DUI Accidents: A Thoughtless And Pointless Waste

By Vanessa Francisco

Approximately 30 percent of all Americans are expected to be involved in a drunk driving accident in their lifetime. More than 10 percent of Americans aged 12 and older drove under the influence of alcohol at least once in 2001 and that nationwide. A rough average of 59 people is killed every hour in a drunk driving auto accident. (Proner, 2007)



Drunk Driving is one of the leading causes of fatal automobile accidents in the United States. According to the National Highway Traffic Safety Administration (NHTSA), nearly 40% of total traffic fatalities are alcohol-related incidents.



Life is precious and those who are not killed by the negligence of drunk drivers, though fortunate, may be left with life-altering injuries that could prevent them from their previous way of life. These auto accident injuries may be severe enough to prevent a person from returning to work or engaging in recreational activities he was once used to. Sprains, ruptured disks, fractures, paralysis and brain damage are some of the debilitating injuries that haunt victims even for years after the accident.



Drunk driving is a criminal offense, punishable by fines, jail time, and revocation of license. Drunk drivers are charged with driving under the influence or driving while intoxicated, which includes the use of alcohol and drugs that impair the ability to operate a motor vehicle properly. This includes common illegal drugs, such as cocaine and marijuana, as well as over-the-counter drugs and prescription medications that warn against use while driving.



Victims of car accidents where the negligent driver is charged with “Driving under the Influence” (DUI) could be entitled to punitive damages in addition to compensatory damages. Negligent drunk drivers, on the other hand, may serve time in prison or have their licenses revoked and pay huge amount of fines, but pain and trauma suffered by the victims due to the drunk driver’s negligent actions remain, unchanged, without direct remedy available. No amount of penalty or compensation can make up for personal damage, but that is the closest a victim can resort to.



A drunk driver is held liable for paying compensatory damages, actual and general ones, which include medical expenses and loss of future wages; pain and suffering damages for the emotional distress the accident has brought upon the victim and his or her family; and punitive damages to serve as punishment for his or her negligent actions. In some cases, the establishment that provided alcohol to the drunk driver may also be held liable.



It is important for a victim to seek California legal service, talk to an experienced attorney, and file an auto accident or injury case as soon as possible after a drunk driving accident. In many states, the statute of limitations for filing these cases is two years from the time of the accident, but varies in others. By the time the statute of limitations expires, in most cases, the victim will not be able to pursue a case and obtain compensation for incurred injuries.



About the Author: Mesriani Law Group http://www.mesrianilaw.com/ offers professional California Legal Service for clients with cases involving personal injury, employment law, business law and social security disability issues.



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How are attorneys paid in Social Security Disabilty Cases (SSDI)?
by MinnesotaLawyers.com

Attorneys who represent Social Security disability claimants generally do so under a “contingency fee agreement.” That is, the client does not pay the attorney unless and until the case is resolved and Social Security benefits have been awarded. A representative who wants to charge or collect a fee from a claimant for services provided in any proceeding before the Social Security Administration (SSA) under the Social Security Act (the Act), must first obtain SSA’s authorization. To do so, a representative must use one of two mutually exclusive fee authorization processes: the fee agreement process or the fee petition process. Under the fee agreement process, an attorney can collect no more than 25% of of back benefits recovered, or $5,300, whichever is less. If the attorney is unsuccessful in obtaining benefits, there is no charge.

* Fee Agreement Process Before SSA decides the claim, the representative or the claimant may file a fee agreement. Generally, SSA will approve an agreement (under § 206(a)(2)(A) of the Act) if the other statutory conditions are met and no exceptions apply. If SSA approves the fee agreement and no one requests administrative review, the fee specified in the agreement is the maximum fee the representative may charge and collect.

* Fee Petition Process After the representative’s services in the case have ended, he or she may petition for a fee. SSA reviews the fee petition and authorizes a “reasonable” fee (under §206(a)(1) of the Act) for the specific services provided.

A fee agreement is a written statement signed by the claimant and his or her appointed representative specifying the fee the representative expects to charge and collect, and the claimant expects to pay, for services the representative provides in pursuing the claimant’s benefit rights in proceedings before the Social Security Administration (SSA). For SSA to approve a fee agreement, the representative must submit it before the date of the first favorable determination or decision SSA makes on a claim after the representative’s appointment. If the representative does not submit a fee agreement by that date, SSA assumes the representative either will file a fee petition or waive a fee.

If the representative submits a fee agreement before the date SSA makes a favorable decision, SSA will approve the fee agreement at the time of the favorable decision if the statutory conditions for approval are met and no exceptions to the fee agreement process apply. Once SSA approves the fee agreement, the fee specified in the agreement is the maximum fee the representative may charge and collect for all services in the claim.

A fee petition is a written statement signed by a claimant’s representative requesting the fee the representative wants to charge and collect for services he or she provided in pursuing the claimant’s benefit rights in proceedings before the Social Security Administration (SSA).

SSA presumes that the representative will either file a fee petition or waive his or her fee if the representative does not file a fee agreement before the date SSA makes the first favorable determination or decision. A representative who elects to use the fee petition process generally files the petition after his or her services in the case have ended. Based on this petition, SSA will authorize a reasonable fee for the specific services provided.

The fee agreement and fee petition process are not interchangeable. However, if a representative elects the fee agreement process but SSA does not approve the agreement, or if an SSA reviewing official upholds a disapproval of a fee agreement on administrative review, the representative must file a fee petition if he or she wants to charge and collect a fee for their services.
The Social Security Act and SSA regulations prohibit representatives from charging or collecting any fee for representational services that SSA has not authorized, or that is more than the maximum amount SSA authorized. Any representative found to have charged or collected an unauthorized fee may be suspended or disqualified from practice before SSA and will be barred from appearing before SSA until full restitution is made. The representative also is subject to fines and imprisonment.

Minnesota lawyers are recognized as Midwest leaders in Social Security Disability (SSDI) law. For a FREE consultation or to Ask-A-Lawyer your question visit http://www.minnesotasocialsecurity.net

Article Source: http://www.thearticlehub.com

The Social Security Disabily (SSDI) Process
by MinnesotaLawyers.com

Making an Application: The first step in applying for Social Security disability benefits is to complete an interview with the Social Security Administration (”SSA”). You can schedule an interview with SSA by calling them at 1-800-772-1213. You will have the option of completing your interview in person at your local Social Security office or requesting that a telephone interview be conducted by SSA. The process is generally faster and more convenient if you request that a telephone interview be scheduled. If requesting a telephone interview, SSA will schedule a time and date for one of their representatives to contact you at home, via the telephone. Upon completing the interview, SSA will send you a number of forms for your review and signature.

Initial Decision: Once you have completed the initial application, it may take SSA up to 120 days to process your claim and make its initial decision. Please note most claims, approximately 75 percent, are denied at the initial level. If your claim is denied our office will complete the appeal form (Request for Reconsideration). As there is only a 60 day time period in which to appeal an unfavorable initial decision, it is important that you contact an attorney right away once you receive an unfavorable initial decision.
Request for Reconsideration: If your claim has been denied, you have 60 days from the date of the initial decision to file an appeal. The first appeal is called a “Request for Reconsideration” and involves submitting an appeal form and ensuring SSA is apprised of any updated medical information. Once SSA has obtained any updated medical information, your claim will be reviewed and a new decision will be made. It typically takes SSA four-to-six months to make a decision at the Reconsideration level, and approximately 95 percent of all cases are denied at this step. If your claim is denied at the Reconsideration level, the next step is to request a hearing before an Administrative Law Judge. You have only 60 days from the date of the Reconsideration decision to file an appeal; therefore, it is important if you do not already have a representative that you contact an attorney right away once you receive an unfavorable Reconsideration decision.

Request for Hearing: If your initial claim and Reconsideration appeal were denied, the next step is to request a hearing before an Administrative Law Judge. Most claims for Social Security disability benefits — over 70 percent — are approved at the hearing level. The hearing process is very informal. The judge and your attorney will ask you questions about your daily activities and how your disability limits you. These questions will be very simple and similar to the questions our office has already asked you about your disability. A medical expert and vocational expert hired by Social Security may also be called to testify at your hearing. These experts are not there to testify for or against you, but to give their opinion about your disability and how it would impact your ability to work.

The hearing will be very short. Typically, a hearing lasts 30-60 minutes. Most of the talking will be between the judge, the attorney, and the experts. You may be answering some questions for 10-20 minutes during the hearing. The hearing will likely be far less frightening than you will imagine it to be. Any questions the judge asks you will be about you and what you can and cannot do because of your disability; there are no right or wrong answers. As I often tell my clients, there is no better witness about how your disability limits what you can do than you.

Minnesota lawyers are recognized as Midwest leaders in Social Security Disability (SSDI) law. For a FREE consultation or to Ask-A-Lawyer your question visit http://www.minnesotasocialsecurity.net

Article Source: http://www.thearticlehub.com

IRS Debt Attorney
by William McConnaughy

An IRS debt attorney is a dedicated professional who has extensive knowledge and experience in the area of negotiating tax settlements. Businesses have special issues related to taxes that individuals don't face. For example, businesses are the front line wealth collectors which conveys a heavy responsibility within a bureaucratic system.

Padlocked Doors

One of the saddest sights you can see in this country is a business that's been virtually ransacked by the IRS and the door padlocked. When a business collects employee taxes and then fails to remit those taxes to the IRS, the collection process kicks into gear swiftly. One reason for this is the fact that the income portion of the withholding actually came from wage earner checks and not from business profits.

One of the most common tax problems businesses face is failure to pay taxes due to the IRS on a quarterly basis. In addition, businesses are required to file a number of reporting forms. Every deposit not made and every form not filed can result in penalties and interest being charged.

Failure to remit taxes is a serious problem, and it's also like an avalanche. Once a business falls behind, it's hard to catch up. There are different types of taxation such as income, social security, unemployment and business taxes which need to be paid regularly. The forms are complicated to make matters worse.

Businesses make mistakes on the forms which create another tax problem.

An IRS debt attorney is a valuable resource for dealing with problems related to businesses. A typical small business has over 200 IRS compliance requirements which can trip up a business at any time. When mistakes are made or taxes are not remitted in a timely manner, retribution by the IRS can be swift and expensive.

Finding the Padlock Key

One of the main bargaining points a business has during negotiations with the IRS is the fact that by staying open there's hope of paying back the owed dues plus accruing additional future taxes. An IRS debt attorney can present a plan for payback that enables the business to continue operating. In this way employees don't lose their job and the IRS gets their money.

Such negotiations can be quite sensitive though. The business has already lost credibility in the eyes of the IRS for failure to remit taxes held in trust. The best hope for restoring that trust is through the intervention of an intermediary such as an IRS debt attorney.

An IRS debt attorney can work out a settlement or payback plan or get penalties abated by showing there was reasonable cause for failure to pay. The attorney is familiar with all the options for tax negotiation and can get the best compromise offer possible. If you have a business with taxation problems, it's important to get assistance immediately so resolution can be found as early as possible.

William McConnaughy, CPA is a tax negotiation professional. He has experience working with people seeking tax relief and credit repair. For more information visit his tax relief website.
Article Source: http://www.thearticlehub.com