Does Having an Attorney Determine Whether You Win or Lose Your Social Security Disability Case?

Did you know you can increase your odds of winning your Social Security (SSA) Disability case by more than 50% if you are represented by an attorney? Simply put, that’s a dramatic difference and one that every Social Security disability applicant should heed.

Congressional and SSA’s own statistics confirm this statement is true. The statistic came to light in November 2001, during Congressional testimony provided by Congressman Robert T. Matsui of California. During the hearing Congressman Matsui provided the following testimony:

“Professional representation is a valuable-and indeed vital-service. The disability determination process is complex. Claimants without professional representation appear to be far less likely to receive the benefits to which they are entitled. For example, in 2000, 64% of claimants represented by an attorney, but only 40% of those without one, were awarded benefits at the hearing level.”[1]

At the same hearing, Congressman E. Clay Shaw, Jr. of Florida provided the following testimony:

“As many of you know, filing for Social Security benefits-especially disability benefits-is so complicated that many claimants must hire attorneys to guide them through the process.” [2]

Please understand I am not suggesting that you must have an attorney in order to win your disability case. People can and do win their cases on their own. In fact, SSA does not require you to have an attorney, you can represent yourself; but why on earth would you? Congressional and SSA’s own statistics show dramatic differences in the outcomes of cases depending on whether an attorney is involved.

I have debated for years on whether to write an article on why one should hire a disability attorney. I did not want the article to be viewed as self-serving for either myself or my profession. I am aware of the unfortunate stature attorneys hold in our society, some of which is deserved. I always enjoy the look in a person’s eyes when they learn I am an attorney; it is clear they are searching their mind to share the latest attorney joke…and most are very funny!

However, the testimony of Congressmen Matsui and Shaw confirms what SSA and many disability attorneys have known for years. With such a compelling statistic, it is my hope this article is viewed as educational, rather than self-serving.

So you know the difference a disability attorney can make in your case…what can do you do about it? For those of you who are now considering hiring an attorney, let me provide you with some basic information to assist you in your decision.

1. You only pay an Attorney’s fee if you win your Case!

The number one question on people’s minds is, “How can I afford an attorney when I am not working?” The answer is simple…you only pay the attorney a fee if you win your case. You do not pay an attorney upfront. Generally, every disability attorney will represent you on a contingency fee basis. Simply put, this means you do not pay an attorney’s fee unless you win your case. Thus, everyone seeking disability benefits can afford an attorney. The question you should be asking yourself is “can I afford not to be represented by an attorney?”

2. General information regarding the attorney’s fees

The SSA and federal law set the attorney’s fees in disability cases. The standard fee agreement most attorneys use states the attorney’s fee is contingent upon winning your case. The fee is 25% of all past due benefits for you and your family, up to a maximum of $5,300, or whichever is less. Some attorneys may use a fee agreement which provides for a maximum fee of $7,000.

It is worth noting that on February 1, 2002, SSA increased the maximum standard fee amount to $5,300 from $4,000. This is the first time the fee has been increased since 1990 and simply represented a cost of living adjustment.

Thus, the attorney’s fees are usually only a fraction of the benefits you receive; depending on the amount of your past due benefits, it can be a very small fraction.

3. What is my case worth if I win?

The answer to this question depends on a number of factors including…how long you have been disabled, when or if you will ever return to work, the amount of your monthly benefit and whether you have eligible dependents.

For example, if you are 45 years old, your monthly benefit amount is $1,000, and you do not return to work before age 65; your case can easily be worth $250,000! This amount does not include the value of the Medicare or Medicaid insurance you will be eligible for after being found disabled. As many of you know, the price of medical insurance in middle age, with pre-existing medical conditions, can be staggering and not affordable. This of course assumes that an insurance company is willing to insure you.

4. Why you increase your odds of winning your case if you hire a Disability Attorney

There are many reasons hiring an attorney can significantly increase the odds of winning your case. One significant reason is that disability attorneys understand the complicated laws and regulations that determine success or failure. Two questions I always ask potential clients are, “Do you know what you need to prove in order to win your case?” and “If you do not know, how are you going to go about proving it?

You should hire an attorney who specializes in Social Security disability law. Furthermore, I believe it is important to hire an attorney who has expertise in representing people with your type of diagnosis. It is important that your attorney believes in your case and that they can win it. I suggest you ask the attorney how much experience they have with your type of diagnosis and how often do they win? Any disability attorney should be willing to provide you with this information.

5. What an Attorney should do to increase the odds of winning your case

From the beginning, the attorney should set forth a strategy that you both of you should follow to win your case. It is critical to understand what is necessary to prove your case and how you will go about winning it. The sooner you know this, the sooner you can take steps to execute the strategy and thereby increase your odds of winning. Thus, you should consult with and hire an attorney either when you file your claim or as soon thereafter as possible.

Based on my experience in representing clients nationwide (remember Social Security is federal law and not state specific); literally none of them had a strategy or plan on how to win their case before they hired me. This is important because most of them were simply “doing whatever SSA told them to do” while their claim was being processed. This included seeing SSA’s doctors for an examination that often results in a denial of their claim.

It is important to understand that SSA is only obligated to investigate your case and is not charged with approving it. I am not suggesting that SSA denies every claim; I’m simply stating that my experience after having successfully represented many clients whose claims were previously denied by SSA because evidence was not obtained, not reviewed or SSA focused on what it wanted to in order to support a denial.

In conclusion, if you are contemplating filing a claim for SSA Disability benefits, I encourage you to consult with an attorney as soon as possible to help you understand the process. The consultation should not cost you anything except your time. By understanding the process and having a strategy, you will significantly increase your odds of winning your case.

Congressional and Social Security’s statistics do not lie - it is penny wise and pound foolish not to hire a disability attorney.

[1] November 16, 2001 CONGRESSIONAL RECORD, Testimony of Honorable Robert T. Matsui of California, regarding the Attorney Fee Payment System Improvement Act 2001.

[2] November 16, 2001 CONGRESSIONAL RECORD, Testimony of Honorable E. Clay Shaw of Florida, regarding the Attorney Fee Payment System Improvement Act 2001.

Scott E. Davis is a social security and long-term disability insurance attorney in Phoenix, Arizona. Mr. Davis represents clients throughout the United States. Although Mr. Davis has experience representing clients with a broad spectrum of physical and/or psychological disorders, the majority of his social security disability practice is devoted to representing individuals with chronic pain and chronic fatigue disorders. In almost every case, a fee is charged only if his client obtains benefits. Mr. Davis invites your questions and inquiries regarding representation via telephone (602) 482-4300, or email: info@scottdavispc.com.

NBA 2004-2005 Season Preview

Here are your big stories for the upcoming new season:

• Kobe Bryant found guilty of rape. Lakers are forced to “bend over” for Kobe’s manhood and finish with their worst record in 10 years

• Mark Cuban shocks the world as he gives away the Dallas Mavericks on his show, The Benefactor! Although the show was cancelled before this episode was aired, the transfer of ownership is legal and binding.

• Vince Carter traded to Knicks! Unfortunately, trade had to be annulled after Vince fails medical. After years of speculation, doctors confirm that Carter indeed has no heart.

Ok, so those may not actually pan out, but here are some that we think will:

• SHAQ catches latino Heat in Miami as the city gets playoff fever

• James may be King, but it’s Carmelo that finds playoff gold for the 2nd year in a row

• Vince Carter traded Knicks! Team then goes on to loss 15 straight and fall out of playoff contention as Vince’s heart is called into question.

The focus of this year will not be on the top two draft picks, but on (arguably) the top 2 players in the league. Expect Kobe and Shaq to dominate national headlines as each will set out to prove that they were not the cause of the Lakers collapse in the Final’s against the Nets. It is a matter of public record that during stretches of the last 2 seasons, that when either Kobe or Shaq would go down with an “injury”, the Lakers won more with Kobe OUT of the line-up, then when Shaq was out of the lineup. Much more, as this chart from http://www.82games.com will illustrate

Plus/Minus splits for Shaq-Kobe

Player	Situation	Off48	Def48	Net48	W	L	

Shaq	with Kobe	104.0 	93.5 	+10.5 	45 	10 	 

Shaq	w/out Kobe	95.0 	91.2 	+3.8 	34 	29 	

Kobe	with Shaq	104.0 	93.5 	+10.5 	45 	10 	 

Kobe	w/out Shaq	94.7 	99.3 	-4.6 	22 	36 	

Looking forward though, none of that matters as both players go into this season surround by a new starting 4.

Shaquille and Miami aside, the next biggest story will be how 5 of the 8 playoff teams from the East may be below .500. We expect quality basketball to be hard to come by in the East. Your two other top teams will be Detroit and Indiana. We expect Isiah Thomas to make things interesting in New York, Lebron James to make highlight reels in Cleveland, and Toronto to be Charlotte’s 2nd rival (after New Orleans) as they will be battling to stay out of the cellar.

The Sun may set in the West, but we feel that this team is on the rise, and ready to take the next step forward. The Kings, Timberwolves, Lakers and Spurs will be hard pressed to keep them out of the top 4 this year. With the possible exception of Seattle, every team should be fun to watch this year.

Here are our predictions for the final standing this season

Eastern Conference

Atlantic

Boston Celtics

New York Knicks

Philadelphia 76ers

New Jersey Nets

Toronto Raptors

Central

Detroit Pistons

Indiana Pacers

Milwaukee Bucks

Cleveland Caveliers

Chicago Bulls

Southeast

Miami Heat

Orlando Magic

Washington Wizards

Atlanta Hawks

Charlotte Bobcats

Western Conference

Southwest

San Antonio Spurs

Houston Rockets

Memphis Grizzlies

Dallas Mavericks

New Orleans Hornets

Northwest

Denver Nuggets

Minnesota Timberwolves

Utah Jazz

Portland Trailblazers

Seattle Supersonics

Pacific

Phoenix Suns

Sacromento Kings

Los Angelos Lakers

Golden State Warriors

Las Angelos Clippers

Gary Whittaker is the editor of T.E.N Magazine. You can visit the site at http://www.tenwebzine.com. You will be able to find more great articles on sports, politics or other subjects, so check it out!

editor@tenwebzine.com

Seven Sets of Documents You Need For Your Divorce

This article is designed to give someone who is considering or planning for the possibility of divorce an idea of what documents are needed. Even if you believe your case is ultimately agreed to and settled without a trial, you will be in a much better position if you already have the relevant documents in your possession. Better safe than sorry.

You should locate the relevant documents, make copies, and keep them somewhere secure, like your office or with a friend. You will then have access when it is needed.

Here are the most important seven categories of documents you should focus on.

1. Income Documents

Your spouse’s income is relevant to a number of issues in a divorce case. At a minimum, get your spouse’s last paycheck statement and your most recent tax return. Ideally, you would have access to all tax returns filed during the marriage, along with all supporting documents and schedules.

2. Bank Records

The monthly bank statements are very important and can lead you to other documents (cancelled checks, deposit slips, registers, etc.) that you also may need to obtain. Get at least the most recent statement for each account that is either held in your name, your spouse’s name, or jointly. If possible, get copies of all statements going back to the date of marriage. In most cases this volume of records is not required, but in some cases these records can be very helpful and even necessary to analyze the case.

3. Retirement and Other Investment Records

Often the biggest asset a couple will own will be a 401k or pension account. So you will definitely want the most recent account statement and ideally all statements dating back to the time of marriage. Also, the last statement prior to marriage can be very significant (especially in community property states) to show the pre-marriage balance.

4. Credit Card statements

Again the most recent statements are a necessity, but a lot of important evidence can be garnered from the historical statements. In some cases, the credit card statements will show questionable transactions that can be of real evidentiary value. For example, they might show evidence of gifts or dinners purchased for paramours, questionable hotel rentals, or other dubious purchases.

5. Real estate documents

The most important real estate documents are the Deed of Trust and Warranty Deed for any property you currently own. If you have the entire file from (the giant stack of paper you got after the closing) for each real estate purchase or refinance transaction during the marriage it can be helpful. Additionally, documents evidencing real estate owned by either spouse prior to marriage can be significant, especially in community property states.

6. Mortgage statements & any Other Debts

You should get the most recent statements showing the current payoff balance for any other debts. For those debts that have only a coupon book with no regularly generated statements showing the current balance, you will probably need to contact the creditor by phone for the current payoff information.

7. Relevant emails or other correspondence

Correspondence or emails can be extremely helpful (or damaging, depending on your viewpoint) pieces of evidence in the case. Whether the communication is between spouses or between a spouse and some third-party, the communication is potentially relevant. Two common examples would be where your spouse makes a damaging admission about some issue in the case, or communications with paramours.

Conclusion

Determining which documents you need to obtain for your divorce case can be a very time-consuming and daunting task. Use this list as a starting point and discuss your situation with a quality divorce attorney. This person should be able to advise you specifically on the documents you need to obtain in order to protect your interests.

About the Author

Scott Morgan has been a practicing divorce attorney since 1994. To learn about California divorce visit www.california-divorce-info.com for a litany of divorce resources, a free newsletter, and a local attorney directory.

Slip & Fall On Snow Or Ice - Can You Get Money For Your Injuries?

SNOW & ICE INJURIES

Winter time inevitably causes people to slip on snow and ice. They don’t wear the right shoes or boots, the driveway wasn’t plowed and the street wasn’t sanded. If you fall and injure yourself while slipping on snow or ice, can you be compensated (get money) for your injuries?

The short answer is maybe. In any snow and ice case we look to see what the condition was like at the time you fell. If it was the middle of a blizzard and nobody had time to clear the parking lot in the middle of the night, it’s not looking good to be able to prove that the owner of the property should have taken steps to clear the lot of snow and ice. The key to proving liability in a snow and ice case is whether the owner of the property knew of a dangerous condition and failed to timely act to correct it. This is called ‘notice’. If the owner didn’t know about a dangerous condition, how can he be held responsible for your injuries? He won’t be. But, what if the icy condition existed for a few days or weeks? Everybody who lived nearby always saw the ice and nobody ever salted or sanded the ice. In that situation we would argue that the owner of the property knew, or should have known, that there was a dangerous and icy condition on his property.

What if someone actually tells the owner of the property about an icy area of his lot and he doesn’t do anything to fix the problem? Well, as long as nobody gets hurt, he’s avoided a lawsuit. However, if someone does get injured at that location, after someone has specifically notified him of a dangerous condition, and he fails to correct the danger, then in all probability he will be held responsible for failing to prevent injuries at that location.

Sometimes, the owner hires a snow removal company (a snow plow) to plow the driveway, street, sidewalk or parking lot. In some cases, these snow plow companies don’t do a good job and leave piles of snow in areas where they will melt, re-freeze, and then create sheets of ice throughout the property. If the snow plow or property owner knew that putting all that snow at the top of the hill wasn’t a good location, there are some cases where the owner or snow plow operator will be held responsible for your injuries.

If you fall and are injured during the winter months it is very important that you do three things:

(1) Look around to see what you slipped on. Take a mental note about the conditions where you fell and the surrounding conditions.

(2) When possible, get photographs of the condition as soon as possible after you fell. This will preserve evidence of what the area looked like when you fell. Make sure you take at least an entire roll of film, from all different angles. Don’t just take a picture of the ice. Look for a street sign, a building, and an address that can also get in the picture. This way you can positively identify the location where you fell, at a later date. If you use a digital camera do not ever make any changes or alterations to your photos when you provide them to your attorney.

(3) If you don’t go to the hospital or a doctor immediately, you should report your accident to the owner of the property to put them on notice of your accident.

Injuries from slipping on ice or snow can be very serious and can include broken bones and the need for surgery. Take time to think whether this could have been prevented. Or was your fall simple carelessness that could have been prevented if you were paying attention to where you were walking? The answer is sometimes difficult to answer. That’s why an experienced injury attorney can help guide you and advise you about your legal rights. The longer you wait to speak to an attorney, the greater chance you have of forgetting important information that could help you in a potential case.

The best advice is to be careful while outside and to make sure you’re wearing the right winter gear. But even that doesn’t always prevent an injury.

Ice skating injuries - They happen. It’s a fact. Even to experienced skaters. You will always see big signs posted at every entrance to every skating rink in New York that ice skating is a dangerous sport. The warning will say that you “Skate at your own risk.” That is the same as saying buyer beware!

We know that many sports are inherently dangerous, yet millions of people aren’t going to stop participating in dangerous sports just because of the obvious dangers. Just the other day, Newsday reported on a tragedy involving a 15 year old girl who died while snowtubing at Killington Ski Resort in Vermont. Importantly, this girl and her teenage friends were on a skiing slope that had already closed for the day. The incident happened at 7:00 p.m., and the key fact here is that the slopes closed at 4:00 p.m. There were signs posted all across the ski resort that slopes were off limits after 4:00 p.m. because of snowmaking and snow grooming activities. Also, there was no snowtubing allowed on any ski slope.

What happened? The girl could not control the snowtube and went off the trail, tragically causing her death. Is the resort responsible for her untimely death? In all likelihood the answer is no. She engaged in a dangerous activity, in a prohibited and restricted area. The snowtube is uncontrollable- which is what makes it so much fun. However, snowtubes are typically used in special areas or chutes designed to keep the tubes in a runway style area, so that there is no way to run off a trail.

Many people have tried to sue skating rinks and ski resorts for injuries they suffered while engaging in these fun filled but dangerous activities. Most have failed. On occasion there have been successes, but those are the exceptions. Where you actively choose to engage in a dangerous activity and disregard the hazards and dangers associated with that activity (rock climbing, water skiing, sky diving), you run the risk of injury and the chance that you will not be able to bring a successful lawsuit for your injuries. But remember, every case is different. Let an experienced injury attorney evaluate your own case.

Be careful out there this winter, and have fun while you can. ☺

Gerry Oginski is a trial attorney practicing law exclusively in the State of New York for almost 17 years. He handles injury and medical malpractice cases. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client’s are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client’s case from start to finish.

He welcomes all questions, at no charge, and can be reached at http://www.oginski-law.com, or 516-487-8207.

How to Win Your Social Security Disability or SSI Appeal

If you have been denied Social Security disability or SSI
benefits and are appealing the decision at a hearing, there are
steps you can take to ensure a favorable decision. You can win
your Social Security appeal without hiring an attorney.

When Social Security denies your application for disability or
SSI benefits you have 60 days to file an appeal. In most states
you will first file for reconsideration and your State’s
Disability Determination Service will re-evaluate your case. If
this reconsideration is denied again you will have another 60
days to request a hearing before an administrative law judge.

Hearings are held in Social Security’s Office of Hearings and
Appeals. When this office schedules a hearing for you they will
set up a time for you to appear before an administrative law
judge to argue your case. At this hearing you will be able to
present any new medical evidence you have to support your claim.
You may also bring witnesses to speak on your behalf. This could
include an attorney or disability representative. You are not
required to hire an attorney or representative; however, if you
choose to have representation this individual will receive 25%
of your back pay should you win.

Instead of having an attorney represent you, bring other
qualified individuals to speak on your behalf. This can include
your doctor, social worker, and family members. Your family
members know the most about your disability. They know how it
affects you on a daily basis. This testimony could be extremely
valuable if you rely on your family members for daily activities
such as bathing, dressing, and using the facilities.

Organize your case before attending the hearing. You should know
what you want to say and how you are going to say it. Don’t be
afraid to use notes or an outline. Present your case in a
logical manner with witnesses and medical evidence to support
your argument and you will be well on your way to winning your
Social Security Disability or SSI appeal. For more information
on Social Security appeals visit Social Security Laid Bare using
the link below.

Law & Logic of Homeowner Association Capital Reserves

Law & Logic of Homeowner Association Capital Reserves
By Neda Dabestani-Ryba
Prudential Carruthers REALTORS

In October 1999, Oregon was one of the first states that enacted a significant improvement to its Condominium and Planned Community regarding capital reserve planning, a process by which homeowner associations plan and fund future repairs and replacements. For many associations, the process became mandatory although there was an “escape clause” for pre-October 99 Oregon communities.
But there’s more to reserve planning than The Law. Where statute stops, the Board’s “fiduciary” duty kicks in. A “fiduciary” is one who is given the trust or confidence of another. The Board is entrusted with care of the biggest single asset that most people own, their homes. These people have the right to expect the homeowner association to be run like the business that it is…a corporation often responsible for millions of dollars in assets.
The reserve study concept was developed during the 1980s as a result of the many aging homeowner associations that found themselves in dire straits due to failure to plan for reserve expenses. The homeowners expected the Board to plan for such events and all too many had no plan other than “dealing with it” when the time came. Well, those “times” came all too soon and inevitability lived up to its reputation. Thus, the obvious need for long range planning came about.
Reserve studies analyze and predict the cost and timing of future repairs of association maintained components like roofing, pools, paving, landscaping, painting, fences, decks and other items that have a useful life of between 3 and 30 years.
The typical condominium association has between 15 and 30 items that fall under the “reserve” definition. When the repair costs of these 15-30 items are added up, it usually amounts to hundreds of thousands, even millions of dollars. This is not chump change. It takes careful planning to accumulate the funds plus know how and when to spend it. That’s what reserve planning is all about.
Reserve plans require all owners to pay a monthly share of future repairs and replacements. These payments pay for assets that are being used up. If an owner sells, the next owner picks up the monthly share. All owners pay a fair share and no more special assessments! This is as it should be. If you’ve been thinking there’s a better way to manage association assets, there is: It’s called a Reserve Study. Whether by law or logic, it’s time your homeowner association started doing business like a business.

About the Author

Neda Dabestani-Ryba is a licensed Realtor in Maryland. She is a member of the President’s Circle of Top Real Estate Professionals. She can be reached at (800) 536-3806 or visit her website for more information: http://neda.dabestani.pcragent.com/
Prudential Carruthers REALTORS is an independently owned and operated member of Prudential Real Estate Affiliates, Inc., a Prudential Financial company. Equal Housing Opportunity.

How an employee background check works

Over the past few years pre-employment background checks have gained significance for employers big and small. Companies can either execute the required activities in-house or can outsource them to human resource companies that specialize in carrying out background checks.

There is a lot of paper-work, co-coordination, and follow-up that goes into conducting a background check and for this reasons companies prefer to get the job done by an outside agency. The background checks have to be done in accordance with the Fair Credit Reporting Act (FCRA). According to the FCRA, an individual who earns less than $ 75,000 per annum cannot be reported for criminal acts that are more than seven years old. Also, the checks can only be done with the signed consent of a job seeker.

Companies that wish to execute background checks should do so as a matter of policy and should make this known to job seekers. This acts as a deterrent for applicants who intend to hide information. if an external agency is hired to do the check then one should check if the agency is conversant with FCRA requirements, relevant state and federal laws, and the equal employment opportunity laws. The sources from which the company obtains its information should be verifiable. Normally, the information is acquired from consumer reporting agencies that report on education, credit history, and criminal records.

A standard employee background check verifies driving and credit records, employment background, Social Security Number, education, and military background. The check can also include drug tests and checking on references provided. The nature of the background check varies with job requirements, for example drivers are normally subjected to a stricter reference check and their motor-vehicle records are looked at more closely. Similarly, the credit records of accountants and those who may be required to manage a company’s finances are scrutinized more than the records of others.

When availing the services of an outside agency, factors such as the extent of the check, nature of information desired, contact points at both ends, and person assuring the accuracy of information provided should be decided beforehand. The contract between an employer and a third party Human Resource company should address privacy and discrimination laws, timeframe for submitting information, indemnities, insurance against errors and omissions, and evidence of professional liability.

Employers should compare the data obtained from various sources during the process of a background check. Information in a job applicant’s resume should be checked with facts stated in the job application. There should be no inconsistencies in the information provided in the cover letter and facts offered during the interview. Common things that are cross-checked include the Social Security number, education, and the date of birth.

Stanley Alpin recommends www.backgroundcheckguide.net/2006/03/employment_back.html for more information on ordering an employee background check.

Domain Name Trademarks

As your Internet business grows, the value of your domain name increases. The issue of a domain name trademark should move to the top of your list. You need to guard against unscrupulous competitors that may try to incorporate your domain name in their meta tags to obtain search engine rankings under your name. If you have a domain name trademark, you can go after these individuals and compel the search engines to remove their listings.

What Is A Trademark?

A trademark is a distinctive item that is used to identify a logo, product, device, package or service. The trademark identifies the item as being provided by a particular firm. To protect these items you can obtain a mark from the patent and trademark office that prohibits others from trying to gain economic advantage from your mark.

Domain Name

The patent and trademark office views domain names in a unique way. The office views the “http://www” element as a part of the file transfer process, not your domain name. The “.com”, “.net”, etc., designations are considered top-level domain identifiers and are also disregarded for the purpose of a domain name trademark. For example, our domain name is http://www.sandiegobusinesslawfirm.com. If we submitted the domain name for registration, only the “sandiegobusinesslawfirm” portion would be considered for a mark.

Locators Cannot Be Registered

A domain name is a locator for file pages. When you type in your domain name, a server locates and displays files. If a domain is used solely for this purpose, it will not be granted a mark. Instead, the domain name must be incorporated into the site. For instance, Amazon is recognized as an online bookstore and the site actually has the word “Amazon” on every page. Since “Amazon.com” is more than a locator, Amazon can apply for and receive a trademark. If Amazon used the domain name, bookstore.com, the company would be able to register “Amazon”, but not “bookstore.”

Generic and Descriptive Terms

Domain names that are generic or descriptive in nature cannot be registered because they fail to designate a distinctive product or service. For example, “sandiegobusinesslawfirm” is comprised of generic terms and describes who and where we are, to wit, a San Diego business law firm. This domain name cannot be trademarked. The same result would occur with bank.com, book.com, advice.com, etc.

You may be thinking, “What about ‘Coke?’ “Coke” is a trademarked term because it is a distinctive term for a soft drink product. It just so happens that a brilliant marketing plan has convinced most people to refer to soft drinks as “cokes”, even if they actually prefer another brand!

Trademarks are an important factor in protecting your Internet business. Armed with a trademark, you can keep competitors from pulling traffic off the search engines when people search for your site.

Richard A. Chapo is a San Diego business lawyer with www.sandiegobusinesslawfirm.com - a San Diego business law firm in San Diego, California.

What you shouldn’t believe about SSD

The Social Security and Supplemental Security Income disability programs are the largest of several Federal programs that provide assistance to people with disabilities. American citizens have come to be aware that with the Social Security programs for disability benefits and SSI, security is still there for them, even as they are physically restricted, burdened with an illness and unable to work anymore.

However, the Social Security is not committed to making massive awareness and information regarding such programs as the vast public are continually in ignorance of its procedures, policies and workings. Because of this, several misconceptions and false expectations have been harbored by many who were misinformed of the social security’s policy. Alas! Many are greatly disillusioned by the time they have come through handling their own applications for disability / SSI claims.

A foremost example of a misconception is that “the Social Security denies everyone the first time they apply for disability”. Arbitrariness is never a method in the Social Security. Disability applications are filed at the Social Security Office and are subject for evaluation. Completed disability applications are sent to a state agency called Disability Determination Services (DDS). At DDS, they are assigned to disability specialists known as Examiners. Examiners are the individuals who make decisions on Social Security cases (at the initial and Reconsideration Levels).

Though not all are denied, it is frustrating to note that after months of waiting, 70% of the population that applied for disability claims are denied!

Another misguided information is that the “Social Security denies you a certain number of times before you are approved and can receive disability benefits” should not be believed. During the long wait for the processing of disability / SSI claims applications, many different factors affect the approval and/or denial of applications. Each case are different among others, thus, reasons for approval and/or denial, whether how many times are not always the same.

Meanwhile, a statement from your physician supporting your case cannot automatically get you approved for benefits. Why, of course! No one who ever passed a disability claim application at the SSA with or without the supporting statements of a physician have ever been automatically approved. Your physician’s medical report on your disability will have to go through inspection of the DDS and eventually, if continually denied, into the judgment of the Administrative Law Judge to weigh the facts presented if you are really entitled to the benefits.

What others are claiming that “certain conditions, disabilities, or medical health problems can get you automatically approved for benefits”, is not even close to the truth. While certain conditions, disabilities or medical health problems do get the claimant involved approved for benefits, the SSA procedures entails that no claimant’s application be automatically denied and/or approved.

Saying that the best solution upon denial of an application is to file another brand new application in order to plead your case and appeal, is another misguided idea. While it is right to appeal for your application, it is not a good solution to begin all over again. The only way to continue you claim is to request for reconsideration, and with it, the necessary additions that may strongly support your claim.

Another myth states that you can’t be awarded social security disability benefits if you have ever used drugs or alcohol. If that is so, then the state is denying disability benefits to the entire population since at one point in their lives, they certainly may have used drugs or alcohol! This is such an utter mix-up of the law stating that disability benefit shall be denied to those whose impairment was caused by addiction to drugs and alcohol.

There are yet other misguided ideas and information that still burrowed in the minds of citizens, especially those who are aiming to apply for disability claims. Unless a serious information drive campaign be done in order to answer all questions and to banish all myths in the minds of the people, more and more would still cling to farfetched ideas and false hopes in the Social Security Administration’s system

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Lawyers & How They Negotiate Personal Injury Settlements

If you have recently been injured in an accident through no fault of your own, you may find yourself in a sea of lawyers without knowing which one to choose. After being injured, many individuals turn to lawyers for help in protecting their rights and helping to ensure they are fairly compensated for lost wages, medical bills and pain and suffering.

Depending on the accident, medical attention may or may not be required. In an automobile accident, for example, the individual who caused the accident will be responsible for any repairs to the victim’s automobile, along with the previously mentioned compensation. Most individuals hire a lawyer soon after the accident occurs even though settlement negotiations will typically not begin until after medical treatment has ended.

After concluding medical treatment, lawyers will begin to negotiate with the insurance company representing the person who caused the accident. During this time, lawyers will assess the amount of medical bills, doctor reports and diagnosis, lost wages, damages and will attempt to estimate a fair amount of pain and suffering. After gaining your approval, personal injury lawyers will submit a proposal to the insurance adjuster for consideration. It generally takes 30 days for a response, which is expected to be a counteroffer. At this time, lawyers will discuss the offer with their client and see if a fair settlement can be reached. If not, the lawyer will prepare another letter explaining that the adjuster’s offer is not acceptable and will, once again, request that the case be settled for a slightly lower amount than the original proposed amount. This situation is a test of each side as the adjuster wants to settle the case for as little as possible while the lawyers want to make sure their clients are properly compensated. After several letters back and forth, and perhaps some telephone calls, the lawyers will advise their client when a fair offer has been reached. While they cannot instruct their client on what to do, they can advise them on the fairness of the offer and how that figure may change if the case were to proceed to trial.

For reasons of both time and expense, the majority of personal injury cases are settled out of court. Once a trial is granted, attorney fees and court costs increase dramatically. An attorney receives a pre-negotiated amount of the client’s settlement, but receives a larger percentage if the case moves to trial. There are a number of lawyers who handle personal injury cases and it is always important to select one that is most sincere and seems most knowledgeable about the process.

The information in this article is to be used for informational purposes only. It should not be considered as, or used in place of, professional legal advice. Individuals who need legal help should consult one of the lawyers in their area who can assist them with their questions and concerns.

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