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 January
2008
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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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law firm.
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A recent issue of Consumer Reports magazine had a warning about accepting free samples of medicine from your doctor. The magazine pointed out three potential drawbacks:
1. You might not get printed instructions showing possible side effects and precautions.
2. The medication won't be entered into your pharmacist's database, which screens for harmful interaction or duplication with other drugs you may be taking. Also, you may not be notified of a recall of that medication.
3. The drug might not be the best choice for you. Manufacturers typically give doctors samples of the drugs they're trying to promote -- usually the newest and most expensive drugs, not necessarily the most effective drug in that category.
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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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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The Dallas Morning News recently featured an article deploring the terrible backlogs at the Social Security Administration. Excerpts from the story:
Steadily lengthening delays in the resolution of Social Security disability claims have left hundreds of thousands of people in a kind of purgatory, waiting as long as three years for a decision.
Two-thirds of those who appeal a first rejection eventually win their cases.
But in the meantime, more and more people have lost their homes, declared bankruptcy or even died while awaiting an appeals hearing, say lawyers representing claimants and officials of the Social Security Administration, which administers disability benefits for those judged unable to work or who face terminal illness.
The agency's plan to hire at least 150 new appeals judges to reduce the backlog, which has soared to 755,000 from 311,000 in 2000, will require $100 million more than the president requested this year.
There are 1,025 judges currently at work, and the wait for an appeals hearing averages more than 500 days, compared with 258 in 2000. Without new judges, federal officials predict even longer waits.
The disability process is complex, and the standard for approval has, from the beginning in the 1950s, been intentionally strict to prevent malingering. But it is also inevitably subjective in some cases, like those involving mental illness or pain that cannot be tested.
In a standard tougher than those of most private plans, recipients must prove that because of physical or mental disabilities they are unable to do "any kind of substantial work" for at least 12 months – if an engineer could not do his job but could work as a clerk, he would not qualify – or prove that an illness is expected "to result in death."
Of the approximately 2.5 million disability applicants each year, about two-thirds are turned down by state agencies, which make decisions with federal oversight based on paper records but no interview. Most of those who are refused give up at that point or after a failed request for local reconsideration.
But of the more than 575,000 who go on to file appeals, two-thirds eventually win benefits.
The growing delays in appeals over the last decade resulted in part from litigation and financing shortages that prevented the hiring of new administrative law judges. In addition, the number of applicants is rising as baby boomers reach their 50s and 60s.
If approved, those who have paid into Social Security receive income comparable to retirement benefits, averaging more than $1,000 a month. The poor, and severely disabled children, receive Supplemental Security Income checks, $637 a month in 2008.
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| FOR
YOUR INFORMATION |
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The
Social
Security
Administration
has
announced
the
Cost
of
Living
Adjustment
(COLA)
for
2008.
It
will
be
2.3%,
down
from
the
3.3%
COLA
for
2007.
The
following
information
is
from
the
National
Organization
of
Social
Security
Claimants
Representatives:
Title
II
beneficiaries
will
see
the
2.3%
increase
effective
with
December
benefit
payments
received
in
January
2008.
SSI
beneficiaries
will
see
the
increase
in
their
January
2008
payments,
received
on
December
31,
2007.
In
2008,
the
average
monthly
Title
II
benefit
for
disabled
workers
will
be
$1004,
and
for
a
disabled
worker
spouse
and
one
or
more
children,
the
average
monthly
benefit
will
be
$1690.
The
average
benefit
for
a
retired
worker
will
be
$1079.
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| FEATURED
EMPLOYEE |
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 Daryl
Greene
Office
Services Manager
E-mail:
dgreene@kraftlaw.com
Mr. Greene joined our firm in 1995, after he
worked for a number of years in the automobile
repair business. Mr. Greene has responsibility for
all office services, supplies and equipment at our
firm.
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| FEATURED
CASE |
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One type of immigration matter that comes up too frequently is the odd-sounding VAWA case. A spouse, child or parent who has been subject to extreme cruelty or battery by a U.S. citizen or lawful permanent resident (LPR) spouse or parent may file a Violence Against Women Act (VAWA) self-petition. VAWA petitions are available to the victims of domestic violence and may be either male or female victims. In order to qualify, a victim of domestic violence has to meet several requirements. The self-petitioner must establish that he or she is the spouse of a U.S. citizen or LPR; resides in the United States when the self-petition is filed; resided with the abuser in the United States in the past; has been battered or subject to extreme cruelty by the Citizen or LPR spouse during the marriage; is a person of good moral character; is a person whose deportation would result in extreme hardship to himself, herself, or his or her child; and the victim entered into a good faith marriage with the Citizen or LPR.Before filing a VAWA case, evidence must be gathered to establish the above-mentioned requirements. For example, the petition must be accompanied by evidence of the marriage relationship, such as a marriage certificate. To satisfy the requirement that the abusive spouse or parent is a U.S. Citizen or LPR, a copy of their birth certificate or resident card should be provided. With respect to providing evidence of the abuse, the victim may include police reports, temporary restraining orders, affidavits from police and judges, medical reports, and letters from doctors. To satisfy a good faith marriage requirement and the requirement that the self-petitioner resided with the abuser, the self-petitioner must submit documentary proof which includes, but is not limited to, joint accounts, credit card bills evidencing both names, apartment leases, driver’s licenses showing the same address of both, insurance records held in both names, federal tax returns filed jointly, and birth certificates of children. In order to show that the victim is a person of good moral character, the self-petition should provide an affidavit from the self-petitioner, accompanied by a local police clearance, and letters from individuals. Evidence of extreme hardship includes affidavits, birth certificates of children, etc.
Once the VAWA petition is approved, the next step will be to proceed with obtaining permanent resident status based on the approved self-petition. Please contact us if you have been or are subject to abuse by a U.S. citizen or LPR spouse, or parent.
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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. 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 try to refer you
to another attorney or to a government
agency that can help you. There is no
charge or obligation for that first phone
call. |
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Copyright
© 1997- 2008 Kraft & Associates : Injury &
Disability Lawyers, 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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