Sandhills Bike Fest 2010

This past weekend, we packed up the truck and Ben and Justin hopped on their Harleys and we headed down to the 2010 Sandhills Bike Fest in Cameron, North Carolina. The three day event of music, games and fun benefited the The Shamrock Baptist Church Boys' Home and St. Joseph's Retirement Home. The weather couldn't have been better for the ride down and stayed that way for the remainder of the day. We met some great folks from the area.

We've been to some great events in 2010 and along the way have met some great people with great stories. The Sandhills Bike Fest once again was no different as we met Mickey, the President of Bikers for Bikers Foundation (BFBF). This is a great organization that helps out bikers when they are injured in accidents. As we've seen many times through our legal work, the time after an accident can be a stressful and confusing one. It's awesome to see organizations like this one.

Below are some pictures, but you can check them all out here:

What is Contributory Negligence?

When someone refers to the state of North Carolina having contributory negligence, what exactly are they saying? In a nutshell, if it can be proven that someone contributed to their own injury, only a little bit, they will be barred from any kind of recovery.

Let's put this in a real life example:
Let's say Bill takes off on his motorcycle for a ride. He makes his way into the city where he is going to go grab some lunch. Bill is nearing a gas station when all of a sudden a black SUV pulls out in front of him. Bill crashes into the side of the SUV. Bill suffers some pretty bad, but not life threatening injuries. On the surface, it looks like the the driver of the SUV is totally at fault or at least has the lion's share of the negligence, but in North Carolina this does not matter at all. When Bill's case goes to trial, it is found that he contributed to his own injuries because of his failure to keep a proper lookout while riding his motorcycle. Bill is barred from any kind of recovery for his injuries.

Videos on Fibromyalgia

If you've read our blog, you may have seen many posts on the topic of fibromyalgia. We work to stay up-to-date on this condition because we have many clients who suffer from it after their injury. Additionally, it may be a big factor in a person's Social Security disability claim. A big theme in our firm is education. Learning, no matter the subject, will better prepare someone going forward. Today, we're continuing the education on fibromyalgia by posting some videos from YouTube on the subject:

No Cost of Living Adjustment For 2011

The Social Security Administration recently announced that there will be no Cost of Living Adjustment for 2011. This is the second year in a row that there will be no adjustment. For a closer look on how the COLA is determined, please check out this post we published over a year ago on the subject. You can also view our post on the 2010 COLA. Following is the official announcement from the Social Security Administration on the 2011 COLA:

Monthly Social Security and Supplemental Security Income (SSI) benefits for more than 58 million Americans will not automatically increase in 2011, the Social Security Administration announced today.

The Social Security Act provides for an automatic increase in Social Security and SSI benefits if there is an increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) from the third quarter of the last year a cost-of-living adjustment (COLA) was determined to the third quarter of the current year. As determined by the Bureau of Labor Statistics, there is no increase in the CPI-W from the third quarter of 2008, the last year a COLA was determined, to the third quarter of 2010, therefore, under existing law, there can be no COLA in 2011.

Other changes that would normally take effect based on changes in the national average wage index also will not take effect in January 2011. Since there is no COLA, the statute also prohibits a change in the maximum amount of earnings subject to the Social Security tax as well as the retirement earnings test exempt amounts. These amounts will remain unchanged in 2011. The attached fact sheet provides more information on 2011 Social Security and SSI changes.

Information about Medicare changes for 2011, when available, will be found at www.Medicare.gov. The Department of Health and Human Services has not yet announced if there will be any Medicare premium changes for 2011. Should there be an increase in the Medicare Part B premium, the law contains a “hold harmless” provision that protects more than 70 percent of Social Security beneficiaries from paying a higher Part B premium, in order to avoid reducing their net Social Security benefit. Those not protected include higher income beneficiaries subject to an income-adjusted Part B premium and beneficiaries newly entitled to Part B in 2011. In addition, almost 20 percent of beneficiaries have their Medicare Part B premiums paid by state medical assistance programs and thus will see no change in their Social Security benefit. The state will be required to pay any Medicare Part B premium increase.

For additional information about the 2011 COLA, go to www.socialsecurity.gov/cola.
For additional information about changes in the national average wage index, go to www.socialsecurity.gov/OACT/COLA/AWI.html.

10 Tips for Halloween Safety

Take these steps to ensure your and your child’s 2010 Halloween is a fun and safe one:


1. If you are going to let you children go into the neighborhood alone, make sure they check in with you every hour by cell phone or by stopping back by your house.

2. Make sure they know the route to take on Halloween night. Take them out in the neighborhood before the big night and walk them step-by-step where they are supposed to go.

3. If you don’t want your children to go out in a group without adult supervision, but are unable to go yourself, see if there are any adults in your neighborhood who are walking their children around and see if they care if your child is included in their trip.

4. Make sure your child’s costume is safe. It should be fire proof or treated with a fire retardant to ensure maximum safety. If they are going to wear a mask, make sure the eye holes are big enough where they have maximum vision.

5. Cook up some treats to feed your children before they go out for the night. This way they will not be tempted to eat any of the candy they receive before they bring it back and you are able to make sure it is all safe.

6. If your child’s costume involves a prop (sword, knife, etc) make sure the sides and tips are smooth. Also, check to make sure it is flexible where it will not cause any harm if your child falls at some point during the night.

7. Make sure your child knows not to get in any cars or go into anyone’s house during the course of the night.

8. If you have two children going trick-or-treating, make sure the older child knows to always look out for the younger one. This means holding their hand as they cross streets and making sure the younger one is always by their side when approaching houses.

9. Before Halloween, go out and buy each child in your family a flashlight. Even if your neighborhood is well lit, this will ensure they will not be in the dark.

10. To ensure your child is always noticed, buy your children reflective stickers, glow sticks or flashing Halloween decorations to put on their costume or around their ankles and wrists.

Social Security Fast-Track Disability Processes Get Even Faster

The following is a press release from the Social Security Administration about news rules with the Fast-Track Disability Services. The Fast Track Disability Services is comprised of the Quick Disability Determination (QDD) process and Compassionate Allowances.  

Michael J. Astrue, Commissioner of Social Security, today announced that the agency has published final rules that will further reduce the time it takes to decide applications for disability benefits from those persons with the most severe disabilities—a process that currently takes less than two weeks on average. The new rules allow disability examiners to make fully favorable determinations for adult cases under the agency’s Quick Disability Determination (QDD) and Compassionate Allowance (CAL) processes without medical or psychological consultant approval. It also will help the agency process cases more efficiently as it will give medical and psychological consultants more time to work on complex cases where their expertise is most needed.


“The new rules we are publishing today will help us get disability benefits to the most severely disabled Americans even faster,” Commissioner Astrue said. “This year, more than 100,000 people benefited from our fast-track disability processes and received decisions in a matter of days rather than the months and years it can sometimes take. I am pleased that our fast-track processes will now be even faster and help speed much needed benefits to our most vulnerable citizens.”

Under Social Security’s QDD process, a predictive computer model analyzes specific data within the electronic disability file to identify cases where there is a high likelihood that the claimant is disabled and we can quickly obtain medical evidence. The CAL process currently identifies 88 specific diseases and conditions that clearly qualify for Social Security and Supplemental Security Income disability benefits and can be fast-tracked.

The final rules, 20 CFR Parts 404 and 416, can be accessed through the Federal Register online at http://www.regulations.gov/. They will be effective on November 12, 2010.

Additional information about Social Security’s Compassionate Allowances process is available at www.socialsecurity.gov/compassionateallowances.

2010 Down East Festival in Rocky Mount, North Carolina Recap

We had a great time this past Saturday meeting with the folks in the Nash and Edgecombe County area at the 2010 Down East Festival held in Downtown Rocky Mount, NC. These festivals are great. At each one we've been to this year, we see some amazing things and meet some amazing people.

At the Down East Festival, we tried some hot sauce that we had to tell about here. Rhonda Jackson is the creator of "It Burns So Good." Check out her Facebook page and It Burns So Good website. Simply, this stuff is awesome and unique. After a taste test, we were back and forth on which one to get, so we just went ahead an purchased each flavor they had. Before we didn't know where to purchase or even if "Sweet Potato and Habanero Hot Sauce" existed, but now we do and we know that Ms. Jackson's version is awesome. Give it a try.   

As always, you can check out all the pictures from our visit to Rocky Mount and the Down East Festival on our Facebook page.

Friday Feed #63

10 Most Incredible Private Islands On Earth
It might not be too hard to survive on these.

Best Designed Pavilions
Design at its best.

10 Things That Changed the Way We Eat
Newsweek takes a look at eating.

Concept Or Reality? 10 Wild, Outlandish Motorcycle Designs
Get your motor running. Head out on the highway.

4 Resources for Choosing a Nursing Home

Choosing a nursing home is a difficult process. Most of the time, your loved one is leaving a hospital and there is not much time to make the decision. Further, most family members want to make sure their loved one is placed in a nursing home that is close by. Thus, for those of you who live in rural counties, there are not many choices. And, because there may not be beds available, your choices are even further limited.
The social worker at the hospital will give you a list of nursing homes in your county. However, the social worker will not usually give you a recommendation about a particular nursing home. So, it is up to you to find out about the quality of the nursing home.

There are several things that you can do in order to learn about the quality of the nursing home that you are considering.

1. If you have access to the internet, get a copy of the pamphlet, “Guide to Choosing A Nursing Home” published by the U.S. Government’s Center for Medicaid and Medicaid Services: http://www.medicare.gov/Publications/Pubs/pdf/02174.pdf

If you do not have internet access, you can contact Medicare at 1-800-MEDICARE and ask for a copy.

2. Go to the website, medicare.gov/NHCompare, and follow the step-by-step instructions to find nursing homes in your area. Search by nursing home name, or by city, county, state, or ZIP code. On the website, you can compare the following information about the nursing homes you are considering: Five-Star Quality Ratings, health inspection results, staffing, quality measures, and fire safety inspection results.

3. Visit the nursing homes you are considering or have someone visit for you. Take a copy of the Nursing Home Checklist when you visit. The checklist is featured in the back of our book, North Carolina’s Guide to Nursing Home Negligence. Request a free copy of the book here.

4. Contact the North Carolina Division of Health Service Regulation to get more information before you make a decision. The phone number is 1-800-624-3004.

2010 Down East Festival in Rocky Mount, North Carolina

We're hitting the road again and taking it down Highway 64 to Nash County for the 2010 Down East Festival in Rocky Mount, North Carolina. We're very excited to be a part of this festival and we welcome everyone around the Rocky Mount area to come out and join us.

While you're there, you can check out the 2010 Eastern North Carolina BBQ Throw Down. This isn't amateur hour with the "cue" as this competition is sanctioned by the Kansas City BBQ Society. If BBQ isn't your thing, don't worry, there will be all kinds of musical acts at the festival grounds including The Craig Woolard Band, The Fantastic Shakers and Robert Lee Smith & The Original Tams to just name a few.

It isn't a festival without some kid friendly activities and the 2010 Down East Festival doesn't disappoint with inflatables, face painting and balloon animals. Sounds like a great time and we'd love for everyone to come down and stop by our tent.

If you can't make it, don't worry, we'll have all the pictures and videos up on the blog and our Facebook page on Monday of next week.

Be sure to check out the Schedule of Events to plan your day. Need directions? They have you covered.

Check out some of the Festivals and Events we've been to so far this year:
MDA Camp Carefree
Raleigh MDA Lock Up
Rocky Mount Harley-Davidson Bike Night
Freedom Biker Church Open House
Moore County Jazz & Blues Festival
Nashville, NC Blooming Festival
Mount Olive Pickle Fest
Sanford MDA Lock Up
Durham Rescue Mission Community Dinner
MDA Raleigh Stride and Ride 
Accident Scene Management, Inc. Charlotte 
Wilson, NC MDA Lock Up

US News Best Hospitals 2010-2011

US News and World Report has recently rated their top hospitals in 16 different catagories. The catagories include Cancer, Diabetes & Endocrinology, Ear, Nose & Throat, Gastroenterology, Geriatrics, Gynecology,Heart & Heart Surgery, Kidney Disorders, Neurology & Neurosurgery, Ophthalmology, Orthopedics, Psychiatry, Pulmonology, Rehabilitation, Rheumatology and Urology.

North Carolina Hospitals Ranked in the top 10:
Duke University Medical Center
Geriatrics (#6)
Gynecology (#7)
Heart & Heart Surgery (#9)
Ophthalmology (#7)
Orthopedics (#6)
Pulmonology (#6)
Urology (#7)