Harrell and Harrell's Personal Injury law blog

Experienced personal injury lawyers

Archive for category General Law

Disability claims rise dramatically

Dec 17

Posted by admin in Auto Accidents, Disability Denial, General Law, Personal Injury, Social Security Denial, Traumatic Brain Injury, Truck Accidents, Veteran's Affairs, Workers' Compensation | Comments off

Kudos to Mark Papa, a social security attorney who works for Harrell & Harrell in our Mandarin/Southside office, for feeding me with great blog information regarding the SSA and your Social Security benefits.

The article by Senior Editor Jason White at msnbc.com sums it up very nicely.  Aging baby boomers and the struggling economy are driving up Social Security claims to staggering levels. According to Jason’s statistics he quotes from the SSA, new claims for disability benefits rose nearly 17 percent in fiscal year 2009 and disability filings are projected to rise another 10 percent in fiscal 2010. Add that to the already 12 million Americans who receive disability benefits at a total cost of $161 billion in fiscal 2009.

Wow!

Read the article because Jason sums it up better than I ever could and then call Mark Papa at (904)251-1111 to schedule your free consultation. If you are outside of the Jacksonville area, feel free to use our toll free number or submit your information on our “Do I Have a Case” form.

www.harrellandharrell.com

Share

Tags: , , , , , , , , , , , ,

Are you disabled?

Dec 14

Posted by admin in Disability Denial, General Law, Personal Injury, Social Security Denial, Workers' Compensation | Comments off

Here’s some input by one of our experienced social security attorneys, Mark Papa.

I’m often asked whether one can be approved for disability if they have (insert the name of the condition or diagnosis).  The answer is always “maybe”.

 

    Social Security has deemed some conditions so severe that a person with that particular condition or has a condition that “equals” that condition, would automatically be found disabled.  These “automatically disabling” conditions are referred to as “The Listings”.  For example, in order for a person with diabetes mellitus to meet a listing he or she must show diabetes mellitus with “neuropathy demonstrated by signficant and persistent disorganization of motor function in two extremities resulting in sustained disturbance of gross and dextrous movements, or gait and station” or “acidosis occurring at least  on the average of once every 2 months documented by appropriate chemical tests” or “retinitis proliferans” evaluated under the listings for visual impairment.

 

    Social Security, by design, makes it very difficult to meet a listing.  For most, the severity of a particular condition will not meet a listing and he or she must be able to prove disability by other means.  This will involve having to show what a person can still do or what that person cannot do given his or her condition.  It’s not the diagnosis that is important, but the effect that condition has on that person.  Stating that you have diabetes (or whatever other condition) does not tell us much.  Presumably, there is a person out there who is able to work despite having the same diagnosis.  So the question is, what makes you different?  Is it as severe as the listing or something less? 

    Assuming your condition does not meet or equal a listing and in thinking about how to prove your claim, think in terms of what your condition allows or prevents you from doing: How long can I sit, stand, and walk at one time?  How long can I sit, stand, and walk over the course of an eight hour work day?  How much can I lift and carry?  Will my condition allow me to work on a regular and consistent basis? Or will I be missing work frequently?  Is my concentration and focus affected? etc. 

    I’m of the opinion that most conditions, if not all, are potentially disabling. If you have been denied Social Security benefits. . . . call us . . .

www.harrellandharrell.com

Share

Tags: , , , , , , , ,

Product Recall – potential amputation hazard

Dec 11

Posted by admin in General Law, Personal Injury, Product Liability, Uncategorized, Workers' Compensation, Wrongful Death | Comments off

Amputation hazards always catch my attention, too.  I just wanted to quickly share this recall information from the Consumer Product Safety Commission (CPSC) that was issued yesterday.

Wintertime is a good time to do the heavy duty yard work because the grass isn’t  growing a foot a week like it did here in Jacksonville this summer. Plus it’s nowhere near as hot and humid. Do you have a dead tree in the yard?  Have you been wanting to pull out the old chain saw and bring that tree to the ground before it lands on you, your house or the neighbor’s house? Have you ever considered buying or renting a log splitter? As with any piece of power equipment, extra precaution and forethought is always a good idea when everything is working right.  What happens when it breaks or has a hidden design defect?

Recalled product

Recalled product

This particular log splitter has a potential defect that could cause amputation of a finger, limb or even death.

Contact one of the experienced trial attorneys at Harrell and Harrell if you were injured by a faulty product or even if you just have questions.

Be safe and enjoy the holidays!

www.harrellandharrell.com

Share

Tags: , , , , , , , ,

Don’t become a statistic – look twice before crossing

Dec 10

Posted by admin in Auto Accidents, General Law, Personal Injury, Truck Accidents, Uncategorized, Wrongful Death | Comments off

Having worked in the personal injury  field for close to 15 years, I wind up paying much more attention to potential hazards whether it be driving in Jacksonville traffic, going out to eat at a local restaurant or just doing some shopping. I have heard about every type of accidental injury story you can think of – some are much more believable than others. People need to be reminded of the need for taking that extra few seconds to make sure what they are about to do won’t result in an accident.

I ran across this Reuters news story this morning which reports that Florida is the most dangerous state for pedestrians. Guess what – Jacksonville and it’s many surrounding communities are ranked in the top four in the state.

I know I don’t want to be one of those accident statistics and assume neither do you. Obviously everyone needs to always look out for themselves but let’s not forget to look out for others. If you see a dangerous situation develop, be proactive by slowing down and warning others of the potential hazard. Next time it might be you trying to cross the street.

How many times have you told a business owner of a spill on the floor, straightened that rug at the entrance of your local grocery store, or picked up an item that fell on the floor? If you do it more often, so will others.

Enjoy the holidays and be careful!

Harrell and Harrell, PA

Share

Tags: , , , , , , , , , ,

Improving access to benefits for Wounded Warriors

Dec 2

Posted by admin in Disability Denial, General Law, Social Security Denial, Veteran's Affairs | Comments off

Everyone has probably heard the term Wounded Warriors but do you know what it means or who qualifies? Typically it is referring to those members and veterans of the US Armed Forces who were injured or became ill while on active duty since 2001 in the wars in Iraq or Afghanistan.

In 2007, the Social Security Administration (SSA) increased its efforts to serve our Wounded Warriors. For those of us that have served or are serving, we have all seen the signs at the Exchange/PX saying personnel in uniform have head of the line privileges, well that is what the SSA program equates to according to a newsletter written by the NOSSCR.  It’s a long article and I could not find an electronic version of it but I will take the liberty of using some of their “bullet” points.

First of all a Wounded Warrior needs to be identified in the SSA system which can occur in two ways – through self-identification on the application or through weekly electronic updates from the DOD. Once identified in the system, SSA uses the “critical case/TERI” expedited process to adjudicate the Wounded Warrior claims as summarized below.

- if the claim comes through the SSA 800 number, an interview must be scheduled at an SSA field office within 3 working days.

-once the application is sent to the DDS, the filed office must follow up with the DDS within 7 days to ensure receipt. DDS or Disability Determination Services is a state agency that determines disability.

-DDS staff must prioritize the case for adjudication and explore all potential physical and mental impairments, including suggestive signs of post-traumatic stress disorder (PTSD).

-at the hearing level, cases are to be scheduled in the first available open hearing slots.

The NOSSCR Social Security Forum newsletter contains a lot more information describing other problems and delays and how the SSA, DOD and VA are working on improving the processes involved.

If you know a Wounded Warrior, first of all thank them for their service and if they need help give them a hand. We would be glad to speak with them about any Social Security Benefits for which they may be entitled.

Our team of experienced lawyers and staff of the Harrell and Harrell law firm is proud to serve the many veterans in Jacksonville and surrounding communities of North Florida.

www.harrellandharrell.com

Share

Tags: , , , , , , , ,

Expecting an increase In Social Security benefits?

Dec 2

Posted by admin in Disability Denial, General Law, Personal Injury, Social Security Denial, Workers' Compensation | Comments off

As the saying goes….maybe next year!

Announced in the end of October, there will be no cost-of-living adjustment (COLA) this year for Social Security Disability recipients or Supplemental Security Income recipients. This was announced in the Federal Register at 74 Fed. Reg. 55614.

There was a 5.8% COLA from 2008 to 2009, the largest increase since 1982.  The COLA is determined by comparing the change in the Consumer Price Index (CPI-W) from the third quarter of 2008 to the third quarter of 2009.  There was no increase in CPI-W.  Therefore, SSD and SSI benefits will not change for 2010. 

If you have any questions about Social Security benefits you already receive or you just want to know how to apply for disability, please contact us. Our experienced, courteous and knowledgeable team of lawyers and their staff will be glad to assist you.

Share

Tags: , , , ,

Need to apply for Social Security?

Nov 23

Posted by admin in Auto Accidents, Boating Accidents, Disability Denial, General Law, Personal Injury, Social Security Denial | Comments off

Start now because it may take a while. The government does try to make it easy to get the ball rolling whether it be for disability or retirement. Check out the link at the end of the post to apply online.

If you are denied for disability benefits for whatever reason, contact us , within sixty days of the denial letter’s date or you may have to start the process again.  Jacksonville handles most of the claims for the North Florida area.

If you have any questions at all, feel free to call the personal injury lawyers at Harrell and Harrell, PA .

Here’s the link to apply online:

http://www.ssa.gov/applyfordisability/

Share

Tags: , , , , ,

Social Security Hearing

Nov 23

Posted by admin in Disability Denial, General Law, Personal Injury, Social Security Denial, Uncategorized | Comments off

Adding to my 11/16/09 post regarding Social Security Disability cases in the North Florida area – one of our Social Security Attorneys, Mark Papa, just forwarded me some interesting statistics regarding Social Security cases handled by the Jacksonville Office of Disability Adjudication and Review (ODAR).  

At least we don’t live in Detroit is all I can say. Here are the stats:

The most recent National Ranking Report ranks the Jacksonville Office of Disability Adjudication and Review (Jacksonville hearing office) 75th out of 142 hearing offices in the length of time it takes a claim to be heard.  It takes Jacksonville ODAR 462 days or approximately 15 months to get to hearing from the time a Request for Hearing is filed.

 

The San Juan, Puerto Rico hearing office is ranked number 1 and takes the least amount of time at 272 days and the Harrisburg, Pennsylvania hearing office is ranked number 2 at 278 days.  Detroit, Michigan and Fort Wayne, Indiana hearing offices are ranked second to last and last at 703 days and 704 days respectively.

 

The highest ranked Florida hearing office is Ft. Lauderdale, ranked 48th at 414 days.

 

In addition to the two Jacksonville Social Security Field Offices, Jacksonville ODAR also services the following field offices: Daytona Beach, Deland, Lake City, Marianna, Palatka, Panama City, Quincy, St. Augustine, and Tallahassee.  If your claim was filed in one of these offices and you have not moved, your claim will be heard by a Social Security Judge from the Jacksonville hearing office.

Don’t add to the delay – Call (800)251-1111 and speak with our outstanding team in the Social Security Department at the personal injury law firm of Harrell & Harrell or feel free to submit your confidential inquiry  on our website. Either way, we look forward to assisting you.

Share

Tags: , , , , , , ,

Common auto accident scenarios

Nov 20

Posted by admin in Auto Accidents, General Law, Personal Injury, Traumatic Brain Injury, Truck Accidents, Uncategorized, Wrongful Death | Comments off

None of us ever want to be the victim of an auto accident or the cause of an auto accident. In my 15 years of working at Harrell & Harrell, two common accident scenarios always come to mind and both are easily avoidable.

#1     Picture this – it’s 5 pm and time to go home after a long day’s work. Everyday you do the same thing – walk to your car – get in – buckle up - and head for home but first you have to turn out of the parking lot. Do you always look both ways when you are simply turning right onto the road? 99.9 % (I made that stat up) of the time there won’t be a car coming that way but what about the pedestrian, jogger or bicyclist on the sidewalk. I can’t count the number of times I have heard this story. Always look both ways and if you see someone approaching on the sidewalk make sure they see you. As an avid cyclist and runner, I never cross in front of someone unless I have eye contact with them but not everyone adheres to that idea. Some even assume they have the right of way. They may be right but the vehicle normally wins the battle.

#2   The second scenario could be presented in the same way but picture having to turn out across 2 or 3 lanes of rush hour traffic plus a busy turn lane to go left out of your parking lot. There are cars stopped in traffic when that good samaritan trying to help you out gives “the deadly wave” to go ahead and cross in front of him. Go ahead and assume everyone else is out to hit you! You wouldn’t believe the number of callers that honestly felt that it must be clear to go all the way out to the turn lane. What if the 3rd lane isn’t stopped? What if the center turn lane becomes a convenient although illegal lane of travel for someone to make it that last quarter mile to the red light? Wham-mo! Whether you cause the accident or not it usually results in some sort of injury.

The holidays bring a lot more traffic, a wee bit more stress and maybe even a little less patience as we prepare for the fun. Take that extra few seconds to look both ways and ensure you won’t be the next  injured victim of a careless auto accident or the cause of something tragic.

Share

Tags: , , ,

Don’t let the turkey be an accident!

Nov 19

Posted by admin in Auto Accidents, General Law, Personal Injury, Product Liability, Truck Accidents | Comments off

The season is upon us. So may things to do and accomplish….. I’m already dreading the honey-do’s of shopping and picking up the last minute items. Traffic is a mess and everyone is a little stressed trying to accomplish the same chores. Let’s all be careful and please don’t go to the mall when it’s my turn to go.

Seriously - Thanksgiving is a week away. Better go looking for Tom the Turkey so he has time to thaw. Here are some food safety tips  to make the meal a success and to make sure your family and friends don’t remember the meal for the wrong reasons.

Happy Thanksgiving from all of us at Harrell and Harrell, PA.

Remember to not drink and drive and use a designated driver! DUI accidents are never a good thing.

Share

Tags: , ,

Get Adobe Flash playerPlugin by wpburn.com wordpress themes