July 2009

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AMA Report Ranks Health Insurance Companies:

The AMA has issued its 2009 Health Insurer Report Card, which measures the nation’s eight largest health insurers on claim denials, timeliness, accuracy and transparency. For much more information on this subject, you can visit the AMA Web site. The Dallas Morning News has summarized the findings:

The percentage of medical claims denied in 2008 ranged from 6.9% to 2.7%. The percentages improved this year, ranging from Anthem Blue Cross Blue Shield’s high of 4.3% to Aetna’s denial rate of 1.8%

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
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 FOR THE RECORD


Credit Card Companies Racing To Increase Profits Before Reform Legislation Becomes Law

Even though Congress passed sweeping credit card reform legislation this month, it does not go into effect for almost a year. That gives credit card companies plenty of time to devise new methods for squeezing profits out of consumers while they still have free rein.

For instance, JP Morgan Chase recently raised minimum payments on many of its accounts from 2% to 5% per month. That means that a customer who has been required to make minimum payments of $300 per month is now faced with paying $750. The accounts Chase targeted were those with the most favorable interest rates, fixed at under 5%. Many consumers feel this change was made in an effort to force a late payment from them, which would entitle Chase to raise interest rates on their accounts. In a story by MSNBC, one consumer stated, “They don’t want people to have 5% loans out forever and ever.”

Chase spokeswoman Stephanie Jacobson essentially conceded that strategy in an e-mail response to MSNBC, stating: “Tens of millions of Chase customer have taken advantage of our promotional low rate financing over the last five years. Most of these loans have been paid back in less than 24 months. However, there have been a small percentage of customers that have not made as much progress in paying down those loans. Our desire is to have these balances paid back in a reasonable period of time.” Jacobson went on to state that the changes affect only about 1% of Chase’s customers; however, that equates to about 1 million accounts.

Bill Hardekopf, who runs LowCards.com, said banks are following through on warnings that credit card expenses for consumers would rise after passage of the Credit Card Accountability, Responsibility, and Disclosure Act.

“From an issuer standpoint, they are looking at their default rates going up, they are in tremendous economic distress and they are trying to minimize their risk as much as possible,” he said. “Issuers feel they need to find ways to make up for revenue they are projecting they are going to lose once the legislation takes effect.”

The new federal regulations that take effect next year will limit the ability of banks to change rates unless cardholders have variable rate agreements. Therefore, banks are trying to convert customers from fixed-rate cards to variable-rate cards. Bank of America recently sent notices to cardholders with fixed rates, informing them that their accounts would be converted to variable-rate accounts the next month.

Many consumers may be tempted to transfer their balances from these cards, but that tactic is also becoming more expensive. Transfer fees used to average about $50 to $75. Now, many banks are charging a 5% transfer fee, which would be equal to $400 on an $8,000 transfer.

Of course, the best way to avoid transfer fees, interest rate increases, and changes in minimum payments is to decline the change in terms. This means that the consumer must close the account and not make any further charges, while paying off the balance under the terms of the original agreement. This decision must be made at the time of receiving the notice of changed terms, and action must be taken before the next due date to avoid the new terms going into effect.
 FOR YOUR INFORMATION
Eligibility for SS Disability Stimulus Payment After May 2009
 
This information is excerpted from the National Organization of Social Security Disability Claimants’ Representatives:

The economic stimulus legislation enacted in February 2009 provides a one-time payment of $250 to nearly all SSD and SSI beneficiaries who were eligible for a benefit payment in any one of these months: November 2008, December 2008, or January 2009. The Social Security Administration made these payments in May 2009.

What happens if the individual is found eligible for benefits after May 2009? For example, an individual receives a favorable decision in September 2009, retroactive to an application filed in January 2008. Based on the language in the legislation, this individual is eligible for the one-time $250 payment, since the legislation allows one-time payments to be made until December 31, 2010.

SSA has issued instructions covering these individuals. According to the SSA, they will perform regular “catch-up” runs throughout 2009 and 2010 to pay newly eligible beneficiaries and will send a “catch-up” notice about the payment to these individuals. With these runs, SSA will capture individuals who are newly eligible. The catch-up runs will occur as follows: (1) Each month, starting in June 2009; and (2) Bi-monthly in 2010 and ending December 31, 2010.
 FEATURED EMPLOYEE

Jalee Howard
Litigation Legal Assistant

E-mail: jhoward@kraftlaw.com
 

Ms. Howard is a native of Amarillo, Texas, and joined our law firm in 2009 as our Litigation Legal Assistant. She attended West Texas A&M University, Amarillo College, and Texas A&M University before obtaining her Law Office Management Certificate in 2006, along with an Associate Degree in Paralegal Studies from Blinn college in Bryan, Texas. Ms. Howard has worked as a paralegal for more than two years, and has prior civil litigation experience at other personal injury law firms.

 FEATURED CASE

Heart Attack and Social Security Disability

A number of our Social Security Disability clients have suffered from heart attacks. Individuals suffering from this disorder frequently experience the following symptoms: shortness of breath, chest pain, and dizziness.

The course of prescribed treatment can include physical therapy, medications, and, in some cases, a stent placement. While not all individuals who have been diagnosed with a heart attack will be found disabled under Social Security rules, it is not uncommon for benefits to be granted based on this cardiac condition. One resource for people with heart attacks and other heart conditions is the American Heart Association. The American Heart Association is a nonprofit that offers information to those suffering from heart attacks, and you can learn more at their Web site.

Recently we were able to win Social Security Disability and Supplemental Security Income for several individuals who suffered from heart attacks. Their restrictions were among the more severe of those who have suffered heart attacks. The degree of frequency and severity of an individual’s symptoms are unique in each case and will determine, whether an individual claim will be granted benefits.

Some diseases are included in Social Security’s Listing of impairments and some are not. In some instances, a disease, while not Listed, is addressed in a Social Security Ruling. The Rulings offer guidance but do not set out specific criteria for an award of benefits. Other diseases are not in the Listings or recognized in a Social Security Ruling. Sometimes a disease is listed, but the criteria are very rigorous. In these cases, an appeal before an judge is likely to be necessary. Regardless of the disease, you and your lawyer should have the following:

• a good working list of your symptoms,
• a knowledge of the degree of certainty of your diagnosis,
• a general understanding of the consistency between your symptoms and diagnosis,
• a good understanding of what evidence might best support your contention that your symptoms are disabling, and
• which legal theory will most likely be accepted by Social Security Administration given the particular facts of the entire case.
 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. Our law firm also represents people who have immigration problems of any kind, whether family-based immigration or employment-based immigration.

Our firm can help you understand your rights under Federal and Texas consumer protection laws and assist you with stopping creditor wrongdoing, obtaining compensation for wrongful acts by creditors, or with correcting your credit report. We can also help you evaluate your options and decide whether a Chapter 7 or Chapter 13 bankruptcy case might be your best option. Most clients can protect all of their property, income, and assets in a bankruptcy case, and obtain the "fresh start" promised by the United States Bankruptcy Code.

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 no charge or obligation for that first phone call.

Kraft & Associates is a federally designated Debt Relief Agency under the United States Bankruptcy Code. We assist people with finding solutions to their debt problems including, where appropriate, assisting them with the filing of petitions for relief under the U.S. Bankruptcy Code.


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