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Social Security Lawyer FAQ: Can I file for social security if I have a mental illness?

Social Security Lawyer FAQ: Can I file for social security if I have a mental illness?

Applying for social security based upon a mental or cognitive disorder can be difficult, especially when the applicant is not represented by a social security lawyer. If you or a loved one has been diagnosed with a mental illness, and is unable to work because of it, you should consider hiring a social security lawyer like a social security disability lawyer.

The Benefits of Hiring a Social Security Lawyer for a Mental Illness

If a lawyer believes you or the applicant meets the criteria for the SSA’s mental disability listings, he or she can draft a pre-hearing briefing. This will include the listing criteria and any evidence that demonstrates you meet this criteria.

  • In the event your lawyer believes there is not enough sufficient evidence to prove your mental illness, you may be recommended further psychological or cognitive testing.
  • If you have a severe mental illness, but have not received ongoing or consistent medical treatment, your social security lawyer might help you to arrange an exam with a psychologist, psychiatrist, or other doctors.
  • If you suffer from cognitive impairment, your lawyer may be able to arrange an intelligence test for you, or ask the SSA to provide it to you at no cost.

Your lawyer can prepare you for questions that may be asked by the judge. How the judge perceives you will be an important deciding factor in whether or not you should get social security benefits for mental illness.

Mental Disability Listings
When a social security claim involves a mental or cognitive impairment, a social security lawyer will need to review the Social Security Administrations Blue Book. This book contains the listed conditions and requirements for meeting these conditions. Often, a certain amount of legal or medical knowledge is needed to understand the listings.

A social security lawyer will understand the language of the listing and how to work alongside the medical professional so that a professional medical opinion is sought. In the event, your doctor is unwilling to work with you, a lawyer might help you to arrange to see a different one. A social security lawyer may also help you to:

  • Ensure your medical records are up to date.
  • All your records are submitted to the SSA.
  • Secure opinions from the necessary medical doctors.
  • Arrange for tests to be carried out, such as a neuropsychological exam.
  • Request statements from friends.

If any unfavorable evidence exists, such as an addiction to drugs or alcohol, it may be possible for a social security lawyer to mitigate the damages as best as possible. For example, if you failed to get psychological assistance or social security disability and you turned to substances to lessen your anxiety and distress about it, your lawyer may be able to include this in your claim.

Speak with a Social Security Lawyer Today
When you hire a social security lawyer, you can increase the chances of your claim being approved by the Social Security Administration. If you are suffering from a mental or cognitive impairment, and need help with your disability claim, call a social security lawyer now.

Thanks to The Law Offices of Mark T. Hurt for their insight into filing for social security disability for mental illness.

Learn How the Type of Car Accident You Are in Can Impact Injuries

 Car accidents occur in a variety of situations, and they can be attributed to any number of causes, as a personal injury lawyer in Indianapolis, IN can explain. In many cases, it is the reckless driving of other motorists that are to blame, and the specific type of behavior can dictate the type of crash and the extent of the injuries you suffer. The following provides insight into the kinds of car accidents that occur, the behaviors responsible for them, and the injuries you could suffer.

Common Types of Car Accident Collisions

According to the Insurance Information Institutes, more than six million car accidents occur each year in the United States. These result in serious injuries for nearly two million drivers and their passengers, while proving fatal for over 32,000 others. Among the most common types of crashes reported include:

Car Accident Injuries Based on the Type of Crash

Risky driving behaviors put all motorists at risk and make certain types of car accidents more likely. According to the National Highway Traffic Safety Administration (NHTSA), the following outlines the most common causes. It also lists the types of collisions they are often responsible for and common injuries that can occur as a result:

Disregarding traffic signs and signals: Running red lights or stop signs increases the risk of side-impact collisions, which can result in soft tissue injuries, broken bones, severe lacerations, and back, neck, or head injuries.

Aggressive driving: Behaviors such as tailgating and failure to yield can result in rear-end collisions, increasing your risks for whiplash, broken bones, and head injuries.

Distracted driving: Using cell phones, texting, or engaging in any activity that distracts you from the task of driving increases the likelihood for all types of accidents and injuries.

Speeding: Going over the speed limit or driving too fast for conditions also increases your general car accident risks. The higher the rate of speed, the greater the potential for fatal injuries, such as crushing injuries that result in internal bleeding, and head or spinal cord injuries that can be fatal.

 

Thanks to Ward & Ward Law Firm for their insight into personal injury cases.

 

 

 

Personal Injury Claim Cost

Personal Injury Claims

As the victim of a personal injury accident, you might benefit from hiring a lawyer to help you file a lawsuit. if you do, you might wonder how you’re going to pay for your legal assistance. Do you have to pay upfront? Can you pay out of your settlement? Each type of lawyer does things differently, but most personal injury lawyers work on a contingency fee basis.

What Is a Contingency Fee?

Because most people can’t come up with a large sum of money in advance, personal injury lawyers will often work on a contingency fee agreement. This fee is paid from your settlement and is contingent upon you winning your case. If your case is lost, the lawyer does not receive the payment. Most contingency fees hover around the range of 33%, though it could be less or more depending on the lawyer and the severity of the case.

Are There Any Additional Costs?

In addition to the contingency fee, the lawyer will deduct any court costs from your settlement. These costs might include filing fees, investigative costs, office work and payment for other similar services. If there are other professionals working on the case with your lawyer, you should discuss beforehand how those individuals will be paid. It could be included in the costs, in the contingency fee or as an entirely different bill.

How Does the Lawyer Collect From Your Settlement?

There are two ways in which a lawyer will collect his or her contingency fee from your settlement. The first way is by deducting the fee first and the costs after that. The second way is by deducting court costs first and the contingency fee after those come out. The benefit of having costs deducted first is the contingency fee is calculated off a lower amount, and will, therefore, be a smaller payout. You should speak with your lawyer about which order he or she collects fees and costs so you can try to find someone who deducts costs first.

Is It Worth Paying?

Whether it’s worth paying a contingency fee to a lawyer really depends on your case. If it’s complicated and expected to have a large settlement, it could be worth it to hire a lawyer and pay the fee. If your case is pretty straightforward and not expected to have a very high settlement, you would have to decide if the morality of the case is more important than the cost.

Contacting a Personal Injury Lawyer Today

Personal injury cases are never fun to deal with, but you don’t have to try and navigate the situation on your own. Contact a personal injury lawyer, today to learn more.

 

Know Your Options After a Traffic Ticket

Know Your Options After a Traffic Ticket

Even the safest drivers can sometimes experience a momentary lapse on the road and incur a traffic ticket. If you’ve never had a traffic ticket before, you may not be aware of your options. When traveling out of state, your options following a ticket may be even less clear.

Some people choose to simply pay the fine just to be done with the whole matter. However, before you decide to do that, you should at least understand what other options you have.

Options for a Traffic Ticket in Your Home Jurisdiction

In addition to pleading no-contest and paying the fine, there are other options available to you after a traffic ticket:

 

 

If you are still not sure what to do, the traffic violations bureau in your state may be a good source of information. You can visit the office directly or access the bureau’s website.

Options for an Out-of-State Traffic Ticket

Driving in another state can be a bewildering experience because the traffic laws may be different than what you are used to. However, the consequences for an out-of-state traffic ticket are usually comparable to those for a ticket in your jurisdiction. The options are similar as well. The main difference is that you have to make a return trip if you want to contest the ticket. Depending on factors such as how far you have to travel, this can be costly in terms of both time and money, and potentially more trouble than it is worth.

Whether you are local or from out of state, a traffic lawyer can explain your legal options to you after a traffic violation. Contact a law office for more information.

 

Thanks to The Law Offices of Mark T. Hurt for their insight into traffic law and your options after getting a ticket.

 

6 Steps to Take Following a Truck Accident

Steps to Take Following a Truck Accident

A big truck accident is different than other types of accidents in many ways, but in terms of what you should do following the accident, it is pretty similar to other accidents. If you are involved in an accident with a big truck, whether as the driver of the truck or another car, the following are five steps to follow.

Stay Put

Leaving the scene of an accident is not only illegal, but it also makes you look like the guilty party. If you want to give your story to the responding officer, collect proper evidence and receive proper medical attention, it’s important you stay at the crash site. You might have to move your vehicle out of the way of traffic, but other than that, just wait until authorities arrive before making a move.

Call 911

You should always call 911 after being in an automobile accident. Even if you think the injuries aren’t very bad, you will want an officer there to make a report of the accident. If your accident involves a big truck, injuries are highly likely, as the size of the truck poses a greater risk to others who are involved in the accident. While you’re waiting for authorities to arrive, and if you are able, see what you can do to administer first aid to those in need.

Collect Evidence

Most people today have smartphones with cameras on them. Pull your phone out and start snapping pictures of the accident. Be sure to include the surrounding area, damage to the vehicles, injuries, a good view of what the weather was like and other details that might help your case. You should also collect contact information from anyone who witnessed the accident, whether they are bystanders or passengers in either vehicle.

Exchange Information

As a driver in an accident, you should exchange information with the other driver. This includes his or her name, contact information, license plate number, and insurance information. You should also give your information to the other driver.

Report to Insurance

You don’t have to give any details about the accident to your insurance provider right away, but you should report that it occurred. This gives the provider a heads up to send a claims adjuster out to investigate the crash.

Contact an Attorney

Being involved in an accident with a big truck is a bit more complex than other automobile accidents. If you are in such a situation, contact a truck accident attorney, like a truck accident attorney, for help in fighting your case.

 

 

How Drunk Do You Have to Be to Get a DUI?

DUI Charges

Everyone knows how important it is to never drive while under the influence of alcohol. However, it is also important to understand the laws that relate to DUIs. For instance, did you know that there are two separate laws that govern impaired driving? If you have ever wondered how drunk you have to be to get in trouble for driving, you should take the time to learn what the law actually says. This guide will go over this.

The Two Laws

So there are two laws that establish what is and is not allowed when it comes to mixing alcohol and driving. These two laws are designed to complement each other and each cover aspects that the other does not. This is the reason why someone is often charged with two separate counts of driving while impaired. You can be charged for breaking these two laws independently. The two laws are:

  1. It is illegal to operate a vehicle with a blood alcohol content level above 0.08.
  2. It is illegal to operate a vehicle while impaired to the point where it is unsafe to drive.

At first glance, it seems like these laws are redundant. However, upon closer inspection, you can see that one is objective while the other is subjective. Generally, a blood alcohol content level of 0.08 is a good threshold for how much alcohol can be in a human’s system before it becomes unsafe to drive.

Alcohol affects people differently, though, and some people cannot safely drive a vehicle even with a blood alcohol content level below 0.08. In this way, you can think of the second law as a catch-all for all the irresponsible situations that do not technically violate the first law. For instance, the first law only forbids driving while under the influence of alcohol, but there are other mind-altering substances besides alcohol. If you drive while high on drugs, it is still illegal, and this is the law that governs it.

The Charges

If you violate the first law, you will be charged with a DWI, or driving while intoxicated. If you violate the second law, you will be charged with a DUI, or driving under the influence. The consequences are often exactly the same, but the name of the charge depends on which law is violated. Sometimes breaking the second law results in something called a “Per se DUI”. Ultimately, these minor distinctions will depend on what state you are in when you are charged.

Contact a DUI lawyer, like a DUI lawyer, if you were accused of driving under the influence. They will be able to help you navigate through the process and advise you of your next steps.

Thanks to May Law, LLP for their insight into how drunk you have to be to get a DUI.

Three of the Most Common Semi-Truck Accidents

When crisscrossing the country, truck drivers may encounter some difficult circumstances. First, they have the weather to contend with moving from one type of climate to another. Then, they must also be able to successfully and safely deal with changing terrain, like mountainous areas.

Staying safe behind the wheel is the goal of every driver. When it comes to those who drive a tractor-trailer, this becomes a matter of life and death. The rate of fatalities in a truck accident is higher than any other vehicle. This applies to both the driver of the cars impacted and the driver of the semi. When it comes to an accident with a heavy machine, the odds of coming out with severe injuries depends on a few factors, one of which is the type of accident. Familiarize yourself with the most common accidents semi-trucks get in every day.

  1. Jack-knife 

If a trucker needs to apply the brakes suddenly, it may cause the semi to jack-knife. This accident causes the trailer to be brought forward towards the cab of the rig. When the semi finally comes to a stop, it usually does so at a 90-degree angle. If there are vehicles within the path of a jack-knifing semi, they may suffer severe damage, and the occupants may sustain catastrophic injuries.

  1. Tire Blow Out 

A tire on any vehicle can blow out. The usual causes are degraded tread, low tire pressure, and debris kicked up from the road that compromises the integrity of the tire. A tire blow-out on a semi-truck may cause it to swerve uncontrollably between lanes. It may sway into a barricade or off to the side of the road. There are times when a single tire blow-out may result in subsequent ones, which makes it almost impossible for the driver to maintain any control. Impacting an out-of-control semi would meet with disastrous consequences.

  1. Rollover 

Tractor-trailers carry heavy loads and during transit, these items can shift. If the driver needs to make an evasive maneuver to avoid a collision or an obstacle, the load may become unbalanced. The unfortunate side effect of this is a sudden jerk of the wheel, which causes the weight to shift may also cause the trailer to turn over. Rollover accidents are some of the most serious. They typically cover the roadway and steamroll over other vehicles.

Accidents involving semi-trucks are cause for serious concern. They often result in catastrophic injuries for occupants of surrounding vehicles and the semi driver. Consult a trucking accident lawyer in Trenton, NJ if you have experienced this type of trauma first hand.

Thanks to Davis & Brusca for their insight into personal injury claims and common truck accidents.

Why It’s Difficult to Obtain Compensation After a Truck Accident

Truck Accident Compensation

Losses experienced in a typical car accident can be life-altering. However, when a standard vehicle is impacted by a semi-truck, then the issue escalates to life-threatening. While each collision is dangerous, there are different rules governing each incident. For example, a typical car crash is handled through personal auto insurance policies, but semi-truck involved accidents usually involve commercial insurance. While this singular difference might not seem that significant, it contributes to at least three other reasons that it is difficult to obtain compensation after being involved in an accident with a commercial truck.

  1. Trucking Companies

One of the leading reasons these types of accidents are so tricky is that trucking companies are complex entities. Truckers typically work for huge, multi-state corporations and the trucks they drive are usually owned by those same companies. These professional institutions have deep pockets, enabling them to fight lengthy legal battles. Also, their extensive finances allow them to hire top tier legal teams and representation. The only job of these legal teams is to minimize the exposure and liability for the company.

  1. Federal Regulations

Federal regulations, or, more specifically, the Federal Motor Carrier Safety Administration, govern the licensing of commercial drivers and the trucking companies. The FMCSA has set standard practices for the number of hours a driver can spend behind the wheel. They have also determined the safe loading and offloading methods for commercial truckers. Also, they have implemented standards for maintenance schedules. While all of these rules and regulations sound like they should help you win your case, these regulations are complex and in-depth, meaning that to find any culpability on the companies behalf, you will need an experienced attorney.

  1. Lawyers

In regards to the attorney you hire, find one who is experienced in trucking company accidents. While most car accidents fall under the general area of law known as personal injury, not all damages are created equal. You might find an attorney who specializes in car accidents, but how many of their cases have involved commercial vehicles and insurers? The regulations set forth by the FMCSA are detailed and complicated. An attorney who has little experience with these regulations will find it difficult to argue your case. Find a lawyer with experience fighting against commercial trucking companies.

Car accidents involving semi-trucks are not cut-and-dry. Commercial drivers work for large, multi-state agencies, and they usually do not own the truck. These companies have deep pockets and are likely willing to fight, and the regulations governing these companies are complicated and confusing. Therefore, to give your case the best possible chance, contact an experienced truck accident lawyer.

 

Thanks to Johnston Martineau, PLLP for their insight into personal injury claims and why it’s hard to get compensated after a truck accident.

 

Things You May Not Expect From a DUI Conviction

If you get convicted of a DUI, you’re likely going to lose your driving privileges. What you may not know, however, is that there are other ways your life will be impacted, too, and some of the effects can last for years. Contact a DUI lawyer in Denver, CO if you are currently facing a DUI charge so you have the strongest chance of the best possible outcome in your particular case.

Multiple Fines and Fees

Court costs and fines often apply to DUI convictions, and these expenses can add up quickly. First-time offenders in many states end up paying in excess of $1,000, and for a person who has a previous DUI conviction, fines can run into the thousands.

Loss of Employment

You could lose your job due to a DUI charge or conviction, depending on where you work, what you do and how willing your employer is to accommodate the time you need off from work to handle things associated with your case. If you drive a vehicle for your job, you will find it tough, if not impossible, to keep that job after a conviction.

A DUI conviction can also hurt your chances of getting a different job in the future. Since it is a felony, it has to go on job applications and will show up on your background check.

Insurance Hikes and Troubles

Your car insurance carrier can drop you for many reasons, including a DUI conviction. You may be able to get a policy with another company, but it will be expensive. Just one DUI conviction is enough to cause your premium to double.

A DUI conviction can also impact home and health insurance rates. This is because a DUI is treated as a risk factor, signaling poor decision-making.

DUI Classes and Ignition Lock Devices

After you’ve been convicted of a DUI, you may have to get an interlock ignition device on your car in order to drive. This will come at your own cost, and you must use it to start the car by providing a breath sample. The device estimates your blood alcohol level and determines if the car should start based on the result. In addition to the device, you may have to take alcohol and DUI-related education classes, which you will also have to pay for.

Loss of a Professional License

Many professions have bodies that govern their licenses, such as lawyers and doctors. If you belong to one of these professions, you could have your professional license revoked if you are convicted of a DUI. Generally, this doesn’t happen unless you have a poor track record, but many associations do have the ability to revoke a license for a felony.

 

Time Limit To File a Lawsuit

 

If you were the victim of an injury that was caused by someone else, you probably are wondering how you can be compensated for your injuries. Filing a lawsuit may be your best option to achieve exactly this. However, this raises the question of whether there is a time limit on filing a personal injury case. This is what the statute of limitations is, and this guide will explain it. Remember that you should always hire a personal injury lawyer, rather than trying to represent yourself. Your attorney will be able to answer all your questions.

The Statute of Limitations

Your time limit to file a lawsuit is called the statute of limitations. If the statute of limitations is two years, then you must file the lawsuit before two years have passed from the time of the injury. Remember, the statute of limitations is how long you have to file the lawsuit. It is not required that the case be resolved before the statute of limitations expires, or even that the lawsuit progressed to trial before that time.

The specific length of the statute of limitations depends on which state you live in and what kind of lawsuit you hope to file. For personal injury cases, the statute of limitations is almost always either two or three years. There are 10 states where the statute of limitations is one, four, five, or six years instead of two or three. This means it is always a good idea to do some research for your state, or speak to an attorney.

The Discovery Rule

If you file a lawsuit after the statute of limitations is expired, the case will almost certainly be thrown out. There is one major exception to this called the discovery rule. It applies only if:

For instance, you may have sustained a hairline fracture from a car accident, but not realized it until one year later. Or you may have been part of a hit-and-run, and it took one year to discover who the other driver was. In these cases, the statute of limitations does not begin until the discovery is made. So, if the statute of limitations was two years in the above examples, the victim would be able to file a lawsuit until three years after the accident. It is important to have a personal injury lawyer who fully understands this and all the other rules surrounding personal injury cases.

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