New Year's Eve in North Carolina: Tips to Keep You Safe

As we say good bye to 2011 and welcome in 2012, there is no doubt the folks of North Carolina, from Murphy to Manteo, will be ringing in the New Year with small gatherings, big house parties and even block parties like Raleigh's "First Night

New Year's Eve is a time of celebration, but like any celebration, if precautions aren't taken, it can turn into a tragedy in seconds. We want your last hours of 2011 and your first hours of 2012 to be great, so today on the blog, we're offering New Year's Eve tips to make sure you're being safe while having a good time with friends and family.

If you are hosting a New Year's Eve Party:

● Hire or find someone who will be designated driver for everyone at the party. If you can, hire two people. One to take the party goers car home and one to follow to pick up the other sober person driving. Your guests will appreciate you looking out for them. 

  

● If you can't hire or find anyone to be the designated driver, call a cab company in your city today and set up a time for a fleet of cabs to come pick your guests up.

● If you have enough room, turn you New Year's Eve party into a slumber party. Have all your guests stay over for the night. When everyone wakes up in the morning, turn it into a "clean the house up" party.

If you are going to a New Year's Eve Party:
● Do not wait for the party host to set up a designated driver for you, do it yourself days before (like today) Dec. 31st.

● If you're going to a big party with friends, make sure everyone stays together. This way no one gets out of the loop of what is happening. You don't want one friend getting away from the group and saying, "Awwww, where are my friends? I'm just going to drive back home." That's no good. Keep up with you buddies and make sure they are safe.

● Be observant. If you see someone who is very intoxicated, ask them how they are getting home. If they have no way home, help them out in any way you can. You may not have went to the party with the thought of looking out for others, but you're saving a life, maybe even lives, if you go above and beyond to make sure people around you are safe. When you wake up on Jan. 1st, you can go ahead and order one of these to remember what you did.

Guys, have some fun this New Year's Eve. For all your hard work in 2011, you have earned it, but be smart about your fun. Don't drink and drive. Nobody wins. Ever. Also, look out for your friends. One day, they'll be there to look out for you.

Social Security Disability System Faces Independent Review In 2012

A recent Wall Street Journal article, penned by Damian Paletta, says the Social Security Administration has commissioned an independent review of the Social Security disability system. The reason for the review is concerns that the system awards benefits to those who do not deserve them while denying those who do need them.

The review will be conducted by the Administrative Conference of the United States (ACUS). The agency, as Patella informs, will have recommendations for an overhaul of the system in November of 2012. Below is an excerpt from the ACUS's "About" page on their website:

The Administrative Conference of the United States is an independent federal agency dedicated to improving the administrative process through consensus-driven applied research, providing nonpartisan expert advice and recommendations for improvement of federal agency procedures. Its membership is composed of innovative federal officials and experts with diverse views and backgrounds from both the private sector and academia.

While the main reason for the study is mentioned above, the catalyst could have very well been a report from the Wall Street Journal earlier this year. The report, also penned by Paletta, tells the story of an Administrative Law Judge in West Virginia who had heard more than 2,000 disability cases and awarded benefits in all but four. His approval rating was 99.8 percent, which is far higher than other judges who hear the same amount of claims for benefits.

Additional Reading
Disability-Benefits System Faces Review (Wall Street Journal Online)
SSA orders independent review of disability system (Law Office of David W. Kapor)
Accounting for Social Security (Graphic) (New York Times)

How Much Will I Receive From Social Security Disability?

This is one of the most popular questions we field when folks call or e-mail our firm questions about Social Security disability. To answer this question, you must look at your lifetime average earnings covered by Social Security.

If you do not know this number, the Social Security Administration offers a free benefits calculator on their website.

While the Social Security benefits calculator gives you a good estimate of what monetary benefits you'll receive, there are other factors that will decide your final benefits. If you are currently receiving workers' compensation benefits, you may not be able to get the full amount you saw in the calculator. The following is from the SSA website:

If you receive workers’ compensation or other public disability benefits and Social Security disability benefits, the total amount of these benefits cannot exceed 80 percent of your average current earnings before you became disabled.


Another situation where your benefits will be affected is when you are already receiving federal, state or local benefits for disabling medical conditions. The SSA website lists the following as examples of these programs: civil service disability benefits, state temporary disability benefits and state or local government retirement benefits that are based on disability.

If you are still confused, below is an example from the SSA of when someone is receiving more than Social Security Disability and how the Social Security Administration calculated what the beneficiary will receive.

Example: Before you became disabled, your average current earnings were $4,000 a month. You, your spouse and your two children would be eligible to receive a total of $2,200 a month in Social Security disability benefits. However, you also receive $2,000 a month from workers’ compensation. Because the total amount of benefits you would receive ($4,200) is more than 80 percent of your average current earnings ($3,200), your family’s Social Security benefits will be reduced by $1,000.

So to answer the question of "How Much Will I Receive From Social Security Disability?" it is different for everyone as there are many different situations. With all this being said, the average monthly payment for Social Security Disability beneficiaries is around $1,000.

National Transportation Safety Board (NTSB) Recommends Full Ban On Cell Phone Use While Driving

Today, the National Transportation Safety Board (NTSB) recommended that all states prohibit the use of cell phones and other portable electronic devices except in emergency situations when behind the wheel. The recommendation was agreed to by the five member board of the NTSB.

This CNN report states that this recommendation is the most far reaching thus far by the NTSB. It also mentions that the recommended ban does not include hand free devices nor does it apply to passengers, but this report from MSNBC says that blue tooth devices might be on their way to being banned too.

If you would like to view the current cell phone and texting laws for all 50 states, please view this Septemeber 26th post from this year.

More on the NTSB Cell Phone Ban Recommendation:
NTSB recommends full ban on use of cell phones while driving (CNN)
Feds want ban on portable electronic devices in cars (TheHill)
US calls for ban on in-car phone use ... even with Bluetooth (MSNBC)
NTSB seeks nationwide ban on driver use of personal electronic devices (Washington Post)

* Picture courtesy of samantha celera via Flickr Creative Commons

North Carolina Motorcycle Safety Act Now Law

On December 1st, the North Carolina Motorcycle Safety Act went into effect. The new law aims to protect motorcyclists across the state from unsafe movements by other vehicles on the roadway. Now, drivers who make unsafe movements around a motorcycle which force it to unsafely change lanes or run off the road will be fined $200. If the unsafe movements result in a accident or personal injury of the motorcyclist, the driver will be fined $500. The full text of the law can be viewed here.

Check out stories like this and more in our Weekly Motorcycle E-Newsletter. Sign-up is free.

Drop Off Your Coat For Kids in Rocky Mount, NC

Once again, Leadership Rocky Mount and the Rocky Mount Area Chamber of Commerce have teamed up to collect coats for kids. But coats aren't the only thing that can be brought as centers will be collecting gloves, hats and scarves for elementary school age children. All sizes of coats will be accepted. It doesn't matter if it is a child's size or not.




Drop Off Collection Sites:
● All City of Rocky Mount Fire Stations
● City Hall - Downstairs Lobby 331 South Franklin Street

● Rocky Mount Senior Center – Main Lobby 427 South Church Street

● Nash Community College, 522 North Old Carriage Road

● Wesleyan College (Welcome Center) 3400 N. Wesleyan Blvd

● Sherwin-Williams, 1280 Independence Drive

● Boddie-Noell Enterprises, 1021 Noell Lane

● Nash General Hospital, Main Lobby and Cafeteria

● Nash County Admin Center (Front or Rear Entrance) 120 West Washington Street

● Nash County Agricultural Center 1006 Eastern Avenue Nashville

● Nash County Senior Center 103 M. Alston St Nashville

● Edgecombe Community College – Rocky Mount & Tarboro Campuses

● Southern Bank Locations including:
107 S. Fairview Rd,
225 S. Franklin,

3690 Sunset Ave.,
1405 Benvenue Rd.

● Poyner Spruill LLP 130 S. Franklin Street

● CenturyLink Retail Store, 1100 N Wesleyan Blvd, (at the Mall)

● Fit-4- Life 3020 Sunset Avenue

● Clean-Clean Dry Cleaners 2408 Sunset Avenue

If you would just like to give a contribution, please see this PDF for more information. For contact information, please see the PDF as well.

* Photo courtesy of vchili via Flickr Creative Commons.

NFL Linebacker Pushes for Independent Neurologist to Attend All NFL Games

If you're a regular Hardison & Cochran blog reader, you know we touch on sports subjects involving youth pretty often. One of our more recent posts came in early September when we covered sports related concussions in youth sports. In that post, we highlighted how the NFL and NCAA are attempting to cut down on the number of concussions.

After a brutal hit involving the Steelers' James Harrison and Cleveland's quarterback Colt McCoy, one player is ready to take action to make the game more safe. Current NFL player, Scott Fujita, is coming out and saying he is going to press the National Football League Players Association to request that an independent neurologist attend each NFL game.

Right now, the NFL only requires that a player to be cleared by an independent neurologist after a concussion to return to practice and games, but they are not required to be present at the game. As this report from popular football blog, ProFootballTalk says "the NFL doesn’t even require a team-hired neurologist to be present at games."

Fujita said the following on the subject in an e-mail to NFL writer Peter King and ProFootballTalk:

“The one thing I know is that when it comes to this issue, players, coaches, and team medical personnel struggle in the heat of the moment. This has been an ongoing problem for years. The game-day sideline is intense, there’s a lot going on, and we can’t always count on everyone to make the most responsible decisions.”

Fujitia added:

“The question becomes not about what’s best for your health, but about what your pain tolerance is and what you’re willing to play through. So when it comes to head injuries, I think the only real solution I’ve heard that might help remedy this problem is to have an independent neurological consultant on the sideline. I think we may have missed an opportunity to properly address this as we were finalizing the CBA. Hopefully it’s not too late to get it right.”

* Photo courtesy of Erik Daniel Drost via Flckr Creative Commons.

Use the Social Security Disability Benefits Checklist Before You Send In Your Disability Application

Each day hundreds of people visit our blog. Many of those people are looking for information on Social Security disability. Some might have already applied and been denied and are looking for information on the next step off the process. Others haven't applied yet, but they are looking for valuable information to make sure when they apply they are crossing every "t" and dotting every "i."

Today's post is for those who have yet to apply for benefits from the Social Security Administration. Being prepared and knowing what is needed or having an idea of what is going to happen is the best way to enter any situation. It is the same theory behind why attorneys in our firm have penned books on personal injury, workers' compensation and Social Security disability topics. They provide valuable information on what a person should expect where they will not be blindsided if the unfortunate happens.

Staying on the "being prepared" theme this post has taken, today we are linking a very simple, but valuable checklist from the Social Security Administration which will make sure all your ducks are in a row before you submit your online disability benefits application.

Click here to view the Disability Benefits Checklist for Adults Applying on the Internet (PDF)

If you're going to apply for Social Security disability benefits, this checklist is a great place to start when getting your information together to send to the Social Security Administration.

Christmas Tree Safety for North Carolina Families

It's that time of year. The big Thanksgiving meal is over and we are moving closer and closer to Christmas. If they haven't already, many folks will be putting up Christmas trees over the next week. Christmas trees are a great way to show your holiday spirit and setting one up is a great activity for the whole family, but they can also be hazardous if precautions are not taken to ensure they are safe.

According to the US Fire Administration, Christmas trees account for 250 fires annually which result in 14 deaths, 26 injuries and more than $13 million in damages. In addition, a Christmas tree that does not have sufficient base may tip over. While this isn't near as bad as a fire, there are still some safety concerns present with small children and pets. Below we have provided resources to look over to make sure your Christmas tree is safe. After looking through some of these resources, please check out your tree. 

Christmas Tree Safety (Home Safety Council)
Christmas Tree Tips (National Safety Council PDF)
Christmas Tree Safety FactSheet (Texas Dept. of Insurance)
Fire Safety For the Holidays (Videos) (NIST)
Christmas Tree Safety Essentials (Reader's Digest)