determining if a driver was under the influence at the time of a traffic stop.

4) Assess the Evidence Against You

You and your lawyer should go through the events that lead up to your traffic stop to see if there is a legitimate case against you. If you took medicine or took cough syrup before you started driving, that could trigger a false positive. That is something that you could use to defend yourself in court.

5) Make Sure to Make All Required Court Appearances

Make sure that you make all required court appearances and abide by any other conditions set forth by the court until your case is resolved. Showing that you take your case seriously can work in your favor if you are pursuing a plea agreement or any sort of leniency in your case.

If you have been charged with DUI, it is not a guarantee that you are going to be convicted. However, you should hire a lawyer who can help fight your case in the hopes that you face few if any consequences in your case.

This article is from Marlena Stoddard, who writes on health, parenting and everything in between. Originally from Senoia, GA, Marlena lives in Santa Rosa, CA with her husband and two children. When she isn’t spending time with her children or writing, Marlena enjoys hiking and photography, animals and painting. For more on Marlena, you can follow her on Google+.

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Featured Link — Seven Questions To Ask When Searching for Assisted Living

I have mentioned ProPublica before, but here is another great, and short, article from the people there. Seven questions to ask before choosing an assisted living facility. Check it out. Here is the introduction:

Finding reliable data on assisted living isn’t easy. Federal and state statistics can be hard to come by, and it’s often simpler to search for restaurant reviews on Yelp than it is to locate ratings and reviews for a local assisted living facility. So where do consumers begin if they’re considering sending a loved one to assisted living? We put that question to several experts. Here is what they had to say.

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VA Pays Out $200 Million for Nearly 1,000 Veterans’ Wrongful Deaths

In a ten-year period, the Department of Veterans Affairs has had to pay a huge amount of money to the families of veterans who died as a result of medical malpractice by VA hospitals or doctors.

HealthServices

This shocking information was detailed in an online article. Here are excerpts:

In the decade after 9/11, the U.S. Department of Veterans Affairs paid $200 million to nearly 1,000 families in wrongful death cases. The data is presented as obtained by The Center for Investigative Reporting using the Freedom of Information Act.

In that time, CIR found the agency made wrongful death payments to nearly 1,000 grieving families, ranging from decorated Iraq War veterans who shot or hanged themselves after being turned away from mental health treatment, to Vietnam veterans whose cancerous tumors were identified but allowed to grow, to missed diagnoses, botched surgeries and fatal neglect of elderly veterans.

In a written response to questions, agency spokeswoman Victoria Dillon said that while “any adverse incident for a veteran within our care is one too many,” the wrongful deaths identified by CIR represented a small fraction of the more than 6 million veterans who seek care from the agency every year.

“It’s not enough for VA to simply compensate the families of those who died,” said Rep. Jeff Miller, R-Fla., chairman of the House Committee on Veterans’ Affairs. “In order to provide real closure for those struck by these heartbreaking preventable deaths, VA needs to hold fully accountable the employees who allowed patients to slip through the cracks.”

Independent legal analysts say the nearly 1,000 wrongful death payments in the decade after 9/11 represent a small percentage of the veterans who have died because of malpractice by the Department of Veterans Affairs.

Unlike the private sector, where survivors can file cases in state and federal court and often win large punitive damages, families of patients who die under VA care must exhaust a monthslong administrative review process before filing a lawsuit. Even if they succeed, families can win only actual and not punitive damages from the federal government.

As a result, lawyers are reluctant to take cases, and many families never file – or see a dime.

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Seniors — Is Your Computer Running Windows XP?

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More and more senior citizens are using computers for e-mail, games, and other other purposes. My mother is in her 90′s and is on the computer every day.

But as we age, we lose the techno-lust that some younger people have. We don’t need or want the very latest gadgets or most powerful computers. We tend to get comfortable with something we’ve learned, and we just stick with it.

That’s fine, normally. But if you’re using an older computer running the Windows XP operating system, you could be opening yourself to security problems in the near future.

Yesterday, April 8, 2014, was the final day that Microsoft will provide support, including security updates, for the Windows XP operating system. That means older computers will be more susceptible to viruses and other issues.

The good news is that you have several options. The easiest might be to just buy a new computer, as cheap as they are these days. Or you can visit the Microsoft Web site AmIRunningXP.com. That site will tell you whether your computer is using XP, and what you should do if it is.

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What A Social Security Disability Attorney Can Do For You


What A Social Security Attorney Can Do For You

Most claimants awarded Social Security disability had a Social Security attorney working with them, helping them develop a sound claim. Sixty percent of claimants get rejected the first time they apply for Social Security. There are several things a Social Security lawyer can do for you. A Social Security attorney can provide guidance and help you explore the options available to you.

Secure backpay

Backpay is an issue that many claimants are concerned with when pursuing a claim that could take years to resolve. It can be difficult to prove the beginning of the disability in a satisfactory manner. The Social Security Administration carefully scrutinizes these claims, so it is hard to prove that you are entitled to backpay without professional representation. Your attorney can prove the start of the disability and help you get the entitlements you deserve based on the onset date.

Can pull medical records

What if you were disabled due to a back injury? Your claim could be in jeopardy if you are relying exclusively on chiropractic records to prove your claim. Individuals who are relying on these records will encounter challenges because the court does not recognize the chiropractor as an “acceptable medical source.” An experienced professional can help you identify which medical records will add weight to your claim, according to Richard A. Whitaker, a Vallejo social security disability attorney.

Expedite claim in manner most convenient for you

If you are denied for a claim, you wouldn’t be in the minority. Most people have their initial claims rejected the first time around. Many Social Security applicants have physical challenges that make it hard for them to get around. An attorney can advance your claim without you being physically present by getting you a favorable decision on the record. Your attorney can handle the logistics of a case without you being there, a major benefit to the patient who has a hard time getting around.

Get all that is due to you

How do you know what all you are entitled to? Many claimants will have a harder time proving their claim without a reputable attorney. These attorneys can make sure that all of your payments are calculated correctly. In some cases, your SSDI attorney can help you navigate the process of getting the Medicaid or Medicare payments owed to you.

The average person lacks the expertise required to file a successful claim on the first attempt. Failure in filing the claim successfully for the first time increases chances of rejection and can result in your claim being tied up for years. The attorney represents the client in court to present the claim for Social Security benefits effectively. A Vallejo Social Security disability lawyer can help you keep your claim on track and maximize your benefits.

This article is from Savannah Coulsen, a freelance writer. She lives in Long Beach. Savannah loves to read and write and she hopes to write a novel someday. Savannah also loves learning and is a self-proclaimed health guru.

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The Dreaded Decision: How to Know If It’s Time to Get Your Elderly Parents Extra Help

The Dreaded Decision - How to Know If It's Time to Get Your Elderly Parents Extra Help

No one wants to think that their parents have reached a stage in life that they are unable to take care of themselves. Unfortunately, most of us will one day face this dreaded reality. You may wonder how to know when it’s time to get your elderly parent extra help or when they may need to leave their home. The answer is different for everyone, but here are some signs on which to base your decision. If you’re debating over this difficult decision, read ahead for a few signs that will indicate whether or not your aging parent might need a little extra help.

Red Flags

If you’re seeing increased accidents or calls that are too close for comfort, that’s a bad sign. When an aging parent is having falls or other accidents that endanger their well being, they may be ready for assisted care. Also, if he or she is constantly sick or slow to recover from an illness, it may be a sign that long-term medical care is needed. Finally, if mom can no longer perform daily tasks such as dressing herself, preparing meals or cleaning the home, action may need to be taken on her behalf. Isolated incidents aren’t always cause for concern, however, if these things are repeatedly and frequently happening, it may be time to seek some outside help for your parent.

Physical Signs

Look for physical clues that let you know some of the red flags may be an issue or eventuality. Dramatic changes in weight, either a gain or loss, may indicate a problem. Illness or depression, as well as the inability to cook or forgetting to shop may be causes for weight loss. Weight gain can often be attributed to poor eating habits, diabetes, injury or dementia. Body odor is another sure sign an elderly adult is having trouble caring for him or herself. Hygiene issues are generally easier to notice, however the weight gain or weight loss might not be detected until it is too late. If you visit your parent’s home you can see what type of food they have in the cupboards and fridge, and get a better idea of their eating habits.

Complicated Medical Care

If your aging parent has recently had surgery, has extreme difficulty getting around, is on numerous medications, or even requires shots and other medical equipment on a daily basis—this might be too much for them to handle. It might be hard to detect how well your parent is handling their personal health unless you spend a lot of time with them, especially in their home. Do they have a hard time checking their blood sugar levels? Do they often forget to take their medication or forget which one to take when? If your parent has significant medical needs, they might be past the age where they can handle their medical care on their own. If this is true, you might consider hiring a nurse who can help your parent attend to their medical needs so that their conditions don’t worsen.

Signs of Withdrawal

It’s natural for people to have fewer friendship and social contact as they age. However, if your loved one no longer wants to leave the house or interact with others, this may be cause for concern. Social withdrawal could indicate depression. In any case, an important social consideration is whether mom or dad has someone to look in on them. Whether that’s you, a sibling or a neighbor, having regular contact with others is not only a safety concern, it’s important to their social development.

These are merely a few of the most noticeable things to evaluate when considering whether your parents need to consider assisted living or other kinds of help. It is possible that your parents may not need to leave their home at this point, depending on the extent of their issues. It’s a good idea to bring in a geriatric social worker or other professional to assess your family’s individual situation. As your parents age, it becomes a sensitive and emotional situation for the entire family. You experience the difficulty of coming to the realization that your parents are getting old. Your parents have to deal the reality that they can no longer get around like they used to and may no longer have the ability to care for themselves. Look into all options possible before talking to your parents about the issue, and allow their input when deciding the best options for their care in the future. Information for this article was provided by the medical professionals of Red Cell Medical, who provide Male Luers, along with other customizable medical supplies.

This article was written by Dixie Somers, a freelance writer who loves to write for business, finance, women’s interests, or home and family. Dixie lives in Arizona with her husband and three beautiful daughters who are the inspiration for her writing.

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