Month: January 2022

As a veteran, if you have a disability claim denied, your fight isn’t over. Claims Examiners decline 1-in-3 claims, leading many veterans to feel frustrated and stuck in their situation. As a vet, you have two main choices if your claim is declined: 

  1. Accept the decision
  2. Appeal the decision

If you accept VA’s decision, you’re stuck in the same situation you’re in right now without benefits to help you in your day-to-day life. 

First: Understand Why You Received a Disability Claim Denial Letter 

If you’re going to file an appeal, the first step is to understand why the VA denied your claim. For many people, denials are due to errors and can be overturned. The most common reasons, aside from errors, that your claim can be denied include: 

  • You missed your filing deadline or the deadline to submit additional evidence 
  • The wrong forms were submitted 
  • Incomplete information was provided 
  • There’s a lack of medical evidence backing your claim 
  • You suffer from a pre-existing condition 
  • Your doctor’s statement wasn’t accepted 

The VA also has the authority to determine that you’re either not disabled or that the symptoms you’re experiencing don’t warrant compensation.  

If the VA doesn’t accept your doctor’s statement or doesn’t believe that your symptoms warrant disability, there are steps that you can take to fight back. 

Your decision will often cite the following issues: 

No Diagnosis 

If the denial is due to no diagnosis, it’s because you didn’t provide enough proof to determine a diagnosis. For example, you could claim that you’ve been exposed to a certain chemical during combat, but there must be proof of: 

  • Exposure 
  • Disability from exposure 

There needs to be a link between the disability and exposure or the incident for the claim to go in your favor. 

No Proof of In-Service Incidents Occurring 

On top of the evidence of the disability, there also needs to be proof that your disability is related to an event that occurred while in service. For example, if you need a mobility device because of an injury, you need to prove that this device is required due to an in-service issue. 

Perhaps you were injured in the field or during basic training. In this scenario, you would be able to claim disability if you started to document the issue early on. 

If you leave the military without a documented injury and two years down the road claim that an injury led to your mobility issues, you’ll need to provide substantial proof linking the two. Ideally, you’ll be able to discuss specific stressor events that caused the injury. 

The good thing is that you’ll often be able to connect your disability to a direct cause. 

Next: Go Through the Appeals Process 

Decision reviews underwent a major overhaul in February 2019, and if your claim’s decision was made after this date, you’ll need to follow the new appeal process outlined on the VA’s official website

If your claim was denied after 2/18/2019, you’ll need to first choose your review option, which includes appealing the decision to the Veterans Law Judge, requesting a higher-level review, or adding new evidence to back your claim. 

Providing additional evidence is the easiest option if you believe that your claim was denied due to a lack of evidence. 

It’s always best to discuss a denial with a lawyer who specializes in VA denials because they’ll have a better understanding of how to improve your chances of approval during an appeal. 

A few quick notes on choosing your review option: 

  • Adding new evidence requires you to fill out a Supplemental Claim form and attach any evidence that you think is required to have your claim approved. 
  • Requesting a higher-level review allows you to speak to the reviewer over the phone to explain your situation and why you think the decision should be overturned. A new party will review your claim in this case. 
  • Appealing to a Veterans Law Judge is the most intense appeal, which will require you to bring your case to a judge. The hearing takes place in Washington, DC, but you can request a video conference. This type of appeal can take a year or longer to complete. This is the last level of appeal available unless you’re able to provide supplemental documentation to prove your case or elevate the claim to the federal level. 

Once an appeal for a disability claim that was denied is filed, you’ll need to wait. The VA may ask you for more information, and if this is the case, be sure to provide the information as quickly as possible. 

The VA may also schedule exams that you must attend. 

If you miss an exam, this can derail your appeal. In the event that you cannot make the date of the exam, be sure to alert the VA and reschedule immediately. 

You can also check on your VA claim status at any time if you’re anxious to see any progress made on the claim.

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Probate may be difficult, unpleasant, and costly, especially after losing a loved one; navigating it alone may be overwhelming. An estate lawyer can help you through the legal system if you are an executor. A competent probate lawyer may oversee the full estate management procedure or advice on legal issues.

The main duties of a Probate Attorney:

The probate lawyer first files the probate petition to appoint a personal representative. A Probate attorney also handles all other court matters. He handles creditors’ claims and notifies creditors, heirs, beneficiaries, and those entitled to notice of the probate. He may also oppose a will’s executorships.

After completing all administrative duties, he prepares and submits a petition for ultimate distribution. This petition informs the court of the personal representative’s activities. Final petition accounts to heirs for assets and money received by the personal representative. Ultimately, the attorney petitions the court to appoint a personal representative and instruct them to divide the estate under the will.

Non-probate concerns that need legal attention include acquiring, receiving, or obtaining life insurance payments and dealing with annuity payments. If any property is owned in another state, the probate attorney may work with an auxiliary probate attorney.

Can a Paralegal handle a Probate?

No! A paralegal cannot manage probate or represent a client in court. To appear in court, one must be an attorney. In case if a person is unable to fill out forms, their representative must appear in court alone since the paralegal lacks a lawyer’s license.

Simply stated, laypeople don’t understand probate. It takes a long time. Non-lawyers might easily make mistakes or fail to provide adequate notice of a hearing on a petition, causing the action to be abandoned or prolonged. Repetition failure may result in the dismissal of the petition. The guy would have to start afresh. This is why attorneys are usually necessary for the probate procedure, although not legally.

During the probate procedure, one family or executor may need simple guidance from Illinois Probate Solutions, an experienced trust, and an estate planning Law Company.  Check https://illinoisprobatesolutions.com/2022/01/do-heirs-of-an-estate-need-an-attorney/ for further details.

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Hurt in a car accident that is clearly not your fault? After being involved in a car accident, it is important that you know how to handle the situation without causing any unnecessary harm to your safety, health, and rights to compensation. But in a ‘no-fault’ insurance state like New York, how can you receive what could have been your compensation for the injuries from the accident? 

A few years back, in what was perceived as an attempt to speed up compensation claims, the New York State introduced the “no-fault” laws, designed to provide quick financial benefits to victims of auto accidents, regardless of who’s at fault. Despite the no-fault law helping people get compensation faster, there are still many complications that many New Yorkers are yet to understand. No fault laws are one of NY States greatest tools for combating personal injury law negligence.

New York No-Fault Coverage 

New York is a no-fault insurance state. This means if you, a New Yorker, get into an auto accident, you’ll be compensated for the injuries and other possible damages by your insurance company, regardless of who is responsible. Your insurance company will have to compensate you for the medical costs and other losses you might incur after the accident, including lost wages. 

New York is one of the several states in the US to implement the no-fault car insurance system. Your PIP coverage applies to you or anyone driving your car, any passenger riding in your car, and any pedestrian hit by your car. Even though this system is designed to help you get compensation faster, it might not allow you to get as much compensation as there are coverage limits. 

Coverage limits In New York 

New York requires every driver to have no-fault coverage for personal injury protection. The minimum coverage amounts every driver in New York must carry includes;

 $25,000 liability for bodily injury per person

$50,000 liability for bodily injury per accident

$10,000 liability for property damage per accident

$50,000/$100,000 for death

New York No-Fault Coverage

The covered person is the person injured from the covered accident. The owner or the passenger of the vehicle is termed under covered person. A covered accident is an accident that occurs while using a car. 

In New York, the no-fault insurance covers;

  • Reasonable or necessary medical bills from the accident
  • 80% of lost wages, for up to $2,000 per month, to three years from the time of the accident  
  • Maximum of $25 a day for up to a year compensation for expenses caused by the accident
  • $2,000 death benefit to the estate of any person that died from the accident, which is covered 

The state expects all claims for no-fault personal injury compensation to be properly filed within 30 days from the day of the accident. The insurance company also has 30 days to respond to your claims. 

It is equally important to note that motorcyclists or passengers on a motorcycle are not covered. Also, you might not be eligible if you were intoxicated while driving, injured while committing a felony, or if the owner of the vehicle is uninsured. 

No-Fault Insurance And “Serious Injury”

Despite the no-fault insurance legislation, if you’re injured in New York, the law allows you to sue the driver and claim compensation as long as your claim meets the “serious injury” bracket. This involves;

  • Bone fracture
  • Total disability for 90 days
  • Disfigurement 
  • Permanent damage to body organ or system 

An injury can affect your life forever. You deserve to be fully compensated for all damages resulting from personal injury. It is your right. You’re entitled to it. Discover how you can get your full compensation today. Speak with a local personal injury near you.

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An attorney is someone who advises and represents people in matters pertaining to civil and criminal law. Along with advice, attorneys may also provide assistance with understanding legal documents and preparing clients to go to court. Here are three times that you should consider hiring an attorney.

  1. If You Are Going Through a Divorce

Wanting advice while going through a divorce is one of the most common reasons that people hire a lawyer. A lawyer can objectively and fairly help a formerly married couple separate assets and sort out a child custody arrangement that is in the best interest of the child. The laws surrounding getting a divorce can vary from state to state in the United States, so it is wise to have someone available who can answer any legal questions that you might have.

  1. If Someone Steals Your Intellectual Property

The field of intellectual property law is important in cases where someone has infringed on the copyright, patent, or trademark of inventions, designs, music, and other works. If people are allowed to use the work of creators without their knowledge and without giving the creator any kind of monetary compensation, the creators are not able to make any money. If you believe that someone has violated your intellectual property, it might be necessary to contact a mediation lawyer New York or another type of lawyer in your state who is knowledgeable about intellectual property law.

  1. If You Have Been Injured

If you have been hurt due to the negligence of someone else, it might be a good idea to speak with an attorney. Personal injury lawyers specialize in cases where you can receive compensation for medical treatment or time taken off from work due to your injury.

If any of these things have happened to you, consider seeing what an attorney could do for you.

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Driving is a necessity in many parts of the world but comes with inherent risks such as the possibility of getting into an accident. While no accident can be completely prevented, there are certain things to be aware of to decrease your chances of getting into an accident. Here are three of the most common causes of car accidents.

  1. Distracted Drivers

Distracted driving is one of the leading causes of car accidents, and poses a danger to both pedestrians and other vehicles. Distractions can include eating, texting or reading a mobile phone, or having a heated discussion with a passenger. Many auto accident claims Iowa are from people who have been hit by a driver who was distracted. Accidents caused by distracted driving are some of the most preventable automobile accidents. If you are driving and need to look at your phone or text somebody back right away, find a safe place to pull your car over and stop before doing so.

  1. Impaired Drivers

Impaired driving includes driving under the influence of drugs or alcohol, as well as driving while very tired. Driving under the influence comes with harsh penalties and puts yourself and others in danger, so always have a designated driver to get you home safely if you choose to drink alcohol away from home.

  1. Bad Weather Conditions

While people can control whether or not they drive distracted or impaired, people cannot control the weather. Heavy rain, ice, snow, fog, and other hazardous weather conditions are responsible for many vehicle accidents throughout all four seasons of the year. If you are planning on driving for any length of time, check the expected weather conditions of your route ahead of time, and pull over if you feel the weather conditions are causing you to not be in control of your vehicle.

Be aware of these three common causes of car accidents.

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