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 July
2005
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Why Are You Getting This Newsletter?
This free e-mail 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 in the past.
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Kraft & Associates will never sell or give
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An amazing
variety of
consumer
publications
can be found
at the
Federal
Consumer
Information
Center.
This used to
be called
the
Government
Printing
Office, in
Pueblo,
Colorado.
The newer
name is more
descriptive,
and the site
is well
worth a
visit.
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. |
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Suite 1300
2777 Stemmons Freeway
Dallas, TX 75207
(214) 999-9999
(817) 999-9999
(800) 989-9999
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FOR THE RECORD |
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Social Security Disability Benefits
Medical Reviews
Our law
firm is very proud of our record of
helping our Social Security clients
receive favorable decisions, and obtain
their Social Security disability
benefits.
However, all people who do receive
disability benefits must have their
medical conditions reviewed from time to
time by the Social Security
Administration. Your benefits will
continue unless there is strong proof
that your condition has improved
medically and that you are able to
return to work.
Frequency of reviews
How often your medical condition is
reviewed depends on how severe it is,
and the likelihood it will improve. Your
award notice tells you when you can
expect your first review.
Medical improvement expected—if
your condition is expected to improve
within a specific time, your first
review will be six to 18 months after
you started getting disability benefits.
Improvement possible—if
improvement in your medical condition is
possible, your case will be reviewed
about every three years.
Improvement not expected—if your
medical condition is unlikely to
improve, your case will be reviewed only
about once every five to seven years.
What happens during a review?
The Social Security Administration will
send you a letter telling you that they
are conducting a review. Soon after
that, someone from your local Social
Security office will contact you to
explain the review process and your
appeal rights. The Social Security
representative will ask you to provide
information about your medical treatment
and any work that you may have done
recently.
A team consisting of a disability
examiner and a doctor will review your
file and request your medical reports.
You may be asked to have a special
examination. The Social Security
Administration must pay for the
examination and some of your
transportation costs.
When a decision is made, the Social
Security Administration will send you a
letter. If they decide that you still
are disabled, your benefits will
continue.
If the Administration decides you no
longer are disabled and you disagree
with that decision, you can file an
appeal. If you decide not to appeal the
decision, your benefits will stop three
months after the Administration decides
that your disability ended.
For more information, call our firm, or
ask the Social Security Administration
for the publication, Your Right To
Question The Decision To Stop Your
Disability Benefits (Publication No.
05-10090).
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| FOR
YOUR INFORMATION |
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As
reported
by the
Associated
Press
June 30,
2005:
AUSTIN —
The
state of
Texas
sued one
of the
nation's
largest
drug
companies
Thursday,
alleging
Merck &
Co.
misrepresented
the
safety
of the
painkiller
Vioxx.
State
Attorney
General
Greg
Abbott
said
Merck
pushed
to have
Vioxx on
the
state's
list of
approved
medicine
covered
under
Medicaid.
The
lawsuit
seeks
$168
million
and says
the
company
willfully
misrepresented
its
studies
and
physicians'
concerns
that the
drug may
increase
the risk
of heart
problems
and
strokes.
“This is
a prime
example
of a
company's
drive
for
profit
steamrolling
its duty
to be
safe,”
said
Abbott,
adding
that
Texas
was the
first
state to
sue
Merck
for
Vioxx
prescriptions
covered
by
Medicaid.
Officials
at
Whitehouse
Station,
N.J.-based
Merck
didn't
immediately
respond
when
asked
for
comment
Thursday.
Merck
began
marketing
Vioxx in
1999
after
brief
clinical
trials
but
voluntarily
withdrew
the drug
in
September
when
research
showed
that
patients
who took
it for a
year and
a half
or more
doubled
their
risk for
heart
attack
and
stroke.
Abbott's
office
said
Texas
pharmacists
filled
more
than
700,000
Vioxx
prescriptions
for
178,000
patients
under
the
Medicaid
program
at a
cost of
$56
million.
State
law
allows
Abbott
to seek
triple
damages
for acts
of
fraud.
The
lawsuit,
filed in
Travis
County
district
court,
does not
include
Texans
who
received
Vioxx
through
private
health
insurance
plans,
and the
state —
not
individuals
— will
collect
any
judgment,
Abbott
said.
The
state
alleges
Merck
violated
the
Texas
Medicaid
Fraud
Prevention
Act.
“The
people
of Texas
have
been
cheated
and
defrauded
by
Merck,”
Abbott
said.
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| FEATURED
EMPLOYEE |
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 Sandra
Gonzalez
Receptionist
E-mail:
sgonzalez@kraftlaw.com
Ms. Gonzalez is a
Dallas native who graduated from Sunset High School.
She joined our firm in 2005 after gaining receptionist
and clerical experience at another local law firm. She
has also worked as a Loan Officer for a finance
company. In addition to her receptionist work, Ms.
Gonzalez assists our Litigation department with
clerical and secretarial duties. |
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| FEATURED
CASE |
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Last month, our firm
obtained a large settlement in a premises liability
case. In an
earlier issue of this newsletter, we explained the difficulties in
pursuing a premises liability claim in Texas. These
cases are commonly referred to as "slip and
fall" or "trip and fall" cases.
Fortunately, there are steps injured persons can
take to make pursuit of such a claim easier. When a
person falls down in public, the normal reaction is
one of embarrassment. The fallen person usually gets
up as quickly as possible and walks away from the
scene, hoping no one saw them fall. This is exactly
the wrong reaction. Instead, if you fall, you should
take these actions:
● Inspect the area where you fell. What caused your
fall? Was there some foreign substance on the floor?
What was it? Observe its appearance and size. Can
you tell how long it had been on the floor? Get a
sample of the substance, and preserve it.
● Get the names, addresses, and phone numbers
of everyone in the area -- even if they didn't see
the actual fall. Those witnesses can describe the
location and give other details, even though they
didn't see you fall.
● If the fall happened in a store, report it to the
manager, and get the manager's name. Be sure the
manager fills out an incident report, and ask for a
copy of it.
● Take photographs of the area as soon as possible.
Buy a cheap disposable camera if necessary. It could
be a good investment.
● Keep the shoes and clothing you were wearing at
the time. Make note of any stains or tears caused by
the fall.
● Most importantly, seek medical attention
immediately if you have been injured.
● Talk with a personal injury lawyer as soon as
possible, so the lawyer can begin an investigation
of the case before changes are made to the scene of
the injury.
If you have questions about "slip and fall" injuries,
please contact our law firm. |
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| HOW
CAN WE HELP YOU? |
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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- 2005 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.
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