February 2008

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How To Burglarproof Your Home

My friend, Fairfax, Virginia business lawyer David Z. Kaufman, recommended this article on how to burglarproof your home. David is a personal safety expert, and the article is an excellent one.

"Shocking" Report About Heart Attacks

The New England Journal of Medicine has published a study showing that the survival rate for people who suffer heart attacks is actually greater if the attack is suffered in an airport or in a casino rather than in a hospital.

The difference is the response time for the heart attack victim to receive an electric shock from a defibrillator. For some reason that treatment takes longer in a hospital than in some other public places.

Furthermore, the survival rate is better in large hospitals than in small hospitals. Bottom line, choose your location before you have a heart attack!

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 contact us and we will send you any of these brochures without charge or obligation.

 



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  2777 Stemmons Freeway
  Dallas, TX 75207
  (214) 999-9999
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 FOR THE RECORD


Baby Boomer Retirement -
What Effect Will It Have On
Social Security Solvency?

What effect will aging Baby Boomers have on the Social Security retirement and disability programs? Huge might be an understatement. The Baby Boom generation is defined as those roughly 80 million Americans born between 1946 and 1964. The first of the Baby Boomers began to turn 62 in January of 2008. That, of course, is the early retirement age for Social Security benefits. The Social Security Administration predicts that about a million Baby Boomers will take early retirement, even though their monthly checks will be 25 percent lower than if they waited until the normal retirement age of 66.

As "Boomers" begin to retire, the effect on the Social Security system will be twofold – first, there will be more retirees receiving benefits. Second, there will be fewer workers paying into the system to support those retirees. Boomers didn’t have as many children per family as our preceding generation did. We had about two children per family, compared with three children per family in our parents’ generation. So we didn’t produce as many new workers to support the old workers now retiring.

In fact, experts say that we have gone from about 16 workers paying into Social Security for every person drawing benefits in 1950, to a little more than three to one today. In a few more years we’ll be down to about two to one. This is not guesswork. We absolutely know how many new adult workers we will have 20 years from now, because they have already been born. We’re not going to have a sudden, unexpected increase in the number of workers. (Unless we have a major change in our immigration laws.)

Economic predictions are all over the map on this, but one guesstimate is that about the year 2017 the Social Security system will start to see that incoming payroll taxes aren’t enough to match outgoing retirement and disability benefits. The timing is less important than the inevitability of the event. Every year from 2008 until 2025 will see another wave of Boomers retiring. Somewhere during that time span, the benefits will outgrow the income.

That doesn’t mean the system will collapse at that time, because there’s enough money in the Social Security Trust Fund to carry us for another 20-25 years beyond the point at which benefits begin to outweigh income. Or at least there is supposed to be money in the Social Security Trust Fund. Unfortunately, the politicians have been raiding that fund for years, and it now consists primarily of IOUs from the federal government.

When the Trust Fund runs out of money, that’s when the crunch will come. Politicians will have to make some difficult decisions – increase taxes, decrease benefits, or both. We all know that politicians are loath to make hard choices, but it’s going to have to be done. And really, it won’t take all that much of a change to get the Social Security system back in balance.

But an even bigger problem will be the Medicare and Medicaid crisis looming ahead of us. These programs face not only the demographic changes the aging Baby Boomers present, but also the runaway inflationary costs of medical and pharmaceutical care. The Medicare shortfall could be roughly five times as large as the Social Security shortfall. That should well and truly frighten you.

Some estimates are that by the year 2040, Social Security and Medicare will consume as much as 60 percent of income taxes collected. The remaining 40 percent of tax revenue would have to finance all the rest of the federal government.

The future is not hopeless for Social Security and Medicare but it’s certainly not rosy. Big changes are coming, and the sooner they come, the better off we’ll be. The question is whether Congress and the Administration will have the political willpower to deal with the tidal wave on the horizon or whether they will hide their heads in the sand, as usual.

 FOR YOUR INFORMATION

H-2A Visas - Doing It The Right Way

U.S. companies wanting to bring foreign nationals into the United States to perform agricultural labor or services of a temporary or seasonal nature may do so by demonstrating that no U.S. worker is willing, able, qualified, and readily available to perform such service or labor. Under the H-2A program, a U.S. employer must conduct serious recruitment, such as placing a job opening with the State Workforce Agency, and advertising in a newspaper of general circulation in the area of employment. After the recruitment period establishes that there are no U.S. workers capable of performing such agricultural service, and that the employment of the foreign nationals will not adversely affect the wages and working conditions of similarly employed U.S. workers, the employer will file a labor certification with the Department of Labor (DOL).

Once the DOL grants the labor certification, a petition for the foreign national to perform the agricultural labor/services of a temporary or seasonal nature is filed with the U.S. Citizenship and Immigration Services. An approved petition is then forwarded to the U.S. Consulate where the worker applied for the visa. An H-2A visa is granted for up to one year and may be extended once for two additional years.

 FEATURED EMPLOYEE

Eugenia Ponce
Attorney

E-mail: eponce@kraftlaw.com
 

Ms. Ponce was raised in Brownsville, Texas. She received her college degree from SMU in Dallas, and then went to the John Marshall Law School in Chicago. After graduating from law school, Ms. Ponce clerked for two federal judges in South Texas and then returned to school to receive her Masters in Law from the University of Texas School of Law in Austin. Her Master’s degree was in International Law.

Before becoming a member of Kraft & Associates in 2007, Ms. Ponce worked as an attorney in a large Dallas immigration firm. Ms. Ponce has experience in family-based immigration and employment-based immigration, as well as other areas of U.S. Immigration Law.

 FEATURED CASE

Tips If You Slip And Fall

Recently, our firm obtained a large settlement in a premise liability case. 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.

 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. We can help you, your family or friends with any Immigration question.

Our law firm represents people who have immigration problems of any kind, whether family-based immigration or employment-based immigration.

We also 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.

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Personal Injury, Automobile Accident, Wrongful Death, Nursing Home Negligence, Social Security Disability, Immigration.

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