August 2010

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Disability.gov Site

The federal government has an excellent resource at Disability.gov for anyone seeking more information about disabilities or the laws and regulations applicable to disabilities.

Most-Stolen Vehicles

If you own one of the vehicles on this list of most-stolen vehicles, you might want to be a little more careful and keep it in the garage at night.

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


Announcing a FREE Consultation Regarding Medicaid Planning for Nursing Home Care

Our law firm is constantly evolving to better serve you.

Over the past year or so, we have heard disturbing stories from many of our clients about a relative or a friend who is facing the possibility of entering a nursing home or long term care facility.

Of course we all would prefer to live our full lives at home, surrounded by loving family. Unfortunately, this is just not always possible. Many times an elderly or disabled person simply requires more medical care and attention than can be provided by family members. That’s when a nursing home must be considered.

The problem, as reported by our clients, is that these relatives or friends have too much in hard-earned assets or income so that they do not qualify for Medicaid. And yet all those assets will be consumed by nursing home costs, sometimes in less than one year. So the disabled person has no way to pass on any inheritance to children or other relatives.

But it is possible for your relatives and friends to preserve their assets for their loved ones and still qualify for Medicaid to pay nursing home costs. This can be done by strategic legal planning now available through our law firm. Remarkably, it is even possible to do this after someone has already entered a nursing home.

Please contact us if you want to take advantage of a special FREE consultation we are offering to our former clients and their friends. This consultation is for those who have a relative in a nursing home or who are concerned about the possibility of either entering a nursing home or having a relative enter a nursing home in the future.

You do not have to be "rich" to need the financial planning we can offer. To qualify for Medicaid you cannot have more than $2000 in assets or about $2000 per month in income. So very few people actually are qualified for Medicaid without some form of financial planning.

What happens to most families is that one member enters a nursing home and all of that person's income and assets go to the nursing home until there is nothing left. That's when Medicaid finally takes over and begins paying the nursing home bills. Don't let yourself end up in that situation.

P.S.  We can also help disabled people who qualify for Aid and Attendance Veteran benefits. The disability does NOT have to be service-connected, and the veteran or spouse does not have to be in a nursing home in order to receive benefits of up to $1949 per month. Call us if you have any questions about these benefits.
 

 FOR YOUR INFORMATION
Has Your Lawyer Ever Been Disciplined?
 
Courtesy of FindLaw, there is a list of appropriate agencies in each state that can tell you, usually online, whether a lawyer has been disciplined in that state. In Texas you just visit the State Bar site. Here is an explanation from FindLaw:

An important step in evaluating whether an attorney is right for you is investigating whether he or she has ever been disciplined.

All states have a disciplinary organization that closely monitors attorneys. If a complaint is made against an attorney, the state’s organization will investigate the claim and determine whether or not the attorney has violated any ethical rules. If so, the organization will discipline the attorney as appropriate.

Attorneys can be disciplined for various reasons – from failing to pay their bar dues to misappropriating client funds to gross ethical violations. Some attorneys who have been disciplined are no longer eligible to practice law. You should never hire an attorney who is not currently eligible to practice law.

It is to your benefit to thoroughly research an attorney’s disciplinary history. You should take into account any previous discipline taken and the circumstances surrounding the discipline.

The following state links will help you learn whether an attorney is currently eligible to practice law or has been disciplined in the past. If you need additional information regarding an attorney, follow up with the appropriate disciplinary committee.
 

 FEATURED EMPLOYEE


Genevieve Chavez
Legal Assistant

E-mail:gchavez@kraftlaw.com


Ms. Chavez is a Texas native. She graduated from the University of Texas at Austin. As a student she actively participated in Young Democrats, Mexican American Cultural Committee and other campus based organizations. She received her dual Bachelor of Arts in Political Science and American Studies accompanied with a minor in the English and Spanish languages. She went on to volunteer and intern for the Irving-based immigrant non-profit organization known as DCET. Before joining our firm in 2007, she was employed by another prominent Dallas law firm.

Ms. Chavez continues to be politically active around her community by participating in local and state level campaign work. Ms. Chavez is fluent in Spanish. She works with new clients in our Social Security disability department, and writes briefs for use in hearings with Administrative Law Judges.

 FEATURED CASE
When Even Cancer Won’t Bring You a Social Security Check

Although Social Security implemented changes in its “Malignant Neoplastic Diseases” criteria in November of 2009, determining disability as a result of cancer can still be difficult. In many cases, extra time is needed for Social Security to decide whether or not disability may be granted. This is due in part to the large number of treatment options available for most cancers. Often, combinations of treatments are prescribed and rotated, enabling deferment of a decision until treatment options have been exhausted (13.00E3). Additionally, if symptoms can be attributed to “temporary” reactions to cancer-treating drugs, a disability decision may be deferred until these symptoms subside and allow for clear judgment based solely on the presence or absence of debilitating cancer (13.00G3). These symptoms resulting from therapies can last up to a year and, in some cases, even longer.

Hodgkin’s Lymphoma: Disability Issues

Although it may seem that Hodgkin’s affects only young adults, there are many individuals over the age of 55 who suffer from the condition. Males aged 45 and older are at risk for diminished success in treating Hodgkin’s, which is generally considered to be a highly treatable cancer. Challenges that prevent these individuals from receiving disability can be severely detrimental to both health and financial viability.

When attempting to collect Social Security disability benefits based on cancerous diseases, Hodgkin’s Lymphoma can be especially difficult. If it reappears over twelve months after completion of treatment, Social Security considers Hodgkin’s a new disease rather than a recurrence (13.00K1c).  This can be frustrating, as a new disease often takes longer than a recurrence to receive a disability decision. Initial disability may also take a year to obtain, as Hodgkin’s must resist treatment for twelve months in order to merit disability. The only other option is to undergo a bone marrow or stem cell transplantation, which secures disability for at least twelve months following the procedure.

This guest article is by Ms. Alexis Bonari.
 

 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 law firm also 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.

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 no charge or obligation for that first phone call.


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