| Read Time: 2 minutes | Disability Law

Timing is critical with Social Security Disability

Timing is a critical factor in seeking Social Security Disability because each step of the process is dependent on the step that comes before it. One of the foundation blocks of basic computer programming is the conditional construct. The creator of the program establishes the computer’s task with if-then statements. We use them in real life too. A simple example would be to say, if A equals B, and B equals C, then A equals C. There Are Many Factors Conditional statements are also part of applying for Social Security Disability Insurance. If an applicant fails to take specific steps, in the right order, then benefits are denied. Trying to trace all the possible if-then conditions can be dizzying. So, here’s one more for you. If this cycle baffles you, an attorney can help you get through the SSDI application maze. The SSD System is full of quirks One of the things that can catch many people in Indiana up short when it comes to claiming SSDI is that they find out the quirks of the system too late. In the simplest of terms, here is how it works. SSDI is insurance. Worker and employers pay the premium on the insurance through Social Security taxes. So what happens if the worker and his employer no longer pay the premium? Coverage fades away. When it disappears is called the date last insured (DLI). DLI might come weeks, months or years down the road. What can happen is that a disabled worker leaves his or her job, but doesn’t take immediate steps to start an SSD application? Coverage fades away. And if the disabled worker applies for benefits after the DLI expiration, application denial follows. It’s Possible to Prevent Thus But, it is possible to extend SSDI coverage beyond your DLI if you establish a “protective filing date.” To get more time, inform the Social Security Administration that you intend to file for disability benefits. You can do this in writing. Alternatively, if you start the online application process, the date of your application can serve as the protective filing date. The value of early notification is that an applicant remains eligible for SSDI even if the paperwork isn’t filed until after DLI expiration. If you doubted the value of early reporting of a disability, then this should clear it up: timing is critical! Gerling Law is a leading personal injury law firm dedicated to providing aggressive legal representation to individuals and their families.  With over 50 years of experience, Gerling Law has helped thousands of people in Indiana, Illinois and Kentucky recover hundreds of thousands of dollars in a wide variety of personal injury and consumer protection cases, including trucking accidents, wrongful death, medical malpractice, nursing home negligence and social security disability. Gerling Law takes pride in the fact that we have never represented insurance companies, hospitals or large corporations and that we fight against powerful companies for our clients. If you need an experienced, dedicated personal injury lawyer, Gerling Law is here to help.  You can always reach us at 888-GERLING (888-437-5464) or through our website at www.gerlinglaw.com.

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| Read Time: 3 minutes | social security disability

Social Security heads to the Supreme Court

How does the goverment decided who gets Social Security Disability Insurance (SSDI)? First, you need to know that SSDI is available when qualifying U.S. workers become totally disabled from working. Second, the Social Security Administration (SSA) determines whether workers are disabled based on a combination of their medical history and an assessment of their realistic job opportunities. And, a vocational expert typically performs the assessment. What is a vocational expert? Vocational experts know all about the current job climate and the skills and requirements needed for certain jobs. For example, let’s say this expert determines that your disability would not prevent you from getting a different job. You disagree. Should you be allowed to examine the data the expert used to come to that conclusion? Of course, you’re going to want that data. If the expert won’t share their data, should the expert’s conclusion stand? The Supreme Court has agreed to hear a case about this question in the upcoming fall term. The case involves a carpenter and laborer who stopped working in 2005. The worker claimed he could not work , because he had Hepatitis C, degenerative disc disease and depression. He applied for SSDI in 2009, but he was turned down in 2010 by the SSA. Next, his initial appeal to the SSA’s appeals council was rejected. After that, hee won a second appeal, which sent the case back to the SSA. On this second consideration, the SSA determined that the worker had become disabled in 2013, not in 2009 or earlier. Then the worker continued to appeal, but a federal appellate panel upheld the SSA’s 2013 ruling. However, the panel did say that the vocational expert’s testimony didn’t portray the man’s physical limitations fairly. Fight for the Data The worker did not give up. In his appeal to the Supreme Court, the man raised the issue of the vocational expert’s underlying data. He had tried to obtain the data, but the expert had refused to share, based on “the confidentiality of her files.” Under this scenario, it is unclear why her files should be held confidential, especially from their subject, the worker. However, the expert still refused to provide the background data even in redacted form. Now the disabled man asserts that the SSA declined to date his disability back to 2009 based only on the testimony of the vocational expert. In order to obtain the relief, the worker claims he needs to be able to effectively challenge the findings of the vocational expert. Moreover, he cannot do so because she won’t release the underlying materials. What the Supreme Court Will Consider Counsel for the SSA has argued that the Second, Sixth and Ninth federal circuits ruled that experts do not need to release the underlying data in order for their conclusions to be relied upon by SSA judges. However, counsel for the worker has argued that the Seventh Circuit ruled the opposite way. Therefore, these contradictory rulings created a “circuit split.” . The Supreme Court will consider these issues when hearing this case in the fall. Gerling Law is a leading personal injury law firm dedicated to providing aggressive legal representation to individuals and their families.  With over 50 years of experience, Gerling Law has helped thousands of people in Indiana, Illinois and Kentucky recover hundreds of thousands of dollars in a wide variety of personal injury and consumer protection cases, including trucking accidents, wrongful death, medical malpractice, nursing home negligence and social security disability. Gerling Law takes pride in the fact that we have never represented insurance companies, hospitals or large corporations and that we fight against powerful companies for our clients. If you need an experienced, dedicated personal injury lawyer, Gerling Law is here to help.  You can always reach us at 888-GERLING (888-437-5464) or through our website at www.gerlinglaw.com.

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| Read Time: 2 minutes | Accident Lawyer

Vicarious Liability and how it effects YOU.

Your car is, well, yours. You’re going to be behind the steering wheel nearly every single time that vehicle goes out on the road. However, there will be moments when someone else is driving your car. Perhaps your teenage son or daughter needs to take the car somewhere with their friends. Or maybe a friend or employee needs to take your car out for an important purpose. How does this relate to “vicarious liability” and you? Most of the time, this won’t be a problem. Your friend, family member, or associate will take the car out and return it without issue. However, there are people that loan their car out to their close confidants. Then, they later find out shortly after they have left with their vehicle that they got into an accident. Vicarious liability means that you could still be partly liable for the accident even if you weren’t even in the car when the accident happened. Parents can be held liable if their children cause an accident under the “Family Car Doctrine,” or if the friend that you give the car to is known to be a risky or dangerous driver, you could be held liable for any accident they cause under vicarious liability. These are tricky situations, and if you are being held responsible for an accident under vicarious liability, be sure to take it seriously. Also, make sure if you’re loaning your car out that it is to someone responsible and safe.

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| Read Time: 2 minutes | Fatal Accidents

Amusement parks: When fun is dangerous

It’s fair season. States and counties all across the country are pulling out the stops to celebrate the industries and the people who make them unique. One thing that tends to be common to them all, however, is the amusement park. There is an art to this particular industry. The gauge of success, according to one legacy carnival operator, is how well he gives you the means to “stare the Grim Reaper in the eye,” while ensuring that you land “back down on the ground and not have any hair out of place.” Fun can turn to tragedy when an amusement park ride fails Unfortunately, sometimes all the fun turns to tragedy when a bolt breaks, a shock absorber bursts or a safety chain gives way. When that happens, catastrophic and even fatal injury can occur. Victims of such misfortune have a right to seek compensation for their losses, whether it is to cover necessary medical care, replace lost wages or earning ability, or to recognize the loss of a loved one. There are those who may try to argue that anyone who seeks out the thrills of a roller coaster, Ferris wheel, twirling ride or water park slide know the risks and accept them by buying a ticket. However, providers of these rides, like any business, have a duty to keep their patrons safe. Indeed, while laws vary, nearly every state has statutes requiring amusement park rides to meet certain safety standards. Here in Indiana, state officials recently exercised their enforcement authority ahead of the 17-day state fair. A team of 13 inspectors scoured through every one of the more than 50 rides checking for potential hazards. By the time the fair opened, all the rides were reportedly approved for operation. Such is not always the case, though. The U.S. Consumer Product Safety Commission estimates that as many as 4,800 people visited emergency rooms with injuries caused by amusement park rides between 1997 and 2003. It also reported 55 deaths between 1987 and 2001. Safety laws covering amusement parks are complex Clams agains amusement parks are complex. You will need an attorney to research the many statutes covering safety standards for amusement parks. In addition, you will need expert testimony regarding what caused the accident. It makes sense to hire an experienced injury attorney to help you find your way through these obstacles. Gerling Law is a leading personal injury law firm dedicated to providing aggressive legal representation to individuals and their families.  With over 50 years of experience, Gerling Law has helped thousands of people in Indiana, Illinois and Kentucky recover hundreds of thousands of dollars in a wide variety of personal injury and consumer protection cases, including trucking accidents, wrongful death, medical malpractice, nursing home negligence and social security disability. Gerling Law takes pride in the fact that we have never represented insurance companies, hospitals or large corporations and that we fight against powerful companies for our clients. If you need an experienced, dedicated personal injury lawyer, Gerling Law is here to help.  You can always reach us at 888-GERLING (888-437-5464) or through our website at www.gerlinglaw.com.

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| Read Time: 2 minutes | car accidents

A settlement or collection… which is better?

Anyone who has been in a minor car collision in Indiana probably knows the drill. The crash happens. You and the others involved exchange essential data. Insurance company name and policy number, vehicle registration material, and personal contact information. However, sometimes conditions warrant police to the scene. In most cases a settlement becomes a matter of negotiation with the insurance companies. After investigating, adjusters could conclude you share fault for the crash. This means the settlement offer could be less than what it will take to fully compensate you. Even for the total damage to your vehicle. If you were injured in the crash, you could be blamed for shared fault. It’s important to consult a skilled attorney to be sure that you understand your rights and how to exercise them. Having an Attorney Can Make a Difference In the event of a dispute over fault, a skilled attorney can advocate for you from beginning to end. In addition to being able to marshal resources for accident investigation and reconstruction, the attorney has depth of experience in framing matters in the context of any possible medical care or long-term financial needs that you might face to obtain optimal results with insurers. After an appropriate settlement is agreed upon, if the insurer or other driver fails to deliver, civil action might be called for. And once again, having an attorney at your side will be crucial. You will want to be sure that you bring your case within the two-year statute of limitations set by state law in most cases. If the at-fault party is the state or local government, the window for action is restricted to just 270 or 180 days, respectively. Should it happen that you win your case and obtain a court order for compensation, you still must collect. And if the defendant still refuses to pay, further legal action might be required. This could include garnishing wages or funds in bank accounts. And again, an attorney can help.

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| Read Time: 2 minutes | Disability Law

DENIED: Overcoming the Challenges of SSDI

Did you know that most people find getting Social Security Disability Insurance (SSDI) to be quite the challenge? Well, it’s no secret to our legal team, because we handle SSDI cases everyday. Unfortunately, the Social Security Administration (SSA) denies almost everyone the first time they apply. So, don’t feel too disheartened if the SSA sends back your first claim “denied.” How to avoid SSDI “denial” First, your disability must be on the SSA’s list of disabilities. Next, you must provide the right medical documents. In addition, you must prove financial need. Importantly, you must fill out every field of your application accurately. Truly, even the smallest mistake can cause a denied claim. For example, the SSA denies around 70 percent of all first-time SSDI applications. Also, the SSA denies most people for reasons unrelated to whether they are truly disabled or not. In other words, common reasons why the SSA denies people boils down to improperly completed forms or failing to provide necessary records. How Attorneys Help Obviously, to avoid these problems, you should turn to an attorneys with experience and dedication to getting the job done right. What will a Gerling Law SSDI attorney do? First, we present your disability in terms that comply with qualifying disabilities. Second, we ensure that your income meets SSDI requirements. Third, we put your application together properly and review it to avoid errors. As a result, when you work with a skilled attorney from the outset, you can improve the chances that you will be among the 30 percent that get approval on the first try. That being said, if SSA has already denied your claim, getting an attorney’s help can help you handle the complicated appeals process. Furthermore, it increases your chances of finally getting the disability benefits you deserve. If you need an SSDI attorney, Gerling Law is here to help. Gerling Law is a leading personal injury law firm dedicated to providing aggressive legal representation to individuals and their families.  With over 50 years of experience, Gerling Law has helped thousands of people in Indiana, Illinois and Kentucky recover hundreds of thousands of dollars in a wide variety of personal injury and consumer protection cases, including trucking accidents, wrongful death, medical malpractice, nursing home negligence and social security disability. In addition, Gerling Law takes pride in the fact that we have never represented insurance companies, hospitals or large corporations and that we fight against powerful companies for our clients. If you need an experienced, dedicated personal injury lawyer, Gerling Law is here to help.  You can always reach us at 888-GERLING (888-437-5464) or through our website at www.gerlinglaw.com.

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| Read Time: 2 minutes | Wrongful Death

Your Wrongful Death Attorney

Unfortunately, at Gerling Law, our professional team is familiar with accidents that result in wrongful death. If you know someone who has passed away due to another person’s else’s negligent behavior, we offer our deepest apologies. This time is difficult, painful, and unfair. To make the situation worse, these particular types of cases are often constricted by a statute of limitations. You and your family should be grieving at this time, not stressing over the legal process. Therefore, we invite you to leave the law to us. An Attorney Can Help According to the Centers for Disease Control and Prevention, more than 90,000 deaths occur throughout the United States due to medical malpractice, which is just one example of wrongful death. Wrongful death can occur from many types of accidents, including the following: an automobile accident, a slip and fall accident, a workplace accident, a product liability accident, and more. As stated time and time again, accidents do happen every single day. However, when the accident could have been prevented, then the responsible party needs to be held accountable for his or her negligent actions. An educated and skilled attorney can help you. Firstly, the legal process can often be complicated and tedious. Second of all, it goes without saying that most clients, rightfully so, do not have a clear mind during this trying time. From tracking down witnesses to making phone calls on your behalf, at Gerling Law, our main concern is you. Contact a Gerling Wrongful Death Attorney Today Gerling Law is a leading personal injury law firm dedicated to providing aggressive legal representation to individuals and their families.  With over 50 years of experience, Gerling Law has helped thousands of people in Indiana, Illinois and Kentucky recover hundreds of thousands of dollars in a wide variety of personal injury and consumer protection cases, including trucking accidents, wrongful death, medical malpractice, nursing home negligence and social security disability. Gerling Law takes pride in the fact that we have never represented insurance companies, hospitals or large corporations and that we fight against powerful companies for our clients. If you need an experienced, dedicated personal injury lawyer, Gerling Law is here to help.  You can always reach us at 888-GERLING (888-437-5464) or through our website at www.gerlinglaw.com.

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| Read Time: 2 minutes | Traumatic Brain Injuries

Brain injury in Owensboro? We've got you.

A traumatic brain injury can happen when you least expect it and has no age boundaries. When you or a family member suffer a traumatic brain injury through no fault of your own, it is imperative that you find help. An Owensboro traumatic brain injuries lawyer from Gerling Law will help you deal with the process of getting what you deserve from those that are responsible. You deserve to have your family taken care of when going through a medical issue that is not your fault. A legal professional is the best way to relieve some of the pressure you may be feeling due to the medical expenses related to such an injury. The Owensboro Traumatic Brain Injuries Lawyer Understands When you hire an Owensboro Traumatic brain injuries lawyer from our firm, you can expect that they understand what you are going through. They have been protecting families for many years. Including all that comes with a traumatic brain injury caused by the fault or neglect of another. Our lawyer will be prepared to gather information and fight for what you need and are entitled to. They will also be able to help you deal with the many bill collectors, insurance companies, and lawyers that might be able plaguing your daily life. Furthermore, will talk with the medical team directly to learn more about the situation and prognosis. This will give them the information that they need to best help you through the process. Contact our Traumatic Brain Injury Lawyer Immediately There is no advantage to waiting to contact an Owensboro traumatic brain injuries lawyer for help. In fact, they will be able to do a better job the faster you get in touch with them. The longer that you wait, the further in debt you may become, and the closer you get to a statute of limitations that might exist. Gerling Law is a leading personal injury law firm dedicated to providing aggressive legal representation to individuals and their families.  With over 50 years of experience, Gerling Law has helped thousands of people in Indiana, Illinois and Kentucky recover hundreds of thousands of dollars in a wide variety of personal injury and consumer protection cases, including trucking accidents, wrongful death, medical malpractice, nursing home negligence and social security disability. Gerling Law takes pride in the fact that we have never represented insurance companies, hospitals or large corporations and that we fight against powerful companies for our clients. If you need an experienced, dedicated personal injury lawyer, Gerling Law is here to help.  You can always reach us at 888-GERLING (888-437-5464) or through our website at www.gerlinglaw.com.

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| Read Time: 2 minutes | Spinal Cord Injuries

Stress due to a spinal cord injury is our problem

Have you recently experienced a spinal cord injury? If so, the attorneys at Gerling Law offer our deepest apologies. Unfortunately, we know how difficult and painful this time can be for you and your family. However, we also understand that you could benefit from speaking with a spinal cord injuries lawyer, depending on the injury. According to the National Spinal Injury Statistical Center, almost 17,000 people throughout the United States suffer from a spinal cord injury every single year. You do not have to face this confusing, painful, and challenging time alone. Leave the Legalities to the Lawyers Both mild and severe injuries can occur in various types of accidents. Automobile accidents, slips and falls, violence or assault, athletic injuries, and more can result in spine injuries. If the accident was not your fault, then you could be eligible for compensation. In other words, if this was caused by negligence of someone else, you might be owed some money. Therefore, speaking with a spinal cord injuries lawyer could prove to be beneficial. You will want someone on your side who has experience with these types of cases. Above all, your health should be your primary concern, many cases have a statute of limitations. Unfortunately, time is limited. A settlement can assist with missed wages and medical bills. In conclusion, let us handle the legal stress while you focus on your health and recovery. Gerling Law is a leading personal injury law firm dedicated to providing aggressive legal representation to individuals and their families.  With over 50 years of experience, Gerling Law has helped thousands of people in Indiana, Illinois and Kentucky recover hundreds of thousands of dollars in a wide variety of personal injury and consumer protection cases, including trucking accidents, wrongful death, medical malpractice, nursing home negligence and social security disability. Gerling Law takes pride in the fact that we have never represented insurance companies, hospitals or large corporations and that we fight against powerful companies for our clients. If you need an experienced, dedicated personal injury lawyer, Gerling Law is here to help.  You can always reach us at 888-GERLING (888-437-5464) or through our website at www.gerlinglaw.com.

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| Read Time: 2 minutes | Social Security Law

Benefits Denial: When Social Security says "no"

At Gerling Law, we know first-hand how stressful it can be to apply for social security benefits. In addition to being unable to work, most individuals also have anxiety that stems from the possibility of social security benefits denial. What does this mean, exactly? Simply put, some people are denied their benefits. However, learning why can be beneficial to you and your family. About Social Security Benefits Denial According to the Center on Budget and Policy Priorities, social security benefits are based on the earnings on which you pay Social Security payroll taxes. More so, the higher amount you pay, the higher your earnings. However, facts and figures can become extremely confusing. If you are concerned that the SSA might deny your social security benefits, then educating yourself on common reasons as to why other cases of social security benefits denial happen may help. For example, earning too much money can harm you. Notably, you may find your social security benefits being denied if you are working above the limit that is considered “substantial gainful activity.” Or, you are earning too much money to be considered “disabled.” As a result, if these are true when you apply, you will not qualify. Other reasons for denial may include the following: the disability won’t last long enough or isn’t severe enough the individual is being unreasonable or refuses to cooperate the disability occurred due to a drug or alcohol abuse problem you have been convicted of a crime. Social Security Benefits Denial—Getting Help So, if you have experienced social security benefits denial that you believe is unfair or unjust, you could benefit from having an attorney on your side. As stated above, we understand how hard this time can be for you and your family. Furthermore, we have experience with these types of cases. Don’t face the challenging journey alone. Leave the legal process to the professionals. Receiving a “no” from Social Security isn’t the end of the road, so don’t lose hope. Gerling Law is a leading personal injury law firm dedicated to providing aggressive legal representation to individuals and their families.  With over 50 years of experience, Gerling Law has helped thousands of people in Indiana, Illinois and Kentucky recover hundreds of thousands of dollars in a wide variety of personal injury and consumer protection cases, including trucking accidents, wrongful death, medical malpractice, nursing home negligence and social security disability. In addition, Gerling Law takes pride in the fact that we have never represented insurance companies, hospitals or large corporations and that we fight against powerful companies for our clients. If you need an experienced, dedicated personal injury lawyer, Gerling Law is here to help.  You can always reach us at 888-GERLING (888-437-5464) or through our website at www.gerlinglaw.com.

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