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Treating Both Genders Equally When It Comes to Child Custody

Immigration Petitions: What You Know Now Can Help You Later

Posted by on Sep 26, 2016 in Uncategorized | Comments Off on Immigration Petitions: What You Know Now Can Help You Later

If you are filing an immigration petition to have a relative be able to relocate to the United States, it will help you to know ahead of time why the petition might be denied. If you know now, then you can take steps to ensure your application does not trigger one of those causes. Waiting for approval or denial of the petition can be nerve-wracking, but if you’ve done all you can to satisfy the requirements and avoid those denials that are avoidable, the wait should be a lot calmer. Missing a Deadline Some versions of the petition, for lack of a better term, have deadlines. For example, if you are the person who is the subject of the petition, and your spouse, who was supposed to file the petition, dies, AllLaw says you can still file another petition, but you need to do it within two years of your spouse’s death. If you forget to do that, the petition can be denied easily. Even if there have been no deaths, keep track of all potential deadlines and do not put off doing paperwork. Missing a Fee Sadly, immigration fees change all the time, often with little warning if you’re not constantly watching them. Double-check the fees at the time you file the petition. In other words, don’t check the fees when you start filling out the petition or when you decide to file in the first place. Check the day you send it in. If you have other forms you need to fill out and send in, check the fees for those on the days you send them as well. It sounds like a pain, but it will save you much more pain later on. Not Enough Documentation Whether you forgot a copy of a birth certificate or your marriage was a whirlwind romance without a lot of prior contact, a lack of documentation showing your relationship and the history of the relationship can tank your petition in a heartbeat. Petitions based on marriage can be particularly tricky because there is so much fraud out there; immigration officials may scrutinize your petition if it’s based on a quick marriage. Even sibling and parent relationships need adequate documents because immigration officials won’t go simply by last names or by people just saying you’re related. You need to provide documentation that proves, without a doubt, that everyone is who they say they are. It is also possible to have your petition denied because immigration officials made a mistake, but there’s not much you can do about that except talk to a good immigration attorney at a law firm like Tesoroni & Leroy to find out how to re-file. In the meantime, you can watch out for the other potential denial reasons and do your best to avoid...

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Three Things To Avoid During Questioning At A Disability Hearing

Posted by on Sep 2, 2016 in Uncategorized | Comments Off on Three Things To Avoid During Questioning At A Disability Hearing

Once you’ve filed the appropriate papers for your disability suit, you might think the hard part is over and that you’ll soon be notified about when you’ll be receiving your SSDI benefits. However, you still need to talk to an administrative judge at a hearing specifically designed to learn more about you and your particular needs. This can make you uncomfortable, but if you can manage to steer clear of the following errors, your hearing should go well. Repeating Information in Your File Because you are nervous, you might want to just repeat what your doctor’s notes say, especially if you’ve spent time looking through your medical records. You may think that way, you won’t say anything that could jeopardize your claim. However, the administrative judge has likely already looked at everything in your file in preparation for your hearing, so they don’t need that information again. What they need is to have information from you about how your disability is manifesting in your life. Speak plainly about what you’re dealing with. Not Giving Examples Your plan might be to answer direct questions and nothing more during your questioning. However, before your hearing, think about specific examples you can share to show what life is like for you. Do your muscles ache throughout the day? Are you having seizures more often? Are you unable to think clearly? Offering specific instances that detail how your health interferes with tasks and work can bolster your claims. The judge will be better able to understand why you cannot continue to work as you have been. Making Things Seem Worse Than They Are It can be very easy to start trying to earn sympathy from the judge who is asking you questions. You may start to think that you’ll make things better for yourself if you overstate your disability and stress how awful life is as a result. This is exceedingly risky; remember that the judge hears these kinds of cases all the time and can make a reasonably accurate assessment of whether someone is being truthful. Not only that, but you could make statements that directly contradict what your physician’s remarks say. If that happens, you could be in real danger of losing any benefits you thought you’d receive. It can be nerve-wracking to talk to a judge about your disability. Using the advice in this article can help. Think about consulting a lawyer from a law firm like Bruce K Billman to get more guidance for your testimony and to oversee your entire case so that you have a better chance of earning...

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Loved One Died While In The Hospital? Two Reasons Why You May Need A Wrongful Death Attorney

Posted by on Aug 17, 2016 in Uncategorized | Comments Off on Loved One Died While In The Hospital? Two Reasons Why You May Need A Wrongful Death Attorney

If a loved one recently passed away while in the hospital, you may be left reeling.  This is especially true if the individual seemed to be getting better, only to take a dramatic turn for the worse.  While it’s easy to imagine that it was simply their time to go, it’s possible that you still have some suspicions.  Use this information to learn more about why it may be time to hire a wrongful death attorney. Attorneys Can Call In Expert Witnesses The main reason why you should hire an attorney after a loved one dies while under medical watch is because the lawyer can bring in expert witnesses.  This is critical, because you’re going to need the evidence that they can provide in order to substantiate your case. For example, your attorney may bring in a non-biased medical doctor who can review the particulars of the malady that your loved one had.  Based upon their experience and research, they’ll be able to give a more compelling testimony concerning whether or not the treatment that was administered was the right method for the illness.  You may not even be aware of the ways that your loved one may have been mishandled, but the expert witness can help to make it plain for you. Armed with the testimony of the expert witness, you’ll be able to file a compelling lawsuit so that you can receive restitution for your tremendous loss. Attorneys Understand That Time Matters Another reason why it’s so important to have a lawyer on your side in a wrongful death case is because these legal professionals understand that time matters.  The longer you wait before compiling and filing your case, the more evidence will be lost. You need to take swift action so you can get everything you need.  If some wrongdoing was indeed the culprit behind the death of your loved one, important records, tapes, and other forms of evidence may be destroyed by the person who was responsible.  Your attorney can obtain the permits necessary to secure this information before someone has a chance to get rid of the kind of information that can make a huge difference in the outcome of your case. Getting a wrongful death attorney could turn out to be one of the best decisions you could have made.  When your loved one has passed away while in medical care, contact an attorney, such as those found at Shaevitz Shaevitz & Kotzamanis, so you can enjoy these benefits and many...

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Injured While Camping In A National Park? Who To Sue And How To Sue Them

Posted by on Jul 14, 2016 in Uncategorized | Comments Off on Injured While Camping In A National Park? Who To Sue And How To Sue Them

If you go camping in a national park and you are injured there, you may be able to sue. While most people assume that camping in a state park comes with some risks (e.g., encountering hungry wildlife, tripping over tree roots, etc.), certain injuries above and beyond these risks may be viewed as grounds for a personal injury lawsuit. Here is how your personal injury lawyer will determine who to sue and how. Man-made Features Versus Natural Wonders First and foremost, you cannot sue the government (the regulating body for the national parks system) for any natural wonder that causes you harm. For example, if you got too close to the edge of a hot geyser and were burned by the hot water as it erupted from its opening in the ground, you cannot sue for that. On the flip side, if you used a toilet in one of the bathrooms or available outhouses in the park and you were bitten by wildlife in that facility or the toilet exploded underneath you because of a plumbing problem in the park, then you can sue. In these cases, a man-made structure or facility was the primary cause of your injuries. If you only suffered injuries because of plumbing problems, you may be able to sue the governing body. If you incurred injuries because of wayward wildlife, you can sue the park staff who should have cleared the restrooms of unwanted pests and/or wildlife. Issues with Predatory Wildlife If you did nothing to encourage or antagonize larger predatory animals in the park but they attacked you anyway, you may be able to sue for this. Sometimes when the park rangers are aware that there may be a man-eating animal in the park, they may post signs for campers to “camp at your own risk,” or they may just try to eliminate the problem with campers in the park with no warning. If they were aware of a possible problem with a predatory animal (bear, puma, wolf, coyote, etc.) and did not warn you and you were hurt as a result, you may be able to sue the park rangers and/or the governing bodies for that particular national park. How to Sue Your personal injury lawyer will examine any and all contracts you may have signed prior to paying for a camping spot in the park, if applicable. If there are no contracts or fine print barring you from suing, then your lawyer will take a look at the precedence of cases involving injuries in national parks to determine what laws apply and how to proceed. Then he or she will file a lawsuit on your behalf and schedule a date for the hearing. You will need to provide all of the documentation necessary for your case and appear for your hearing on time. Any appeals or additonal hearings on the matter will also be handled by your...

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Helping Your Child With Epilepsy Receive Social Security Benefits

Posted by on Jun 29, 2016 in Uncategorized | Comments Off on Helping Your Child With Epilepsy Receive Social Security Benefits

Children with epilepsy are dealt a very difficult hand early in life. Many will find it difficult to grow and progress due to their disorder, and will experience a wide range of problems. Understanding the impact of this disease and the way that social security can help, can give your child the support they need to live a full and happy life. The Impact On Your Child’s Life Will Be Immediate If your child has epilepsy or develops symptoms later in life, they are going to suffer from a variety of problems that make their life more difficult. The severity of this condition makes it likely that these problems will be immediate and difficult to manage. Children who suffer from epilepsy may have many of the following concerns: Issues with academic career Learning disabilities Behavioral problems caused by their seizures Problems emotionally dealing with seizures Difficulty fitting in with peers and others This can make them more difficult to raise or cause problems later in their life. People with epilepsy often have a hard time finishing school, developing relationships, or becoming financially independent. This doesn’t have to be the fate of your child, as social security benefits can ensure that they have some form of support later in life. This can help them finish college and find a successful career. Beyond that, it can also help them receive the physical and mental health benefits they need to manage their symptoms and live a happy life. Ensuring Your Child Qualifies There are a few different ways that your child can qualify for social security disability for epilepsy. The first of these is qualifying through the Blue Book listing. This manual includes a variety of disability listings that help gauge whether a person requires social security to maintain a reasonable lifestyle. These qualifications include: Daytime seizures that cause your child to lose consciousness or severely convulse Seizures during that night that make it difficult to function during the day Seizures for at least one month after being on seizure medications for three months These qualifications are strictly for convulsive epilepsy. For non-convulsive, you require evidence of seizures during the day and night that cause unusual behaviors, difficulty staying awake, difficulty thinking, and other issues that make life difficult. However, your child can also qualify for epilepsy through an RFC analysis, which includes reports on how epilepsy affects your child on a daily basis. Make sure to fill these out with your child in a detailed manner in order to make sure they qualify. It’s also worth knowing that you may be able to receive tax benefits if your child has epilepsy and that they might be able to receive the same benefits as an adult. To learn more about your options and to sort through your child’s disability rights, please contact a social security disability lawyer, like Drummond Law LLC-Disability...

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Common Defenses To A Personal Injury Lawsuit

Posted by on Jun 8, 2016 in Uncategorized | Comments Off on Common Defenses To A Personal Injury Lawsuit

Being injured can put you out of work, give you high medical bills and cause distress in your life. After you were injured, you might seek a personal injury lawsuit to collect money to help you with these hardships. If you have had an injury and are seeking compensation through a personal injury lawsuit, you should be aware of the potential defenses the other side might take against your case. Comparative Negligence In order to lessen the amount that is paid to you, it might be argued that you were partially at fault for whatever accident injured you. When a certain amount of fault can be placed on you, it will lessen the amount that has to be paid out. The total damages you are seeking and that are owed to you will be reduced by the amount that you are found at fault. For example, if you are seeking damages of $30,000 and you are found to be 50% at fault, you can then only receive $15,000. Contributory Negligence If you live in one of five states–Maryland, North Carolina, Alabama, Washington DC, or Virginia–then if the other side can prove that you were at fault for even a very small percent of your accident, then you won’t receive any damages at all for your accident. This defense is often used if it isn’t apparent who was totally at fault and if there might be some chance that you could be responsible for any part of your accident. Assumption of Risk If you had a personal injury, it might be argued that you willingly participated in an activity that injured you when you knew the risks of getting injured. In order for this defense to be used properly, the type of harm that you suffered must relate closely to the type of injury you would expect by doing this activity. For example, if you were hit by a fly ball at a baseball game, it might be argued that you assumed this risk by attending a baseball game, where fly balls are known to go into the crowd. Talk with your accident lawyer like one from Trump & Trump about these defenses to determine whether or not the other side might be able to use any of them. This will help you get a more realistic grasp on what sort of compensation you can expect, and ensure that there are no unwanted surprises when you show up in court and the other side offers one of these...

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There May Be Other Options During A Workplace Injury Issue

Posted by on May 23, 2016 in Uncategorized | Comments Off on There May Be Other Options During A Workplace Injury Issue

An injury on the job can expose a lot of mistakes, inefficiencies, and policy problems, but it can still be a great opportunity for all involved. There may be other forms of compensation or other responsible parties that need to be considered, but you don’t want to accidentally risk your workers compensation claim. Before signing anything, take a look at a few alternative or supplemental compensation angles to get what you–and maybe even your company–deserve. Be Careful Before Suggesting A Different Problem Being injured on the job because of a past injury isn’t necessarily your fault, but it creates a situation where your employer or the involved insurance agencies may not be able to (or want to) compensate you.  Consider an accident where a worker falls over safety rails because of a weakened leg from a past injury. It’s a reasonable accident and there might not be proof about whether it’s your fault or because of a spill or debris, but bringing up your injury without a lawyer could jeopardize your claim. If you’re sure that the fall was caused by your weakened leg and that weakened leg was from an injury that someone else caused, you may also be entitled to past compensation. The old injury is causing current problems with employment and is putting your life at risk. You don’t need to keep this conflict a secret or risk benefits by talking if you simply speak to a lawyer first. Talk with a personal injury lawyer and discuss your situation. The falling over a rail situation may have a lot of other factors, but every accident is different and there may be ways to make sure that you get the nearly immediate benefits of workers compensation as you pursue legal action against your original injury’s costs or look for other forms of support. What Other Benefits Are Available? A personal injury lawyer can discuss the available options unique to your specific situation, but listed below are a few options that could deliver benefits or payments from legal action: Personal injury lawsuit. In a personal injury claim, you can take legal action against the group or individuals that caused the original problem. This can be an issue if you’re already settled out of court for the original issue, but make no assumptions. A clear and significant disability that your past settlement or judgement didn’t cover is worth bringing up in court again if you haven’t been to court already for the issue. Social Security Disability benefits. Social Security is a social safety net designed to provide assistance for people with permanent or temporary disabilities. Although the program can support people who are permanently disabled, one of the goals is to rehabilitate a person to the point of being able to earn an independent income or to reduce their reliance on the program. Veterans Affairs (VA) Disability benefits. Disability from the Department of Veterans Affairs is different from the social security system. It’s actually a compensation system that pays veterans and provides medical support for your condition. If you’re already a disabled veteran with an official disability rating, you can apply for an increased rating using the work incident as evidence. If you’re not rated as disabled, using the incident as evidence for an initial claim or appeal can deliver evidence that many veterans struggle to provide for conditions that are difficult...

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Can Bankruptcy Get Rid Of Student Loan Debts?

Posted by on May 6, 2016 in Uncategorized | Comments Off on Can Bankruptcy Get Rid Of Student Loan Debts?

According to MarketWatch, student loan debts grow $2,726.27 every second. If you are one of the millions of Americans that have overwhelming student loan debts, bankruptcy could possibly be the answer to relieving that debt. Before filing, it is important to understand how it can impact your debts and what you need to do to qualify fro relief.  What Happens to Your Debt? When you file for bankruptcy, how your student loan debts are handled depends on which filing you choose. If you file for a Chapter 13 bankruptcy, the debts are factored into your repayment plan. As you make payments to the trustee over the course of three to five years, he or she will ensure that the student loan is also paid.  In some situations, the balance of a student loan debt can be discharged if you meet certain requirements.  However, if you file for a Chapter 7, there is a chance that your student loans can be discharged. If the debts are discharged, you are no longer responsible for them. Whether or not the court decides that you can discharge depends largely on your ability to pay.  How Can You Get Debts Discharged? Regardless of if you filed for Chapter 7 or 13, if you have reached the point at which you want to discharge the student loan debts, you have to prove that it is virtually impossible for you to pay the debt.  When assessing your ability to pay, the courts rely on the Brunner test. The test assesses your present financial situation and your history with making payments to determine if the debt should be discharged.  If you have experienced a financial hardship, such as you have lost your job and are not expected to find one in the near future, and have made a solid effort in the past to repay your student loans, you might qualify for a discharge.  However, if you have the financial resources to make the payments and have not had a good history with payments, it is unlikely that the courts will agree to a discharge.  What Can You Do? If you do plan to ask for a discharge of your student loan debts, it is important that you try to make payments while the court is reviewing your petition. Remember, the court is paying attention to how well you have paid the debt in the past. Even if you cannot make a full payment, you show a commitment to at least trying.  For more information, contact John D Rouse or a similar legal...

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Tips For Preparing To Filing Bankruptcy Paperwork

Posted by on Apr 14, 2016 in Uncategorized | Comments Off on Tips For Preparing To Filing Bankruptcy Paperwork

Filing for bankruptcy can be stressful, but it can also be a relief if you have been drowning under your debts. You can help minimize the stress by preparing properly before you begin the process of filing the bankruptcy paperwork. The following are some tips to make the entire process go more smoothly. Tip #1: Check your prior years’ taxes You must be up to date on all tax filings before you can file bankruptcy. If you haven’t yet filed for the current year, or if you are behind on a previous year’s taxes, set aside the time to file before you begin filling out the paperwork. Bankruptcy paperwork depends on accurate income tax numbers, so it is impossible to fill out the forms accurately if you haven’t yet filed.  Tip #2: Put away the credit cards It may be tempting to “stock up” before filing for bankruptcy. This can including charging items that you are afraid will be unaffordable after you file, or taking loans out on items that you think you may need or want later. Unfortunately, acquiring a lot of new debt in the few months preceding your filing doesn’t look good. The court can deny to discharge debt if it appears it was taken on in anticipation of the bankruptcy filing. If you do use your card or take out a loan for any reason, keep the receipts for where the money was spent, and be prepared to include a statement with your paperwork that explains why you used the card or took out the loan. The goal is to show that the money was used for necessities, not luxuries. Tip #3: Don’t hide assets Moving or transferring assets, such as vehicles, land, or homes, to friends or family can look a bit shady to a bankruptcy court, especially if the transfer occurred shortly before filing and there was minimal exchanging of money involved. This can look like you are trying to protect an asset from the bankruptcy proceedings, with the intention of getting it back afterward. You may not be intending to hide assets, you could have simply sold them off in an attempt to pay your debt on your own before seeking bankruptcy. The best way to avoid any appearance of illegal activity is to keep records of all sold assets, along with the amount received, where the money was spent, and the reasons why you sold the asset. If you have concerns about what you should and shouldn’t do to ensure a seamless and smooth bankruptcy hearing, talk with a bankruptcy attorney in your area from a firm like Hornthal Riley Ellis & Maland LLP. They can help you both prepare for your filing and avoid some common...

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Can My Teenager Choose Which Parent Gets Custody?

Posted by on Mar 30, 2016 in Uncategorized | Comments Off on Can My Teenager Choose Which Parent Gets Custody?

The simple answer is yes. Your teenager does have the right to request which parent gains custody over them, but you need to know more than the short answer to this question. There are many factors to take into consideration when the decision of who gets custody of a child within a divorce arises. If the child is a teen, their wishes are generally given great weight in the judge’s eyes. How Can My Teen Choose? The idea that your teen, who is not yet considered a legal adult, can choose which parent to live with can be daunting. But it’s also unnerving for them because they will have to state their wishes, putting them in the spotlight. They can appear at a hearing for the custody case and verbally state which parent they choose (or want) to live with. If you want your teen to choose you and know they have, you can pursue this step. However, psychologists and judges do not recommend it because it can be potentially damaging to your teen’s psychological health. Instead of putting your child in the spotlight, you can opt to have a written statement made by them presented in court. The statement needs to be brief, concise, and state the child’s preference with their reason. Your teen will need to sign the statement.  What Can Go Wrong? Since your child is a teen, their preference will be given great consideration. In most cases, a judge will rule in favor of their wishes. However, there are scenarios in which a judge cannot rule in favor of the teen’s request. Should the court suspect pressuring on either parents’ part or coercion, the situation becomes severely complicated. State laws are also taken into consideration during custody battles. If a law within your state trumps your teen’s wishes, no statement or preference will overturn the proceedings outcome. Some states require the statement made by your teen to be notarized before it is admissible in a court of law. Failure to do so would make the statement irrelevant. Be sure to review the laws in your state and discuss your teen’s preference with an attorney (such as one from http://www.glfamilylaw.com) for pointed legal advice. Ultimately, a teenager can choose which parent they feel is best for them. In some cases, custody can be reassigned based on their preference once a teen turns a certain age. It is crucial that any parent figure involved stay unbiased in their teenager’s...

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