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September 30, 2009

Toyota Motors Launch 6th Largest Recall Ever in the United States

Toyota Motors recently launched their biggest recall and the sixth biggest in US history when they went public with a driver side floor mat problem that could possibly affect 3.8 million drivers. The recall and public warning stems from a recent accident in California that involved a California Highway Patrolman and his family. The officer was driving a 2009 Lexus ES 350 which had all weather mats. Witnesses said that the Lexus was weaving in and out of traffic at a high rate of speed and eventually lost control completely. The car's estimated speed at the time of the crash was 120 MPH.

The problem with the floor mat is that it will not stay in place and moves up affecting the full range of motion in the pedals or getting caught in the pedals and causing a driver to lose control of their vehicle due to excessive speed. Toyota is currently working on options for replacements, but asks those who own a car in the list provided below to remove their driver side floor mats.


Makes, model years of the 3.8 million Toyotas with floor mat issues:

2007-10 Camry
2005-10 Avalon
2007-10 Tundra
2005-10 Tacoma
2004-09 Prius
2007-10 Lexus ES 350
2006-10 Lexus IS 250/350

Source: Toyota Motors/ USA Today

September 29, 2009

Hardison & Associates Young Lawyer Tips #3

Every Tuesday a selected attorney or law clerk of Hardison & Associates will share tips that helped them through law school and their early career as a lawyer. These tips will range from advice on how to study for the LSAT, law school classes and the bar exam to how to handle a case load once you start practicing in your selected area. If you would like one of your questions answered about becoming a lawyer please e-mail us at wsc@lawyernc.com.

This week Norman Adrian Wiggins School of Law student and Hardison & Associates law clerk John Paul Godwin offers tips for students who are just entering law school.

3 quick tips for students who are entering law school to ensure they start off on the right foot:

Tip 1:
Always brief your cases. Never rely on your memory or "book briefing." Have a written brief ready in class everyday.

Tip 2:
Make outlines of each class to prepare for exams. Begin this process a month before the exams begin to take place.

Tip 3:
After your first year, take classes that will give you a broad foundation. This will allow you to feel out different areas and you can find out which one sparks your interest.

September 28, 2009

5 Questions About Social Security Disability Hearings Answered

What happens if my Reconsideration is denied?
You have the opportunity to request a hearing with an administrative law judge. The judge will review all of the evidence in your file to determine whether Disability Determination Services made a mistake. Many denials are overturned at the hearing level.

Who will be at the hearing?
There will always be at least two other people besides you and your representative at a hearing. The judge will of course be present to hear your testimony. In addition, a clerk will be in the hearing room to make a recording of the hearing and to deal with any evidence that you may need to submit.

In some cases, a judge will ask a vocational expert and/or a medical expert to testify.

What will the judge ask me at a hearing?
Different judges ask different questions at hearings. Each judge has his or her own style of asking questions. However, most judges are trying to get the same information. The judges want to know how your impairment affects your ability to work. He or she will ask you about your daily activities, how much pain you experience and generally how your impairment affects you.

Can I have a witness testify on my behalf?
Yes. However, if someone testifies about your condition, it is best if that person is not a close friend or family member since a judge would expect such a person to be biased. However, if your condition is such that you are unable to describe the effects (for example, seizures during which you black out), then a family member would be the best witness to describe the condition.

Can a judge make a decision on my case without a hearing?
Yes. This is called an On the Record Ruling. A judge can make a decision on your cased based solely on the evidence in your Social Security file. However, you or your representative must make a request in writing that the judge do this.

September 25, 2009

Friday Feed #24

MDA Lock-Up October 8th in Durham. If you get a call from a friend that day, help bail them out.

Now on to the Friday Feed. A week of the best pictures, websites and articles from the Internet.

The Chicago Tribune runs down the films that received zero stars from its critics in the past decade.

Pictures That Make You Say 'Wow': Photographers Get Up Close and Personal With Wildlife
Possibly the best set of pictures we have posted on the Friday Feed thus far.

Some amazing photographs of a recent dust storm in the "Land Down Under."

Art with Adidas. Pretty cool concept.

This site allows you to design your own 2010 Mustang GT. You can check out the one we designed below.

September 24, 2009

Know Your North Carolina Workers Compensation Terms That Start With "S"

Settlement: An agreement between you and the insurance company regarding your workers' compensation payments and future medical care. Settlements must be reviewed by a workers' compensation judge to make sure they are adequate.

Serious and willful misconduct: A petition filed if your injury is caused by the serious and willful misconduct of your employer.

Specific injury: An injury caused by one event at work.

Stipulated rating: Formal agreement on your permanent disability rating. Must be approved by a workers' compensation judge.

Stipulation with award: A settlement of a case where the parties agree on the terms of an award. This is the document the judge signs to make the award final.

Stipulations with request for award: A settlement in which the parties agree on the terms of an award. Payment takes place over time.

Subjective factors: The amount of pain and other symptoms described by an injured worker that a doctor reports as contributing to a worker's permanent disability. Subjective factors are generally not given as much weight as objective factors.

Subpoena: A document that requires a witness to appear at a hearing.

Summary rating: The percentage of permanent disability.

September 23, 2009

Wisconsin Social Security Disability Backlog Among Nation's Worst

In a post we shared from the Detroit News a couple days ago there was a line that read, "Only Indianapolis, Indiana and Madison, Wisconsin trail the Oak Park office." The excerpt was speaking about the average processing times of Social Security Disability decisions by these aforementioned offices. While searching for Social Security Disability news today we ran across a very well written article by Chris Hubbuch of the LaCrosse Tribune in LaCrosse, Wisconsin.

The article starts out by sharing the story of a very hard working man named Craig Hams who received a kidney and pancreas transplant in 1998, then returned back to work. After returning back to work, his body became too weak for the rigors of his job and he applied for Social Security Disability benefits. He was, like most, denied in the initial application stage. He then took it to reconsideration. Again he was denied. After this he applied for a hearing. Then he waited for two years.

During this time frame, without work, Mr. Hams became homeless and stayed as he put it, "...wherever I could hang my hat." Stories like these have become far too common and a simple search on Google would result in many of them. With that being said, for every story present in the media there will be many more that do not get coverage.

While the backlog in Wisconsin may be to the bad extreme, Mr. Hams and those in a similar situation don't have six month, much less 2 years, to wait for a decision or a hearing with an Administrative Law Judge.

Some of these stories may close with a sad ending, but Mr. Hams, in the end, was able to get a hearing with an ALJ and was awarded benefits and also back pay from the time his appeal was pending.

The whole story is worth a read and you can access it here.

September 22, 2009

Hardison & Associates Young Lawyer Tips #2

Every Tuesday a selected attorney of Hardison & Associates will share tips that helped them through law school and their early career as a lawyer. These tips will range from advice on how to study for the LSAT, law school classes and the bar exam to how to handle a case load once you start practicing in your selected area. If you would like one of your questions answered about becoming a lawyer please e-mail us at wsc@lawyernc.com.

This week's tip comes from Norman Adrian Wiggins School of Law graduate Rachel C. Lane.


Q. Do your study habits need to change once you enter law school?
Just because you are in law school does not mean you have to change the way you study for classes. If you were very successful in undergrad with the way you studied, take the same system and apply it.

One thing that will change is the amount of time you will study. You don't want to burn yourself out, fall asleep or fall into a daze where you forget the last five pages you read. It's helpful to take breaks during long study sessions. Try some of the following:
  • Take a walk while listening to music to get energized and the blood flowing again.
  • Watch 15-30 minutes of TV to escape from intense study. It will clear your mind.
  • Eat something. Being hungry will take your focus off your studies.

With the longer amount of study time that is needed in law school, you may need to set schedules to study. This will help you get in a routine and your brain will begin to recognize what time it needs to be ready to consume information. Effective study is up to the individual. Find what works for you. When you find it, stick to it. It will go a long way in your success in the classroom and the future of your career.

September 21, 2009

Social Security Disability Backlog News From Michigan

As the year goes on, it seems like stories of Social Security Disability backlogs are becoming more and more frequent. Last week we shared a story from Utah about backlogs in the Social Security system. The Utah area has one of the best processing rates in America. Today we bring you a story from Michigan, which is the polar opposite of Utah in respects to processing time.

Where the Salt Lake City, Utah office is in the top 20 of average processing times, Michigan's Oak Park has the third longest waiting time at 676 days. Only Indianapolis, Indiana and Madison, Wisconsin trail the Oak Park office.

The Detriot News article also cites the economic environment as one of the factors of the boom in applications for Social Security Disability. With the automotive industry being an anchor of the Detroit area, the recent economic down turn has left many people without a job, therefore people who were once working through pains are now seeking benefits.

Quote from article:

"The average claimant now waits two years, somewhat longer to get a hearing. Our clients lose their homes, they're evicted from apartments, they lose their cars. Many choose between getting their prescriptions and food for their families and their kids."

- Michigan Disability Attorney Evan Zagoria

September 18, 2009

Friday Feed #23

The Summer is closing out, but the Friday Feed continues on.

T. Rex Ancestor Was Little Tough Guy
Scientist find out that before a T-Rex was real huge, they were about the size of a human. The mentality was the same though.

12 Rugged Adventures Through Exquisite National Parks
WebEcoist takes a look at some National Parks and provides some amazing pictures of each one.

The Wide World of Weird Sports
Time magazine uncovers some of the weirder sports in America. Ever seen a guy dressed up as a waffle wrestle? Click on this link and you can say you have.

The Stars of Northeast Minnesota
Awesome picture taken at Superior National Forest, which is a wilderness area boasting right over 1 millions acres of land.

WRAL Channel 5's Out and About
Looking for something to do in the Triangle this weekend? Check this out.

September 17, 2009

Know Your North Carolina Workers' Compensation Terms That Start With "P"

Party: Generally includes anyone who has an interest in your claim (i.e. the insurance company, your employer, attorney, etc.)

Permanent and stationary (P&S): Your medical condition has reached maximum medical improvement. Once you are P&S, a doctor can assess how much, if any, permanent disability resulted from your work injury.

Permanent disability: Any lasting disability that results in a reduced earning capacity after maximum medical improvement is reached.

Permanent disability rating: A percentage that estimates how much a job injury permanently limits the kinds of work you can do. It is based on your medical condition, date of injury, age when injured, occupation when injured, how much of the disability is caused by your job, and your diminished future earning capacity. It determines the number of weeks you are entitled to permanent disability benefits.

Permanent disability benefits: Payments you receive when your work injury permanently limits the kinds of work you can do or your ability to earn a living.
Permanent disability advance: A voluntary lump sum payment of permanent disability you are entitled to in the future.

Permanent disability payments: A mandatory bi-weekly payment based on the portion of permanent disability received before and/or after an award is issued.

Permanent partial disability benefits: Payments you receive when your work injury partially limits the kinds of work you can do or your ability to earn a living.

Permanent total disability benefits: Payments you receive when you are considered permanently unable to earn a living.

Penalty: An amount of money you receive because something wasn't done correctly in your claim.

Petition for reconsideration: A legal process to appeal a decision issued by a judge.

Pre-designated physician: A physician that can treat your work injury if you advised your employer in writing, before the injury occurred. You can pre-designate your personal doctor or a doctor of osteopathy (D.O.).

September 16, 2009

More News of Backlogs in the Social Security Disability Process

The waiting game people seeking Social Security Disability must play for a decision depends upon their location. Some offices are faster than others as shown by these documents. (1, 2, 3) As you can see, the Raleigh area ranks in at 105 with an average processing time of 555 days, which is roughly 1 year and three months.

Today comes a story from Fox 13 Now in Salt Lake City, Utah on the backlogs in the area. If you look at the linked list above you can see that the Salt Lake City is in the top 10 of the fastest processing times. If things are getting to this point in one of the top areas, imagine what situations are like in areas that are ranked very low.

September 14, 2009

3 Questions Answered About North Carolina Workers' Compensation

1. What should I do if I get injured on the job?
If you are injured on the job the very first step is to notify your supervisor. Make sure that an accident report is filed with the appropriate personnel of your employer. Even if your injuries are not serious you must still report your injuries as they become more problematic at a later date and failing to report them may hinder your claim. In addition if you need medical treatment then request it when you file your report with you employer.

2. Where do I go for treatment for my injuries?

Under the North Carolina Workers’ Compensation Act the insurance carrier has the right direct the medical treatment. You must find out from either your employer or your insurance carrier where you need to seek treatment. If they will not provide you with treatment then you can seek treatment on your own and then request that the Industrial Commission name this physician as your treating physician.

3. What if I am unable to return to my job due to my injury?
If you are unable to return to your previous position due to your work related injuries then the North Carolina Workers’ Compensation Act allows for the injured employee to be placed in vocational rehabilitation to be provided by the workers’ compensation carrier. A vocational rehabilitation counselor will be assigned to help the injured employee find suitable employment.

September 11, 2009

Friday Feed #22

A big thanks to the MDA for shining a light on all that they do within the Raleigh office and nationally this week.

Now it's time for the Friday feed.

How Hybrid Cars Work
Check out how hybrid cars work with less gas.

Device Plugs Into Tree For Power
A MIT study shows that trees can be a source a power.

WRAL Channel 5's Out and About
Check out what is going on in the Triangle this weekend.

The Tallest Abandoned Structures on Earth
Tall and out of date, but interesting to read about.

September 10, 2009

"Thank You" from the MDA

Dear Hardison & Associates,

The MDA Office Team is so grateful for everything you have done for our families this year. You have sponsored our newsletter, Camp T-shirt and Gala; answered phones at the Jerry Lewis Labor Day Telethon; participated in Stride ‘n Ride and attended the Picnic; you have even locked-up a co-worker or two. And you have lifted our office morale with pizza and breakfast deliveries during our most demanding month!

MDA was established in 1950 as a partnership between scientists and concerned citizens with the desire to find a cure for the neuromuscular diseases that affect more than a million Americans. In this spirit, the MDA supports more research on neuromuscular diseases than any other private-sector organization in the world. The goal that was established nearly 60 years ago is becoming more of a reality each and every day, thanks to the support of people and companies like Hardison & Associates.

Some of the most exciting breakthroughs are for the most common fatal genetic disorder called Duchenne Muscular Dystrophy. Because the Duchenne gene is carried on the X-chromosome, it primarily affects boys. It can happen to any family with about 30% of boys diagnosed having a new gene mutation (where the mother is not a carrier).

Ataluren, a brand name for the PTC-124 drug that has been tested for Duchenne MD, is in its “Pivotal” stage. This is the last stage that will be done with humans before they take the drug to FDA for approval. They expect that this drug will be on the market in early 2011...this drug will slow the progression of DMD for boys with nonsense mutation! This is about 15% of the boys with DMD that we serve. After steroids, this is the first real treatment option for our guys.

MDA helped to fund this research for an effective treatment—and now we can be the vehicle to make sure that every boy that can benefit from this drug will! But we need the continued support of our local community in order to make this happen.

So once again, the MDA Office would like to thank Hardison & Associates for everything that you have done for us this year. This research, these treatments, and most of all, the hope that you have provided to our families through your support is priceless.

Sincerely,

The Raleigh MDA Office
Marcy, Mary, Krissy, Laura, Maria, Kacey and Lauren

September 9, 2009

The Raleigh Lock-Up Results

Handcuffs. Mug shots. Jail cells. Bail. The Muscular Dystrophy Association locked-up Raleigh business leaders for having a kind heart on August 27 at the Capital City Club. It took over $107,000 to bailout the 130 Jail Birds that attended the lock-up! This makes the Raleigh Lock-Up (TELU) the largest lock-up of the year!

How far will $107,000 go?
  • 20 hours of groundbreaking research.

  • 53 pieces of equipment and 214 repairs.

  • 133 families will receive 4 free clinic visits for a whole year!

  • 133 children can attend camp.

The local families are always at the core of everything that happens at MDA. The Lock-Up gave the Jail Birds and the volunteers the opportunity to meet these families. Charlie, Ryan and James all attended the Lock-Up and they all have some form of Muscular Dystrophy.

Here are some more pictures from TELU:















Judges Chief Poole and James reading Jail Birds their rights



















Bill and Ryan



















Charlie posing with a Jail Bird at the Mug Shot Station

September 8, 2009

Jerry

For the next three days, articles will be coming from Maria DiLalla in the MDA office. If you have any questions you can contact the MDA office at 3401.office@mdausa.org or (919) 783-0222.

Once upon a time, there lived a man named Jerry. Jerry was an inappropriate, musically inclined comedian. But Jerry was not a bad guy, and in fact, Jerry had a big heart. So big, he wanted to help an organization with a very long, funny name that few people took the time to understand. No one knows why Jerry wanted to help this peculiar organization, but back in 1955 he hosted the first Telethon at Carnegie Hall.

Jerry has never missed a Telethon. He is the organization’s “number-one volunteer” in spite of all the skeletons in his closet and his near death appearance. Monday’s Telethon featured jump-roping tweens, flamboyantly dressed ladies, and a 21-year old Billy Gilman crooning. Jerry appeared throughout the day, fragile yet sincere, standing/sitting/scooter-ing on the Las Vegas stage.

For 20 minutes each hour, the live national broadcast would cutaway to the local networks. For these 20 minutes, the Raleigh audience was brought to the CW22 Highwoods Road studio for the local phone banks, check presentations and stories. The primary-colored set hosted the local phone bank with a dozen volunteers ready to answer the phones to take local donations. Even with a few blunders, the talent was wonderful and endearing.

And then there were the stories: the little boy, so full of life and personality but only has 8 more years to live; the family that raised over $11,000 for one event simply by asking people to give a little; the mother who lined her phone bank seat with images of her beloved son who passed away in August, 3 days before his first birthday; and then learning about the research, the break-throughs, the hope that is ACTUALLY out there! When you listen to these things, the checkered-past comedian, the 1970s TV set, and the gaffes really did not matter.

I spent my day checking in talent and volunteers, directing people to the commissary and answering questions. I had the best job that day because I spent time with the families. I watched the Telethon through their eyes, because for one day a year, the country is watching and Muscular Dystrophy is not some strange, long word anymore. For one day, others learn about what these families face on a regular basis.

I sat with a woman named Faye. Her daughter and her husband both have MD. She knew that because of the Telethon, she could say the words “Muscular Dystrophy” and her daughter’s teachers would understand. For her, the awareness created by the imperfect event has been a gift. Her daughter found a place where she belongs and a place to build confidence. The tears in her eyes reflect why we do this, why we volunteer our time, why we donate money, why we care.

For centuries people with a disability were shoved under a rug, forced to hide, and lived (if you can actually call it that) their life in shame. People did not want to learn about a multiple-syllable phrase, like Muscular Dystrophy, nor did they want to take the time to understand how they could help. But once upon a time, there lived a man named Jerry…

September 4, 2009

Friday Feed #21: Labor Day Weekend Edition

The summer is coming to an end, but the Friday Feed keeps on dishing it out.

WRAL Channel 5's Out and About
Check out what is going on in the Triangle are on Friday, Saturday, Sunday and Monday.

Why Twitter Scares The NFL
The NFL season is right around the corner, so Forbes.com breaks down why 140 characters scares a league full of 300 pound grown men.

7 Phenomenal Wonders of the Natural World
This is worthy of a click for the pictures alone.

How 20 popular websites looked when they launched
Check out what Google looked like when it first hit the internet in 1996.

1000 MPH or Bust: Behind the Scenes With Supersonic Car Tech
Richard Noble, project director of Bloodhound Supersonic, talks about taking a car to the limits.

Last, but not least......

The Jerry Lewis MDA Telethon
If you live in the Triangle area it will be on WB22 on Monday. Check it out!!!!

September 2, 2009

Information on Fibromyalgia

Fibromyalgia also referred to as FM or FMS, is a syndrome which is defined by discomfort and pain in muscles, ligaments and tendons in the body. The medical condition affects over six million in the United States. The pain is usually not centrally located and can be felt over the whole body. Patients, along with the pain, are tender over their whole body and discomfort can be felt when pressure is applied. To this day, the cause of fibromyalgia is still somewhat of a mystery to the medical community. There are many theories, but an exact cause has yet to be found.

Causes of fibromyalgia:
Heredity:
Like most medical conditions, fibromyalgia may be present in a person’s family history. This would heighten the risk of members of that family having minor to severe symptoms of fibromyalgia.

Accidents, Injury or Traumatic Experience:
Many times an accident, injury or traumatic experience can trigger symptoms of fibromyalgia.

Infection:
Hepatitis C, Epstein-Barr virus, parvovirus and Lyme disease all have similar symptoms and have been linked to fibromyalgia.

Autoimmune Disorders:
The body’s immune system is designed to rid a person’s body of anything that enters it which is deemed a threat to the person’s health. Over time the immune system develops a database of “threat” and “non-threat” substances to know when to attack and not attack. In most cases the immune system can differentiate between “self” and “not self”. When a person has an autoimmune disorder the body does not differentiate and will attack is own tissues. Autoimmune disorders include Rheumatoid arthritis, lupus, Scleroderma and Goodpasture's syndrome.

Symptoms of fibromyalgia:
Chronic Pain:
Pain is the main symptom of fibromyalgia. Aching, radiating, shooting, gnawing, burning, exhausting and nagging pain are all examples of the wide range of effect with the condition. The pain may not always be consistent in location or intensity. Some people who are effected by fibromyalgia may have more intense pain in the morning and it will improve during the day only to become intense again at night. Physical activity, stress or anxiety can also cause the level of pain to heighten. Along with the pain, many people who are affected by fibromyalgia experience tender spots in the neck, shoulders, upper chest, elbows, upper buttocks, hips and knees.

Fatigue:
Ninety percent of people who suffer from fibromyalgia describe that they have moderate to severe fatigue and lack of energy. They compare it to the fatigue that is felt when one has the flu or an extreme lack of sleep.Troubled Sleeping Patterns:
Many people, due to the pain and fatigue associated with fibromyalgia, have disrupted sleep patterns. If they are able to sleep well throughout the night, they still may wake up feeling groggy and fatigued. Many times their sleep becomes lighter and they will wake up during the night.

Memory Problems:
Short and long term memory can also be affected by fibromyalgia. In a study, which tested the memory capabilities of 30 women who suffered from fibromyalgia and 30 who were healthy, the results showed a dramatic fall off of short term memory in the ones who had fibromyalgia. The memory and cognative problems associated with fibromyalgia are so well documented that a term, “fibrofog”, exist for the state of not being able to remember or perform at regular levels with mental tasks.

Multi-Tasking Problems and Diminished Attention Span:
The term mentioned above, “fibrofog”, also refers to the feeling suffers get when they attempt to multi-task. Their attention span becomes shorter and they are not able perform on the same level as they were able to before the onset of fibromyalgia. Depending on the intensity “fibrofog” can make someone enable of doing simple tasks like doing the weekly shopping for grociers.

Depression and Axienty:
All of these symptoms combined can make the person who suffers feel alone and isolated. The lack of understanding from the medical community and the lack of a exact defined cure can also make the future look bare rendering the sufferer into bouts of depression. If the fibromyalgia becomes this bad the sufferer needs to seek support groups who understand what they are going through and help them through their bad days. If depression sets in, the physical aspects of the syndrome can be more overbearing as sufferers have noted that emotional distress as a factor in their more severe pains.

Treatment:
Analgesics:
Acetaminophen (Tylenol) can help ease the pain and stiffness from the physical effects of fibromyalgia. Depending upon the severity and the person, the effect will vary.

Antidepressants:
If a person’s mental state has taken a turn for the worse, a doctor may prescribe antidepressants to help with the emotionally taxing time with the syndrome.

Muscle relaxants:
Muscle relaxers may be prescribed on a short term basis to help treat for extreme muscles pains and spasms.

Pregabalin (Lyrica):
Pregabalin is the first drug to be approved by the Food and Drug Administration for the treatment of fibromyalgia. Originally designed as an anti-seizure medication, it may reduce the pain and improve function in people with fibromyalgia. In a study of the drugs effectiveness, half of the participants reported improvement in their symptoms.