April 2009

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25,000 Defective Playpens Recalled

The Chicago Tribune reports, "About 25,000 Travel Tender playpens, made in China and imported by Simplicity Inc. and SFCA Inc. of Reading, Pa., have been recalled because one or more rails can collapse unexpectedly, posing a possible hazard to children." The playpens "were sold at Burlington Coat Factory stores nationwide and online at Babiesrus.com, Target.com and Kohls.com from March 2005 through January of this year."

If you have one of these playpens, stop using it, and contact the store or the manufacturer as soon as possible. We don't want your child to be injured!

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.

 



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

 FOR THE RECORD


Ten Things to Take to an Immigrant Visa Interview

Most of our immigration clients are understandably nervous before their visa interview. This interview will determine whether the visa petition will be granted or denied. We always spend time with our clients before the interview to explain the process and to give them an idea of the types of questions that may be asked. Another thing we do is make sure each client knows the importance of taking certain documents to the interview.

Once an immigrant visa applicant has been scheduled for a visa interview, a consular officer will require seeing specific documents for visa processing. Certain U.S. embassies and consulates have their own local requirements for processing immigrant visas. Generally however, all visa applicants should take the following documents to their interviews:
 
1. Passport: Each visa applicant must take his or her original passport. This includes expired and unexpired passports.
 
2. Birth Certificate: A certified copy of each applicant’s birth certificate is required.
 
3. Marriage Certificate: If the visa applicant is married, a certified copy of the marriage certificate bearing the seal of official government authority.
 
4. Divorce Decree (or Death Certificate): If the visa applicant is divorced (or spouse died), a certified copy of every divorce decree (or death certificate, if applicable) bearing the seal of official government authority.
 
5. Police Certificate: Each visa applicant must apply for a police record clearance from every country in which the applicant lived for more than six months, since the age of 16. The police record clearance must be obtained for each applicant, even if the applicant has never been arrested. The police certificate must be obtained before attending the visa interview.
 
6. Medical Examination and Supplement (Immunization Records): A medical examination by a designated physician is required before attending the visa interview. The applicant will hand-deliver the sealed envelope to the consular officer at the interview.
 
7. Employment Letter or Proof of Financial Support: If the visa applicant was sponsored by a U.S. employer, an employment letter confirming a job offer is required. If the visa applicant was sponsored by a family member, the U.S. citizen or permanent resident relative must submit an Affidavit of Support on Form I-864.
 
8. Immigrant Visa Application: The visa applicant must complete Form DS-230, Part II and take the completed form to the interview. It is important that the applicant not sign the form because this particular form is to be signed only in the presence of the Consular Officer.
 
9. Approval Notices: Visa Applicants must take all approval notices they have ever received.
 
10. Waiver Applications (if applicable): For certain visa applicants who are ineligible to enter the United States, a waiver application is required.
 
 FOR YOUR INFORMATION

Continuing Work in Congress to Reduce Social Security’s Backlog

With the average waiting time to get a hearing before an administrative law judge taking well over a year, Congress is always considering ways to reduce Social Security’s disability backlog. Claimants are often required or encouraged by their long-term disability insurance companies to file for Social Security Disability benefits. But not all such claims are meritorious. Social Security has clear rules on what types of claims qualify. U.S. Senator Chuck Grassley said his survey of private insurers has found that some are needlessly contributing to the Social Security disability backlog, and he urged the Social Security Administration to recommit itself to preventing disability benefit application fraud and to work with the Inspector General to penalize and prosecute those filing false disability claims. Please read his entire press release.

We commend the work of Senator Grassley in his effort to reduce or eliminate groundless claims. Every year we work hard to bring only meritorious claims to hearing. All lawyers working in this area of law are made aware daily of just how dire the needs are of those we represent. It is unethical, we believe, for anyone to delay an already overburdened system with a disability claim that is not rooted in a good faith belief in the merits of the case.

 FEATURED EMPLOYEE

Nicole D. Collier
Attorney

E-mail: ncollier@kraftlaw.com
 

Ms. Collier received her bachelor of science degree from the University of Houston and her law degree from Texas Wesleyan University School of Law. While in law school, Ms. Collier served as class representative of the Student Bar Association and was a member of the Moot Court Honors Society. Ms. Collier was selected as the Hooding Speaker at the school’s Hooding Ceremony. She is a former member of the Texas Wesleyan Alumni Board. Ms. Collier joined our firm in 2003 after working at other area law firms. In addition to Personal Injury, Ms. Collier has experience in the areas of Family, Criminal, and Workers' Compensation law.

Ms. Collier is a member of the Board of Directors of the Dallas Trial Lawyers Association and is also a member of the Dallas Bar Association and the Texas Trial Lawyers Association. She is on the Membership Committee of the Texas Trial Lawyers Association.

 FEATURED CASE
Sarcoidosis and Social Security Disability

Recently we won Social Security Disability benefits for an individual with disabling sarcoidosis. Social Security recognizes well over a hundred Listed impairments. These impairments are considered severe enough that, when all criteria are met, an individual is found disabled regardless of age, education, and prior work history. But there are many conditions that can be disabling, but do not have a corresponding Listing in the Social Security Regulations. Sarcoidosis is one such example.
 
One of the difficulties in establishing Listing criteria for a disease like sarcoidosis is that there are wide ranging symptoms and severity. An individual may have the diagnosis but essentially have no symptoms, but another individual may die from the disorder. Though sarcoidosis can attack any part of the body, usually the lungs are the first to be impacted, with sometimes significant shortness of breath being the most notable symptom. Prednisone is often prescribed and may, if an individual has taken it for a long time, indicate that the individual has a severe illness.
 
In our experience in several cases where sarcoidosis was the basis of disability, the combination of symptoms from several body systems was the key to winning the claim. Sarcoidosis is a rheumatic disease (it involves joints, soft tissues, and connective tissues) and can, therefore, be analogous to either lupus or undifferentiated connective tissue disorder, for which Social Security has established Listing criteria. Sarcoidosis is distinguishable from other rheumatic disorders in that sarcoidosis can damage the central nervous system and reduce vision.
 
Successful resolution of the case often depends on seeing the right specialist – usually a rheumatologist – and possibly seeing a related specialist in the affected body system, such as a pulmonary doctor who can evaluate lung functioning.
 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.

Our firm can help you understand your rights under Federal and Texas consumer protection laws and assist you with stopping creditor wrongdoing, obtaining compensation for wrongful acts by creditors, or with correcting your credit report. We can also help you evaluate your options and decide whether a Chapter 7 or Chapter 13 bankruptcy case might be your best option. Most clients can protect all of their property, income, and assets in a bankruptcy case, and obtain the "fresh start" promised by the United States Bankruptcy Code.

Kraft & Associates is a federally designated Debt Relief Agency under the United States Bankruptcy Code. We assist people with finding solutions to their debt problems including, where appropriate, assisting them with the filing of petitions for relief under the U.S. Bankruptcy Code.

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