Alabama Personal Injury Blog - Miscellaneous

Health Insurance Is A Life Or Death Issue

Pete Mackey — Tue, 01 Dec 2009 08:53:23 GMT

A recent study by researchers based at harvard has found that the lack of health insurance causes almost 45,000 deaths annually in the U.S. The American Journal of Public Health first published the study in its Septemeber, 2009, online edition. The statistics cited by the study's authors are disturbing:

Dr. Steffie Woolhandler, study co-author, professor of medicine at Harvard and a primary care physician in Cambridge, Mass., noted: "Historically, every other developed nation has achieved universal health care through some form of nonprofit national health insurance. Our failure to do so means that all Americans pay higher health care costs, and 45,000 pay with their lives."

Dr. David Himmelstein, study co-author and an associate professor of medicine at Harvard, remarked, "The Institute of Medicine, using older studies, estimated that one American dies every 30 minutes from lack of health insurance. Even this grim figure is an underestimate - now one dies every 12 minutes."

Do you think that any member of Congress would be willing to admit that they could not help an accident victim because they did not have health insurance? Of course not. Now that there are bills to consider, the opponents' cry is "we are for health care reform, but just not what is proposed." The debate over the best solution has been raging for a long time. It's too late in the game to pull out the "we can do better" card at this late stage. Opponents of health care reform have had plenty of time to put forth their own proposals, but decided instead to backseat drive. Time has run out, on the naysayers and on the 45,000 Americans who will not be alive next year without insurance.

Originally posted at InjuryBoard by Pete Mackey

SSA Fugitive Felon Program Gone Bad

Stuart McAtee — Thu, 19 Nov 2009 11:07:37 GMT

It appears the "Fugitive Felon" program had some issues and precluded benefits to rightful recipients. A federal judge approved a civil-court settlement requiring the Social Security Administration to repay $500 million to 80,000 recipients whose benefits it suspended after deeming them fugitives.

The supposed fugitives include a disabled widow with a previously suspended driver's license, a quadriplegic man in a nursing home and a Nevada grandmother mistaken for a rapist.

According to an article in the Wall Street Journal, they were among at least 200,000 elderly and disabled people who lost their benefits in recent years under what the agency called the "Fugitive Felon" program. Launched in 1996 and extended to Social Security disability and old-age benefits in 2005, the program aimed to save taxpayers money by barring the payment of Social Security benefits to people "fleeing to avoid prosecution."

But some federal courts in recent years have concluded that most people the agency identified as fleeing felons were neither fleeing nor felons. The problem: Social Security employees relied on an operations manual stating that anyone with a warrant outstanding is a fugitive felon, whether the person is actually fleeing or attempting to avoid being captured.

The Social Security Administration, which neither admitted nor denied wrongdoing as part of the settlement, declined to comment.

The National Senior Citizens Law Center, an advocacy group for the elderly and disabled, sued the Social Security Administration in an Oakland, Calif., federal court last year on behalf of people denied benefits, and asserted that most warrants -- some decades old -- were for minor offenses and most people were unaware they existed.

Let's hope all of the valid recipients are compensated.

Originally posted at InjuryBoard by Stuart McAtee

SSD Questions About Going Back To Work Later In Life And Short Term Disability

Stuart McAtee — Tue, 10 Nov 2009 14:58:13 GMT

From time to time, we receive questions from potential clients about various subjects regarding Social Security. As our nation ages, more elderly workers are re-entering the work force and they sometimes have questions about withholding, Social Security, and taxes. If you are returning to work, after age 65 for instance, your employer must withhold FICA taxes from your paycheck no matter how old you are. Although you may have been retired, you do receive credit for those new earnings according to the Social Security Administration. Each year Social Security automatically credits the new earnings and refigures your monthly benefit. If your new earnings are higher than in any earlier year used to calculate your current benefit, your monthly benefit could increase.

Another question sometimes asked is about short-term disability. What if a worker will only be disabled for a short period of time(for instance Maternity Leave)? Can a person qualify for SSD benefits for short term disability? In a nutshell, no. Social Security pays only for total disability—conditions that render you unable to work and are expected to last for at least a year or end in death. No benefits are payable for partial disability or short-term disability, including benefits while on maternity leave. The disability evaluation process considers any current work activity you are doing, and your medical condition and how it affects your ability to work. For more information, go to www.socialsecurity.gov/pubs/10029.html

Originally posted at InjuryBoard by Stuart McAtee

Disaster Preparation - From An Attorney's Perspective

Pete Mackey — Sun, 08 Nov 2009 20:40:53 GMT

Everyone on the Gulf coast today is watching the news or accessing their favorite weather site. Fortunately, this storm will be passing over cool water before it hits land and thus will lose a good bit of its force. That said, everyone who has been through a storm before knows that strange things can happen. We all know what to do to prepare for a hurricane - fill up cars and gas cans, make sure that everything in your yard that could become airborne is put inside, board windows, get out the candles, batteries and flashlights, get some cash from the ATM, etc. We have all done this many times before.

Unfortunately, the steps listed above are generally those to which we devote the bulk of our energy. There are other things that, though equally or more important, are usually ignored. One reason preparing for a worst case disaster means facing issues that we don't want to face.

Get over it, just like you did when you had your first will prepared (and if you haven't done that, get over that first). Understand that you are taking steps that might help your family if the worst happens. Consider doing the following:

1) Make sure that all of your important papers (wills, insurance policies and banking records) are in your safety deposit box. Don't have one? Head to your bank and get one. They provide good bang for the buck.

2) Keep your medical insurance documents - policies, plan descriptions and cards - with the family member who is most likely to be dealing with your providers.

3) If anyone in your family is taking prescription medications, make sure that your stocks aren't low.

4) Make sure that people important to you know where the documents in 1) above are and come up with a communication plan in the event that power is lost (and it will be). Also, make sure that those same people know where you are going to be.

5) Develop an action plan for your pets.

6) Most importantly (probably should be #1), get out of the affected area if there is any doubt about the severity of the storm. Much better safe than sorry.

Originally posted at InjuryBoard by Pete Mackey

Why Can't I Recover Everything I Lost?

Pete Mackey — Tue, 03 Nov 2009 19:09:27 GMT

I settled a case recently right before jury selection. It was a legal malpractice case. My client had lost a good bit of money because the lawyer representing him in a real estate transaction did not read the rules closely enough. I spoke with my client today and he asked a very reasonable question - why is it that I end up with less than a whole loaf when I did not do anything wrong? After I pay your fee and expenses, he said, my recovery is less than what this whole ordeal cost me.

Though I agreed with his math, I reminded him of our conversations early on about the damages that he could recover. The lawyer here did not try to cheat him, he just didn't give the matter the proper attention it deserved. As such, punitive damages would not be available. Moreover, he could not recover emotional distress damages, even though he clearly went through a lot. In Alabama, if you haven't suffered a physical injury, emotional distress damages are not available for negligent acts unless you can show that you were exposed to the threat of bodily harm - in the "zone of danger."

On top of all that, he could not recover the attorney's fees he had to pay me. That is because we follow the "American Rule" in the United States. Each side pays their own lawyer unless there is a contract that provides that the winner recovers such fees or there is a law that does the same thing (as in Federal discrimination cases). While this can result in an anomaly like this, there is a good reason for the rule. If lawyers knew that the loser would have to pay the other side's attorney's fees, it would close the courthouse doors to a lot of folks where the prospect of paying fees to the other side would chase off lawyers from getting involved. It is a lot like democracy - it's not great, but it's better than every other system out there.

Originally posted at InjuryBoard by Pete Mackey

Qui Tam and Health Care Savings

Pete Burns — Mon, 02 Nov 2009 09:35:04 GMT

A south Texas hospital agreed to pay $27.5 million to settle a qui tam suit. San Antonio Express-News (10/31, Brezovsky). The whistleblower got $5.5 million for his trouble and the taxpayers got the rest!

Patients are a source of profit for hospitals. Consequently, hospitals have an incentive to encourage doctors to send their patients to them. It is illegal for a hospital to pay a doctor – directly or indirectly – for sending patients to their hospital. Whistleblowers who report hospitals for “paying for referrals” stand to help themselves while saving substantial taxpayer dollars. The illegal payments are frequently hidden as compensation for other services or passed on as reduced rent or other perks. This is an opportunity for reducing the cost of health care without penalizing the victim of medical malpractice.

Reigning in this type of situation will help reduce health care costs without sacrificing the quality of health care or the rights of patients.

Originally posted at InjuryBoard by Pete Burns

What Is This Statement from Social Security and Why Do I Keep Getting It?

Stuart McAtee — Sun, 01 Nov 2009 15:11:53 GMT

Recently, I recieved a Social Security Statement in the mail because my birthday is fast approaching and I meet certain criteria to receive such a statement. If you're age 25 or older, pay Social Security taxes and are not yet receiving monthly benefits, you should get an automatic Social Security Statement in the mail each year about two to three months before your birthday. The statement is a valuable tool to keep track of your annual earnings, as well as to help you plan your financial future. Read Article: www.times-standard.com/lifestyle/ci_13339858

But if your earnings don't meet the threshold for filing a federal tax return, you might not be receiving your annual Social Security Statement. However, you're probably entitled to one.

Everyone who has worked and paid Social Security tax is entitled to receive a statement. So, if you don't get one automatically in the mail, you can request one from Social Security -- and the easiest way to do that is online.

Just visit www.socialsecurity.gov/mystatement and click on the “Need to request a Statement?” banner. You'll need to fill in the following information to make your request:

-- Your name as shown on your Social Security card

-- Your Social Security number

-- Your date of birth

-- Your place of birth

-- Your mother's maiden name (last name only, to help identify you).

You also can provide the following information to make your estimate more accurate:

-- Your last year's earnings and an estimate of your current and future earnings.

-- The age you plan to stop working.(for most this may be difficult)

Once you make your request, Social Security will mail you a statement, which you should receive within two to four weeks. Give it a careful look to make sure your earnings and information are reported correctly, and contact Social Security if you find anything amiss.

After you review your statement, it's a good idea to keep it with your other important papers. And if you'd like to go one step further in your retirement planning, visit the online Retirement Estimator at www.socialsecurity.gov/estimator, where you can get an instant estimate of your future benefits based on your earnings record and plug in various retirement age scenarios. More information is also available at www.socialsecurity.gov.

Originally posted at InjuryBoard by Stuart McAtee

Alabama Court Clarifies Burden Of Proof For Interference With Business Relations

Michael Roberts — Fri, 30 Oct 2009 13:53:44 GMT

A recent decision in the Alabama Supreme Court has clarified the requirements for filing and proving a claim for intentional interference with business relations. Since at least 1986, Alabama courts have recognized this claim as a distinct tort, but arguments have been asserted based on a lack of understanding or clarity about the specific requirements or elements for such cases. The requirements as typically described include the existence of a contract or business relation; defendant’s knowledge of that contract or business relation; intentional interference with that contract or business relation; damage or losses to the plaintiff as a result of this interference. In this recent case, one company “put pressure” on landowners to sell to that company, notwithstanding the fact that the owners had signed a “letter of intent” to sell to the plaintiff company. The Supreme Court rejected the interfering company’s arguments that the plaintiff company had the burden of proof in showing the “absence of justification” for the interference. The court held that “justification” is an affirmative defense for which the interfering company, the defendant, had the burden of proof. (For further discussion of the tort of interference with business relations, see Chapter 26, Alabama Tort Law (Lexis Law Publishing).

Originally posted at InjuryBoard by Michael Roberts

Safe Sidewalks

Gaines Drago — Wed, 21 Oct 2009 10:23:56 GMT

8 Schools in the Mobile, Alabama, area are finally getting safe sidewalks around their campuses. The cost of this federally funded project was just over one million dollars. While the percentage of students who walk or ride their bike to school has dropped from nearly half to 15% this is a very positive step towards improving the health, and safety of our children. American children are far more obese than they were forty years ago. They get very little exercise at school and certainly very little once they return, so if they are able to ride their bike or walk to school this thirty minutes of exercise could make all the difference in the world. In addition, broken sidewalks can lead to injury and just look unsightly. It is a little step, but one in the right direction.

Originally posted at InjuryBoard by Gaines Drago

Wills For Heroes

Pete Mackey — Mon, 19 Oct 2009 08:22:02 GMT

Last Wednesday, my firm and another lawyer went over to the local Sherriff's office and drafted 17 wills, durable powers of attorney and advanced healthcare directives for first responders. This was the second year that we partcipated in the Wills for Heroes program. It is sponsored locally by our Volunteer Lawyers Program.

While I knew that it was a worthwhile cause, I was not up for it. I had been out of the office the entire week before, was generally behind in my work and had a pre-trial order due in one of my cases by the end of the day. How about if I just throw a little money their way and stay at my desk, getting real work done? It wasn't an option - they don't need money - they need lawyers to draft these important documents. But I don't even draft wills? Not a problem Pete - the organization has software that will walk even a probate law challenged soul like yourself through the process.

Stripped of excuses, off I went after lunch to "do good." Everyone who came in understood what we were doing and were accordingly appreciative. They all realized that their line of work puts them in harm's way every time they go out on patrol and that these documents will, if the worst happens, make their families' load a little lighter in the aftermath. They have not done it before because they aren't paid what they are worth. I left with a real feeling of accomplishment. I still don't know much about probate law, but I sure know the good, warm feeling that comes from helping someone else - even if it's only in a small way.

I would encourage every lawyer out there to participate. If the program is not being done locally, I am sure that the folks at willsforheroes.org can remedy the situation. If you are a first responder, please take advantage of the opportunity - I know that you have already returned the favor many times over.

Originally posted at InjuryBoard by Pete Mackey