January 2009

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Dallas Starts Towing Uninsured Vehicles

The City of Dallas has begun in earnest with the new policy of towing the vehicles of uninsured motorists. I hope the word spreads quickly and greatly reduces the number of drivers who don't carry the mandatory auto liability coverage. This would be a great benefit to our personal injury clients, and to motorists in general. On New Year's Day Dallas police towed 20 vehicles. It remains to be seen if that will be indicative of the pace of towing throughout the month.

I've written many times about the problems Texas has with uninsured motorists. More than 25% of Texas drivers have no auto insurance, even though it's required by state law. This new policy of towing uninsured cars will disproportionately affect poor people, who find it harder to afford insurance. But the law is the law - even poor people are required to carry insurance, and I don't think poverty is a good excuse to drive uninsured.

If you drive in Dallas and you either haven't bought insurance or you have let your insurance lapse, you better take care of that soon or you could be facing very expensive costs to get your car out of the pound.

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.

 



  Suite 1300
  2777 Stemmons Freeway
  Dallas, TX 75207
  (214) 999-9999
  (817) 999-9999
  (800) 989-9999
 

 FOR THE RECORD


Choosing A Home Health Care Agency In Texas

Many of our personal injury clients and Social Security disability claimants require home health care. One of the best companies providing this service in the Dallas and Fort Worth area is Nurses Today, owned and operated by Ms. Anita Porco, R.N. This information about choosing a home health care agency is from the Nurses Today Web site:

Home health care can be defined as care brought to the home to maintain or restore a person's health and well-being. Home health care is provided through various private agencies (profit and non-profit), hospitals, (public and private) and public health departments.

The Department of Aging and Disability Services licenses the agency to provide home health care after meeting rigorous standards and criteria. A licensing survey is conducted regularly after the initial license is granted. Ownership of the agency by a health care professional may establish a higher level of care for the client.

Your phone calls to the agency need to be dealt with promptly and personally. When caregivers are employees of an agency rather than independent contractors, the agency has control of the employee as well as insurance and taxes for the employee. Supervisory visits by a Registered Nurse to evaluate care should be performed at least every 6 months. An agency that has been in business for several years should be able to provide references from clients (private individuals, hospitals, nursing homes or physicians).

If you have any concerns about the agency that you are considering you can call the Department of Aging and Disability Services for information at: (512) 438-3011

Here is your checklist of questions to help you determine which agency you may want to use:

1. Is the Agency licensed by the State of Texas?

2. Is the agency owned by someone who has a health care background?

3. Does the agency carry worker's compensation and liability insurance and bonding?

4. Are the care givers treated as employees or as independent contractors?

5. Is there a medical person available 24 hours a day, 7 days a week to handle your concerns?

6. How professionally does the agency respond to calls made to the agency?

7. What are the qualifications of the care givers? (For details about specific qualifications, please visit Nurses Today.)

8. Is there an evaluation process to determine the appropriate level of care?

9. Can the agency provide continuity of personnel?

10. Are the charges for services made clear to you prior to services being rendered?

11. Does your physician have input into the care provided?

12. How is the care provided evaluated?

13. What references is the agency able to provide?

14. When was their last licensing survey?

15. How long has the agency been in business?

16. Does the agency specialize in any type of care?

 FOR YOUR INFORMATION

Resources For Social Security Disability Claimants

Last month we wrote about how nearly any disease can be disabling if it is sufficiently severe. A good information resource for individuals with various disabilities is available from The U.S. National Library of Medicine and the National Institutes. As the Web site points out, a significant percentage of the population has some form of disability. Most often the disability does not preclude gainful employment

In our practice of Social Security Disability law, we often are assisting individuals with the most severe of disabling conditions. We provide referrals to people who are interested in resuming lighter duty work or require retraining through vocational rehabilitation. But when full time employment is not possible, we help people secure Social Security Disability benefits, Medicare, and Medicaid.

If you're considering applying for Social Security Disability, please refer to this Factsheet from the Social Security Administration. As you can see, significant information is available online from the Social Security Administration about the types of benefits, duration of impairments, medical support, length of time for the application process, etc.

No matter where in the process you are, feel free to contact us. If we are unable to represent you, we will be glad to refer you to a lawyer or government agency who may be able to help.
 FEATURED EMPLOYEE

Melva Butcher
Legal Assistant

E-mail: melvab@kraftlaw.com
 

Ms. Butcher is a Dallas native and graduate of Adamson High School, who attended a community college for work-related specialized classes. She joined our firm in 2000 as a Social Security Assistant. Before coming to work with our firm Ms. Butcher had more than 22 years' experience with the Social Security Administration. There, she was a Legal Assistant to the Administrative Law Judges, and fulfilled detailed positions as a Decision Writer at the Social Security Administration Office of Hearings & Appeals. Ms. Butcher acts as a liaison between our law firm and the Office of Hearings and Appeals.

 FEATURED CASE

New Rules Implemented For Religious Worker Visas

Our firm represents religious workers seeking visas. In an effort to detect and deter fraud in the religious worker program, U.S. Citizenship and Immigration Services (USCIS) implemented significant changes to the special immigrant and non-immigrant (R-1) religious worker rules. The new rule became effective November 26, 2008.

Some of the changes in the new rule requires sponsoring employers to submit the petition on the foreign national's behalf for R-1 status, provides increased on-site inspection by USCIS, includes compensation requirements, reduces initial period of admission on R-1 status to 30 months, and increases employer’s evidentiary requirements.

One significant change is that an employer must sponsor the nonimmigrant religious worker by submitting the Petition for a Nonimmigrant Worker (Form I-129). Additionally, the employer must now submit a determination letter by the Internal Revenue Service (IRS) which will verify the religious organization’s tax-exempt status. In order to obtain a determination letter, the religious organization must pay a one time fee to the IRS. R-1 visa holders will now be admitted for an initial period of up to 30 months and may extend their stay for an additional period of 30 months.
 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 try to refer you to another attorney or to a government agency that can help you. There is no charge or obligation for that first phone call.

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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.