June 22, 2012

Social Security disability is set to head over the fiscal cliff long before Social Security retirement

warrenpeeblesfinal.jpg

According to the Washington Post, Social Security disability is set to head over the fiscal cliff long before Social Security retirement. Social Security Disability Insurance is set to owe more in payments than it receives in premiums in just four years. This means that Social Security Disability will be forced to cut its average monthly benefits by 20% since it is not allowed to run a deficit. This would be a huge blow for millions of Americans who depend on Social Security Disability Insurance payments to survive.

This does not mean that you should not apply for benefits if you think you qualify for them. However, it does mean that Social Security is becoming more selective in the application process. As baby boomers age the amount of applicants has increased. Social Security has responded by denying a higher rate of claims. The increased scrutiny means having a Social Security Attorney on your side is more important than ever. Your attorney works for you and is only paid if you receive benefits. Your experienced attorney knows how Social Security works and understands how to build your case from the ground up with a strong foundation of medical evidence. Don’t let the budget short fall Social Security is facing prevent you from receiving the benefits that you have paid for your entire working life.

Click Here for a more detailed article on this matter.


Posted by Warren Q. Peebles Esq. |

Posted In: Social Security Disability

Tags: attorney , insurance , personal injury , social security , social security disability , social security insurance , washington post

June 13, 2012

Florida Supreme Court Determines Special Laws on Hospital Liens Unconstitutional

Florida Attorney

The Florida Supreme Court has recently issued an opinion affirming the 1st District Court of Appeal's (DCA) prior opinion that a hospital lien law created by the Florida legislature decades ago is unconstitutional.

Many years ago, it was not unusual for the Florida legislature to pass laws that pertain only to certain businesses or individuals. These were known as "special laws," as opposed to the general laws of the state of Florida that apply to everybody. Over the years, several of these special laws had been declared improper; as the laws of the state should apply to everyone. Hospital lien laws are special laws that apply only to certain counties and give "public hospitals" lien rights over personal injury proceeds.

The problem in the past has been determining what a public hospital is defined as. Is it a hospital that is open to the public? The answer is no. Public hospitals are those hospitals operated by a public governmental entity. Almost all of the hospitals now are owned by mega-corporations that are certainly not public entities.

In Palm Beach County, there is only one public hospital; it is operated out of the Glades area. As a result of the Florida Supreme Court’s recent opinion in Shands Teaching v. Mercury Insurance, all of these special laws are now deemed unconstitutional. However, the personal injury practitioner should be aware that counties themselves can create lien laws that might pass muster.

In the Shands opinion, although the lien arising under the special law was overturned, it was upheld based upon a county ordinance. In Palm Beach County, there is no such ordinance. However, that doesn't mean that a hospital couldn't assert a lien via contract. Most people who are admitted to hospitals don't bother reading the fine print. Persons (or their attorneys) faced with hospital lien assertions, can contact the attorneys at LaBovick Law Group for assistance with this issue and a free consultation.

Posted by Joseph R. Fields, Esq. |

Posted In: Legal Issues

Tags: attorney joseph fields , florida attorney , free consultation , hospital liens , labovick law group , personal injury , Shands

June 4, 2012

New Florida Law Voids Employee Benefit Plan Spousal Beneficiary Designations Upon Divorce

Florida Attorney

As of July 1, 2012, employee benefit plans, life insurance and retirement plan spousal beneficiary designations will become void upon divorce. Although Florida's probate code has a provision that bequests to a spouse become void upon divorce or annulment, there was no similar provisions for employee benefit plans such as life insurance policies, IRA accounts, payable on death accounts, annuities, etc. With this new law coming into effect, although it is important to change your beneficiary designations at the time of divorce, not doing so will not result in those accounts automatically going to your former spouse.

Persons going through dissolution proceedings should contact the account plan administrator to determine the applicability of this new law and what new procedures must be employed, if any, when the divorce becomes final. Obviously, it's always a good idea to have your will and beneficiary designations reviewed periodically. At the point of the finalization of the divorce, there isn't a much better time. LaBovick Law Group Family Law Division is available for free consultations in these areas.

Posted by Joseph R. Fields, Esq. |

Posted In: Family Law

Tags: divorce , divorce attorney , employee benefits , family law , florida law

Connect

facebook twitter linkedin View Author's Justia Profile Subscribe to this blog's RSS feed

Contact Us

888-777-3884

Recent Entries