Many people go through the process to apply for Social Security disability benefits and get denied the first time. If this has happened to you, there is still hope because you can appeal the decision. There are four main levels of an appeal that you need to understand to increase the likelihood successfully overturning a denial of benefits.
In most states, you’ll begin the process with a formal request for reconsideration as soon as you’ve received your denial. Some states skip right to the second level of an appeal, the hearing stage. In either case, your denial letter will supply the information that you need to begin the process. There is about a 5 to 10 percent chance that your appeal will be granted at this level.
Your next step is to request a hearing within 60 days of the denial of your first appeal. The hearing, which you’ll need to be present for, will take place before an administrative law judge. Statistically, administrative law judges grant about 67% of the claims that come before them.
If you are one of the unfortunate ones that lose at their disability hearing, your next step will be to request that the Appeals Council review your case. It’s highly unlikely that the denial will be successfully reversed at this level.
The final step is to appeal the decision to the U.S. District Court. If you don’t have an attorney, it is highly recommended that you hire one for this step. The court usually only reviews cases for legal errors, but sometimes will also consider factual errors. Your likelihood of successfully appealing a denial of benefits at this level is about 33%.
Understanding what to expect is the first step to successfully appealing a denial of your disability benefits. An experienced social security disability lawyer is able to assist you at any level of appeal, and will further increase the likelihood of winning the benefits that you deserve.
If you and your spouse have decided that you are going to get a divorce, but you do not know how to tell your children, it’s probably because it’s not a very easy thing to do. From the perspective of the child, the family unit is everything, and when that breaks apart, they are in a world of turmoil. It’s even worse when one parent, or even both, try to get the children to take sides. Children should never be placed in this situation. Unfortunately, it does happen and there are ways that you can tell your children initially what is going on and that you will soon be divorced from each other.
Best Tips When Telling Your Kids You Are Getting A Divorce
The very first thing that you should do is have a meeting with your kids. This will include both of you. This is a meeting that should not have any information about specifically why you are getting a divorce, but they do need to have a reason. They may have already known that things were getting rough based upon arguments that may have been escalating. However, it still needs to be talked about in a specific way. By having this meeting where both of you expressed why it is that you are getting a divorce, and why this is better for the family, you can ease the tension in the household and also make the transition a little bit easier.
Things To Never Say When You Tell Your Kids About Your Divorce
There are a couple things that should never be said during this meeting. First and foremost, neither spouse is to place blame on the other. It needs to be a mutual decision, one that is expressed in a very logical manner, not one full of emotion. Second, the children should never be asked what they think about this from the perspective that one person is more right than the other. If they do ask questions, you can answer them, but try to do so as neutrally as possible so as to limit the pain-and-suffering that is to follow.
These basic tips on how to tell your kids you are getting a divorce will make it easier on them. It simply a decision that is going to cause them a lot of pain. By doing this in the way that was described there should be a minimization of the initial pain that they feel once this is explained.
The federal government has come up with a few mandates that should be used to establish predictable and consistent awards when it comes to child support. Here are some of the categories that are used in the determination of child support.
• Income And Deductions
The income of both parents is taken into consideration. The amount that each parent contributes to the household will be used to determine the amount to be paid in child support. The gross or net income can be used depending on the specific state.
On the other hand, the income is subject to some deductions. For instance, if one of the parents is paying alimony or child support from a previous situation, the amount is deducted from the income. Of course, these deductions need to be court ordered rather than voluntary and they must actually have been paid.
• Health Expenses
The child support mandate needs to identify the specific parents who should be taking care of the health insurance payments for the children. If there are any extraordinary medical expenses, they will be considered as well. There are some guidelines in place, especially if there are any out of the pocket payments that must be made for the child’s health. The amount paid for health care is added to that of child support and credited to the parent responsible for paying it.
• Visitation And Custody Agreements
In determining child support amounts, the guidelines also take into account the custody or visitation agreements in place. A parent with more custody rights will pay less child support. Shared visitation and custody are also considered since it will be less than a case with sole custody and little or no visitation.
A court is always the best way to decide any extenuating factors that determine the overall child support payments, for more information contact a lawyer.
Are you deciding on whether or not to sign a prenuptial agreement? Well, each circumstance is unique, so don’t sign it just because your friend, acquaintance or relative signed one. Here are some pros and cons that you should help you decide.
• Each spouse’s property before marriage will be properly documented separately for protection.
• In the event of a divorce, the prenuptial agreement suffices as an estate plan that allows ample property distribution.
• The agreement details any special agreements between the couple
• The document reduces any conflicts during divorce proceedings as well as being cost-efficient since it reduces the time used to distribute property between the two individuals.
• In the event of any debt liability such as mortgages, credit cards or school loans, the prenuptial agreement establishes the right procedures to be followed.
• People always change and relationships can crumble any time. If you have a prenuptial agreement ready in hand, you can always save yourself the trouble of going through a nasty and expensive divorce. Regardless of whether or not you’re in marital bliss right now, you should be prepared for anything and that’s why the document comes in handy.
• Regardless of whether child custody or support has been mentioned in the prenuptial agreement, the court has the final say on what happens. Therefore, the document will only provide procedures of dealing with assets but not the children.
• Discussing what to do in the event of a divorce before the marriage starts can be a bad omen. The first years, a married couple is supposed to enjoy marital bliss without thinking whether the spouse will leave any debt or take away any property. Therefore, to most people, signing a prenuptial agreement might be a sign of bad luck in the marriage.
With these pros and cons, you should weigh on your particular circumstance and decide whether you should sign a prenuptial agreement or not.
Believe it or not, pro bono cases actually don’t receive much attention. This is due to the that a lot of pro bono work is done in criminal defense cases. The criminal defense attorney agrees to work for free or a small compensation in order to represent their client. This seems almost backwards as most of the time clients pay their criminal attorneys a lot of money because they are under the assumption the more money they spend the better their defense will be.
There has been on case recently that has been be “partially” pro bono. This was the famous trial of Casey Anthony vs the State of Florida. All of her lawyers worked for a very small fee and spent almost three years prepping her defense. The real question is “Why?” Is representing Casey Anthony in her case against Florida really “for the good of the people” as pro bono suggests? Was it a social commentary on how it’s hard to find good representation when you can’t afford it? In all honesty, probably not. Nevertheless she was found not guilty in the murder of her child. In my opinion these lawyers took on this case pro bono not for the good of the people but for publicity.
A lot of employment lawyers also do pro-bono work but this time it’s truly “for the good of the people” especially when it comes to the advancement of legislation for human rights. At lot of employment attorneys will take discrimination cases whether they be age, sexual, gender, etc pro bono and then take part of the settlement as their pay. The same can be said for all personal injury attorneys. All personal injury attorneys work pro bono until settlement when they take a percentage. Sometimes this can be up to 40%… so much for the good of the people right?
If you find yourself in the unfortunate situation of dealing with a personal injury, you may be wondering whether you should file a personal injury law suit.
Why may some people shy away from the idea? The reasons can vary, however one factor that may play a role is effort. After suffering a personal injury, energy and motivation levels can be low. The person can be fully focused on getting better, rather than entering the world of red tape.
Often apprehension, lack of legal knowledge and a fear of adding to an already stressful situation can cause people to hesitate about the prospect of filing a law suit.
Whilst such reasons are understandable, in general they should not stand in the way. In fact, let’s take a look at a few of the key reasons why you certainly should file a personal injury law suit.
You Are Entitled To Compensation
If you have received an injury as a result of the action of another party, you have an entitlement to file for compensation for the damages caused. Remember, you may think that your injuries will only be a slight hindrance to your life, however the opposite may be the case. Recovery may take longer than you anticipated and your normal career may be a struggle for the foreseeable future.
It May Help Someone Else
Filing a personal injury law suit brings the seriousness of the situation to light. This may result in a better and safer system coming into play, or at least an increased awareness of safety. Such a benefit can come to the aid of others, perhaps even preventing a similar injury.
Whilst filing a personal injury law suit can come with a level of stress, it is an undertaking that should be seriously considered by anyone who finds themselves in such a situation.