MCV Law Blog
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If I have been injured in a car accident, how do I pay for my medical treatment?
We talked in my last blog that Personal Injury Protection (PIP), also known as No-Fault, is mandatory on every insured vehicle in New York State. Therefore, No-Fault will pay for your medical treatment regardless of who is at fault for the accident. However, there are limitations. No-Fault is only available up to $50,000 unless additional No-Fault coverage was purchased beyond the statutory minimum. You may be covered for medical treatment and prescriptions up to the available limit on the …
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If I have been injured in a car accident, how do I get my lost wages?
As you already know from reading this blog, if you have been injured in a car accident, No-Fault, with certain limitations, will pay your medical bills regardless of fault. In addition, No-Fault will pay your lost wages as well. In order to be eligible for lost wages, your treating physician must determine that you are unable to work due to the injury sustained in the car accident. You must request that your physician fill out a No-Fault form certifying that you are disabled due to the car ac…
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How to Appeal a Social Security Denial
Most initial Social Security Disability claims are denied. If you received a denial you should promptly file your appeal. You should not file a new application, unless the denial was for a technical reason, such as earning over the income limits. The denial notice tells you the steps you need to take to appeal your decision. When your initial claim for benefits is denied, the next step for claimants in most states, is to file a “Request for Reconsideration." The request for reconsideration m…
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Social Security disability benefits for older workers
In my practice, I meet with a lot of people who get injured and keep returning to work. Some of them do very physical jobs or work on their feet all day. Some of these people will not be able to do their jobs to the Social Security Administration’s full retirement age of 66+ years old. Many workers who are in their late fifties or early sixties with arm, knee, hip, back and/or neck problems have more and more pain after working for eight hours. These workers are thinking about giving up and taki…
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The Trial Work Period is a program where Social Security allows SSDI beneficiaries to try to return to work without losing their benefits. During the first nine months that you return to work, you will continue to receive your SSDI benefits. At the end of nine months of work, your trial work period is over, and the SSA will decide if you have been doing "substantial gainful activity," or SGA. (SGA for 2018 is generally earning $1,180 or more per month.) If your average earnings are over the SGA…
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Abraham Lincoln, this country’s 16th president, was an attorney
Abraham Lincoln, this country’s 16th president, was an attorney before being elected to the Illinois House of Representatives. As president he paved the way for the abolition of slavery and promoted the modernization of the economy. President Lincoln had a wife and four children when he was assassinated at the age of 54. When President Lincoln, an esteemed lawyer, died he died without a Will. Howard Hughes was a film producer/director of movies like Hell’s Angels in 1930 and Scarface in 1932…
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I don’t really have much, can’t I just make a list and leave it for my family?
Most people don’t realize that while you might not believe you have much some things still require legal authority to pass to family. Many assets, like bank accounts, stock, bonds, vehicles and pistols, cannot simply be given to someone when you pass, they require an order from the court granting a specific person the legal authority to transfer the title of these items. Many people also do not realize that if you do not have a Will prepared and properly witnessed, the State will determine how i…
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What else do I need besides a Will?
Many may recall the legal battle of Terri Schiavo, a woman from Florida that was in an irreversible vegetative state, which lasted from 1990 until 2005. The legal battle ensued when Terri’s husband wanted to remove her from life support, stating she would not have wanted to continue to live on artificial life support, while her parents disputed the doctor’s diagnosis and Terri’s husband’s assertions and wanted her to remain on life support stating that she would rather have quantity of life over…
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This question can be frustrating for clients. We have already looked at liability, it is clear that you were wronged; therefore SOMEONE should pay, and although this is true, the law doesn’t magically come up with a number to compensate you with. The law works in a way to compensate you for your loss, it is not, however, designed to punish individuals for their conduct or injuries to you. (In rare circumstances there are things called “punitive damages” but for the average person those will not …
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Do I have a case? A look at the DNA of a Civil Litigation matter
Many people come to lawyers very quickly after they feel they have been wronged. Although this is VERY important to do as there are a number of time limits, procedures and things that need to occur very shortly after being your property is injured; it is important to ask yourself a few questions before calling MCV so we can help. Over the next few months, I will be walking you through the steps and questions that are important to know and to think about as you wish to pursue a civil litigation m…