September 2005

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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.

 

 


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

 FOR THE RECORD


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.
 

 FOR YOUR INFORMATION

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.
 

 FEATURED EMPLOYEE

Click for color photoTommy 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.

 

 FEATURED CASE
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.
 
 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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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.