October 2008

Why Are You Getting This Newsletter?

This free e-mail newsletter is sent to current and former clients of our law firm, to those who have specifically asked to receive it, and to those who have contacted our firm for legal advice in the past.

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State Bar of Texas Seminar on Ethics

I was honored to be asked to participate in a panel discussion on the Ethics of Legal Blogs for the State Bar of Texas in September.

The seminar was available live on the Internet, and is now there at the Web site of the State Bar of Texas for lawyers to watch at any time (for a fee of $80).

The four-person panel discussed such issues as how legal blogs differ from legal Web sites, and the etiquette of blogging.

You can read my blogs at Injury-And-Disability.com and at Immigration-Law-Answers-Blog.com. Please take a look -- you'll find a lot of helpful information about personal injury law, Social Security disability, and about immigration law.


Free Legal Advice?

Yes, at Kraft & Associates we are glad to provide our clients and friends with free information on a variety of subjects. If you want details about how to lower your automobile insurance rates, Texas Workers' Compensation law or Social Security Disability claims, please contact us and we will send you any of these brochures without charge or obligation.
 



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  2777 Stemmons Freeway
  Dallas, TX 75207
  (214) 999-9999
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 FOR THE RECORD


Don't Let Yourself Get Hooked By Consumer Fraud

This article is excerpted from a portion of the Web site of the Texas Attorney General that is devoted to protecting senior citizens. But the information is important and relevant to people of all ages. Scams can occur in person or by telephone, but these days are much more likely to pop up on the Internet. Remember, if something sounds too good to be true, it usually is not true.

Every day, Texans lose money to consumer frauds. It happens more ways than you can imagine. Decent, intelligent people are duped out of their life savings by smooth-talking, utterly unscrupulous crooks. These are people who will look you in the eye and lie.

You have been warned about mail fraud, telephone fraud, internet fraud and door-to-door fraud. But how will you know it when you see it? Whether they reach you by mail, by phone, by e-mail or by talking to you in person, they will give themselves away if you know what to look for. No matter what the bait they offer you, underneath it is a hook. Here are five hooks to watch for:

They contacted you. Think about it. If you look up a business and call to make an order, you know who is on the other end of the deal. With a con artist, all you know is who that person says he or she is. You are already at a huge disadvantage.

They dangle bait in front of you. It is almost always a large sum of money, like a prize or an easy loan, or a large income. It sounds so easy! But we all know that people don’t give away large sums of money so easily, or pay large incomes for nothing. Only in daydreams.

They want your personal information. Anytime someone tries to get your bank account number, Social Security Number, or other sensitive information, you should automatically be on red alert. Don’t do it.

First, you have to pay them. Don’t be blinded by the promise of a large sum of money in the future. If they are asking you to give them money first, back off. It is illegal for someone to require up-front payment before funding a loan or paying out a sweepstakes prize.

You have to wire money instead of mailing it. This is your last warning: if you are on the brink of wiring somebody money in order to get a prize or a loan, an inheritance or any other large sum of money, STOP! It’s a fraud. You are about to be robbed.

By mail, by phone or face to face, con artists dangle baited hooks in front of honest people every day of the week. It usually begins with an unsolicited contact from a company, individual or organization you never heard of. You do not know who the caller really is. Real lotteries don't call you to say you've won. You don't get grants without applying for them. You don’t get easy loans if you have bad credit. Real money is hard to get. It doesn't just come to you. But there are people who would like to have whatever money you have to lose. Don’t get hooked!

 FOR YOUR INFORMATION

Social Security Administration Admits Challenges

In a recently announced "Strategic Plan Fiscal Years 2008 - 2013" the Social Security Administration lists the challenges the agency faces. I agree with this list, although I might add a couple of items to it. The Social Security Administration's service to our clients is deteriorating, which is bad for our clients and bad for our law firm.

Many of these challenges will require additional funding to resolve. Funding has never been easy for the Social Security Administration to obtain, and now with the massive Wall Street bailout plan looming, it may be impossible to get the money required to just stay even, much less to improve. Here is the list of challenges:

•     Unacceptable hearings backlog
•     Aging computer systems
•     Complex and outdated disability process
•     Threats to computer systems and personal information
•     Geographic, generational, and cultural population shifts
•     Loss of expertise as our employee retirements accelerate
•     Increasing demand for service
•     Limited public understanding of the role of Social Security benefits
•     Increasing non-traditional workloads (e.g., Medicare and immigration)
•     Increasing improper payments
•     Limited resources
•     Infrastructure costs rising well over the rate of inflation

 FEATURED EMPLOYEE

Sonia Juarez
New Case Clerk

E-mail: soniaj@kraftlaw.com
 

Ms. Juarez is a Dallas native who first joined our law firm in 1988 as a receptionist. She graduated from Thomas Jefferson High School and attended Executive Secretarial School. Ms. Juarez has filled several positions with our firm over the years and currently works as a New Case Clerk. Ms. Juarez is fluent in Spanish.
 

 FEATURED CASE

Sleep Disorders And Social Security Disability

Our law firm has represented many Social Security disability claimants who suffer from various sleep disorders. The Social Security Administration recognizes a variety of causes for sleeping disorders including: Sleep Apnea, Bi-Polar Disorder, and Narcolepsy. 

The first listing is 3.10 for Sleep Related Breathing Disorders. Generally this will be sleep apnea. To establish a disability under this listing Social Security is looking for one of the following: A mean pulmonary artery pressure greater than 40 mm Hg or arterial hypoxemia. This listing is very hard to achieve. A better, more realistic approach is to establish functional limitations such as daytime sleepiness and difficulty concentrating. You should also undergo a sleep study to establish the fact that you actually have sleep apnea.  Remember that sleep apnea can usually be effectively treated with the use of a C-PAP machine, so before seeking disability you should consult with your doctor about treatment.

People also can have difficulty sleeping caused by psychological problems. Often, people with Bi-Polar disorder will find themselves having “racing” thoughts and unable to sleep for several days at a time. We have discussed bi-polar disorder before. For any claim based on psychological disorders you MUST seek psychological or psychiatric treatment to have any chance to prevail on your claim. Many states have laws establishing indigent mental health facilities for people with low income.

Finally, a few people suffer from Narcolepsy, which is a disease of the mind that causes you to sleep too much. Narcolepsy requires treatment from a Neurologist. It is a rare disease and must be fully documented by your doctor. It is often associated with seizures. If you think you might suffer from Narcolepsy you should contact your doctor and begin keeping a log of any seizures you are having.

 
 HOW CAN WE HELP YOU?
Our law firm has helped thousands of clients over the years. Sometimes clients who use our firm for one type of case may not realize that there are other legal problems we could help them solve.

We handle most types of injury claims — including automobile collisions, "slip and fall" cases, injuries suffered as a result of defective products, injuries resulting from inadequate security, medical malpractice claims, nursing home negligence claims, prescription drug injuries and many others. We invite you to call us about any serious injury to see how we can help you.

Kraft & Associates also represents people who have been denied their Social Security Disability benefits. We can help at the Initial stage, the Reconsideration stage or the Hearing stage. We can help you, your family or friends with any Immigration question.

Our law firm represents people who have immigration problems of any kind, whether family-based immigration or employment-based immigration.

We also help people who have problems regarding family issues, such as divorce, child support, adoption, modifications, enforcements, attorney general disputes, paternity and other similar matters. We also represent clients who have been arrested or charged with committing a crime.

Please feel free to call us with any legal questions you may have. If we cannot represent you, we will attempt to refer you to another attorney or to a government agency that can help you. There is never any charge or obligation for our initial consultation.

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Automobile Accident, Wrongful Death, Nursing Home Negligence, Social Security Disability.

DISCLAIMER: This newsletter is presented by Kraft & Associates for informational purposes only, and not as legal advice.