Happy New Year!

From everyone here at Hardison & Associates, here is to a great 2010 to you and yours. If you're going to be out tonight make sure to be safe. We'll see you back here on January 4th, 2010!

5 Questions About Social Security Disability Answered

Head Social Security attorney, Blair Biser takes on 5 questions about Social Security Disability. If you have a question about Social Security Disability, do not hesitate to send it to us and we'll get you the answer promptly. You can e-mail your question to wsc@lawyernc.com.

1. Do different Social Security laws apply to me now that I’m in a new State?
No. Social Security is a federal system that runs according to federal laws that apply in all States. Besides a few exceptions, Federal law governs the entire process.

2. I’ve just moved to a new state, but I have a case pending in my former state. Do I have to go back to the former state to finish my claim?
No. You can have your file transferred to the nearest Social Security office of Office of Hearings and Appeals in your new state.

3. How are retirement benefits different from disability benefits?
You are eligible to start receiving retirement benefits at age 62. However, if you file for and receive early retirement, you will have a permanently reduced payment. If you wait until your full retirement age of 65, you will receive the full amount of the retirement benefit to which you are entitled. Once you reach full retirement age, you are no longer eligible to apply for Disability Insurance Benefits.

4. I’m a young person. Is it impossible for me to be approved for Social Security benefits?
Absolutely not. Although proving that a young person is disabled is generally harder than proving that an older person is disabled, if your impairment is severe enough and you are genuinely unable to do any past work or to be retrained to do new work, you have a good chance of getting benefits.

5. I’m receiving private insurance and/or disability benefits. Will that reduce my Social Security disability payments?
If you are receiving Disability Insurance Benefits, any sort of private insurance, long/short-term disability or military disability will not reduce the amount of your Social Security benefit.
However, if you are receiving Supplemental Security Income, the amount you receive from any other disability payment source will reduce your SSI payment.

Hardison & Associates Young Lawyer Tips #15

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.

Perspectives from a 3rd Year Law Student

Now that I have one semester left of law school I am beginning to see the light at the end of the tunnel, however faint this light may be. These last two and a half years have been filled with many different challenges that have left me a different person.

To all that may want to go to law school, and for those who are just curious, I can say with confidence that most of the rumors you hear about law school are true. My step-father, who is an attorney, told me this old adage before entering law school, "As a first year student your professors will try to scare you to death, the second year they will work you to death, and the third year they will bore you to death."

Law school is a challenging ordeal that can bring about a lot of stress, but even more satisfaction. I encourage all those who are interested in going to law school to take the plunge and found out what an exciting adventure the law can be. If you're currently in law school, good luck this upcoming semester. If you're thinking about going to law school, prepare, prepare, prepare.

Check Us Out On Facebook

Today's post will be short and sweet. Add us on Facebook! If you add us on Facebook, all of our news and blog posts will show up in your Live News Feed where you can stay up-to-date without having to click around to 3 different sites! You can also look at all the upcoming events we will be going to and even check out pictures of events we're attending.

Happy Holidays

From everyone here at Hardison & Associates, we wish you a safe and joyful Holiday. We will see you back here on December 28th.

Holiday Links Day #2

Being the Holidays, we decided we'd make this week nothing but links and interesting stuff associated with this time of the season. Yesterday had some great music. Today, we check out some amazing light shows to music. Enjoy!

Holiday Links Day #1

Being the Holidays, we decided we'd make this week nothing but links and interesting stuff associated with this time of the season. Enjoy!

Friday Feed #35

2000s: Top 10 College Football Upsets
Sports Illustrated counts down the biggest College Football upsets of the past decade.

Pepsi Turns Ad Focus Online
Long time Super Bowl advertiser Pepsi is getting out of the game.

What Were the Worst Hollywood Remakes of the Decade?
Movieline.com opines on remakes that should have never been remade.

Top 10 Space Stories of the Decade
Discovery breaks down some of the finer space stories of the past decade.

4 Questions About Nursing Home Abuse Answered

1. What do I do if I suspect nursing home abuse?You should immediately notify the head of the nursing home and document it in writing. Ask them to investigate and call you. Make more frequent visits unexpectedly. Keep a close eye on the abused person. Follow up on your request. If it is something that is causing serious medical problems, request a doctor be consulted immediately. Follow up with the doctor. Start a journal of your visits to the home, what you observe, what you are told, and the problems you are seeing.

2. How is a nursing home case filed?A lawyer will conduct a thorough investigation into the facts and circumstances surrounding the abuse and make a determination if there would be a good chance the elderly person would recover money as a result of the abuse. The report from the N. C. Division of Facilities goes a long way in helping with this decision. Most elderly people need to have a court-appointed guardian to file the action as they are not usually competent to handle their own affairs. Once the lawyer determines that a good case exists, a complaint is filed with the Court against the nursing home.

3. What if someone dies as a result of abuse?The family of the deceased person must open an estate and have someone appointed to act as the Administrator of the Estate. This person then hires the lawyer and acts as the representative during the lawsuit. If the jury awards money, then the heirs of the deceased person inherit the money after paying the estate bills, attorney fees and costs.

4. What if I believe the abused person is in jeopardy or nothing is being done?
If you believe the matter is serious enough and you are not satisfied with the care being given or the follow up on any of your requests, you should immediately notify the North Carolina Division of Facilities. They have an investigation division that follows up on all complaints regarding nursing homes. The phone number is 919-733-8499. Follow up with this call and ask for a written report on their investigation. You can also make arrangements to have the abused person moved if need be.

Hardison & Associates Young Lawyer Tips #14

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 Lane.

Twitter. You may not know how it works, but there is no doubt you've heard about it. Just because you have a Twitter account doesn't mean you have to update it all the time with what your eating or where your located. You can sign up for an account and just follow interesting people.

Since you're currently in law school or at least thinking about attending, why not check out some people on Twitter who may be able to give you tips here and there to help you get through. Here's a list put together by Alisa Johnson. I think you will like it.

You can always follow us on Twitter!!!

Best of luck,

Rachel

Social Security Disability Benefits is Not the Only Program With Backlogs

If you follow the blog, you are well aware of the news concerning backlogs and the awarding of Social Security disability benefits. It's simply a problem, which in this economic climate, has grown to heights that have never been seen. There are many opinions out there to why these backlogs exist, but no matter what the simple fact remains that they do exist and people are not getting their benefits.

With all this being said, the Social Security benefits system isn't the only one seeing a backlog due to the current conditions. As this USA Today article by Marisol Bello shows, Unemployment and Food Stamp programs are also feeling the hit. For someone who can't work and seeking disability benefits, who would need food stamps to get by, this could be a very difficult time.

Friday Feed #34

8 Technologies To Change Your Future
Here are eight forecasts pulled from the pages of The Kiplinger Letter in 2009 that look at some promising developments to come.

10 Technologies We Were Promised But Never Got
Cool look back at predictions about the present time.

12 World's Weirdest Stadiums
Some great and not so great examples of architecture.

The Year in Pictures 2009
Time Magazine brings you some of the best pictures of 2009.

Deep Fried What?!
The Chicago Tribune looks at what people are deep frying these days.

Gingerbread House Contest Winners
ABC's Good Morning America crowns winners in a Gingerbread House contest.

Recall News: Toy Trucks Recalled Due to Violation of Lead Paint Standard

The following is a press release from www.recalls.gov, the US Government's website to alert consumers of recalled products. With the Holidays right around the corner and the probability of this product being sold in North Carolina, this is a very timely news as it is associated with a toy set. Picture courtesy of http://www.recalls.gov/.

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.

Name of Product: Super Rigs Play Sets

Units: About 700

Importer: Variety Wholesalers Inc., of Henderson, N.C.

Hazard: The toy truck’s surface coating contains high levels of lead, violating the federal lead paint standard.

Incidents/Injuries: None reported.

Description: This recall involves “Super Rig Transport” toy truck with trailer and vehicles. The truck and trailer are multi-colored, holding two vehicles and two action figures. “Super Rigs Play Set” is labeled on the outside of the packaging. The box back has a bar code square with Item No. 67007, Made in China and Bar Code 6-98567-67007-3. The bottom of the trailer has an engraved code 45TNGO9.

Sold at: Discount stores in the Southeast from September 2009 through November 2009 for about $20.

Manufactured in: China

Remedy: Consumers should immediately take the recalled toy away from children and return it to the place of purchase for a full refund or replacement product.

Consumer Contact: For additional information, contact Variety Wholesalers at (800) 678-7776 between 9 a.m. and 5 p.m. ET Monday through Friday or visit the firm’s Web site at http://www.vwstores.com/recall-information/

Common Injuries in Motorcycle Accidents

In North Carolina, 84% of people involved in motorcycle accidents between 2001-2006 suffered severe personal injuries, with 12% of those resulting in disability. Across the country, eighty percent of reported motorcycle crashes result in serious injury. It is crucial that everyone involved in a motorcycle accident gets medical attention regardless how minor the injuries may seem. Common injuries suffered include road rash, facial fractures and disfigurement, broken bones and burns. Injuries can range from minor to disabling, such as limb amputations, spinal cord injuries, paralysis and Traumatic Brian Injuries (TBI).

One of the most common injuries suffered in motorcycle crashes is road rash. Most people think it's just cuts, scrapes and bruises.

Falling and skinning your knee is one thing, but road rash is truly a different story. If your skin is not properly treated after a motorcycle crash, you may develop permanent damage such as skin irritations, infections and surface nerve damage to name a few.

Fractures, broken bones and burns are also common injuries that most don't consider severe. However, these injuries can result in disfigurement, permanent nerve damage, even disability. Protect yourself by wearing protective gear such as helmets, jackets and pants made of durable material such as leather, along with heavy boots and gloves. Injuries can be deceiving so don't take anything for granted.

Limb amputations, paralysis and traumatic brain injuries are life-threatening personal injuries. Those 'lucky' enough to survive these injuries, face circumstances detrimental to their quality of life. These injuries often lead to disability and many who experience these injuries require long term or assisted care. Paralysis occurs most often as a result of thoracic spine injuries. This type of injury is most common for those ejected from the motorcycle during the accident. Pain and tenderness in the neck and back may be signs of possible neurological damage. Not all lead to paralysis but all are dangerous and should be identified and treated immediately.

Eighty seven percent of those who lost their lives as a result of a motorcycle accident in North Carolina were ejected from their bikes at the time of impact and suffered some sort of head injury. Head trauma is the leading cause of death for motorcyclists involved in accidents. Ten percent of those who suffer Traumatic Brian Injuries (TBI) have trouble living independent lives. A TBI is caused by a severe blow to the head, resulting in a possible skull fracture leading to neurological complications by interfering with signals between the brain and spine. Simple symptoms like nausea and dizziness can signal brain or spinal trauma. Medical attention is imperative. If not treated in a timely manner, these injuries can lead to long term or permanent disability.

Hardison & Associates Young Lawyer Tips #13

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 Adam Bridwell.

In the past few weeks, we have been focusing on those who are already in law school. What if you are an undergrad and currently only entertaining the thought of applying to a law school? Well, we have you covered here too. Upon undergrad graduation, you have many decisions to make. Do you want to go out into the working world with your major? Do you want to go on to graduate/ law school? Would you like to work a couple years then try out a graduate or law school?

Depending on factors such as student loans and your personal financial situation, you don't have a long time to decide. If you are thinking about going the law school route, I have a link that will help you out. The 100 Best Law School Admission Tips of All Time will walk you through some things you need to be thinking about prior to undergrad graduation. It will also provide tips if you decide to jump in feet first with the law school application.

Best of luck,

Adam

Friday Feed #33

*Audi eSpira picture courtesy of Popular Mechanics

Wild Rides for Teenagers, Circa 2030
Every year the L.A. Auto Show organizers ask transportation designers to imagine how cars will look in the distant future. The result is usually a half-realistic, half-Jetsonian view of future rolling, transforming and flying vehicles. For 2009, the challenge focused on cars that will appeal to teenagers in 2030.

The Year's Most Amazing Scientific Images
It's near the end of the year, so expect all kinds of these "The Year's Most" list. This one checks out some amazing scientific pictures.

Vacillating Voiceovers: A History of Unreliable Narrators
Here's a list of 12 more films that have been controlled, manipulated, and sometimes illuminated by unreliable narrators.

Young Adults Who Exercise Get Higher IQ Scores
The title pretty much says it all doesn't it?

15 Brand Names Decoded
Ever wonder wonder why Google is named Google while you're Googling? Read this and you'll know why.

Top Ten Discoveries of 2009
Here's another "Top" list of 2009. This one is from National Geographic. Number 2 on the list is pretty crazy.

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

Date of injury: If your injury was caused by one event, the date it happened is the date of injury. If the injury or illness was caused by repeated events, the date of injury is the date you knew, or should have known, the injury was caused by work.

Death benefits: Benefits paid to surviving dependents when a work injury results in death.

Defendant: The party, usually an employer or its insurance company, opposing you in a dispute over benefits.

Delay letter: A letter sent to you by the insurance company explaining why payments are delayed.

Denied claim: A claim in which the insurance company does not believe that your injury or illness was work related and therefore denies your claim.

Disability: A physical or mental impairment that limits everyday activities.

Disability management: A process to prevent disability from occurring or to intervene early and encourage and support continued employment. Disability rating: See permanent disability rating.

Discrimination claim: A petition filed if your employer has fired or discriminated against you for filing a workers' compensation claim.

Dispute: A disagreement about your right to payments, services or other benefits.