Social Security Disability Defined

How Disability is Defined, the SSA Way
By Carla C. Ballatan

Are you wondering about the term "disability" and how it is really defined? Each of us may have an individual concept of disability and who are those that can be considered disabled and those who cannot be noted as one.

However, if you and all the others think that your idea of the definition of disability is the same as that of the Social Security Administration's then you might have to reassess your thoughts.

The Social Security Administration or SSA is the implementing agency of the Social Security Act. One of its essential tasks is setting official definitions and determination of disability.

In order to present a general context on the definition of disability, throwing significant light on a couple of longstanding myths concerning its meaning is in order.

First, SSA does not have a policy granting that only "totally disabled" persons can be eligible to obtain disability benefits. To set this myth straight, people have to realize that "totally disabled" may be an artful term used by society, but the SSA does not use such term as their definition of disability.

Even if you were to ask, about a hundred doctors to define "totally disabled" you would probably get various differing answers. However, more would define that a person who is totally disabled is a person who has lost the ability to function in any way.

Generally, for you to become eligible to apply for social security disability benefits, the SSA does not require that you not be working in any way. On the other hand, this condition does not mean that you need to be physically or psychologically incapable of functioning.

Secondly, it is not true that you have to be "permanently disabled" in order to become eligible for social security disability benefits.

"Permanently disabled" is another artful term used by society but not used in anyway by SSA to define disability. A doctor, in supporting a patient's disability benefits claim usually states that the patient is permanently disabled.

However, it is a fact that most people applying for benefits under the Social Security disability program are not actually permanently disabled. Even if it were true, it is yet too early to ascertain if a middle-aged person would be able to work again before they reach the age of 65.

To clarify matters, wholly, the SSA does not call for you to become permanently disabled. In all actuality, it has never been an issue at all in SSA whether a person's disability is or can become permanent.
So what is indeed the definition of SSA and its policy regarding disability?

Basically, the SSA and the federal law, as cited in the 42 U.S.C. §§ 423(d)(1)(A) and 1382c(a)(3)(A) 42 U.S.C. §§ 423(d)(1)(A) and 1382c(a)(3)(A) defines disability as the incapacity to work or become involved in any kind of "substantial gainful activity" due to any mental or physical impairment. This impairment must be determined or diagnosed by medical authorities and could be expected to lead to death or might last continuously up to 12 months.

This definition debunks all myths claiming that disability needs to be total and permanent. You can be eligible for disability benefits once your impairment as diagnosed by doctors has prevented you to work for 12 months and more already.

It is time to reassess your case now and reinforce your disability benefits claims.

Our Los Angeles Lawyers are highly experienced in advocating for Social Security Disability Claims in Los Angeles, California.

Article Source: http://EzineArticles.com/?expert=Carla_C._Ballatan
http://EzineArticles.com/?How-Disability-is-Defined,-the-SSA-Way&id=690574

The Lemon Law - Protecting Car Buyers

The Lemon Law - Taking The Law Into Your Own Hands
By Charles Stubbs

The automobile lemon laws were designed to protect car buyers from irreparable manufacturers' defects in automobiles that should be ordinarily be covered under warranty.

So How Did The Lemon Laws Come About?

Consumer demand for lemon law protection started to swell from around 1972, when more than one million people were found to have paid for vehicles that had problems that dealers could not, or would not, repair. Connecticut and California were the first states to adopt an automobile lemon law, and other states were quick to follow. They've had a dramatic effect on vehicle quality and today, with the increased accountability demanded by lemon laws, claims have dropped to about 100,000 new cases a year.

So What Is Covered Under Lemon Law?

Every state now has an automobile lemon law and the specifics of each vary widely. However, as a general guideline, you are considered a candidate for protection under the lemon law if you have a serious problem (or, in certain cases, a string of minor problems) that falls under your car warranty. A problem is usually considered serious when it threatens the use, value, or safety of the vehicle.

Some examples of serious problems that would probably be covered include brake failure, transmission problems, and repeated non-starts. The lemon law in most states will not cover thing like funny noises, loose cup holders, and peeling paint - most times that's just fair wear and tear.

The type or ownership of vehicles is also important when it comes to protection under the lemon law. In some states, leased vehicles are covered as well as wholly owned vehicles. Others exclude automobiles purchased for business purposes or special kinds of vehicles such as RVs and motorcycles. Even used vehicles may be covered if they come with a car warranty.

Inevitably, some shady car dealers try and write a clause in sales contracts that states that no lemon law claims can be made against the vehicle. These provisions are totally invalid and can be ignored - as long as your vehicle has a car warranty and qualifies under the other automobile lemon law provisions, you will be covered no matter what you originally signed.

Before any lemon law comes into effect you must give the manufacturer ample opportunity to repair the problem in question. This is usually defined as a specific number of repair attempts (for example, four attempts to repair the same problem) or a certain amount of time when the vehicle is out of action (for example, four weeks). A life-threatening vehicle defect may require only one attempt at repair before falling under the lemon law.

So What Happens if I Qualify for the Automobile Lemon Law?

If you believe that you qualify for protection you must file a claim with the manufacturer within a certain period of time. Usually, the case will then be brought for arbitration with the manufacturer. If you win your case, you will most often receive a replacement vehicle or a refund of your purchase price minus a fee for vehicle use.

Most laws restrict but the lemon laws, almost uniquely, have empowered thousands of American consumers in putting right some very obvious wrongs. For specific detail on your situation visit Lemon Law Advice Made Easy and get the power.

Article Source: http://EzineArticles.com/?expert=Charles_Stubbs
http://EzineArticles.com/?The-Lemon-Law---Taking-The-Law-Into-Your-Own-Hands&id=694108

Personal Injury Lawsuits, Limitations & Damages

Personal Injury Lawsuits, Statute of Limitations, Type of Damages
By Rocco Beatrice

Personal injury lawsuit's statute of limitations vary from state to state and dependant on who is the defendant. This article delves into the elements involved in filing a personal injury lawsuit and the types thereof.

The purpose of personal injury law is to protect the victims of negligence, inaction, or recklessness of another individual. Personal injury law extends to a wide variety of cases which can include: dog bites, car/boat accidents, construction accidents, medical malpractice, defective products, wrongful death, worker's compensation, nursing home abuse, and slip and fall injuries. Before you file a personal injury claim it is important to consult with a knowledgeable personal injury attorney who will be familiar with state specific regulations for filing and will help you understand your rights under the law.

STATUE OF LIMITATIONS ON PERSONAL INJURY LAWSUITS

If you are contemplating filing a personal injury claim it is important to file in a timely manner. All claims are subject to statutes of limitations which will vary from state to state. The statute of limitations is the timeframe a plaintiff has to file for damages, and often this time period is from one to three years.

The only exception to the statute of limitations is when the plaintiff is filing for damages against the government. In this case, the statute of limitations is often reduced to thirty days up to one year after the injury. Typically, the statute of limitations begins on the day of the injury. If a dog bit you yesterday, then your statute of limitations began yesterday as well.

However, sometimes as is the case with certain medical malpractice and drug injury lawsuits, the cause of injury is not identified for weeks, months, or years afterwards. For example, a form of birth control has recently been linked to an increase in cancer among some women. The statute of limitations for those women affected by this side affect begins when their symptoms are linked to taking this drug, and not when they initially began taking the medication.

FILING A PERSONAL INJURY LAWSUIT

Prior to filing a personal injury claim, a plaintiff must always be able to prove that the person charged (the defendant) is legally responsible for the injury and that the injury suffered is truly the result of wrongdoing on the part of the defendant. In other words you cannot file a claim against a doctor who never treated you, nor can you seek damages for a broken leg you received while mountain biking from a doctor that treated you for gum disease.

There are several elements which may be helpful in establishing whether the person you are charging is actually responsible for your injury:

Negligence - the defendant failed to prevent your injury, and is therefore responsible for causing it. An example might be a horseback riding instructor who asks you to take your horse over a series of jumps without first warning you that the ground is muddy. If your horse slips and falls on you, perhaps resulting in a broken arm or debilitating back pain, your instructor may be deemed negligent and therefore responsible for your injury.

Strict Liability - this type of liability applies regardless of negligence, and is also known as product liability. If you use your electric razor as instructed in the owner's manual and you get electrocuted or suffer cuts/bruises then the manufacturer of the razor may be held liable for your injury.

Intentional Wrong - civil claims for an intentional wrong may be filed in addition to criminal charges. Most often victims of sexual assault or other forms of abuse will file their personal injury claims based on intentional wrong.

TYPES OF DAMAGES FROM PERSONAL INJURY LAWSUITS

When seeking damages for a personal injury, your accident lawyer may pursue compensatory or punitive damages. In some cases a judge may award both types of damages depending on the severity and type of crime committed.

1) COMPENSATORY DAMAGES - ACTUAL OR ESTIMATED

Compensatory damages can be actual or estimated and are meant to reimburse the plaintiff a pre-determined monetary value.

(i) Actual values for compensatory damages can be calculated based on medical bills, lost wages, or money paid to repair damaged property from the accident (a boat or car, for example).

(ii) Estimated damages are calculated based on the pain and suffering endured by the plaintiff as a result of the accident. An indirect victim, such as a spouse, may also seek compensatory damages for lost wages to their spouse's household contributions. Punitive damages are meant to punish the person responsible for the accident.

2) PUNITIVE DAMAGES

Punitive damages do not provide any monetary gain to the plaintiff.

If you feel that you are the victim of a personal injury it is important to consult an accident attorney as soon as possible. An accident attorney in Phoenix will offer much different advice than an accident attorney in Boston with regards to statutes of limitations and determining the at-fault party. Failure to file your claim in time and present proper evidence may cost you the case entirely and prevent you from filing for damages altogether.

author bio - Rocco Beatrice, CPA, MST, MBA

award-winning estate planning, trust expert

MS - Taxation, Master of Science Taxation

MBA - Management / Taxation

BSBA - Management / Accounting

CPA - Certified Public Accountant

-----

Irrevocable Trust Asset Protection, Estate Planning

Hide Assets

Original article posted here: Personal Injury Lawsuits

71 Commercial Street #150, Boston, MA 02109

tel: +1.508.429.0011 fax: +1.508.429.3034

Article Source: http://EzineArticles.com/?expert=Rocco_Beatrice
http://EzineArticles.com/?Personal-Injury-Lawsuits,-Statute-of-Limitations,-Type-of-Damages&id=688728

Injury Case Roadmap: The Legal Process For Personal Injury Cases

Often times trying to negotiate a reasonable settlement with the insurance company is a waste of time. More and more insurance companies are taking a very aggressive stance in settling accident claims. Certain carriers have a reputation for making unreasonably low settlement offers, even if the injuries are severe. Often times the insurance companies use pre-lawsuit negotiations to find out as much as possible about you, your lawyer and your doctors. This can result in the unfair advantage to the insurance company not to mention a complete waste of time and effort for you. For these reasons, it may be advantageous to file a lawsuit immediately and then continue negotiating the claim if possible. Once a lawsuit is filed, the court will set certain deadlines including a trial date. These deadlines, and in particular a trial date, can help motivate the insurance company to make reasonable and diligent attempts to settle the case.



To start a lawsuit, papers must be filed in court and a filing fee paid. These papers are called a "summons" and "complaint." When a person files a lawsuit he or she is called the "plaintiff." The person or corporation that is being sued is called the "defendant." The plaintiff must personally serve a copy of the summons and complaint on the defendant. You only have a certain amount of time to settle your case or file a lawsuit and then personally serve the defendant. In Washington, this time is usually three years from the date of the accident.4 This deadline is called the "statute of limitations." It is a dangerous practice to wait to settle your claim right before the statute of limitations period expires. If you have to file suit right before the deadline and you cannot find the defendant or if you serve the wrong defendant, your case could be dismissed and you get nothing. For this reason, you should not wait to hire an attorney right before the statute of limitations is about to expire. Many attorneys, including myself, refuse to accept a case where there may be insufficient time to investigate the case, file suit and locate and personally serve the defendant.



After the lawsuit is filed and the defendant is served, both sides participate in a process of asking for and exchanging information about the case. This process is called "discovery." Each side is allowed to investigate what evidence and witnesses may be used at trial. The discovery process may entail sending or answering written questions (called interrogatories) and requests for documents and other tangible materials that are relevant to the case. The defendant's attorney will also be allowed to access your medical records and work history, including your financial records.



The discovery process may also include depositions. A deposition is a face-to-face meeting where the attorneys are allowed to ask a witness questions under oath while a court reporter transcribes the session. Any witness that may offer testimony at trial can be deposed, including you, your doctors, and your friends and family. If your deposition is requested, it is very important that you prepare for this with your attorney. Your conduct at the deposition can influence the value assigned to the case and also affect the likelihood of whether the case will settle before trial.



When a lawsuit involves a claim for personal injuries, the other side may be permitted to have their own doctor examine you. Therefore, the discovery phase may also include a request by the other side that you submit to a medical examination and/or psychological evaluation.



There are specific criteria to be satisfied before an involuntary medical examination of the plaintiff is allowed. In my office, we have a fairly specific stipulation that must be signed by the other side which imposes several conditions and restrictions on how the examination may proceed.



Depending on which county your lawsuit is filed in and the complexity of the case, the discovery phase can take many months or sometimes years. When discovery is completed, and each side knows what evidence will be offered at trial, this is the time when the parties may conduct settlement discussions. Sometimes the parties will engage in alternative ways to resolve the case, like mediation. In mediation, the parties agree to hire a retired judge or an experienced attorney who will assist the parties in reaching a settlement. Mediation is voluntary and nonbinding (unless a settlement is reached). A mediation session is also confidential so anything that is said during the session cannot be used at trial. Many times mediation can be used to successfully resolve a case. Mediation sessions can occur in one day or last several days depending on the size and/or complexity of the case.



If you fail to settle the case after discovery has ended, the case will then proceed to trial. Each side has the option of trying the case before a judge or jury. If a jury is requested by one side, a jury demand must be filed in court and a fee must be paid. The court rules usually require that certain documents must be filed and exchanged within 30 to 60 days before the trial date. These documents may include witness and exhibit lists, motions, trial memorandums, and jury instructions.

---

Mr. Davis is the founder and CEO of the Davis Law Group. He brings over 15 years of practical yet innovative experience to personal injury cases. He practices law in Seattle, WA. http://www.InjuryTrialLawyer.com . Mr. Davis is the author of "The Ten Biggest Mistakes That Can Wreck Your Washington Accident Case" comlimentary copies are availalbe at http://www.washingtonaccidentbook.com