If You Don’t, Who Will?

Personal Injury

Filing A Social Security Disability Claim

Posted by on Jul 27, 2016 in Personal Injury | 0 comments

If you are attempting to file a social security disabilities claim, you are doing so in order to attain the support that you need in lieu of being unable to work; however, working through the application to do so can become so overly-complicated, it feels like a job itself. This can be highly disheartening when the benefits you need to support yourself and your family are out of reach due to nothing more than a lack of understanding of the system on which it operates on.

The benefits that you seek through a Social Security Disability claim are critical to the upkeep of you and your family’s well being.

Common Application Mishaps

According to its annual report, the Social Security Administration received upwards of 2.5 million applications for the program in 2015, but the unfortunate reality is that more applicants are denied than granted the benefits they are applying for. Although there is the option to take your claim case to a hearing upon denial, the waiting process to actually appear in court can take up to a year or longer. Why are so many applicants denied? One chief reason is simply due to incorrectly or insufficiently filled out applications. The SSDI places a great deal of responsibility on the applicant to get it right the first time and to send all necessary materials to the right people. Failure to do so will quickly push your application to the denial pile. Some common pitfalls of applicants are:

  • Not including enough (recent) medical records proving your disability
  • Not attending the doctor regularly in the months leading up to application so as to have recent medical records
  • Not re-submitting medical records with the second packet of forms that is sent to you after you turn in your application to avoid being waylaid
  • Not obtaining an RFC (Residual Functional Capacity form) from your treating doctor, which is needed before you can be approved
  • Not acting within two months in requesting an appeal upon denial

These are only some of the few more broad, hard to miss type of mistakes that exist to be made throughout the application process- there are many more tedious details that, unless you know exactly what you’re doing or have experience filling out the form, you are sure to miss or complete incorrectly, resulting in denial.

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Changing Child Restraints after an Accident

Posted by on Nov 1, 2015 in Personal Injury | 0 comments

As stated on the website of the Hankey Law Office, a company focusing on personal injuries, regardless of how defensively we may drive, there are various ways the actions of others could cause a vehicle wreck and leave victims facing a multitude of difficulties in the aftermath of an accident.

Accident rates that are recent imply that each person is likely to be concerned about 4 injuries in their lifetime. There are millions of injuries every year. Hundreds of thousands are hurt, and hundreds of these injuries are severe. Actually, in accordance with the most recent data, of the close to 6 thousand documented accidents in the year 2012, the NHTSA says 644,000 were killed in these injuries and that more than 6,000 passengers were hurt. Fortunately, injury rates and the cheapest vehicle incident death are some of the youngsters ages under and 9. Most the reduced prices might be attributed to child safety limitations. Nevertheless, after a collision, lots of people do not comprehend why these limitations may have to be replaced.

Based on the NHTSA, it is recommended that child-safety restraints be changed after an accident that is considered to be moderate to intense. The people suggest that performing ensures that the kid will go through the best level of safety in case the strength of the seat was undermined in a previous accident.

A kid’s seat might also have to be changed following a slight accident. But the NHTSA does not absolutely imply that that is necessary. According to one study performed by the Insurance Corporation of British Columbia, all chairs tested that sustained minor damage in accidents up to 30 mph continued to meet with all national specifications even with being associated with four more accidents. The study thus reasoned that there were no instances where a child’s safety chair was ruined in a minor accident.

As stated by the NHTSA, a minor crash must meet with ALL of these criteria:
The vehicle could be driven from the accident site;
The vehicle door nearest the security seat was unchanged;
There have been no injuries to any of the car passengers;
The air bags (if present) didn’t deploy; AND
There’s no visible harm to the security seat.

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What Are the Consequences of Burn Injuries?

Posted by on Jun 29, 2015 in Personal Injury | 0 comments

Many do not wish to be reminded about how fragile they truly are. As a matter of fact, it can all just fade away into the distant ether – this slice of time and now that we call life – and we can all pop away, forgotten, like breath on a mirror. This has never been more evident if you have suffered a traumatic injury that almost injured you to the point of death – and there are very few injuries that are sometimes far, far worse than it: burn injuries being one of them.

Human skin is an organ – this is something that tends to be forgotten – and it is also one of the toughest and most vulnerable parts of the body. If it were to come into contact with fire, there are parts of it that will never heal nor will ever feel ever again. Victims of burn injuries are often left horribly scarred and disfigured – meaning that victims often have to deal with not only the physical injury but also the emotional trauma that comes with being scarred and ostracized from society by being scarred.

There are many expenses that come with being injured by fire as it requires immediate medical action, thereby resulting in numerous expenses in an attempt to repair and heal the skin as best as modern science can. Therapy may also be needed in order for the victim to properly cope with the trauma of having been burnt as it could trigger mental illnesses such as depression, anxiety, or even PTSD – as extremely traumatic events are wont to do. The victim may also lose wages due to being unable to work, sometimes become disabled due to the burn injury itself. It is a terrible, terrible thing to suffer from.

The immediate treatment and action following a burn injury could mean everything.

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Types of Recovery for Personal Injury

Posted by on Mar 29, 2015 in Personal Injury | 0 comments

There are many kinds of recovery for personal injury due to negligence. The applicable type and the amount of recovery will depend on the cause and nature of the injury, as well as applicable state laws. It may be limited to an amount that will just cover actual medical expenses, or it may also include non-economic damages such as pain and suffering.

Some types of recovery:

Disfigurement – usually involving permanent scars and other effects on a person’s appearance, which may have emotional or psychological impacts. In some cases, such as for models or those whose career depends on personal appearance, the damages may include loss of income.

Future medical expenses – if the plaintiff will require additional surgery, required to have special devices or aids, lifelong care, or ongoing medication and rehabilitation, the defendant may be required to pay the estimated costs based on the recommendations or diagnosis of the attending physician

Loss of consortium – this refers to any effects that an injury or death may have on the benefits of married life. This includes the loss of affection, companionship, solace, sexual relations, society, and assistance. This may be claimed by the uninjured spouse as well.

Loss of enjoyment – this may be part of general damages or pain and suffering. It is hard to put a monetary value on how the injury affects the normal “pleasures” that an individual may derive from life if not for the injury

Loss of earning capacity/wages – this is mainly an economic recovery that is calculated based on the age, health, life expectancy, skills and experience of the injured or deceased party. If the victim has past earnings, this may be used as a basis for calculating the final recovery, but a jury is allowed to calculate the potential earnings of even a child who has never been employed if not for the injury

There are many other types of recovery for a victim of personal injury. If you sustained serious injury because of the negligence of a third party, you could be eligible for compensation.

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