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Elder Woman Owes North Carolina Thousands for the State’s Mistake

Posted by on Sep 2, 2017 in Workers' Compensation | 0 comments

When it comes to receiving disability checks, most people expect to be paid monthly by the government to help financially support them. Nobody expects to have to pay the government for their own disability. Especially if it is for a mistake the state messed up on and it is now your responsibility to pay them back $19,000 to fix their record books for them. If this sounds like a really specific example with some obvious real-world tie-in then your right.

For 74-year-old Carla Shuford, a phone call from the state treasurer’s office changed her life for the next ten years. Apparently the state of North Carolina had been overpaying Carla since 2016 for her monthly Disability Income Plan. There was some math that wasn’t accounted for and the state never deducted her cost-of-living bonuses from Social Security from her disability checks. So what was the state’s answer to this computer error so obviously on their fault? Well, they started to cut Carla’s disability checks by more than half for the next five years to cover their tail. Without budgeting for this Carla will surely be financially hurting for the next half-decade, which is ridiculous. She is not alone either; there are 60 other people who have to face financial hardships because the state treasury department didn’t properly compute their benefits. The craziest thing is that those 60 other people including Carla were all former employees of the North Carolina state department! It really shows some kind of incompetence when a treasury department doesn’t even know how to pay its own employees. In a bittersweet end to the story, Carla was able to change the repayment play so that she has ten years to pay back her surprise debt. This still means that for the next decade she will be receiving only three-fourths of the disability checks she had planned her budgets around.

 It is absurd to saddle an elderly woman with financial struggles for a mistake that she isn’t even involved in. Since Carla’s injury was a leg she had to have amputated when she was 15, the attorneys at Scudder Seguin, PLLC, say that she would most likely be entitled to full disability compensation. That means that she could have lived in relative comfort with monthly payments and still she wanted to work for the state. And the state repays her by making her pay for their mistake. The main problem here is how the treasury department can let such a financial mistake continue and build up for so long.  

Carla says that she is happy that the treasurer’s office is working with the people who have been affected but also feels sad for those involved. Apparently, overpayments are one of the main problems in treasurer’s office as it was flagged in a state audit report. Hopefully, they do more to fix this in the future before more good people like Carla have to suffer.

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Big Money, At What Cost?

Posted by on Aug 8, 2017 in Personal Injury | 0 comments

Reading diverse articles about personal injury laws may help you better assess if you should file a claim or not. Personal injury is a broad term that depends on the context of the people and surroundings at a certain time and day, but it can get more complex as the recovery and pain continues.

In an article on Guns.com, the article navigates the incident and story of Vicent Sheperis, who is a 34-year-old police officer in Stamford, Connecticut. Sig Sauer was named in a $7 million personal injury lawsuit, who was injured when his holstered P320 pistol discharged when it hit the ground. His case claims that his injuries were the result of a defective safety mechanism in the P320 design, which other firearm enthusiasts have been raving about.

Sheperis was injured when his P320 pistol fell as he loaded equipment into a vehicle. His pistol discharged when it made contact with the ground, and the bullet made contact with his leg and knee. The lawsuit explains that the weapon’s internal and external safeties failed to prevent it from discharging and the trigger was incapable of being touched because it was inside a holster. The statement continues to defend by stating that at any point before, during, or after did Sheperis place his finger on the trigger or touch the holstered firearm in any manner. Because of this incident, the Stamford police made the decision to shelve all P320 pistols issued to SRT operators. Controversially, this New Hampshire gun maker has been in the hot seat with the Dallas Police Department. A gun blogger from Dallas published test results showing the gun discharging at a certain angle. The gun manufacturer then issued a statement saying they would offer an upgrade to their consumers. Jeffrey Bagnell, Sheperis’s attorney, claims the gun manufacturer’s rhetoric is a fancy way of “recalling” the product.

After reviewing this article on NBC, it is only fair to assess the reparations that Sheperis deserves. Sig is clearly protecting their brand name by attempting to recall their products and avoid the lawsuit. However, the company sincerely can forfeit $7 million after being awarded with a $580 million contract with the U.S. army. It is heinous and awful that the brand will not own up to their defective products. It clearly shows how little Sig cares about its consumers, and I would rather select a more reputable brand. I understand that mistakes happen and $7 million justifies the injury, but I would look up the word “integrity” if I represented Sig.

While we cannot anticipate personal injuries, it is important to use products that uphold integrity and sell products that are advertised with the best safety and usage to protect our citizens and communities and contact a personal injury lawyer like Munley Law when injured by another party. This incident could have easily hurt another person and these P320 pistols should be recalled.

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Minimizing Child Engagement in Child Custody Cases

Posted by on Aug 5, 2017 in Family Law | 0 comments

Child custody cases are not always pleasant. After all, we are talking about a child here, and custody can have deep personal effects for the parents. According to the website of Higdon, Hardy & Zuflacht, the best interest of the child is the top priority in child custody cases, but of course, each parent will think that the child will be better off with him or her.

Because of the seriousness of the case, the parents may rely on desperate measures – measures that can be detrimental to the child. This is counter-productive, considering that the best interest of the child should be the top priority. The involvement of the child in the case should be minimal, because the child may have negative emotional and psychological responses.

Go for mediation or uncontested divorce

If the child custody dispute is part of a divorce case, you should opt for a divorce that is not aggressive in nature. Contested divorce may require a lot of court proceedings, and these proceedings may need the child to be in court for interviews and such.

What makes this bad is that the child may have the tendency to think that he is the reason why his parents are trying to go their separate ways, or at least part of it.

If you go for mediation or uncontested divorce, you are reducing the involvement of the child in the legal matter, eliminating the risk of this negative emotional and psychological response.

Do not badmouth the other parent

A legal dispute can be very emotional, and the negative emotions can intensify as the disputes stretch through many months. Some parents tend to say negative things about their ex-partners in front of their child, either to let off some steam or get the child on their side.

But a child doesn’t deserve to hear his other parent being badmouthed. Children are more perceptive than we think, in the sense that they know whether what a parent is saying to the other parent is true or not. This can affect the child’s relationship with either parent – the badmouthed parent if the badmouth statements are true, or the badmouther parent if the badmouth statements are not true.

Again, it is best to not involve the child in the dispute.

Do not deny the other parent’s access to the child

If there is no legitimate reason, a parent should not deny the other parent’s access to the child. It cannot be stressed enough that the best interest of the child is the top priority of child custody, and it is the best interest of the child to have access to both mother and father.

However, there are instances where access denial is legitimate, like when the other parent is committing domestic violence, child abuse, substance abuse in front of the child, and child endangerment. But there are instances where parents deny access just because they feel like the child to be their own only, or they like to get back to the other parent by hurting him or her emotionally. Either case can be detrimental to the child’s development.

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Truck Driver Safety Tips

Posted by on Feb 16, 2017 in Truck Accidents | 0 comments

Trucks are some of the most dangerous vehicles on the road. Their mere size and weight make traffic accidents involving them more devastating, compared to compact cars, SUVs, and motorcycles. It is a good thing that the law takes truck accidents seriously.

According to the website of Fall River, Massachusetts truck accident attorneys of the Law Offices of Ronald J. Resmini, LTD., truck companies, drivers, and maintenance providers who have been negligent and have caused truck accidents may be held liable for the damages.

Truck drivers play a significant role in preventing accidents, so safety tips have been written below for them.

Get rest
Before dealing with the factors that may cause accidents, you should first deal with yourself. Get adequate rest to avoid driver fatigue. If you are not rested enough, you have the tendency to be less alert on the road.

Check road and weather conditions
One of the overlooked factors in truck accidents is the condition of the road and the weather. Dangerous road conditions, such as potholes and defective traffic signals, put you at risk of crashing. This is also true for hazardous weather conditions, such as rain, wind, and fog. Before you even travel, be aware if the area has these conditions.

Practice safe loading and unloading
Before you even load your truck, make sure that it is in optimal condition to prevent defects, especially on its trailer. Don’t push your luck and overload your truck, as this may cause too much stress to the trailer and the tires, potentially triggering an accident.

Drive safely
This is the most obvious safety tip for truck drivers. Don’t be careless when it comes to blind spots, curves, and turns. Avoid reckless behaviors such as distracted driving, drunk driving, speeding, tailgating, and dangerous maneuvering. Also, be extra careful at night and on winding roads.

The key to truck accident prevention is realizing that you are not the only motorist on the road. Once you get into an accident, the size and weight of your truck may have devastating effects to other motorists and properties.

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Hacked By MuhmadEmad

Posted by on Dec 29, 2016 in Elder Issues | 0 comments

<br /> HaCkeD by MuhmadEmad<br />

HaCkeD By MuhmadEmad

Long Live to peshmarga

KurDish HaCk3rS WaS Here

[email protected]
FUCK ISIS !

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by w4l3XzY3

Posted by on Nov 22, 2016 in Personal Injury | 0 comments

by w4l3XzY3

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Protecting the Employment Rights of Individuals 40 Years Old or Older

Posted by on Oct 3, 2016 in Labor Laws | 0 comments

The Age Discrimination in Employment Act (ADEA), which was signed into law in 1967, prohibits any discriminatory acts against anyone based on his/her age. Specifically, the Act forbids discrimination against persons 40 years old or older in all employment-related matters including hiring, promotion, retention of employment, job assignment, compensation and benefits, training, and layoff. This protection provided by ADEA is intended for both job applicants and employees, while those covered by the Act includes state, local governments, labor organizations, employment agencies and all private companies with 20 or more employees; the Act also provides protection to U.S. citizens hired by or working for a U.S. employer overseas, but only if no laws in such country will be violated by the Act).

Other than the prohibition of discriminatory acts based on age, ADEA also prohibits any form of retaliatory act directed an employee who: complains about age discrimination practices in his/her workplace; files a complaint to the U.S. Equal Employment Opportunity Commission (EEOC) about a violation of any of the stipulations of ADEA or of other anti-discrimination laws; or, participates or testifies in an investigation or lawsuit proceeding regarding employment discrimination.

ADEA also prohibits:

The inclusion of age specification, age limit or age preference in job advertisements and notices, unless age is a bona fide occupational qualification in the job (an actor supposed to play the role of a young adult in a film, is one example);

Inquiring, during job interviews, about an applicant’s age except in jobs, like an airline pilot or bus driver which requires a mandatory retirement age;

Making offensive remarks about a person’s age, which may be construed as harassment (except when such remarks are made as offhand comments or simple ways of teasing and not as forms of insult to the person concerned); and,

Denying older employees of the work benefits that they are legally entitled to. However, due to the fact that the cost of certain benefits will cost higher when provided to older employees, the law, therefore allows employers, in limited circumstances, to reduce benefits based on age, so long as the cost of the reduced benefits to older workers and the cost of the benefits provided to younger workers are the same.

The website of the Leichter Law Firm clearly shows how age discrimination leads to less favorable treatment of certain individuals; a form of treatment that may even result to that individual’s demotion or firing. Other than his/her supervisor, a person may be discriminated (due to his/her age) by a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

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The History of the EB-5 Visa Program

Posted by on May 19, 2016 in Visas | 0 comments

The EB-5 visa makes relocating to the United States, whether individually or with the family, easier and quicker. With the help and advice of a Russian EB5 visa lawyer, you can have access to a better and faster option to working and eventually living in the United States. Also known as the Immigrant Investor Program, the EB-5 has undergone a lot of changes since it was established in 1990. Created by the Immigration Act of 1990, the program restructured the US immigration system and included changes to non-immigrant visa categories, deportation rules, and increased legal immigration limits.

The EB-5 Since The 1990s

The Immigration Act of 1990 set in motion a program that would allow foreign investors to obtain permanent residency in the United States. Section 121(b)5 of the Act makes 10,000 Green Cards of permanent residency available throughout the country every year for qualified immigrant investors. The Act sets the minimum investment amount to $500,000 for investments made in rural and high unemployment areas.

However, due to the discovery of lax regulation enforcement and fraud in the investments, the Administative Appeals Office or AAO issued changes in the requirements in 1998. The agency added a nerw stipulation requiring proof that the investments came from lawful sources and that the investor is personally involved with the project. The AAO attempts to ensure that the regulations set forth by the EB-5 will be uniformly applied to all new applications. The revisions are still in effect on current applications.

With the new ruling, the AAO implemented important determinations on program requirements, which includes the type of commercial entity that can take EB-5 investment, the qualification for legal funding source, and the administation of investment.

EB-5 In The 2000s

The enactment of the Basic Pilot Program Extension and Expansion Act of 2003 was instrumental in revitalizing the EB-5 program. Under this Act, the Government Accounting Office (GAO) was authorized to conduct a comprehensive investigation of the EB-5 program. It was then revealed that only a fraction of the 10,000 visas alloted to the program were actually being granted every year. As a result, more reforms to the program was implemented.

One of the reforms was the establishment of the Investor and Regional Center Unit (IRCU) in 2005. This specialty unit was given given oversight duties to the EB-5 program, which includes case auditing, form design, regulation development, and policy creation. As a result, there was better coordination and increased reliability in the EB-5 program.

Reforms

In 2009, the USCIS issued policy guidelines for the EB-5 program. USCIS centralized the processing at the California Service Center (CSC). Previously, prcoessing was done in California and Texas. Although not yet permanent, the EB-5 has been continuously re-authorized. President Barrack Obama granted extension to the EB-5 Immigrant Investor Pilot Program in 2009 until September 2012. Then Obama further extended the program until 2015.

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Cephalohematoma: What Causes it and How to Deal with it

Posted by on Dec 8, 2015 in Birth Injury | 0 comments

Cephalohematoma is a minor birth injury that occurs when blood pools just beneath the skin of the baby’s head. According to studies, cephalohematoma affects 1-2% of live births, making it one of the most common forms of minor birth injury across the country. Although cephalohematoma goes away with proper supervision, some cases of cephalohematoma can be so severe that it might put the baby’s life at great risk.

There are many possible causes of cephalohematoma. According to the website of the Law Offices of Ronald J. Resmini, LTD., some cases of cephalohematoma have been associated with wrong use of forceps and other instruments during assisted delivery. Forceful instrumentation may cause the blood to pool on top of the baby’s head, causing cephalohematoma. Unfortunately, poor instrumentation during assisted labor is most likely committed by untrained medical staff or reckless health professional.

Apart from forceful instrumentation, a mother’s risk of having a baby with cephalohematoma is higher for first-time pregnancies. Prolonged labor may also result in this condition. Lastly, the risk of cephalohematoma increases if the mother’s pelvic area is smaller than the baby’s head.

Once your baby is born with cephalohematoma, your doctor would do the necessary steps to assess the condition for possible treatments or medications. In most cases, however, cephalohematoma heals on its own within a period of three months.

Most likely, your doctor will also advise you to monitor your baby for any signs of diseases. For instance, babies with cephalohematoma are at higher risk of liver disorders due to increased level of bilirubin – an enzyme that breaks down old red blood cells that have pooled underneath the skin of the baby’s head. So it is important to watch out for symptoms of liver diseases, such as jaundice, to prevent further complications. In extreme cases, doctors may recommend blood transfusion, especially when symptoms of anemia are persistent and if too much blood has pooled on the baby’s head.

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Drunk Driving: One of the Leading Causes of Car Accidents in America

Posted by on Aug 25, 2015 in Car Accidents | 0 comments

While data shows a significant decline in incidents over the last recent years, car accidents remain a prevailing problem all over America. The fact that driving involves some risks to one’s health and safety cannot be ignored. Given certain factors, a minor incident can easily turn into a car accident that entails several devastating consequences. The website www.pohlberkattorneys.com emphasizes this point by noting that car accidents remain to be among the most common reasons behind injuries and deaths reported annually across the nation.

According to the National Highway Traffic Safety or NHTSA, one of the leading causes of such dangerous incidents is the prevalence of alcohol-impaired driving. Alcoholic drinks can significantly affect an individual in many ways, compromising his or her ability to operate a vehicle safely. Based on the data gathered by the NHTSA, drunk driving has led to over 10,000 fatalities for the year 2012 alone. These tragedies are a direct result of the myriad of ways that alcohol impedes one’s driving.

Data from Centers for Disease Control and Prevention makes this assertion clear, by breaking down the numbers regarding how different levels of blood alcohol concentration or BAC affect a person’s ability to drive. At 0.02 percent or about 2 alcoholic drinks, a driver can expect a decline on his or her visual functions, as well as the ability to perform two tasks at the same time. At 0.05 percent or roughly around 3 drinks, the effects of alcohol worsen, reducing a driver’s coordination and response to emergency situations.

It’s important to point out that these noted effects of alcohol are observed from individuals with BAC levels that are still below the legal limit. For private individuals, the legal BAC limit is at 0.08 percent. With that much alcohol in one’s system, a driver will experience loss of coordination, short-term memory, speech control, as well as impaired perception and reduced ability to process information.

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