A press release from the Social Security Administration states that Vice President Joe Biden and Michael J. Astute, Commissioner of Social Security, announced that the federal government will send out $250 stimulus payments to people who receive Social Security Income benefits at the first of May and will continue throughout the month. The payment will simply come within the month separately from the persons regular monthly check. The checks combined will inject $13 billion into the economy.
Quotes:"The Social Security Administration and Commissioner Astrue have been working closely with other federal agencies to get these payments out the door in record time and into the hands of folks who need it most. These are checks that will make a big difference in the lives of older Americans and people with disabilities - many of whom have been hit especially hard by the economic crisis that has swept across the country."
-Vice President Joe Biden
"We have been working diligently to issue the $250 one-time recovery payments as soon as possible. The legislation requires extensive coordination with other federal agencies and I’m pleased we are on track to issue these recovery payments earlier than the statute requires. Soon more than $13 billion will be in the hands of more than 50 million Americans."
-Social Security Commissioner Michael J. Astute
Additional Information:
More detailed information can be found at the following address: www.socialsecurity.gov/payment
The press release can be viewed here.
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March 31, 2009
Four North Carolina Workers' Compensation Myths
Myth #1: My employer will file all necessary forms to protect my claim.The employer is required to file a Form 19 report of injury to the Industrial Commission. This form does not protect your claim. You must file notice to the employer and a Form 18 with the Industrial Commission.
Myth #2: Workers' compensation claims require that I sue my employer.
This is not true. You file a claim (not a suit) with the North Carolina Industrial Commission which is a state government agency that oversees workers' compensation claims in North Carolina. Workers' compensation is an administrative hearing process and is not civil litigation. An injured worker is really filing the claim against the employer's insurance company most of the time unless the employer is uninsured or self insured.
The Industrial Commission is the judicial body that hears motions and hearing requests through appointed judges called Deputy Commissioners. There is no right to a jury trial in a workers' compensation claim.
Myth #3: I can collect for pain and suffering.
This is not true. The purpose of the Act is to compensate the employee for lost wages, medical treatment and diminished future earning capacity. The Act does not allow for compensation for pain and suffering.
Myth #4: My employer states that since the accident was my fault I can't pursue a workers' compensation claim.
This is not true. Workers' compensation is a no fault system. The accident can be 100% your fault and you still are entitled to full benefits under the North Carolina Workers' Compensation Act.
March 30, 2009
Old Navy Stuffed Toy Recall
The U.S. Consumer Product Safety Commission recently announced a voluntary recall of 35,500 stuffed animals purchased at Old Navy and oldnavy.com from July 2008 to February 2009. The stuffed toys (pictured) have two button eyes that could possibly detach from the toy posing a choking hazard to young children.The toys, which were sold for between $6 and $10, can be returned to any Old Navy store before July 1st, 2009 for a full refund and also a $5 coupon toward any future Old Navy purchase. If purchased online, contact Old Navy for instructions for returning the toy for a full refund. For additional information, contact Old Navy toll-free at 1-866-580-9930, visit their website at http://www.oldnavy.com/, or e-mail at custserv@oldnavy.com.
US Supreme Court Decision Makes Drug Makers More Accountable
A very important decision was handed down by the US Supreme Court. The Court ruled that federal approval of labels giving warning about effects of drugs does not allow lawsuits under state law claiming inadequate warnings are a health risk. The ruling came in the case Wyeth vs. Levine, March 4th, 2009.What does this mean for you as a consumer? It means that just because the F.D.A. approves a warning label, it does not preclude a state lawsuit for inadequate warnings of the drug’s risks and side effects.Before this case, the drug companies had hidden under the F.D.A.’s wing and claimed that once the F.D.A. approved the labels individual state laws were preempted (overridden by federal law). This case is important for consumers in that it gives people who have been injured a right to sue in state court if they have a case under state law.
At Hardison & Associates we have started our own defective drug and medical device division. Brandon Evans, who used to work with a law firm that only did these types of cases, heads up the division.
We are now handling defective drugs and defective medical device cases here in house instead of referring them out to some out-of-state law firm. Ben and I felt that by keeping these types of cases in house we could ensure that our clients were getting the exceptional client service we are known for.
Hope all of you and your families have a blessed Easter.
Until Next Time,
Ken
Mass Torts and How They Affect You
The term “mass torts” simply means that there was an act of negligence on the part of an individual or company that resulted in many people being injured or causing death. Examples would include companies that neglect the fact that their workers are being exposed to asbestos, pharmaceuticals that are improperly tested and even more recently, peanut butter that is found to have salmonella. In all of these examples the person or company that produced these products or fostered an environment for exposure can be held responsible for the resulting injuries. Following are four very frequently asked questions about mass torts to help you better understand the process and what kind of action is needed when you believe you may be affected by one.
Why are mass torts different?
A mass tort claim will involve many parties and court jurisdictions. The massive amount of money the accused company or entity throws out to defend these actions requires the ability of several firms to represent the interests of the injured parties. The process is a very lengthy one and requires patience and an understanding that this size of lawsuit will not resolve easily.
What is the result of a mass tort?
Our system of justice allows claims such as these to be the watchdog for the American public. We should hold defendants who provide services or products to a higher standard. When that standard is breached, they should be accountable. By bringing the negligence before the courts, many people who may have been injured will be protected because a product will be recalled, information will be made widely available so people can be aware of the dangers and it can save lives.
What do I do if I believe I have been injured with other people as a result of negligence causing a mass tort claim?
Immediately contact a lawyer who is involved in mass tort claims. The ability of this lawyer to network with lawyers across the country involved in this claim is crucial. Hardison & Associates are part of a network of lawyers through the Association of Trial Lawyers of America. This association works to stay informed of the latest claims and meet throughout the year to make sure we are providing the best possible representation for all of our clients.
What if I don’t know if there is a claim?
Every mass tort claim started with one person who suspected something wrong. Don’t be afraid to ask. Contact a lawyer if you suspect that a product is defective or a drug is not doing what it claims to do and you notice a pattern. Being the protector of the general public can start with you.
Recent mass torts:
Fosamax
Fosamax is a prescription drug used for bone loss which may cause necrosis (the death of living cells or tissues) in the jaw and other bones.
Contact physician if any of the following warning signals develop:
• Swelling
• Infection to the gums
• Loosening of teeth
• Poor healing of gums
• Numbness or feeling of heaviness in jaw
• Exposed bone
Ortho Evra
Ortho Evra is a contraception patch that exposes women to 60% more estrogen than normal birth control pills. This spike puts women at a higher risk for blood clots than previously discovered. The FDA has since approved labeling that warns healthcare providers and patients of the increased risk.
Contact physician if any of the following warning signals develop:
• Sharp chest pain, coughing of blood, or sudden shortness of breath (indicating a possible clot in the lung).
• Pain in the calf (indicating a possible clot in the leg).
• Crushing chest pain or tightness in the chest (indicating a possible heart attack).
• Sudden severe headache, vomiting, dizziness, fainting, disturbances of vision or speech, weakness, or numbness in an arm or leg (indicating a possible stroke).
• Sudden partial or complete loss of vision (indicating a possible clot in the eye).
• Breast lumps (indicating possible breast cancer or fibrocystic disease of the breast; ask your doctor or health care professional to show you how to examine your breasts).
• Severe pain or tenderness in the stomach area (indicating a possibly ruptured liver tumor).
• Severe problems with sleeping, weakness, lack of energy, fatigue, or change in mood (possibly indicating severe depression). • Jaundice or a yellowing of the skin or eyeballs accompanied frequently by fever, fatigue, loss of appetite, dark colored urine, or light colored bowel movements (indicating possible liver problems).
Why are mass torts different?
A mass tort claim will involve many parties and court jurisdictions. The massive amount of money the accused company or entity throws out to defend these actions requires the ability of several firms to represent the interests of the injured parties. The process is a very lengthy one and requires patience and an understanding that this size of lawsuit will not resolve easily.
What is the result of a mass tort?
Our system of justice allows claims such as these to be the watchdog for the American public. We should hold defendants who provide services or products to a higher standard. When that standard is breached, they should be accountable. By bringing the negligence before the courts, many people who may have been injured will be protected because a product will be recalled, information will be made widely available so people can be aware of the dangers and it can save lives.
What do I do if I believe I have been injured with other people as a result of negligence causing a mass tort claim?
Immediately contact a lawyer who is involved in mass tort claims. The ability of this lawyer to network with lawyers across the country involved in this claim is crucial. Hardison & Associates are part of a network of lawyers through the Association of Trial Lawyers of America. This association works to stay informed of the latest claims and meet throughout the year to make sure we are providing the best possible representation for all of our clients.
What if I don’t know if there is a claim?
Every mass tort claim started with one person who suspected something wrong. Don’t be afraid to ask. Contact a lawyer if you suspect that a product is defective or a drug is not doing what it claims to do and you notice a pattern. Being the protector of the general public can start with you.
Recent mass torts:
Fosamax
Fosamax is a prescription drug used for bone loss which may cause necrosis (the death of living cells or tissues) in the jaw and other bones.
Contact physician if any of the following warning signals develop:
• Swelling
• Infection to the gums
• Loosening of teeth
• Poor healing of gums
• Numbness or feeling of heaviness in jaw
• Exposed bone
Ortho Evra
Ortho Evra is a contraception patch that exposes women to 60% more estrogen than normal birth control pills. This spike puts women at a higher risk for blood clots than previously discovered. The FDA has since approved labeling that warns healthcare providers and patients of the increased risk.
Contact physician if any of the following warning signals develop:
• Sharp chest pain, coughing of blood, or sudden shortness of breath (indicating a possible clot in the lung).
• Pain in the calf (indicating a possible clot in the leg).
• Crushing chest pain or tightness in the chest (indicating a possible heart attack).
• Sudden severe headache, vomiting, dizziness, fainting, disturbances of vision or speech, weakness, or numbness in an arm or leg (indicating a possible stroke).
• Sudden partial or complete loss of vision (indicating a possible clot in the eye).
• Breast lumps (indicating possible breast cancer or fibrocystic disease of the breast; ask your doctor or health care professional to show you how to examine your breasts).
• Severe pain or tenderness in the stomach area (indicating a possibly ruptured liver tumor).
• Severe problems with sleeping, weakness, lack of energy, fatigue, or change in mood (possibly indicating severe depression). • Jaundice or a yellowing of the skin or eyeballs accompanied frequently by fever, fatigue, loss of appetite, dark colored urine, or light colored bowel movements (indicating possible liver problems).
Employee Spotlight: Rachel C. Lane, Social Security Disability Division
In the summer of 2008, Rachel Lane joined the Social Security Disability division at Hardison & Associates. Originally from Danville, Virginia, Rachel attended the University of North Carolina at Greensboro and majored in Political Science before earning her Juris Doctorate at Campbell University’s Norman Adrian Wiggins School of Law. Rachel feels obtaining social security benefits and/ or supplemental security income benefits can be a complex and difficult process to navigate, therefore, she feels this is an area that she can truly help people in need.For fun Rachel enjoys traveling, watching movies and spending time with close friends and family. Also, she took dance classes for many years. Her favorite type is modern dance. She also enjoys taking Pilates or yoga classes from time to time.
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