Legal

In a social security disability claim, the credibility of the claimant is often the determining factor of whether the claim is approved or denied. For cases involving chronic pain or fatigue, such as fibromyalgia or chronic fatigue syndrome, the credibility of the claimant is usually crucial to success. The reason for this of course is due to the fact that those diagnoses involve subjective symptoms and limitations that usually cannot be objectively quantified by medical or laboratory tests.

Thus, SSA and judges will listen to the claimant’s story about why they are unable to work due to the frequency, severity and duration of their symptoms but they will also look for corroborating evidence from other sources such as doctors or individuals who know the claimant.

As you may know, my practice is exclusively disability law and I specialize in chronic pain and fatigue cases representing clients throughout the United States. Over the past several years I have won disability cases before SSA and judges throughout the United States. While winning hundreds of cases and losing only a small percentage of them, I have learned a great deal about how to win chronic pain and fatigue disability cases as well as the importance of a client’s credibility.

A tool I have used extensively for the past several years is to obtain affidavits or statements from a client’s former co-worker (or preferably a supervisor), family member or long-time friends. What is an affidavit? It is simply a notarized document that essentially is a narrative letter regarding a person’s observations of problems the client has functioning on a daily basis due the symptoms and limitations, with a conclusion that they are unable to work in any occupation as a result. In my opinion it is essential that SSA and a judge have corroborating evidence from those who know a client the best and the affidavit performs that function.

Because I view a client’s credibility as paramount to the case, I want to protect it, develop it and support it from as many different independent sources as possible. The quality of the affidavits or statements and who makes them is what matters rather than having a large volume of them by people who do not know the client well.

I know thoughtful affidavits have a big impact on SSA and judges because I have seen countless judges from all over the country reference them as a reason why they approved my client’s claim. I have also talked with judges after a hearing and they have told me the affidavits provided persuasive support for my client’s allegations regarding their limitations.

It must be noted that it is unlikely an affidavit alone will win a disability case; but along with other corroborating medical records and doctor’s opinions it can be a powerful tool. Use this article as a foundation for developing this important part of your claim.
Tip #1 The Affidavit should be Brief

To avoid lulling weary SSA personnel or a judge to sleep, I believe the affidavit should be no more than two (2) pages in length. Please remember your file will contain several hundreds of pages of records…you want the affidavit to be read and be factored into your claim.

Tip #2 The Affidavit should be on regular paper and be Notarized

The document itself can be on any regular paper (preferably 8 ½ x 11 inches), handwritten or typewritten and should be titled “Affidavit.” In addition, it should be notarized because a notary will confirm that the person who purported to draft the affidavit actually signed the same before a public notary. Having the affidavit notarized eliminates any question with regard to authenticity of the document (i.e. you are not trying to pull one over on SSA or a judge!). If it is not possible to obtain a notary them simply submit

Scott E. Davis is a scottdavispc.com social security disability attorney in Phoenix, Arizona. Mr. Davis represents clients throughout the United States. Although Mr. Davis has experience representing clients with a broad spectrum of physical and/or psychological disorders, the majority of his disability practice is devoted to representing individuals with chronic pain and chronic fatigue disorders. In almost every case, a fee is charged only if his client obtains benefits. Mr. Davis invites your questions and inquiries regarding representation via telephone (602) 482-4300, or email: mailto:info@scottdavispc.com info@scottdavispc.com.

You have filed a lawsuit to recover money that is owed to you. After the hearing, the Judge enters a judgment in your favor. Unfortunately, months later, you still haven’t received any money from the Defendant. How do you collect on your judgment?

I get this types of question often in my law office. Let’s set things straight from the beginning. Just because you sue somebody and win does not mean that you are going to get the money that you sued for, at least not voluntarily. If the Defendant chooses to not pay off the judgment voluntarily, there are some steps that you can take to try to force him to pay the debt.

In Pennsylvania, where I practice law, it has been my experience that individuals who do not hire attorneys to represent them often go to the local District Justice to file their lawsuits. While technically there is nothing wrong with this, as an Attorney I usually do not file lawsuits at that level. The reason is that the District Justice judgment has little value in my eyes. It doesn’t have enough teeth to it, so to speak. If you have obtained a judgment at the District Justice, the first step that I would take is to transfer the judgment to the Court of Common Pleas of the county where the suit was commenced. The cost for this varies from county to county, but it is worth the cost and effort, as this type of judgment has some weight to it. After the judgment is entered in the court system, you can ask that the judgment be “indexed” against the Defendant’s (judgment debtor’s) real property. The purpose of this is to place a lien against any real property that the judgment debtor owns.

The next step that I would take would depend upon what type of information that you have regarding the judgment debtor and his assets. If you know where the judgment debtor maintains a bank account, you can attempt to “garnish” the funds in that account. A garnishment is essentially a way to freeze monies in a bank or financial account and have the funds paid directly to you by the judgment debtor’s bank. If you do not have banking information on the Defendant, you may try what is called an Execution and Levy. Execution on a judgment is where you use legal process to enforce the judgment by seizure and subsequent sale of the personal property owned by a judgment debtor. This involves having a Deputy Sheriff place a Levy on the judgment debtor’s personal property, making it available for a public auction. Depending upon the amount of the judgment, this process can also be used to sell real property, though the costs of doing so are a bit prohibitive for smaller cases.

While there is never any guarantee of receiving monies after a victorious lawsuit, following the aforementioned steps can help you in your recovery attempts. In the event that these steps do not yield immediate results, do not despair. The lien that you have placed on the judgment debtor’s home will remain there for quite some time. You may just have to wait him out…

Greg Artim is an Attorney based in Pittsburgh Pennsylvania. For more information on related legal issues, please visit his website at gregartim.com gregartim.com

A friend recounted this true story:

The phone rang one day. The voice at the other end sounded unfamiliar but official. “Is that Mrs Malone?”

“Yes”

“This is Detective Inspector Morgan of the Metropolitan CID”

“Oh?”

“We would like to travel up to see you to ask you some questions”

“Oh … OK”

A few days later and my friend was sitting in the police station confronted by two officious looking, but thankfully pleasant, Detective Inspectors.

Then came the questions. What was her full name, address, telephone number and occupation ? Where did she work and where did she live? In fact where had she ever lived? Did she own a mobile phone and when was the contract taken out? Who does she live with and hang around with and what were her movements on a specific date mentioned by the officers?

The questions continued and, although she didn’t feel at all threatened, she was bemused and increasingly suspicious.

Then came the bombshell. Someone had stolen her identity and taken out a mobile phone in her name. A credit history had been initiated in her name but for someone else’s benefit.

It got worse.

She was shown a photo of a rough looking man. Did she know him? Had she ever met him? Could she be sure?

It turned out that the man was wanted for rape. The connection with him and my friend was that his girlfriend was the one that had stolen her identity. She was also wanted for criminal activity.

So now, my friend had a stolen identity, a credit contract taken out in her name and there was a criminal connection between “her” identity and a suspected rapist.

It was all sorted out and my friend’s name was withdrawn from police inquiries. The matter was, however, deeply unsettling and unpleasant.

For further information and resources on identity theft, internet crime and online security visit the

Divorce can be very frustrating, especially for a child. Both parties, the husband and wife, will really fight for the properties and also the custody for their child. They want to be able to get the proper compensation after the divorce. However, the most important thing when settling a divorce is not always the money or the property, both parties will really fight for the custody for their child.

For this, if you are getting a divorce, you need a divorce lawyer to properly present your case to the family court. You need to show the court that you have done nothing in your relationship that caused both of you to divorce and also, when getting the child’s custody, you need to be able to show the judge that you can support your child in education, shelter and also the needed parental care.

Tell your divorce lawyer the reason why you are getting a divorce and why you are suitable to be in custody of the children instead of the other party. You need to tell your lawyer how much you make annually, your job, and also how you care for the child.

Divorce can really have a major impact on a child’s psychology they will often wonder why you and your partner is getting a divorce. It is very important that you both explain it to your child so that he or she can understand why.

If you live in Chicago and you’re getting a divorce, you will want to look for a well known divorce lawyer in order to present your case. The lawyer will then advice you on what to expect in the court and what can you do to win the case and get custody for your child.

They will tell you what the judge may do for the child’s welfare. He or she will decide who will get custody for the child. The judge will determine and weigh evidence wisely to determine who will get custody for the child.

There are different divorce laws in different states, so, you should know about the divorce laws carefully. Your divorce lawyer can explain a few things for you in order for you to understand the law about divorce better. He or she will be able to shed light on the subject.

Usually, the judge may assign the person who is not in custody of the child to give child support. He or she should be able to give a specific sum of money at a specific day every month.

There are also visitation period allowed for the parent who does not have custody for their child or children. It can be either once a week, or it can be once a month. It all depends on the decision of the judge.

A person from the court or child welfare office will also visit your house and the other parent’s house to make sure that the child is treated properly. They will also take a look at your income and determine if you are capable of raising a child.

Always remember that divorce can have a major impact on a child’s psychology. If you and your partner can still work it out and not get a divorce, it will be much better. You can visit family counselors in order to help you solve your differences without getting a divorce.

This content is provided by Low Jeremy and may be used only in its entirety with all links included. For more info on child custody, please visit child-custody.articlekeep.com child-custody.articlekeep.com

If you don’t know what a warrant for arrest is and how to find out if you have an arrest warrant then you could be storing up a lot of trouble for yourself with the police

A warrant for arrest may be issued if you fail to appear in court at any time when you should have done. You might have neglected to show proof of community service that you’ve done or failed to pay a fine.

If the police think that you’ve committed a crime and have sufficient evidence against you then they can apply to the court for a warrant for your arrest. Once a warrant has been issued against you the police will come looking to arrest you and take you to jail.

Don’t ignore a warrant for arrest even if you don’t know you have one

A warrant for arrest is something that you can’t afford to ignore even if you didn’t commit the crime. If the police arrest you then you’ll end up in court and your record will show that you were arrested and returned on the warrant involuntarily. If the court thinks that the police had to track you down and drag you into court then they will be against you from the start even if you didn’t know that the warrant existed.

Being arrested on arrest warrants that you didn′t know that you have isn′t as uncommon as you might think. You might have simply forgotten to pay a fine or picked up a speeding offence. You might even have been victim of criminal identity theft where someone else has committed a crime in your name.

Giving yourself up voluntarily is much better than being dragged into court

If you give yourself up voluntarily to the court on a warrant for arrest then you can expect to be treated very differently by the court. They will often be more sympathetic to your case and grant bail more easily. To do this you must be aware that you have a warrant in the first place so it’s very important that you check for arrest warrants routinely.

Search for arrest warrants quickly and from the comfort of your home

You can check for arrest warrants easily and quickly by subscribing to an online service like the one mentioned in this article howdo-i.com/backgroundcheck/howdoicheckforarrestwarrants.php How do I check for arrest warrants. Alternatively you can check at the courthouse or ask a police officer neither of which are ideal solutions.

However you decide to check for warrants do it do it now and do it often. It could make a serious difference to your life one day.

How to find an arrest warrant online quickly, easy and fully confidential this-info.com/courtrecords/howdoichecktoseeifigotawarrantformyarrest.php Check to see if you have a warrant for your arrest Find out how to do background checks on anyone you like howdo-i.com/backgroundcheck howdo-i.com/backgroundcheck howdo-i.com/backgroundcheck

Many inventors come up with a great idea and wish to sell this idea to another company in trade for royalties for use of their patent. This makes sense because the inventor does not have to start his own company and go thru all the risks to build the device and can sit back in his home workshop and come up with his next invention or innovation. Often these inventors when making an agreement do not put in the contract that they want audit rights to the company’s books which will be mass producing and bringing to market this innovative invention that they thought of.

Recently I was asked by a think tanker “I need more insight on the audit rights you talked about?”

Well if this company starts selling your invention, how will you know how many they sold? So how can you tell if they are being honest with you about the amount of royalties (per unit sold) monies you will receive? If they are giving you per unit stipend then you would need to be sure that they told you of “ALL” actual sales, whether they were from the Internet, mail order, infomercial or in retail stores.

You see the music industry does similar things to make sure the artists get paid. So does the insurance industry as many times the risk is gauged by the amount of gross income for exposure calculations. If the totals are in error or misrepresents then the artist, insurance company or you the inventor gets ripped off. This is why I advice that you put into your contracts when selling your idea, simple audit rights so you get paid what they agreed too. Think on this in 2006.

“Lance Winslow” - Online WorldThinkTank.net/wttbbs/ Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance in the Online Think Tank and solve the problems of the World; WorldThinkTank.net www.WorldThinkTank.net/

Identity theft is no fun. Sometimes a few simple action steps can go a long ways towards successfully helping you avoid making errors or slip ups that could result in identity theft. Start by making positive adjustments in your life and place of business so that you can avoid identity theft in your life…

• Think safety first and foremost in your business and personal life. Then dig in and do some research. Read the latest information about identity theft to see how people are being scammed, how information is being stolen, etc. Bookmark sites like this packed with helpful articles and other content for your family, your business and your personal protection. Sign up for ezines and blogs and get updates emailed right into your in box. Don’t take safety for granted, bottom line. Thieves and crooks keep up with the times. You need to, too. So plan for success and make it your lifelong goal and committment!

• Learn more about how to protect your self and your family and possessions. Then take immediate massive action. Get a firewall on your computer as well as anti-virus protection and spyware removal software. Get and use a shredder for important documents. Order a copy of your credit bureau and learn how to decipher it so that you’ll know what it looks like if someone else is using your identity. Ask your banker for help.

• Forget about slacking off. There’s no room for being lazy, either. You can’t cut corners by ignoring the problem of identity theft, so don’t leave everything up to your spouse or the police. Take charge and do your part. Don’t ignore night time darkness and head off to a bank machine alone anyway, for example. Wise up. You are mortal. Get real and keep your identity – and self – safe.

• Get yourself in shape and stay that way for the rest of your life. Success begins with you! Be fit and act fit, in mind and body, so you can think good, plan your life and business and take action instead of slumping over on the coach in front of reruns all day. Thieves can act fast, and move faster. Can you?

So take a few simple action steps to help you avoid making costly errors or slip ups that could result in identity theft. Start by making positive adjustments in your life and place of business today so that you can avoid identity theft in your life.

So stay alert! Beware!

Author and internet entrepreneur Bernard Pragides offers expert advice and tips regarding identity theft. Learn more about identity theft and fraud by visiting his blog at identity4life-blog.com identity4life-blog.com and his website IdentityProtek.com IdentityProtek.com for more helpful information.

It isn’t just the US Government waiting out there to grab a chunk of your hard earned estate when you become incapacitated or die. Strangely enough, state coffers are frequently enlarged through the mechanism of Medicaid. When someone requires long-term care in a nursing home, unless he or she has a private long-term care insurance policy, their whole estate may belong to the state when they pass on.

Nursing home care is not free, even in county or state operated facilities. Someone, somewhere, has to foot the bill. If you, or your family, does not have resources to pay for the care, Medicaid steps in. While Medicaid is a federal program, funds are allocated to the states for administrative purposes and are subject to state rules and regulations.

People who apply for Medicare aren’t always aware of exactly how the program works, but even more sadly, most people who are forced to apply for Medicare really have no other choice, so it doesn’t matter how it works. By the same token, Medicaid rules have been revised so that if one half of a married couple requires nursing home care, the other spouse doesn’t have to sell the house and live on the street.

Under the most recent Medicaid rulings, when one spouse has to be in a nursing home for 30 days or more, the couple’s assets are assessed and some assets are excluded by virtue of “spousal impoverishment” rules. The couple’s residence is excluded from the asset evaluation, along with household furnishings and personal effects. In some states, the remaining spouse’s IRAs are exempted, as well. The non-ailing spouse is then entitled to half of any remaining assets, subject to minimum and maximum limits, while the other half must be spent on the nursing home care.

In addition, income like Social Security, some pensions, and some interest dividends are subject to “maintenance allowance,” rules designed to allow the healthy spouse enough money to live on. If, for example, the Social Security Income or other pension income is in the remaining spouse’s name, he or she is entitled to keep it for living expenses. In some cases, the spouse at home can receive more than half of the marital assets, particularly if his/her income falls below minimum levels.

If there is no spouse, in many states the individual requiring nursing home care is required to sign over his or her home to the state to reimburse Medicare. When the nursing home stay is not permanent, the Medicaid recipient is allowed to live in the house until death, but cannot pass it on to children or other heirs, because it actually belongs to the state, not to the individual.

Estate planning, particularly if it involves some sort of long-term care insurance, can alleviate or eliminate some of the worries associated with the potential for requiring nursing home care. Talk to your attorney or other estate planner about what can be done to protect your remaining assets if you have to go to a nursing home.

About Ronald E. Hudkins

Ronald Hudkins is a retired U.S. Army Military Police member that was assigned as a staff researcher. He has coordinated with military and criminal investigators, set on court marshals and worked closely with the Staff Judge Advocate Generals Office (JAG). He has a keen sense of legal matters - their interpretation, initiatives and guidelines. For imperative financial planning needs he suggests his book “Asset Protection and Estate Planning for All Ages.” Additionally, he offers a Free Newsletter, Articles and Financial and Tax Newsfeed at his web site: AssetProtectNow.com AssetProtectNow.com

Wealthy homeowners in Southern California canyon fed up with squatters

The story goes that the illegal immigrants in America, California, face the sympathies and apathies by the house owners in the whole country, namely California. They challenge poverty, deprivation of social services, and contempt. Most of these immigrants are from Mexico coming in the pursuit of life chances and promotions in the most developed country, economically and worldwide, the United States. The American government is urged by its people to advocate policies regarding the organization of the foreign vagabonds.

Most of the Americans in these borderlines are suffering horror in presence of strangers who are difficult to be chased, in the case of murder or crime incidents. Hence the poor Christian workers pray and do their rituals on the farms they work. That is because they cannot have, legally the right to construct a permanent place for that.

Of course this is not a position taken against only Mexican immigrants. Policies are made harsh and cruel against the entrance of new comers in America. This followed by making the difficult for those who have already come and settled. Even after such a new comer is accepted legally by the government as American citizen, in the case that he be an Asian, African, Caribbean, or from any other non-white race, he is treated in an isolated way. It is arguable that this treatment is not out of just the ordinary regulations of a government.; newspapers and media every here and there are reporting instances of the problem such as the confiscation of the Iranian, or more generally speaking, Muslim travelers, tourists, students and professors in their airports.

Trademark law affects every business in the United States. Don’t assume that your new business name, new product name, slogan or logo has not already been used commercially OR trademarked!

No business name may be used in any one of the following cases, IF there is a conflict or similarity in sound, appearance or meaning & industry:

A Federally registered trademark anywhere in the U.S., or

A State registered trademark in any state they do business in, or

Used within same geographic trade area with “first use” Common-Law protection.

There are over 2,500,000 Trademarks, and over 16,000,000 commercial Common Law trade names in use. ANY existing Federal Trademark, State Trademark or commercial Common Law use takes precedence over your new business or product name, IF there is a conflict or similarity in sound, appearance or meaning & industry.

When you create a new business name, product name, slogan or logo, you will begin to establish your legal rights to your name in the geographic trade area where you do business based on Common-Law usage.

However, the question is: Is your trade name truly available?

It is a company’s obligation and it is in their best interest to enforce its marks. Trademark owners have up to six years to find and order businesses to change any infringing trade name.

Infringing trademark companies could face costly attorney bills ($200 to $350 hour), immediate renaming of their company or product, recall of products, forfeiture of profits, re-marketing of the new name, and marketing change-over for a new name, including logo, signs, corporation, forms, checks, packaging, yellow page listings, web site, etc.

Comprehensive research is truly a need for any new business name, new product name, new slogan or new logo.

Shannon Moore is the General Manager, East Coast for TradeMark Express. Since 1992, TradeMark Express has met the needs of their clients with comprehensive research, application preparation, attorney referrals and trademark consultation. For further details, please visit us on the web at tmexpress.com tmexpress.com