KraftLaw Newsletter

January 2004

Why Are You Getting This Newsletter?
This free newsletter is sent to current and former clients of our law firm, to those who have specifically asked to receive it, and to those who have contacted our firm for legal advice. If the newsletter is being sent to you in error, please follow the instructions at the bottom of this page and you will immediately be removed from our list of subscribers.

If you know someone who might enjoy receiving this free newsletter, please send us that person's e-mail address.

Are You Registered to Vote?
Texas and the nation will hold crucial elections in November. It is the right and the duty of every citizen to make their voice heard by voting.

If you are not registered to vote, please take steps now to register.

You can see the names and addresses of voter registrars for each county in Texas at this Web site. Simply contact your county registrar or request a voter registration application online from the Texas Secretary of State at this site.

If you have any questions about registering to vote, feel free to contact our law firm.

Free Legal Advice?
Yes, at Kraft & Associates we are glad to provide our clients and friends with free information on a variety of subjects. If you want details about how to lower your automobile insurance rates, Texas Workers' Compensation law or Social Security Disability claims please call or write us and we will send you any of these brochures without charge or obligation.

Suite 1300
2777 Stemmons Freeway
Dallas, TX 75207
(214) 999-9999
(817) 999-9999
(800) 989-9999

FOR THE RECORD

Tips to Prevent Identity Theft

Identity theft is not new, but has become much more common in recent years.

It occurs when another person begins wrongfully using your name to obtain credit and incur expenses that will be charged to you. Besides the potential monetary losses, the time and labor involved in correcting records after an identity theft is discovered can be enormous.

Here are some tips to make it harder for another person to steal your identity:

Your Social Security number is often the key to identity theft. Never carry your Social Security number in your wallet or checkbook. Don’t even think about having it printed on your checks.

Guard your Social Security number closely. Do not give it out to anyone unless you are convinced it is necessary for them to have it. This means only give it to governmental agencies or to businesses you absolutely trust. Always ask if a business will accept another means of identification other than your Social Security number.

Be careful when you dispose of documents that contain sensitive information, such as credit card receipts. Use a shredder if possible. If not, tear the papers carefully to obscure the information.

Don’t post personal information to the Internet. You can use Internet areas such as genealogical sites or high school reunion sites without revealing too many details.

Check your credit report at least once each year and correct any errors in writing.

Review all bank statements and credit card statements carefully so you can discover quickly whether someone else is using your bank account or credit cards.

If you should discover that someone is using your identity, report it immediately to credit agencies and to the police.

For more detailed information on this subject please visit www.consumer.gov/idtheft and www.identitytheft.org.

Click here to read the Federal Trade Commission Consumer Alert on identity theft. This document is in adobe Acrobat format.

FOR YOUR INFORMATION

How Attorney Fees Are Calculated And Paid In Social Security Disability Claims

In all Social Security Disability and Supplemental Security Income (SSI) cases, the rules for calculating attorney fees are the same. The fee is set by federal regulation – 25% of the back benefits obtained for the claimant, up to a maximum fee of $5300.

As an example, if a claimant received back benefits of $10,000 the attorney fee would be 25% of that amount – $2500. If the back benefits were $30,000 the attorney fee would be limited to the maximum of $5300, even though that is less than 25% of the total back benefits.

SSI and Social Security fees are paid in two different ways. In Social Security cases, the fee is withheld from the back benefit paid to the successful claimant. Twenty-five percent is withheld, Social Security approves the fee and the fee is then sent directly to the attorney. In SSI cases, no fee is withheld. This means the client must pay the attorney when the client receives the back benefit check.

Confusion may arise when a claimant is paid both SSI and Social Security, a very common occurrence. Part of the fee may come from each, but in no event will the total fee be more than $5300.

The Social Security Administration sends award letters to claimants after they win their claims. Unfortunately, these letters often give incomplete or misleading information about the attorney fee calculations. Customarily a fee is paid by an SSI claimant as soon as the award check is received by the claimant. However, federal law requires that this money be held in an attorney escrow account until the fee is actually approved by the Social Security Administration.

At Kraft & Associates there is no charge for the initial Social Security or SSI consultation. We invite you to contact us with any question you may have regarding Social Security disability.

FEATURED EMPLOYEE

Jo-Ann Martinez
Legal Secretary
E-mail: jmartinez@kraftlaw.com

Ms. Martinez joined our firm in 1995 as a receptionist. Ms. Martinez has filled several positions with our firm over the years, including Personal Injury Legal Secretary. She is currently employed as a New Case Clerk in our Social Security department, where she meets with new clients and prepares the paperwork necessary to begin work on the claims. Ms. Martinez also serves as one of our law firm's Spanish-English translators. She has more than 20 years' experience as a law office employee.

FEATURED CASE

Attorney Nicole Collier recently had a workers' compensation client who had a dispute with the insurance company about his permanent impairment rating. The client's doctor gave him a 15% disability, but the insurance company allowed only a 10% rating.

Ms. Collier requested an examination by a designated doctor and she made certain that doctor had all possible medical and factual information about the client. As a result, the designated doctor gave the client a disability rating of 16%, and the client was therefore able to receive supplemental income benefits.

If you should have a dispute with a workers' compensation insurance company, please contact our office to see if we can assist you.

HOW CAN WE HELP YOU?

Our law firm has helped thousands of clients over the years. Sometimes clients who use our firm for one type of case may not realize that there are other legal problems we could help them solve.

We handle most types of injury claims — including automobile collisions, "slip and fall" cases, injuries suffered as a result of defective products, injuries resulting from inadequate security, medical malpractice claims, nursing home negligence claims, prescription drug injuries and many others. We invite you to call us about any serious injury to see how we can help you.

Kraft & Associates also represents people who have been denied their Social Security Disability benefits. We can help at the Initial stage, the Reconsideration stage or the Hearing stage.

Our firm represents people who have been injured on the job and are making a claim for workers' compensation. We help people who have problems regarding family issues, such as divorce, child support, adoption, modifications, enforcements, attorney general disputes, paternity and other similar matters. We also represent clients who have been arrested or charged with committing a crime.

Please feel free to call us with any legal questions you may have. If we cannot represent you, we will attempt to refer you to another attorney or to a government agency that can help you. There is never any charge or obligation for our initial consultation.

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Copyright © 1997- 2004 Kraft & Associates : Attorneys at Law, P.C. All Rights Reserved Worldwide. Personal Injury,
Automobile Accident, Wrongful Death, Nursing Home Negligence, Social Security Disability.

DISCLAIMER: This newsletter is presented by Kraft & Associates for informational purposes only, and not as legal advice.

Attorney J. K. Ivey is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Other attorneys in the firm - Not Certified by the Texas Board of Legal Specialization.