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February
2010
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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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The Dallas Morning News had a good article recently about judges struggling to keep jurors from doing their own Internet research during trials. Here are the opening paragraphs:
In Florida, a mistrial was declared recently after a federal judge learned eight jurors had researched the drug case on the Internet.
In England, a juror was dismissed from a sexual assault case after asking how she should vote on her Facebook page.
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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Suite 1300
2777 Stemmons Freeway
Dallas, TX 75207
(214) 999-9999
(817) 999-9999
(800) 989-9999
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FOR THE RECORD |
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Frequently Asked Questions About Social Security Disability Hearings Before Judges
Here are a few frequently asked questions and general answers we give to our clients preparing for their Social Security disability hearings before Administrative Law Judges at the Social Security Administration.
These hearings are routine to us, as we have done thousands of them. But they can be quite intimidating to our clients, who usually have not had to appear before a judge and submit themselves to questioning under oath.
These examples only scratch the surface, but should give you a good idea of the types of questions you might ask your lawyer. These are general answers that apply to most cases, and are not intended to be a guide in any particular case. 1. What time should I show up at my hearing?
The hearing notice from the judge probably will ask you to arrive 30 minutes before the hearing is set to start. If you are able to show up a little earlier than that, it may be helpful if you need to make extra copies of items that need to be added to your disability file.
2. What should I bring to the hearing?
In addition to any witnesses who are to testify on your behalf, we advise our clients to bring their prescription medication bottles in a clear plastic bag.
3. Do I have to talk to the judge or will my lawyer communicate with the judge?
Different judges handle hearings differently. One judge may want to hear almost entirely from the claimant. In those cases, the judge is relying on the lawyer to point out particular legal theories that support a favorable decision, and to bring to the judge’s attention any important evidence in the record. Some judges will divide the questioning up between the judge and the attorney or let the attorney present all the questions to the claimant.
Always remember to answer the question asked and ask for clarification of questions you do not understand. Your witness, if you have one, should not jump in and answer questions that are being asked of you. It is also acceptable to answer that you do not know or do not recall, when that is true. Lawyers also can cross-examine any experts the judge has invited to your hearing.
4. How long does the hearing last?
Typical hearings can run in the range between 30 minutes to one hour. The average is around 45 minutes. If there are medical or vocational experts invited to testify, this makes the hearing last longer because there will be more people who need to testify.
5. When do I find out if I won?
You will probably not know if you won your case on the day of your hearing. The official decision is the written decision signed by the judge. This will come by mail, usually 60 to 90 days after the date of hearing.
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| FOR
YOUR INFORMATION |
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Bankruptcies
Jumped 32
Percent in 2009
As Dallas bankruptcy lawyers, we were not surprised by any of the facts reported recently by the Associated Press, but the story is interesting. Consumers and businesses filed so many bankruptcy petitions in 2009 that it became the seventh-worst year on record, with more than 1.4 million petitions filed. This is an increase of 32% from 2008. Texas ranked No. 32 among the states, with a 25 percent increase in filings. Here are excerpts from the article:
While experts believe some of the increase is due to a natural recovery as consumers and attorneys become accustomed to a recent overhaul of bankruptcy laws, the numbers indicate clear correlations to recession-weary regions. Arizona saw the fastest increase, a jump of 77 percent from the year before, followed by Wyoming (60 percent), Nevada (59 percent) and California (58 percent).
For three years, filings have been steadily rising back toward levels reached early in the decade before Congress overhauled the nation’s bankruptcy laws. The 2005 alterations made bankruptcy filings more cumbersome, a move that followed fears from lenders that some consumers were abusing the system to wipe away debts.
John Pottow, a bankruptcy professor at the University of Michigan, said the return to the highs of earlier this decade illustrates the failures of the 2005 overhaul bill. He said the measure largely made filings more costly and time-consuming by forcing consumers to undergo a paperwork-heavy test to determine eligibility for Chapter 7 bankruptcy and adding liability for attorneys who provide help.
“It never made sense in the first place that you could change the laws and make all these bankruptcies go away,” said Pottow, who would like to see the 2005 law changes repealed. “If people are encountering financial distress, you can only scare them away for so long before they come back again.”
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| FEATURED
EMPLOYEE |
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Cheryl McLaughlin
Office
Administrator
E-mail:
cherylm@kraftlaw.com
Ms. McLaughlin is a native Texan, and a graduate
of Irving's Nimitz High School. She joined
our firm in 1987 after five years of
employment with Texas Employers Insurance
Association, including a job position as
lead clerk in their workers' compensation
department.
Ms. McLaughlin serves as our firm's Office
Administrator, and is responsible for many
office operations, including secretarial and
staff recruitment and training, marketing,
personnel management, and other law firm
administrative functions. She manages our firm's
computer network and also serves
as our law firm's bookkeeper.
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| FEATURED
CASE |
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Injuries at an Apartment Complex
Late last year we settled a case for a mother whose six-year-old son was hurt while playing outside with his friends. The child and his friends were playing in front of his mother's apartment when one of the children decided to play with a metal cage that had been left there by the apartment complex. This metal cage had once covered a soda machine but had been left empty and in an open area for the previous five months. One of the children pushed the metal cage, causing it to fall on top of our client's son, fracturing his pelvis. The child was forced to use a walker for the next several weeks.
The mother contacted us and we immediately started work by speaking with witnesses and gathering other evidence. The apartment complex denied they were at fault and refused to negotiate a settlement, so we sued them. After a few months in litigation, a favorable settlement was reached and we were able to pay all of the child's medical bills as well as set up a fund that will pay the child monthly for the next 13 years.
If you are injured at your apartment complex or someone else's apartment complex, we want to help you. Remember: Always keep a copy of your lease contract. If you or a loved one are injured, be sure to get the names of all witnesses. Notify the apartment complex manager of the injury. Take pictures if possible and seek medical treatment immediately. If you have a question about this type of case or any other personal injury matter, please call us. We will be more than happy to speak with you.
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| HOW
CAN WE HELP YOU? |
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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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Copyright © 1997- 2010 Kraft & Associates : Injury &
Disability Lawyers, P.C. All Rights Reserved Worldwide. Personal Injury,
Automobile Accident, Car Wreck, Wrongful Death, Social Security Disability,
Immigration, Bankruptcy, Consumer Law.
DISCLAIMER:
This newsletter is presented by Kraft & Associates for
informational purposes only, and not as legal advice.
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