Racing Gnome

Big Hopes on Short Legs


The Supplemental Security Income (SSI) is a U.S. Federal government program that was created by the Social Security Administration (SSA) in 1974 to provide cash benefits to:

  • Disabled adults who have limited income and resources;
  • People 65 years old or older who are without disabilities, but who meet the financial limits set under the federal benefit rate (FBR); and,
  • Disabled children who are younger than age 18 and who have limited income and resources;

This Supplemental Security Income is aimed at helping improve its recipients’ quality of life by helping provide for their basic needs, such as food, clothing, and shelter. Unlike the Social Security Disability Insurance (SSDI), the other federal program the SSA introduced in 1956 which requires that disabled applicants should have worked long or recently enough and has earned the required number of credits through payment of the monthly Social Security taxes or Federal Insurance Contributions Act (FICA) taxes in order to qualify, the SSI neither requires employment history nor earning of credits. This is how it has been made possible to include disabled children, who have limited income and resources, in its list of possible beneficiaries.

To determine whether a child is eligible to receive SSI benefits, it is necessary to know what the Social Security Administration actually considers as disability and what limited income and limited resources mean.

Disability refers to any physical or mental impairment, (including emotional or learning problem), or a combination of conditions which:

  • Results in severe functional limitations;
  • Has lasted or can be expected to last for a continuous period of not less than 12 months; and,
  • Can be expected to result in death

The terms “income and resources,” on the other hand, refer to the income and resources of the family members with whom the child lives. The 2016 income limit set under the federal benefit rate (FBR) is $1,130 per month (this income limit may change every year). Eligibility also requires that a child must not be working.

When applying for SSI benefits for children, the SSA may require an applicant’s parents or guardian to provide information regarding their child’s medical condition and how this condition affects his/her ability in performing daily activities. Doctors, therapists, teachers, and other professionals who may have knowledge about the child’s condition will also be asked for information (with the parents’/guardian’s permission, of course). The combined information plus available medical and school records will be sent to the Disability Determination Services office of the state where the applicant resides. Everything will be reviewed by the doctors and nurses in said office to determine whether your child is eligible to receive the cash benefits. Though it usually takes three to five months before the agency can finally decide if a child applicant meets the criteria for disability, there are cases wherein SSI benefits are paid right away (even while the agency’s decisions are still pending) due to the child’s emergency needs.

Some examples of medical conditions that may qualify a child to receiving benefits include: HIV infection, total blindness, total deafness, cerebral palsy, down syndrome, muscular dystrophy, and severe intellectual disability (for children 7 years old or older) and those born with a birth weight that is below 2 pounds and 10 ounces.

The Supplemental Security Income (SSI) is one program that plays a substantial role in helping disabled children, adults, and their families across the country.  SSI benefits are available to those living on low incomes who are aged, blind, or suffer from a disability, with sometimes increased benefits for families to help provide a level of support that more accurately matches their needs. According to the Chris Mayo Law Firm, however, many people who are thinking about pursuing SSI benefits may also actually qualify for SSD/SSDI benefits. A Social Security disability lawyer may be able to help you evaluate your situation and determine the best benefits for you to pursue.

 

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Why Porches Collapse


Posted By on Mar 5, 2017

Porches collapse because of different reasons, but it doesn’t change the fact that they can inflict serious injuries, and on the worst cases, even deaths. There is a body of law that requires property owners to make their places safe for themselves, visitors, and passersby. Failure to comply may result into lawsuits. This is called premises liability. If you want to know more about premises liability just click here. It is important to know more about premises liability because porch collapse is included in its scope.

Common Causes of Porch Collapse
Overweight: Porches and other similar structures are designed to carry a specific maximum weight. Going over this threshold may make the structures collapse, possibly causing injuries to visitors or unsuspecting passersby. This may occur because of the property owner’s deliberate attempt to put too much weight to the structure or lack of knowledge concerning the structure’s weight capacity.

Insufficient Support: Porches are structurally designed to have supports to complement their weight capacity. Supports such as ledger boards, posts, beams, and even tiny materials like joist hangers, should contain the proper materials and are installed properly to avoid support issues and collapse.

Poor Conditioning: Sometimes, even sturdy materials can weaken because of time and weathering. This is particularly true on materials that involve wood and other products that may rot. To avoid porch collapse associated with poor conditioning, it is important to maintain the porch and get it checked regularly to identify the weak spots, so you can conduct repairs or replacements.

Weak Foundation: Foundations are supposed to be strong and reliable. Weak foundations can cause porch collapses, primarily because of a support issue as well. It is important to follow construction rules and building regulations in the jurisdiction, and the best way to do this is consulting or hiring the persons who have adequate knowledge of construction and building codes.

Injuries from Collapsing Porches
It is not uncommon for porch collapse accidents to result into serious injuries, such as head or brain trauma, skull damage, neck strain, spinal cord injury, and fracture. The fall associated with collapsing porches can have enough force to inflict these injuries not just to those who are at the porch at the time of collapse, but also to those who are below the porch and get hit by porch materials. This is particularly damaging if the porch is in an elevated space and if the materials used to build it involve metal or cement.

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In October of 2015, two global medical device companies, Wright Medical Technology, Inc. and Tornier, Inc. completed a merger and created a mid-size orthopedic company focusing on extremities and biologics. Many considered the merger a bold, smart and promising move, unaware, of course, that not long after, the newly formed company’s shoulder replacement device will be proven faulty and result to the company facing legal issues due to their product causing metal poisoning, bone and tissue damage, and implantation failure.

Records from the U.S. Department of Health & Human Services’ Agency for Healthcare Research and Quality show that about 53,000 people in the U.S. have shoulder replacement surgery every year. This surgical procedure involves the removal of damaged parts of the shoulder to replace them with an artificial device, known as prosthesis. This device is either made from metal or durable plastic. Orthopedists recommend shoulder replacement surgery to patients whose extreme shoulder pain or limited range of shoulder motion cannot be treated through non-surgical means or more conservative methods.

Shoulder pain and reduced shoulder function are usually due to osteoarthritis, post-traumatic arthritis, rheumatoid arthritis, avascular necrosis (osteonecrosis), rotator cuff tear arthropathy, severe shoulder fracture or failed previously performed shoulder replacement surgery. Though restoration of shoulder motion, strength and function are expected benefits of a shoulder replacement surgery, these are only secondary outcomes; the surgery’s primary goal is relieve patients of their pain.

While many have benefited greatly from a shoulder replacement surgery, some even being able to return to the sports that they love, the same cannot be said of those who have been implanted with a Wright/Tornier shoulder replacement implant. For, rather than experiencing the promised relief from pain and restoration of shoulder motion, the pains have only increased plus, since the device is said to have failed soon after implant, there may be a need for a revision surgery and the removal of the implant altogether. These outcomes from the use of a Wright/Tornier shoulder replacement device, as explained by Williams Kherkher, is simply inexcusable, making these grounds for patients to fight for damages from the manufacturers.

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Domestic Violence: Never be a Victim


Posted By on Jun 15, 2016

Women aged between 16 and 34 are the most common victims in domestic violence, which number close to 10 million incidences in the U.S. every year. Domestic violence, according to the U.S. Office on Violence Against Women (OVW), is a “pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner.” (http://en.wikipedia.org/wiki/Domestic_violence_in_the_United_States) Anyone, regardless of age, gender sexual, orientation, religion, race, educational attainment, professional standing, and financial status, can fall victim to this abusive behavior which can be manifested physically, emotionally, sexually, psychologically, verbally or financially.

The perpetrator in domestic violence is always an intimate partner of the victim, someone whom the victim may be married or living with. In the website of a Nashville sexual offense attorney, it is mentioned that a perpetrator can further fit the description of the victim’s dating partner or someone with whom he or she has a child in common (though women are the most common victims, there are cases wherein men turn out to be the recipient of domestic abuse). The offender acts to frighten, intimidate, threaten, terrorize, humiliate, or injure the other until all feelings of self-worth and self-confidence are gone, making the abused totally submissive to the offender’s ill demands.

In order to empower the federal government to fight domestic violence, the U.S. Congress passed into law the Violence Against Women Act (VAWA) in 1994. This is to put a stop to this major social malady that has continuously caused pain and suffering to many members of families across the US.

Domestic violence is one crime that also causes trauma not only to the victim but to the children as well. Simply put, violence inside the home causes in children the feelings of fear, confusion, stress, shame and guilt due to thoughts of failure to do anything in order to protect their abused parent. Because of these, children usually end up having problems in their relationships with peers and others, as well as in school. With regard to victims, domestic violence makes them withdrawn, problematic, and often uncertain and embarrassed of their actions.

While an abusive partner only deserves to face justice and be punished, there have also been instances when reported cases of domestic abuse is simply due to one partner’s oversensitivity; some cases are even fraudulent in nature – this is quite common among immigrant husbands and wives who fake domestic abuse. But whether real of fake, a victim deserves to be saved or to have his or her named cleared. A seasoned domestic abuse lawyer should be able to provide the legal help a victim really needs.

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Common Causes of Truck Accidents


Posted By on Jan 26, 2016

There are many precautions that are specific to trucks in order to prevent accidents from happening. This is because the damage that a truck could do when in an accident is far greater than that of what a regular vehicle is capable of. But a truck is just another vehicle, right? No, a truck far outweighs a regular a car—literally. Where a car can weigh only up to 3,000 to 10,000 pounds, a truck can go all the way up to 80,000 pounds without need of a permit. As it is, there are several things about truck accidents that may not seem like something to worry about if you’re just an ordinary driver.

For example, one of the common causes of truck accidents is actually inexperience—and this is often not a fault of the driver. Trucking companies must exercise caution when hiring their drivers as not just anyone can be allowed to drive something so massive. It requires training and expertise in order to operate a truck and failure to assign someone who knows what they’re doing when driving it could prove to be detrimental on the road.

While this can be difficult to prove, the website of Atlanta truck accident lawyers of Ausband & Dumont also cites that some other common causes of truck accidents are due to driver error or even a mechanical defect. The driver error need not be something so obvious such as running a red light or speeding – which is still dangerous, even with regular vehicles – but if a trucker fails to check on their no-zones or blind spots when turning or changing lanes, this can be dangerous for all vehicles involved on the road.

It is a complicated branch of the law and it is recommended to contact an experienced, legal professional if you or someone you know is facing this kind of situation.

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Mineral Rights Establishment


Posted By on Dec 2, 2015

You may choose to take into account trying to sell your mineral rights if you have property in certain sections of the USA which are proven to yield lucrative levels of gas, petroleum, and precious minerals. Traders are ready to buy these rights at good costs even if your property is non-producing in case the mother lode is later yielded by it. Before you can do this, nonetheless, you are required to do some digging around to create whether you are the rightful holder of the mineral rights.

It really is not enough to have ownership of the surface acreage. In the US, landholders may own the rights to something which could be found under their home, However, these rights may also be cut in the land name that is principal. Therefore merely as you’ve a name to the land doesn’t mean you own the mineral rights. You are required to do what is called working a name, which can is essentially back-tracking your own title back to the owner that is original, like tracking the lineage of a dog or horse.

The most affordable and easiest way to accomplish this is to assess the property records placed with the county clerk, which is usually found in the vicinity of the courthouse’s office. Checking the property records yourself is free even though it can not be easy to search for the right area or grantor index publication, especially if you are not convinced about the explanation that is lawful. The index novel will simply let you know where these files are, not the actual records themselves.

Your goal for this is to set up a series of title, which will be a collection of records documenting the transactions of possession for your own home, which should have a record of the mineral rights at that moment that it was cut from the top name. Be searching for any mention of mineral rights as this may signal a severance of the titles, being allowed by the vendor.

You may also check the records lodged together with the court clerk for any stray report that is not in the county clerk’s workplace like mortgage arrangements or divorce decrees. Even then, there could be disparities because this can cast doubt on the clearness of your ownership, which can be bad news if you’re bent on selling mineral rights.

You’ll be able to hire an abstracting office to reconstruct the sequence for you and give you a take off checklist which you can then use to find the records themselves and produce copies, nevertheless, you’ll have to cover them for the service. You may also ask the to track down the actual records and create copies for you, but that is going to be more expensive. Notwithstanding, it can be worthwhile in the end since it’s never easy to run title, and may take more time than you are able to afford.

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Risk in Use of Power Morcellator


Posted By on Dec 1, 2015

On April 30, 2014, Ethicon, Johnson & Johnson’s power morcellator manufacturing device, which is also the largest producer of power morcellators on earth, suspended all supply, promotion and sales of its Gynecare Morcellex Tissue Morcellator, Morcellex Sigma Tissue Morcellator System, and Gynecare X-Tract Tissue Morcellator. This move by Ethicon was due to the FDA’s security alarm which persuades physicians against the additional utilization of an electric morcellator in operations that eliminated either the uterus (through a process called hysterectomy) or uterine fibroids (through myomectomy).

Reviews in medical literature show that strength morcellators cause the spread of sarcoma, a tissue that is cancerous, beyond the uterus. Uterine sarcoma is extremely difficult to find, although the United States Food and Drug Administration states that 1 in 350 women can definitely have it.  Hence, during the morcellation of uterine fibroids (also done through hysterectomy), gets minced and scattered in parts beyond the uterus. The most common kind of cancer that can lead to this is leiomyosarcoma – scarce, yet lethal.

The introduction of strength morcellators in the 90’s (with no less than a dozen versions from different makers obtaining FDA approval in 1995) resulted in an improvement that was unparalleled in how hysterectomy was performed. All these are created to mince or morcellate the uterus and additional oversize tissues into pieces small enough to be suctioned outside the woman’s body.

Besides the tiny incisions, hysterectomy was also made an experience by using an electric morcellator, lessened the total amount of loss of blood, reduced opportunities of infections, and required a shorter period on account of the quick healing of wounds for recovery. Despite these many advantages, though, the Food and Drug Administration likely thought the gains usually do not actually outweigh the chance, therefore, the security notice. The bureau still proceeds to check with people and experts concerned about the security and regulatory standing of morcellators.

For more info: http://www.williamskherkher.com/practice-areas/defective-pharmaceuticals/morcellators/

 

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Child Support Rates


Posted By on Nov 30, 2015

There is plenty to consider regarding the logistics of the lives of their children, when parents divorce. Decisions must be made by parents for the kid that support their academic, psychological, bodily, and medical requirements after the divorce. Child support rates are a predetermined, legally binding amount set-to financially provide for all aspects of a kid’s lifestyle. Usually, there is certainly a “giving” parent plus a “receiving” parent. The amount is established up on the parent’s arrangement, yet it might need to be altered, if surrounding circumstances change.

A couple of factors determines prices, including: revenue, deductions, expenses that were child-care, and healthcare expenses. Yet, these determining factors can fluctuate. When this happens, it is the parents’ obligation to concur on a new amount for the non-custodial parent to owe.

Health care, income, and loss of income are three finances that will change in price. As stated by the website of BB Law Group PLLC, a rise in child-support charges can derive from a greater price of health care or the spending parent’s elevated earnings. Inversely, they could fall in the occasions of a getting partners remarriage, or a fall in revenue by partners that are spending.

After establishing a price, parents should seek court approval of the agreement. During this phase, a judge should find that it is in compliance with state laws. In some instances, if the paying party is not satisfying with their duties, they could be held legally accountable.

Also, when dealing with complex issues such as child-support, navigating the legal net of ordinances and info could not be easy.

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Wrong Diagnosis Leading to Malpractice


Posted By on Nov 25, 2015

The 225,000 annual deaths due to medical malpractice that are documented by the Journal of the American Medical Association (JAMA) may not be the precise number as many more incidences of death-causing mistakes, as stated by the same resource, will never be divulged to authorities, with the casualties’ families, moreover, never submitting suits against the liable party.

Medical malpractice is an actuality that is now held as among the leading causes of death in the USA. It is generally the result of actions of carelessness and/or recklessness (and sometimes the selfish desire of having bigger gains, so misjudging patients’ health disorders), leading to overworked physicians and medical staff, poor communication between physicians and nurses, and, the most usual origin of a string of numerous other mistakes – incorrect diagnosis, which may suggest missed, delayed or-or higher investigation.

Based on the website of Crowe & Mulvey LLP, a wrong identification can result in an individual being forced to undergo unnecessary lab evaluations, be given an incorrect medical prescription, or afflicted by a surgical operation or additional kinds of treatment that aren’t needed. Meanwhile, the sickness that is real may possibly intensify (since it is not given the therapy that is correct). The unnecessary medical care may even cause a new health condition to develop in the patient.

While physicians, unquestionably, would want to give you the very best treatment to individuals, they often fall into the error of limiting appointment period to a quarter-hour to be able to get as many individuals as they can. In this moment-obligated doctor-patient conversation span, several physicians nonetheless apply what several medical professionals call as the “18-second rule.” This exercise is distinguished by a physician instantly determining the patient’s complaints as a certain type of illness simply because they match with a specific kind of illness.

To protect individuals and carry on their privileges each time they fall victim to health-related providers’ negligent actions, medical malpractice laws have been passed to to keep liable the party creating patient injury accountable. How significantly these laws have reduced the prevalence of medical negligence may be debatable, but is providing those who have fallen victim to this is a pleasant step in the correct direction.

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Reasons for Distracted Driving


Posted By on Nov 24, 2015

A tremendous variety of injuries which happen on the street are due not by choice dangerous behavior or outside circumstances, but by drivers being distracted from the task at hand. Louisville car accident lawyers would mention that driving necessitates visible awareness of the road and surroundings, manual management of the car, and mental concentration on the task of driving, and any activity that detracts from these processes can result in perilous injury.

Studies have shown that as many of 80% of accidents include driver distraction as a significant contributor to the injury, creating diversion the single biggest danger to drivers. The following are the five most common interruptions which remove attention in the task of driving and result in an accident:

  • Utilizing a cell phone
  • Reading
  • Setting on makeup
  • Seeking at an object or event outside of the vehicle and outside of the direction of travel
  • Reaching for a moving object within the vehicle

Cell phone use is by far the most frequent factor that is contributing, with enormous amounts of vehicle mishaps occurring every day due to drivers texting, making calls, or utilizing the increasingly diverse applications that modern cell phones have to provide.

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