Friday Feed #38

The Moon may have formed in a nuclear explosion
A new theory suggests the Moon was formed after a natural nuclear explosion in the Earth's mantle rather than after the impact of a massive object with the Earth, as previously thought.

Why Ostriches Can't Fly
The mass extinction that killed off dinosaurs might have been what grounded the ancestors of today's large flightless birds like the ostrich.

Most Memorable Super Bowl Ads
The Super Bowl is fast approaching. Check out some of the greatest ads to date.

The 19 most complex and dangerous roads in the world
Here is the list (with pictures of course) of the world’s most complicated and dangerous roads.

12 Cool Colored-Pencil Sculptures
Check out artist, Jennifer Maestre's, amazing sculptures.

10 Healthy (and 10 Terrible!) Vending Machine Snacks
Fitness Magazine runs down whats good and whats bad in the snack machine.

Pictures From the 2010 Wilson, North Carolina MDA Lock-Up

Yesterday, the Raleigh MDA office held their first Lock-Up of the 2010 season in Wilson, North Carolina. The great folks of Wilson came out in full force. The Arts Council of Wilson building on Nash St. was packed full of people calling their friends and family asking to help them raise money to fund the MDA services in the area. Here are some pictures we snapped while in attendance. To see all the pictures, please visit the photo gallery.

Hardison & Associates Team Up For Hoops 4 Hope

This year's MDA Stride and Ride has taken a turn to the hardwood. Using March Madness as a template, the Raleigh MDA office started the Hoops 4 Hope this week. Round One is a competition to see which team can raise the most funds by their Internet site only. Hardison & Associates has created a team (if you couldn't tell by the nifty team logo above), the Legal Eagles.

We welcome anyone who visits our blog to donate funds to the MDA for a great cause. To donate, you can visit our team page HERE or get in contact with the great folks at the Raleigh MDA office by dialing (919) 783-0222.

Here's a few things your donations go to throughout the year:
$30 Flu Shot
$74 One Minute of Research

$100 One Support Group

$300 MDA Clinic
$500 Repairs To Medical Equipment
$800 Send One Kid To Camp

5 Questions About Social Security Disability Answered

1. 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.

2. I’m an older person. Does this mean it will be easier for me to get Social Security benefits?
Not necessarily. You still must show that you have a severe impairment that prevents you from doing past work.

3. I was injured on the job and I’m getting Worker’s Compensation payments. Can I receive Social Security disability benefits too?
Yes, most likely, if you are approved for Disability Insurance benefits. However, your benefit amount may be reduced depending on how much you receive in Worker’s Compensation payments.

You will most likely not be able to receive Supplemental Security Income if you are receiving Worker’s Compensation payments. However, this depends on the amount you receive.

4. So I’m not completely disabled. I’ve been declared 60% disabled by someone else. Can I get partial social security benefits?
No. With social security benefits, it’s all or nothing. You are either disabled or not disabled. However, if your condition keeps you from doing any past work or any other kind of full-time work, you are disabled by Social Security’s standards.

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.

If you have a question about Social Security Disability that you need answered, please e-mail Blair at blair@lawyernc.com.

Social Security Administration Makes New Data Available to Public

The following is a press release from the United States Social Security Administration concerning data about beneficiaries made available to the public. The information was released Friday January 22, 2010.

Michael J. Astrue, Commissioner of Social Security, today announced that the agency is making new data about beneficiaries and the agency’s disability and hearing processes available to the public. The new data supports the President’s Transparency and Open Government initiative and is available at www.data.gov.

“I applaud President Obama’s commitment to creating an unprecedented level of openness in government and the new datasets we are posting far exceed what was asked of us,” Commissioner Astrue said. “Social Security has always valued transparency and sought to give the public user-friendly information about our programs. Each year we send millions of Americans personal information about their Social Security contributions and potential benefits.

Our website www.socialsecurity.gov has a wealth of information about our programs and the Social Security trust funds. I hope the new data we are making available will lead to a better understanding of our operations and the important role we play in people’s lives. I look forward to engaging Americans in the business of their government.”

Here are a few examples of the value of the Social Security datasets available today:
Researchers can find out about the work-related experiences of our beneficiaries receiving Social Security disability benefits and give us policy guidance for our disability programs. The public can see information about hearings workloads and a breakdown of the types of decisions made by Administrative Law Judges.

Researchers can study the effects of current and proposed legislative and program provisions. People who have requested a hearing on their disability claim can estimate the amount of time they may have to wait for the hearing to be held and for a decision. The public can see general information requested under the Freedom of Information Act.

“These new datasets are just the beginning of our efforts. In February we will launch our Open Government webpage that will include improved access to our data in a variety of formats. In April we will publish our Open Government plan,” said Commissioner Astrue. “Let me also reassure all Americans that while our goal is to become more open and transparent, we will continue to vigilantly protect the personal information the public entrusts to us. We will ensure that transparency does not put that information at risk.”

To read the President’s Memorandum on Transparency and Open Government, click here.

Friday Feed #37

Top 10 Tallest Buildings in the World
Portfolio.com has created an interactive graphic featuring information on the tallest buildings in the world.

Unbelievable Celebrity Phone Book Carvings
Alex Queral is a Philadelphian sculptor best known for using old phone books to carve their pages into celebrities faces. You have to check this out.

How does an outfielder know where to run for a fly ball?
Figuring out what actions that are taken to catch a fly ball seems a little harder than actually catching a fly ball.

Top 10 Most Stolen Cars in the US
Think again before you buy that 1994 Honda Accord.

Martin Luther King Jr. Day 2010

"I have a dream that one day this country will rise up and live out the true meaning of its creed: "We hold these truth the be self evident: that all men are created equal."

- Martin Luther King Jr., 1963

Friday Feed #36

The Holidays put a kink in our Friday Feed, but now we're back better than ever.

How Brain Training Can Make You Significantly Smarter
Train the brain and get smarter. Seems logical.

Our Brains Are Confused About Time
A recent study published in the journal Psychological Science has found our concept of time is distorted, and we consistently underestimate how much time has passed since events in the past, condensing the time.

"The King" Turns 75
Today would have been Elvis' 75th birthday. Billboard.com celebrates in picture and song.

15 Companies That Originally Sold Something Else
Avon started out as a door-to-door book sales business. See how it turned into a makeup business.

Dog Bites: 5 Prevention Tips To Remember

1. Do not approach an unfamiliar or stray dog.

2. Never panic and run away from a dog running and screaming.

3. If approached by an unfamiliar dog, stand "like a tree"

4. Do not disturb a dog when it is sleeping, eating or tending to its puppies.

5. Never leave children alone with a dog.

FAQ's Regarding A Vehicle Damage Claim

The cost of hiring a lawyer to handle your vehicle damage claim is generally not practical. The cost of direct attorney assistance is too high. Even a lawsuit without a lawyer’s assistance may not be a reasonable option. A lawsuit takes time. When your primary objective is to get your car repaired as quickly as possible, the time required for a lawsuit can be counter-productive. We hope these FAQ's will aid you in negotiating your vehicle damage claim without having to hire a lawyer. If you have a question, please visit asklawyernc.com and ask us. We will have an answer to you in 24 hours.

1. Do I have to wait until my personal injury claim is settled to resolve my vehicle damage claim?
No. Your property damage claim can be handled through the liability adjuster without affecting your personal injury claim. Most property damage claims are handled soon after the accident, whereas your personal injury claim can take months depending on your injuries and treatment.

2. Is there any reason for me to delay settling my vehicle damage claim?
Normally no. You have a duty to mitigate damages, thus it is important to minimize your loss. Settling your property damage quickly and efficiently can reduce possible fees such as storage fees and rental car fees. Moreover, the liability carrier is only required to pay for a rental car for a reasonable period of time. Therefore, waiting an unreasonable amount of time could incur charges that you will be responsible for paying.

3. Should I use my own collision coverage?
Yes, if the liability carrier is not taking care of the property damage quickly or efficiently, then
file with your own insurance company. You will have to pay the deductible, but your insurance company will attempt to recover the damages from the liable driver’s insurance company.

4. How does the deductible work?
When you bring your car to a body shop for repairs, the deductible is the amount you will be responsible for paying in addition to the amount your insurance will cover.

5. Won’t my rates go up if I use my own insurance coverage?
Normally, insurance companies do not raise an insured’s rates or cancel coverage for making a claim that is not the insured’s fault.

6. Can I settle with both my insurance company and the other driver or his insurance company for the same vehicle damage?
No. If your insurance company handles your property damage and another vehicle was liable, then your insurance company has a right of subrogation. This means, they have the right to recover the amount your insurance company paid on your claim from the liable driver’s insurance company.

7. What if I don’t have collision coverage?
If you do not have collision coverage, but you were not at fault in causing the accident, then the liability insurance carrier who insures the at fault driver should handle your property damage.

8. With whom will I be working?
During the process of resolving your property damage, and upon consent by your attorney, you will deal directly with a property damage adjuster or appraiser from either your or the liable driver’s insurance company.

9. Should I give the insurance company a recorded or written statement of the facts of the accident?
No. Before making any statements to an adjuster, you should talk to your attorney. If your attorney approves a statement to the insurance company, he or she will most likely want to be present while the statement is taken. If you do give a statement, request to have a copy of the statement sent to you. If, during the statement, the insurance company asks you questions about your personal injury claim, let them know you are represented by an attorney and would like all correspondences and questions about your personal injury claim to go through your attorney.

10. What if the responsible driver is uninsured and I don’t have collision coverage?
Under North Carolina law, you have uninsured property damage for $25,000, unless your insurance agent required you to sign a rejection form. Thus, you could be covered under your automobile policy for uninsured property damage.

*Photo courtesy of adam*b by way of Flickr Creative Commons.

Hardison & Associates Young Lawyer Tips #16

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, Heather M. Beam, offers tips and experiences as a 3L.

Perspectives from a Third Year Law Student

As I approach my last semester of law school, I am both excited and disappointed to graduate. I am excited to begin my career as an attorney, and I am disappointed because law school has been challenging and fulfilling. Most people will tell you that law school is one of the most difficult times of your life, and while that is true, it is also one of the most rewarding times of your life.

The first year of law school is probably the most difficult year, but the second and third years are exciting as you begin to take classes in the area that you want to practice in. I was also fortunate to be able to participate as a member of the school’s national moot court team, and that was the most valuable experience of my life to this point. Nothing can compare to arguing on behalf of your client in front of appellate judges, and I highly encourage those in law school to participate in their school’s moot court competitions. It will strengthen you as both a person and a future attorney.

If you are considering applying to law school, I highly recommend that you do. It will be one of the best decisions you have ever made. If you are currently in law school, appreciate every moment of it and good luck with the upcoming semester.

Substantial Gainful Activity in Social Security Disability

A great post on Gordon Gates' Social Security Disability Blog about the substantial gainful activity rate for 2010 reminded us that we have not covered this subject at all on our blog. So in our first post of the New Year we will do just that.

1. What is substantial gainful activity (SGA)?
Each year, a dollar amount is set by the Social Security Administration. This dollar amount is used as a monthly threshold of being active in gainful activity (making as much or more than threshold) or not being active in gainful activity (making less than the amount).

From the Social Security Administration website: To be eligible for disability benefits, a person must be unable to engage in substantial gainful activity (SGA). A person who is earning more than a certain monthly amount (net of impairment-related work expenses) is ordinarily considered to be engaging in SGA.

You can view historic SGA amount here.

2. Where does the SGA number come from?
The number is based off of a national average wage index.

For a historic view of the national average wage index click here.

3. What is the SGA in 2010? What was it in 2009?
The SGA in 2010 will be $1,000 for non-blind persons. This is a $20 increase from 2009's $980 SGA.

4. $1,000 for non-blind? Are there different SGA's?
Yes, the Social Security Act specifies a higher SGA amount for statutorily blind individuals. The amount for 2010, which was the same as 2009 due to no cost of living increase in 2010, is $1640.

If you haven't checked out Gordon Gates' Social Security Disability Blog, it is a must read. It has lots of great information and he wraps up each week with some of the best Social Security Disability post from blogs around the nation.