Continuing Checks: What to Know About Your CDR

If you have managed to get social-security disability benefits, you may be heaving a sigh of relief. The road was likely long and difficult, but now you can count on your monthly payments to help with your financial situation. You should know, however, that the Social Security Administration (SSA) holds applicants to a high level of honestly and accuracy when it comes to their medical conditions. The Continuing Disability Review (CDR) allows the SSA to periodically review your medical condition to ensure that you still qualify for disability benefits. To ensure that you have a full understanding of a CDR so that you are prepared, read on.

When will my CDR happen?

The nature of your medical condition will play a large part in how often you will face a CDR. Those with permanent or fatal conditions may never be subjected to a review, but younger applicants are far more likely to fall under the scrutiny of a CDR, since the likelihood of improvement may be expected with those applicants. You can expect a CDR to be called for any time between three to seven years, depending on your age and your specific medical condition.

Triggering events.

In addition to normally scheduled reviews, the SSA will investigate and request you undergo a CDR if some of the following so-called triggering events occur.

  • You tell the SSA that your medical condition has improved and that you intend to go back to work or have already returned to work.
  • A third party has reported you to the SSA, informing them that your medical condition has improved.
  • You are reporting income for work that you previously claimed to be unable to do. For example, if you had been unable to drive a forklift due to nerve damage in your feet, but are now employed in that very same position, that may trigger a CDR.

What will happen with my CDR?

The actual “review” part of the CDR is mostly forms that need to filled out by you or your doctor. There are short-form packages of several pages long, and you may also be required to fill out a long-form package, which is quite lengthy. In some instances, the SSA requires you to send in your medical records, and in some instances the SSA will contact your doctor directly for the information. If you have not been receiving regular medical care for your condition, you may be putting your continued ability to get benefits in jeopardy, since the SSA has no other way to ascertain the state of your medical condition than with a record of treatment.

If you are in danger of losing your benefits, you have a right to appeal the ruling. Talk to a social-security attorney, such as one from A Affordable Attorney Gerling Law Group, right away.

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2 Reasons To Hire A Special Education Lawyer

Trying to get your child the assistance that he or she needs once he or she has been diagnosed with a learning disability can often be a very stressful and difficult experience, mostly because many schools don’t actually offer much in the way of assistance for children with special needs. Thankfully, a special education lawyer can be one of your best resources when it comes to trying to get your local school district to provide you and your child with the assistance that is needed. Listed below are two reasons to hire special education lawyer.

Improve Your Child’s Education

One of the most important reasons to hire a special education lawyer is in order to make sure that you get your child the best possible education that you can. In many cases, a school district will simply try to put your child into a basic special education class that tends to be pretty general and lumps many children with various learning disabilities together. As a result, these classes don’t tend to be very effective at helping these children get caught up.

The problem at this point is that when you do attempt to speak with a school district about getting more specialized assistance for your child, the school district will often take a very combative approach and fight back, mostly because they do not want to expend the time, effort, or expense that would be needed to create a more specialized approach. However, a lawyer will be able to help you to fight against this combative approach and make it much more likely that you will at least get some of your demands met when it comes to improving your child’s education or school experience.

Strengthen Your Case

Another reason to hire a special education lawyer is the fact that he or she will be able to take steps to greatly strengthen your case. One of the ways that a special education lawyer can do this is by bringing in professionals to testify in a court situation or at a hearing in order to get their opinions as to what your child actually needs to overcome his or her learning disability. By having these professionals on hand, the court will be able to hear the justification for some of the requests that you have been making of the school district on your child’s behalf, which will make it much more difficult for the court or hearing committee to reject your requests outright.

Make an appointment with a special education lawyer, such as those found at the Law Office of Mark W Voigt, today in order to discuss your child’s situation and to determine the strength of your case. You should hire a special education lawyer because he or she can help you find a way to improve your child’s education while also strengthening your case against the school district.

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Did Your Marriage Flop? Don’t Flip Out If You Happen To Own A Business Together: You Have Options

With television celebrities Tarek and Christina El Moussa divorcing, it was easy to predict the end of their hit reality show, “Flip or Flop,” as well. Not many divorcing couples who work together in a family business (on or off the screen) can continue working together after a divorce. If that’s your situation, what are your options?

Try to leave the business as it is.

Again, continuing to work with your ex-spouse on a daily basis in the business you built together isn’t easy, but it is something that you can try if both you and your ex-spouse are both willing to set your marital issues aside while you’re working. If the divorce was amicable, you’re likely to have the most favorable results.

However, even if you do manage to continue to work together for a while after the marriage is over, it isn’t unusual for the same issues that ruined the marriage to creep into the business. In addition, it can get emotionally messy if one or both of you moves on and begins to date someone else.

Have one member of the couple buy the other out.

Unless you have a written agreement about how much it would cost to buy the other person out of their share of the business, which is unlikely, there are a couple of ways that can be accomplished.

One method is to determine the worth of the business and then have one party pay the other for half of that amount using money that was theirs separately (and not part of marital assets). If that’s not possible, one spouse may be able to get a business loan that will allow him or her to buy the other out. A third option is to use other marital assets as a trade-off. If you’re the spouse who wants to keep the business, for example, and it’s valued at $200,000, you would give up an additional $100,000 of whatever marital assets would be yours to keep in order to buy out your spouse. That might work well if you have something like a house with a considerable amount of equity in it and your spouse wants to keep the house in exchange for the business.

Keep an eye toward the future.

There’s one other hitch that can be a sticking point for couples who own a business together when it comes to dividing up the business: a non-compete agreement. If the industry you are in is highly competitive (and most are), you don’t want your spouse setting up shop in a new business in the same area—especially since he or she is already privy to your inside practices and any business secrets that you have.

That may not be a problem if your spouse is interested in moving on to other things, but it could be an issue that could cause a dispute that requires some serious mediation.

For more information or to discuss your situation, consider contacting a divorce attorney in your area, such as Susan M Caplin.

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3 Reasons Why It’s Worth It To Sue After A Loved One Is The Victim Of Medical Malpractice

If someone you love has recently been the victim of medical malpractice—especially if your loved one is very sick or has passed away because of it—you might be thinking about filing a lawsuit. However, if you are like a lot of people, you might not be totally sure about going through with the suit. It is certainly understandable if you are feeling a bit hesitant about the whole situation, but these are a few reasons why it’s worth it to sue after a loved one is a victim of medical malpractice.

1. Defend Your Loved One’s Honor

It can be easy for patients to become just another name or number in the system when they are in a healthcare setting. However, you know just how important your loved one’s life and legacy really is. Filing a lawsuit can help you defend your loved one’s honor and can help you ensure that everyone sees your loved one as a person who is worthy of being treated with respect. It can be easy to feel as if your loved one has been forgotten in a medical malpractice case, but a lawsuit can help you ensure that your loved one is not forgotten at all.

2. Prevent Others from Going Through the Same Thing

Another reason why it can often be worth it to file a medical malpractice suit is the fact that it can prevent other people from going through what your loved one has gone through. For example, if you feel that your loved one went through a lot of pain and suffering because of his or her medical condition, then you might be concerned about others dealing with the same thing. Filing a medical malpractice suit can help you hold the necessary people responsible for what your loved one might have went through and can help prevent others from having to go through the same thing.

3. Get Financial Assistance

Dealing with a loved one being in the hospital or going through other medical-related issues can be costly. Not only do you have to worry about it being emotionally taxing, but you also have to worry about things like missing time from work. If you file a medical malpractice lawsuit, you may be able to get assistance with such matters. This can help you financially recover from what your family has been through.

As you can see, in some cases, it can be worth it to sue after a loved one is the victim of medical malpractice. If you are wondering whether or not you might have a case, consider talking to a local medical malpractice attorney to find out more about this topic.

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How To Choose An Intellectual Property Attorney: What You Need To Know

You think you might need an intellectual property attorney, but you’re not entirely sure. As most stories go, you have an amazing idea—not just an okay, good, or possibly profitable idea. You have an idea that you’ve spent years researching and working on. And you are absolutely sure that your awesomely innovative invention requires a patent. Now what? The next steps that you take are essential to making sure that your intellectual property (in other words, your ideas and the mental labor) is protected. Understanding how to choose an attorney and what you need to do is all part of your future success.

Know Your Needs

Before interviewing potential intellectual property (IP) lawyers, take some time to fully understand your needs. The first step is to decide whether you need an attorney or not. IP lawyers help clients with patenting inventions of tangible items. They also take on patent dispute cases as well. If you’ve invented something entirely new, an IP layer can help you to research previous patents and patent your product. Along with this service, these attorneys can help with copyright and trademark protection and disputes. Unlike patents for tangible goods, copyrights and trademarks deal with written/artistic expression and names.

First-Person References

Reading an online review of an attorney might not mean much. You’re just getting a snippet of someone else’s experience. It’s likely that you need more than a paragraph to truly understand the attorney’s true pros and cons. Talk to other people who’ve used the attorney for similar services. This might mean connecting with other inventors in a support group or business community that you belong to, talking to family members, or asking co-workers about their experiences.

Interview Attorneys

Not every attorney specializes in the services that you need. You need someone with expert experience in the type of intellectual property issue that you’re having. If you need to research and patent a product, you want a lawyer who has done this (more than once or twice). If you already have a patent, and need someone to help you to dispute another inventors claim to your idea, you need a lawyer who can go into court and defend your intellectual property rights. Schedule an appointment with each potential attorney to ask questions and find out what they can do for you. Come prepared with a list of specific questions about the attorney’s experience and how they plan to handle your case.

You’re an inventor. You have grand ideas, and you want to make sure that they stay as your own. Finding the right intellectual property attorney, such as those at Joseph E Mueth Law Office, is a crucial part to your success. From knowing what you need to getting references and interviewing attorneys, the steps that you take right now might just become the building blocks of your business.  

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Two Examples Of Legal Challenges That May Complicate An Open Adoption Process

Although most birth parents prefer open adoption, the process is fraught with some legal challenges for adoptive parents. Fortunately, these challenges will be surmountable if the adoption process was above board and everything is legal.  Here are a couple of examples of these challenges:

Issues with Relinquishment

Relinquishment is the process by which the birth parent gives up their child for adoption, which means they renounce their legal rights to the birth of the child. Adopting a child involved going through numerous hoops, but the process is generally complete when the birth parent signs the relinquishment papers.

At least that’s how it’s supposed to work. Unfortunately, states have different laws that complicate this issue further. For example, in some states, there is a window (that can be as long as a few months) after the relinquishment within which the birth parent can change her mind and revoke the adoption. Some states also allow the birth parent to revoke the relinquishment if she can prove that she signed them under duress, coercion, or undue influence.

In short, going through the whole process and having the birth parent sign the relinquishment form may not guarantee that you will be keeping the child. As you can see, this can be a legal headache that you need to prepare for right from the start. Prepare yourself by educating yourself about adoption laws, preferably by consulting an adoption lawyer. The adoption lawyer will also see to it that due process is followed so that the birth parent doesn’t find an excuse to revoke her relinquishment of the child.

Disagreements in Future Involvement

The second complication you may face is when the birth parent changes or tries to change her involvement with the child. Although the adoption agreement specifies how much contact the birth parent can have with the child, some parents may break this agreement by seeking additional visits with the child.

The desire to be in constant contact with one’s child may be natural, but the birth parent should know this when relinquishing their child. The good news is that family courts usually side with adoptive parents as long as the existing contract was legal and is clearly beneficial to the child. Therefore, you don’t have to worry if you involved an adoption lawyer like in the process and crafted a fair agreement that looks out for the child’s welfare.

When you do everything above board, you have the law to turn back on when the birth parent tries to complicate matters.

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Proving Your Losses: How To Strengthen Your Personal Injury Lawsuit

When you are hurt because of another person, you may be able to receive compensation for your losses. While you will have to establish the extent of your injuries and that your injuries were caused by a liable person, you will also need to show what your losses are. Your financial award in a personal injury lawsuit looks at your lost wages, medical bills, costs associated with fixing your car if it’s a car accident case, and money for losses that are more difficult to measure. While you will start with pecuniary losses that are measurable and easy to prove, the real money in a personal injury lawsuit comes from the non-pecuniary losses, or those that are hard to calculate.

Using the Losses You Can Quantify Easily

To prove your pecuniary losses in a personal injury lawsuit, you will simply need to gather together all of your relevant bills and pay stubs. If you have been out of work, you will want to show pay stubs from the past three months in order to get a weekly average of how much money you were making. Any medical bills, property repair, or other expenses will be added together and be the first part of your compensation if you win your lawsuit.

Proving Your Subjective Losses

The problem with non-pecuniary losses is that they are often subjective. This is where compensation for pain and suffering comes in. Pain is different from person to person, but in general, the more severe your injuries are, the higher your compensation will be. If you have become permanently disabled because of the accident, this will provide you with more money than if you went back to work within a few weeks. Proving the extent of your injuries, including pain and suffering, takes some effort.

Working with Your Treatment Team

To finalize your case, you may need to be at a medical end to treatment. When you work closely with your treatment providers, they are better able to determine if you are at a medical end to treatment. This means that you have made as much progress as you can, and you are unlikely to improve from your injuries further. Your treatment team are the providers that are going to provide medical evidence regarding your pain, suffering, and future loss of function, so you need to be honest and listen to all treatment advice.

When you have been injured, you must seek treatment regularly in an effort to get better. For more information, contact local professionals like The Kirbo Law Firm.

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