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Archive for April, 2010

Social Security Hearing on TV

Apr 9

Posted by admin in Social Security Denial | Comments off

Over the last year or so, the Social Security Administration began conducting disability hearings using Video Teleconferencing (VTC) with greater frequency in an effort to move cases through the system quicker.  In these hearings, the claimant may be in one location, the Judge in another location, and any witnesses in another.  The claimant sees and hears the Judge and other parties on “TV” and “talks” to the “TV” when testifying.

 

While VTC may be appropriate in some cases, they are not advisable in all cases.  For example, some claimants may simply not feel comfortable with this type of setting or as a matter of strategy, a face to face/in person hearing is felt to be critical in presenting the case. 

 

Claimants have an absolute right to refuse to appear by VTC and make their appearance before the Administrative Law Judge (ALJ) in person.  Pursuant to 20 CFR 404.936(e) and 416.1436(e) a claimant’s wish not to appear by VTC will be found to constitute good reason for changing the time or place of the scheduled hearing and the hearing will be rescheduled for a time and place at which the claimant may appear in person.

 

We strongly encourage Social Security Disability and/or Supplemental Security Income claimants to consult with an attorney with any questions regarding their denied claims.

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Want lower auto insurance premiums?

Apr 8

Posted by admin in Auto Accidents, Personal Injury | 1 Comment

UPDATE – Looks like this might have been stopped through a “point of order” but I’m guessing they’ll find a way to get it back on the table. Stay tuned!
 
Yesterday, the Florida Senate Banking and Insurance Committee  amended a proposed sinkhole coverage bill to amend your no fault auto or PIP coverage. PIP coverage currently provides, without regard to fault, medical and lost wage benefits to all drivers in Florida who are injured in auto accidents.   The amendment allows auto insurance companies to offer “preferred provider” coverage for a premium discount. Sounds good.  We all would like lower insurance premiums but at what price otherwise? 
 
Who will pick the medical providers, the insurance company?  Sounds like our wonderful workers’ compensation laws. Have you ever had to see a work comp approved doctor? All the horror stories I hear can’t all be wrong. So for a decreased premium, you get an insurance company approved doctor who says no medical treatment is necessary or only limited treatment is necessary.  Who do you want picking your treating doctor… You, or your insurance company???? I vote to keep my choices as my choices.
 
The law today is that you can go to any medical professional you want for treatment and for a reduced premium ( yet to be defined)… you will give up that right and will be limited to whomever your insurance company says is a preferred provider. The insurance companies question lawyers about who they send their clients to for treatment which in some cases I understand but they shouldn’t be allowed to have it their way, using their doctors, and not be questioned themselves. 
 
Thanks to attorney Don Black for bringing this to my attention.
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How safe is your car?

Apr 8

Posted by admin in Auto Accidents, Product Recalls | Comments off

While safety should always be a major factor when selecting a vehicle, frightening tales about drivers whose Toyotas accelerated for no apparent reason have driven that point home. And if you’re in the market for a vehicle, there are many places to look for safety information.

Automotive experts advise that consumers shouldn’t hit the panic pedal. Vehicles are safer than ever based on crash tests and fatality data, and even Toyotas statistically remain very safe vehicles. And though the Toyota recall of more than 8 million vehicles is unusual in its size, recalls are common among manufacturers.

A recall doesn’t always mean a car is unsafe.  A recall occurs typically when a problem is identified and the manufacturer or industry comes up with a solution or fix to the problem. Usually it’s a good thing. Unfortunately or fortunately, depending on your point of view, the Toyota recall lingered and remained a hot news item in our 24/7 news world. Most come and go like ships passing in the night.

Here is a resource to help you determine how safe your car is:

SaferCar.gov  offers one-stop-shopping for information on government crash tests, recalls and defects, safety tips and how to file a complaint about a vehicle.

The government uses a five-star system to rate the safety of vehicles based on the likelihood of serious injury in head-on and side collisions, as well as roll-overs. The more stars the better, and many vehicles are top-rated with four or five stars.

Be sure to check out our product recall page for pertinent information.

www.harrellandharrell.com – Don’t settle for less than you deserve!

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New Florida Boating Law

Apr 5

Posted by admin in Boating Accidents, Personal Injury | Comments off

According to an AP story, law enforcement officials will soon start increasing the enforcement of a new Florida boating law that recently went into effect. Most people don’t know about the new law and you probably don’t want to get caught by surprise. Fines will range from fifty to eighty dollars.

The new law requires Florida boaters born on or after Jan. 1, 1988 to take and pass a state approved boating education course in order to pilot any vessel with 10 or more horsepower. The new law also applies to non-Florida residents with a few exceptions like those with a USCG Master’s license.

More and more people will be affected every year since it is tied to a specific date and not an age. Being an avid boater all my life, I believe this will go a long way towards improving boating safety. It won’t end all the boat accidents out on the water but I have to believe that if more people understood the basic right of way rules – we would all be better off. Driving a boat is not like driving a car and some people shouldn’t even be driving  a car. Biggest difference is that boats don’t have brakes.

Let’s be safe out there on the water and don’t forget all your required safety equipment. If you can’t swim, wear a USCG approved life vest.

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Millions awarded in Whistleblower lawsuit

Apr 5

Posted by admin in General Law | Comments off

Imagine being scared to tell your employer about something dangerous or illegal going on in the workplace for fear of being fired. Well it happens everyday in big cities like New York at large corporations or smaller cities, like Jacksonville, whether or not you work for a large company or small.

Thankfully there are whistleblower statutes in place to protect the employee. It’s not going out on a limb to say that the employer still has the upper hand since they monitor and control so much of today’s electronic data that flies around the internet and company networks. Most larger companies also have vast amounts of resources (money) to keep these lawsuits from ever getting off the ground.

Here’s a success story from the NY Times about a recent whistleblower lawsuit. Luckily, there are trial lawyers out there still willing to risk their time and money to represent clients on a contingent fee basis and front the costs of pursuing these cases.

If we can help, give us a call at 800-251-1111

www.harrellandharrell.com

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