Thursday, May 17, 2007

Social Security Guidelines

If you become disabled and are unable to work, what rights do you have? Is there any governmental assistance to which you are entitled?

The Social Security Administration administers two (2) kinds of disability programs -- which provide monetary assistance for people in different situations. Title II provides disability benefits. Title XVI provides Supplemental Security Income, known as "SSI".

When are you entitled to receive social security disability benefits? What do you have to do to qualify for social security disability payments?

First, you must meet the Social Security Administration's definition of being "disabled". That means that you must have a physical or mental impairment that causes you to be unable to engage in any kind of substantial gainful employment for a continuous period of 12 months or which is expected to result in your death. Being "disabled" is a requirement for both Title II social security disability benefits and SSI.

To be considered "disabled", you must be unable to engage in "any substantial gainful work". Your condition must be severe enough that it prevents you not only from being able to do your normal job, but also prevents you from being able to do any other substantial gainful work. In deciding whether a person is "disabled" or whether they can work, the Social Security Administration considers factors including a person's age, education, training and work experience.

To qualify to receive Title II social security disability benefits, in addition to being disabled, you must be fully insured under the social security program. That means that you must have worked for a certain period of time before you became disabled. Your financial resources are irrelevant. You will not be disqualified from receiving social security disability benefits based upon your financial assets. You do not have to show "financial need" to qualify for these benefits.

To qualify for Title XVI SSI benefits, you must be disabled and your financial resources cannot exceed a certain maximum amount. The asset limitation is $2000.00 per individual and $3000.00 per couple. However, there is no requirement that you had been working for any particular period of time before you became disabled.

If you qualify to receive Title II social security disability benefits or SSI, how much are you entitled to receive and for how long?

There is a formula that is used to calculate the amount of monthly Title II social security disability benefits to which a person is entitled. However, each case is different. The amount of the monthly social security disability benefit varies depending upon how much money the disabled person has paid in to the social security system. That is, it depends upon the disabled person's earnings history.

The amount of the monthly SSI payment to which a person is entitled is set by Congress. The amount of the benefit varies depending upon the disabled person's living arrangement.

How do you apply to begin receiving social security disability or SSI benefits?

You should go to your local Social Security office. A claims representative will help you fill out the form that is necessary to apply for Title II social security disability benefits or SSI. Or, you can call your local Social Security office and ask them to mail you a form which you must then fill out and file at your local social security office. After you have filed your application form, you will receive a letter from the Social Security Administration, telling you whether your application for benefits have been approved or denied.

You have been working all your life and you are now unable to work because of a physical or mental impairment. You would work if you could. Why has your application for Title II social security disability or SSI benefits been denied?

After you file your application for Title II social security disability or Title XVI SSI benefits, the Social Security Administration obtains medical records and reports from your treating doctors. In most cases, when your application is denied, you need additional medical information to support your claim that you are disabled.

Your doctor says that you are disabled and that you are not able to work. How can the Social Security Administration ignore your doctor's opinion?

The fact that your doctor supports your claim and believes that you are disabled is very helpful. However, your doctor's opinion is not binding on the Social Security Administration. Rather, it reviews your medical records and reports and has its own doctors decide whether they think that you are disabled.

What can you do if you apply for Title II social security disability or Title XVI SSI benefits and the Social Security Administration denies your claim?

You have 60 days to file an appeal after the Social Security Administration sends you a letter telling you that your claim has been denied. When your claim is denied for the first time, you ask for a "reconsideration" of the denial of your claim. When you ask for a reconsideration, a different individual at the Social Security Administration, who did not participate in making the decision to deny your initial application for benefits, reviews your entire file, looks at all of the evidence that was considered when the original decision to deny your claim was made, and looks at any additional evidence that has been submitted since the first denial of your claim. Generally, most "reconsiderations" involve a review of your file without you being present and without any kind of hearing.

If, after the "reconsideration" of your claim, the Social Security Administration again denies your claim, you may ask for a hearing. The hearing will be conducted by an administrative law judge. You will attend the hearing, and you may have an attorney present to represent you at the hearing. You and your attorney will have the opportunity to present evidence and explain to the judge why you believe that you are disabled and entitled to receive social security benefits. This is typically the first opportunity that you have to explain your case in person (or have your attorney explain it) to someone acting on behalf of the Social Security Administration. You and your attorney have a right to review all of the documents in your file that the Social Security Administration has created and provide new information and evidence at the hearing. You and any witnesses that you chose to bring to the hearing may testify. The judge will ask you and the other witnesses questions. You or your attorney will also have the opportunity to question the witnesses and to make arguments to the judge about how the evidence should be construed and why the judge should find that you are disabled and entitled to social security benefits.

If you disagree with the hearing decision, you may ask for a review by the Social Security Administration's Appeal's Council. If the Appeal's Council decides to review your case, it will either conduct the review itself or send your file to an administrative law judge for further review.

If you disagree with the decision of the Appeal's Council or if the Appeal's Council decides not to review your case, you may file suit in federal court.

Do you need a lawyer to represent you in order to obtain social security disability or SSI benefits?

Not always. Some people apply for and are awarded Title II social security disability or Title XVI SSI benefits on their own, without hiring a lawyer. However, an attorney who is experienced in handling Title II social security disability and SSI cases can often make a difference. Often, even though the Social Security Administration has denied your claim for social security disability or SSI benefits the first two times you applied, an attorney can look at your file and determine why your claim has been denied and what needs to be done to prove that you are, in fact, disabled, and entitled to the benefits for which you have applied. Many times, you need additional medical documentation from your doctors. An experienced attorney will be able to advise you as to whether you probably are, in fact, entitled to receive social security benefits; and if so, what additional documentation is needed in order to prove that to the Social Security Administration. In addition, the attorney will know how to go about obtaining the additional evidence that you need in order to prove that you are entitled to the social security benefits.

When should you hire an attorney?
Normally, you must go through the process of submitting your initial application for social security benefits, having your first application denied by the Social Security Administration, appealing that first denial, being denied again, and then, filing a request for a hearing. Generally, an attorney will not make a difference in whether the Social Security Administration denies your initial application for social security benefits or your first appeal. However, after your appeal has been denied and it is time for you to have a hearing in front of an administrative law judge at the Social Security Administration, at that stage, an attorney who is experienced in handling social security cases will be able to help you. An attorney will prepare the medical evidence that you need in the form of records and reports from your doctors; will be with you at the hearing and know the questions to ask you to bring out the facts that support your claim for social security benefits; may prepare and bring other witnesses to the hearing to testify about observations that they have made about you which support your claim that you are disabled; and, will cross-examine the doctors and other experts that the Social Security Administration has hired to give opinions as to whether you are disabled and on which the Social Security Administration has relied in denying your claim. In addition, an attorney will be familiar with the Social Security Administration regulations and will know the appropriate arguments to make to the judge about the specific reasons why you qualify to receive social security benefits under the specific sections of the Federal regulations.

How much will you pay an attorney to represent you in a Title II social security disability or SSI claim?
Almost all of our clients prefer a contingent fee arrangement -- which means that they pay us only if we win and obtain social security disability benefits for them. The normal contingent fee is 25% of the back benefits that are awarded to the disabled client -- up to a maximum fee of $5300.00. There is no fee charged out of the current benefits that are awarded. Our total fee never exceeds $5300.00 regardless of the amount of benefits that are awarded. In addition to our attorney fee, the client is responsible for paying the costs that are incurred to pay the doctors and other healthcare providers for copies of medical records, the doctor's charges for writing medical reports, et cetera.

http://www.smithlaw.bz/lawyer-attorney-1181610.html

Your guide to finding a Bextra Lawyer

The Basics of Bextra.

Bextra, the trade name of the generic drug valdecoxib, is used to relieve symptoms of osteoarthritis and rheumatoid arthritis in adults and to relieve painful menstrual cycles. However, on April 7, 2005, the FDA asked Pfizer, Inc. to withdraw Bextra (valdecoxib) from the market because the drug’s benefits did not outweigh the drug’s potential side effects. Pfizer decided to suspend marketing of Bextra, but Pfizer has not yet recalled it, disagreeing with FDA’s decision on Bextra’s benefit vs. risk analysis.

Unusual Symptoms while taking Bextra.

If you have used Bextra in the past, and you have had a heart attack, a stroke, a serious skin disorder, (or other serious unusual symptom), you should seriously consider using the “help me find a lawyer page” to find a lawyer experienced in product liability cases, especially one familiar with Bextra. The following serious side effects occurred in less than .1% of patients taking Bextra:

* Autonomic nervous system disorders: Hypertensive encephalopathy, vasospasm
* Cardiovascular: Abnormal ECG, aortic stenosis, atrial fibrillation, carotid stenosis, coronary thrombosis, heart block, heart valve disorders, mitral insufficiency, myocardial infarction, myocardial ischemia, pericarditis, syncope, thrombophlbitis, unstable angina, ventricular fibrillation
* Central, peripheral nervous system: Convulsions
* Endocrine: Hyperparathyroidism
* Female reproductive: Cervical dysplasia
* Gastrointestinal: Appendicitis, colitis with bleeding, dysphagia, esophageal perforation, gastrointestinal bleeding, ileus, intestinal obstruction, peritonitits, pancreatitis
* Hemi: Lymphoma-like disorder, pancytopenia
* Liver and biliary system: Cholelithiasis
* Metabolic: Dehydration
* Musculoskeletal: Pahtological fracture, osteomyelitis
* Neoplasm: Benign brain meoplasm, bladder carcinoma, carcinoma, gastric carcinoma, prostate carcinoma, pulmonary carcinoma
* Platelets: Embolism, pulmonary embolism, thrombosis
* Psychiatric: Manic reaction, psychosis
* Renal: Acute renal failure
* Resistance mechanism disorders: Sepsis
* Respiratory; Apnea, pleural effusion, pulmonary edema, pulmonary fibrosis, pulmonary infarction, pulmonary hemorrhage, respiratory insufficiency
* Skin: Basal cell carcinoma, malignant melanoma, erythema multiforme, exfoliative dermatitis, Stevens-Johnson syndrome, toxic epidermal necrolysis
* Urinary system: Pyelophritis, renal calculus
* Vision: Retinal detachment.


Considering a Bextra Lawyer?

You will most likely need to give the following additional information to the lawyer you plan on contacting.

1. When you were prescribed Bextra.
2. What was your Bextra dosage.
3. Did you quit taking Bextra before FDA asked Pfizer to recall it and why.
4. What serious side effects or unusual symptoms do you believe Bextra caused. It is very important to link serious effects to Bextra.
5. As a result of these serious side effects, were you admitted to a hospital? How long were you under the hospital’s care? Were there medical bills or other medical expenses due to any care received at the hospital?
6. As a result of these serious side effects, did you lose income, and are you now on disability?
7. The names of the doctors that helped you and the names of the hospitals you received care at.
8. General medical info, such as date of birth, current health conditions, family history of heart disease or cardiac diseases, smoking history, other medical problems, etc.


Legal Action against Bextra providers.

To prove a case against Baxtra, plaintiffs use a legal theory call Strict Liability. Strict Liability says that:

* the manufacturer or supplier of Bextra had a responsibility to make a safe product.
* the manufacturer or supplier of Bextra supplied a product even though the product was not safe, thus breaking their responsibility.
* the manufacturer or supplier’s product caused you to incur injuries, physical or mental.


Strict Liability does not apply to certain, anticipated side effects. The product must state these side effects. However, under Strict Liability theory, if a patient takes a drug and is injured due to inadequate warnings or dangerous side effects of the drug, the manufacturer or supplier is possibly at fault.

Who is at fault?

This information may be found in the personal injury info page here.

How much can I collect?

This information may also be found in the personal injury info page here.

Important: Can I still file a Bextra claim?

Most people who have suffered/or suffer from injuries related to toxic substances (Bextra in this case) did not know that the toxic substance was a health risk when they were exposed to the substance. To counter this, several states have created statutes that allow people to still file a claim for a predetermined time after the injury due to a toxic substance was detected. For more information on this topic, talk to your lawyer.
Anticipated Side Effects of Bextra,

as stated by Pfizer, the maker of Bextra. The following side effects occurred in 1.9% of patients taking Bextra. (See the PDF file here)

* Application site disorders: Cellulitis, dermatitis contact
* Cardiovascular: Aggravated hypertension, aneurysm, angina pectoris, arrhythmia, cardiomyopathy, congestive heart failure, coronary artery disorder, heart murmur, hypotension
* Central, peripheral nervous system: Cerebrovascular disorder, hypertonia, hypoesthesia, migraine, neuralgia, neuropathy, paresthesia, tremor, twitching, vertigo
* Endocrine: Goiter
* Female reproductive: Amenorrhea, dysmenorrhea, leukorrhea, mastitis, menstrual disorder, menorrhagia, menstrual bloating, vaginal hemorrhage
* Gastrointestinal: Abnormal stools, constipation, diverticulosis, dry mouth, duodenal ulcer, duodenitis, eructation, esophagitis, fecal incontinence, gastric ulcer, gastritis, gastroenteritis, gastroesophageal reflux, hematemesis, hematochezia, hemorrhoids, hemorrhoids bleeding, hiatal hernia, melena, stomatitis, stool frequency increased, tenesmus, tooth disorder, vomiting
* General: Allergy aggravated, allergic reaction, asthenia, chest pain, chills, cyst NOS, edema generalized, face edema, fatigue, fever, hot flushes, halitosis, malaise, pain, periorbital swelling, peripheral pain
* Hearing and vestibular: Ear abnormality, earache, tinnitus
* Heart rate and rhythm: Bradycardia, palpitation, tachycardia
* Hemic: Anemia
* Liver and biliary system: Hepatic function abnormal, hepatitis, ALT increased, AST increased
* Male reproductive: Impotence, prostatic disorder
* Metabolic and nutritional: Alkaline phosphatase increased, BUN increased, CPK increased, creatinine increased, diabetes mellitus, glycosuria, gout, hypercholesterolemia, hyperglycemia, hyperkalemia, hyperlipemia, hyperuricemia, hypocalcemia, hypokalemia, LDH increased, thirst increased, weight decrease, weight increase, xerophthalmia
* Musculoskeletal: Arthralgia, fracture accidental, neck stiffness, osteoporosis, synovitis, tendonitis
* Neoplasm: Breast neoplasm, lipoma, malignant ovarian cyst
* Platelets (bleeding or clotting): Ecchymosis, epistaxis, hematoma NOS, thrombocytopenia
* Psychiatric: Anorexia, anxiety, appetite increased, confusion, depression, depression aggravated, insomnia, nervousness, morbid dreaming, somnolence
* Resistance mechanism disorders: Herpes simplex, herpes zoster, infection fungal, infection soft tissue, infection viral, moniliasis, moniliasis genital, otitis media
* Respiratory: Abnormal breath sounds, bronchitis, bronchospasm, coughing, dyspnea, emphysema, laryngitis, pneumonia, pharyngitis, pleurisy, rhinitis
* Skin and appendages: Acne, alopecia, dermatitis, dermatitis fungal, eczema, photosensitivity allergic reaction, pruritus, rash erythematous, rash maculopapular, rash psoriaform, skin dry, skin hypertrophy, skin ulceration, sweating increased, urticaria
* Special senses: Taste perversion
* Urinary system: Albuminuria, cystitis, dysuria, hematuria, micturition frequency increased, pyuria, urinary incontinence, urinary tract infection
* Vascular: Claudication intermittent, hemangioma acquired, varicose vein
* Vision: Blurred vision, cataract, conjunctival hemorrhage, conjunctivitis, eye pain, keratitis, vision abnormal
* White cell and RES disorders: Eosinophilia, leukopenia, leukocytosis, lymphadenopathy, lymphangitis, lymphopenia

http://www.helpmefinda.org/display.cfm/seqnumber_content/54.htm

Asbestos Information

Basics.
Asbestos is a type of mineral that has been used in insulation because of its natural resistance to fire. Over the years, however, asbestos leaks from the insulation as dust, which, when inhaled, deposits itself in the lungs. Acting as a carcinogen, asbestos can cause or be related to several illnesses, including lung cancer, asbestosis (a fibrous scaring of the lungs), and mesothelioma (a malignant cancer that forms in the chest or abdomen).

Am I at risk?
Asbestos, like all carcinogens, is usually harmless when inhaled in small amounts; however, people directly working with Asbestos on a regular basis or people working in an area containing concentrated amounts of Asbestos in the environment are at a high risk. High risk jobs include/included shipbuilding trades, asbestos mining and milling, manufacturing of asbestos textiles and other asbestos products, insulation work in the construction and building trades, brake repair, and a variety of other trades. Demolition workers, drywall removers, and firefighters also may be exposed to asbestos dust. Walls insulated with Asbestos, however, will not leak Asbestos dust unless the insulation is disturbed through say construction.

There have been cases were people have reacted violently to small dosages of Asbestos, but the risk of developing an Asbestos related disease is usually secluded to people who have had a long exposure to high levels of asbestos. Asbestos levels vary depending on the concentration of fibers in the air, the duration of exposure, the person's breathing rate (workers doing manual labor breathe more air), weather conditions, and protective devices the person might be wearing (an air mask would decrease inhalation of asbestos). These worker’s families may also be at risk because Asbestos may have traveled into the family home through the clothes of the worker.

Thankfully, many people who were in contact with Asbestos will not experience any effects. The important point to remember is that generally Asbestos related injuries occur in workers who were exposed to high levels of Asbestos. On top of this, workers working with Asbestos currently follow strict rules set forth by the U.S. Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency's "Worker Protection Rule".

Smokers are 90 times more likely to develop lung cancer if they are exposed to Asbestos. Please, for the sake of your life, if you are/or have been in contact with Asbestos, quit smoking now.

What illnesses are attributed to Asbestos?

* Mesothelioma is a rare, malignant form of cancer found in the membranes of the lungs, chest, and abdomen. Mesothelioma is primarily caused by Asbestos exposure, and a person who has developed Mesothelioma should seriously consider filing a personal injury suit. Studies show that workers who have worked in/or work in Asbestos mines or mills, shipyards or factories that use Asbestos, or those who have manufactured or installed Asbestos insulation are at an increased risk for Mesothelioma. Studies have also shown that children who have been in contact with Asbestos have a higher chance of developing Mesothelioma.
* Lung Cancer has also been attributed to Asbestos. Again, people who have worked in/or work in Asbestos mines or mills, shipyards or factories that use Asbestos, or those who have manufactured or installed Asbestos insulation are at an increased risk for Lung Cancer. On top of this Smokers are almost 90 times more likely to develop lung cancer if they are exposed to Asbestos. Please, for the sake of your life, if you are/or have been in contact with Asbestos, quit smoking now.
* Asbestosis is a life threatening, chronic, non-cancerous respiratory disease. Asbestosis is caused when Asbestos dust lodges in the lungs, eventually creating scar tissue. People who suffer from Asbestosis may experience shortness of breath or a dry crackling sound while breathing. Sadly, there is no treatment for Asbestosis, and it is almost always disabling or fatal. People at highest risk for Asbestosis are those who are/or were in high contact with Asbestos dust, such as construction workers.


Who is at fault?

This information may be found in the personal injury info page here.

How much can I collect?

This information may also be found in the personal injury info page here.

Important: Can I still file a claim?

Most people who have suffered/or suffer from injuries related to toxic substances (Asbestos in this case) did not know that the toxic substance was a health risk when they were exposed to the substance. To counter this, several states have created statutes that allow people to still file a claim for a predetermined time after the injury due to a toxic substance was detected. For more information on this topic, talk to your lawyer.

http://www.helpmefinda.org/display.cfm/seqnumber_content/52.htm