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September
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.
If the newsletter is being sent to you
in error, please follow the instructions at
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Kraft & Associates will never sell or give
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law firm. |
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Ford Recalls 4 Million Vehicles
Ford Motor
Company is
recalling
nearly 4
million
pickup
trucks and
sport
utility
vehicles
because of a
faulty speed
control
deactivation
switch that
could cause
fires under
the
vehicle's hood.
The vehicles
affected are
from the
1994-2002
model years,
and include
the Ford
F-150
pickup, Ford
Bronco SUV,
Ford
Expedition,
and
the Lincoln
Navigator.
Ford said
the brake
fluid in the
recalled
vehicles may
leak through
the speed
control
deactivation
switch and into
the speed
control
system's
electrical
components,
corroding
those
components and
leading to
fires.
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
Available for Disabled Children
Most
people are already aware that the Social
Security Administration (SSA) has
programs to provide assistance to
disabled adults. However, did you know
that in some circumstances Social
Security benefits are available for
disabled children as well? In fact, in
2003 nearly one million blind or
disabled children received Supplemental
Security Income (SSI) benefits.
To be eligible for Supplemental Security
Income benefits a child must be either
blind or otherwise disabled. A child is
considered disabled if he or she has
physical or mental conditions that can
be medically proven, and that result in
marked and severe functional
limitations. In addition, the conditions
must have lasted or be expected to last
at least 12 months, or be expected to
result in the death of the child.
To receive benefits, a disabled child
must be in a low income family, with low financial
resources. The Social Security
Administration considers a portion of
the parents’ income and/or resources as
being available to the child (if the
child is below age 18 and living at home
with parents who do not receive SSI
benefits) in a process the SSA refers to
as “deeming."
"Deeming" is very complicated. However
the Social Security Administration does
its best to offer an explanation of the
process on its Web site. For those
potential claimants who have access to
the Internet, we suggest that you view
and print a
Childhood Disability Starter Kit.
After doing so you can complete a
Child Disability Report Form
online. Please note that by completing
the Report Form you are not applying for
childhood disability benefits, as the
application process can not be completed
online at this time. For a more detailed
explanation of the application process,
please
click here.
We caution you that the chart showing
maximum gross monthly income as it
relates to the number of (ineligible)
children in the household does not apply
in several situations, such as when the
parents receive both earned income
(wages) and unearned income (Social
Security benefits or unemployment
compensation). In addition, the chart
does not apply if a parent pays
court-ordered child support, if the
child has his or her own income, or if
there is more than one disabled child in
the same household who is applying for
or receiving Supplemental Security
Income benefits.
These are just a few of the exceptions
that may apply, and the chart is simply
a guideline! If you have any questions
as to whether a disabled child may be
eligible for Supplemental Security
Income benefits, you should contact the
Social Security Administration or
contact Kraft and Associates for an
analysis of your child’s eligibility.
If your child is under the age of
eighteen and was awarded SSI benefits
for a condition that is expected to
improve, the law requires the SSA to
verify that the child is still disabled
by conducting Continuing Disability
Reviews at least once every three years.
At the Continuing Disability Review, the
SSA looks for evidence that your child
has been receiving medically necessary
treatment. Also, children who are
eligible for SSI benefits must have
their eligibility determined again at
age eighteen. At that time, the SSA
reevaluates any impairments based on the
definition of disability for adults.
Caring for a disabled child is a major
challenge, and many people need
financial help to properly do so. We
encourage people with disabled children
to investigate whether their children
may qualify for this much needed
assistance. For more information,
contact our firm or ask the Social
Security Administration for the
publication titled Benefits for Children
With Disabilities, (Publication No.
05-10026). You can read the publication
online by
clicking here.
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| FOR
YOUR INFORMATION |
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Hurricane
Katrina Relief Organizations
If you have been as concerned for the victims of Hurricane
Katrina as those of us at Kraft &
Associates, here are a few organizations we
recommend you consider for donations. You can see a
longer list of such organizations by
visiting our Web site at
www.kraftlaw.com and clicking on the
Hurricane Disaster Relief button.
American Bar Association
http://www.abanet.org/katrina
Assisting hurricane victims with insurance
claims, home repair contracts, wills and
other documents, and related issues.
American Red Cross
http://redcross.org
Provides recent news regarding the disaster,
the efforts of the International Foundation
of the Red Cross and Red Crescent,
opportunities to donate both monetarily and
with supplies. Visit online or call
1-800-HELP-NOW.
Association of Trial Lawyers of America
http://www.atlanet.org/
ATLA is using Trial Lawyers Care (TLC), a
charitable non-profit organization
originally established to help victims of
the September 11 terrorist attacks, as a
vehicle for
collecting and distributing aid to
relief organizations in Louisiana,
Mississippi, and Alabama. The goal is to get
the most help, where it's most needed, most
quickly.
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| FEATURED
EMPLOYEE |
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Tommy
K. Davis
Attorney
E-mail:
tdavis@kraftlaw.com
Mr. Davis attended Texas A&M University and
Abilene Christian College. He received his law degree in 1982 from the
Texas Tech School of Law. Mr. Davis is a former U.S. Marine who served in
Viet Nam. Before joining this law firm in 1990, Mr. Davis had extensive
experience at other local personal injury firms. He has practiced in several
areas of injury law and now concentrates his practice on Social Security
Disability claims. Mr. Davis has represented Social Security Disability
claimants in several thousand hearings before Administrative Law Judges. |
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| FEATURED
CASE |
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Our law firm represents
many people who are making claims against the
manufacturer of Vioxx. While Vioxx cases have been
very much in the news recently, there has only been
one significant news item that might affect current
claimants.
Merck and Company, the manufacturer, has said from
the beginning that it would fight every single claim
in court. Following the first Vioxx trial, in
Angleton, Texas, Merck indicated it might consider
offering to settle a few claims. Those claims would
have to fall into a narrow category. The claimant
would need to have taken Vioxx for at least 18
months, have had a stroke or heart attack while
taking Vioxx, and could not have any other medical
condition that could reasonably be believed to have
caused the heart attack or stroke. In other words,
the claimant would have to be in almost perfect
cardiac health in order to meet Merck's guidelines.
In all other cases, Merck has not changed the basic
posture of taking every case to trial.
As this newsletter is being written, the second
Vioxx trial in the nation is just beginning. This
trial is in Merck's home state of New Jersey, and
the expectation is that Merck will have a more
favorable outcome in that trial than in the Texas
case.
The first federal court Vioxx trial was to have
begun in November, in New Orleans. Obviously, the
schedule for that trial may have to be adjusted
because of Hurricane Katrina. However, the trial
judge is determined to stick as closely as possible
to the original schedule.
After the results are in from the New Jersey trial
and the New Orleans federal trials, the overall
picture of the status of current Vioxx claims should
become more clear.
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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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