John Hocking is searching the web for cool tools and sites.

May 11, 2005

An Overview of The Social Security Disability Claims Process

Category: Articles — Administrator @ 6:45 pm

An Overview of The Social Security Disability Claims Process
Author: SS Home
The Social Security Disability claims process can have many steps depending on how many times your claim is rejected and you appeal. Overall, there are five stages, each with its own format, rules, and decision makers. The first four stages are within the Social Security Administration, and the last stage is independent of Social Security. More resources

The initial stage takes place after you file a Social Security Disability claim with the Social Security office. Your original claim is reviewed by a disability examiner working at the Disability Determination agency in your state. This disability examiner will review your file, medical records, and other important information and consult with a doctor to determine if you are disabled and eligible for Social Security benefits. Unfortunately, the claimant will typically not know the identity of his or her disability examiner, and will have no personal contact with the examiner. Overall, 60% of the claims at this stage are rejected.

If the disability examiner rejects your claim, which is very typical, you can request an appeal called “reconsideration.” Reconsideration, as the name suggests, is less like an appeal and more like asking Social Security to take a second look at your claim and “reconsider” its decision. As in the initial stage, another disability examiner in your local Disability Determination agency will review your claim and issue a decision. Also, as before, the claimant will not have any personal contact with the examiner. Generally, 80% of the claims at this stage are rejected.

If the disability examiner rejects your claim after the reconsideration stage, the claimant can again appeal and request a hearing with an administrative law judge. At the hearing stage the claimant will actually takes his case before a live judge in hopes of receiving a different decision. Though this might seem intimidating, this is typically the first stage in which the claimant will be able to present his case and talk with the decision maker. The hearing is informal compared to most legal settings, and typically will include the claimant, the claimant’s attorney, the administrative law judge, his secretary, and a vocational expert to testify as to the claimant’s disability and limitations. The hearing will not have a jury or an audience, and Social Security will not be represented by an attorney. After reviewing the claim, the judge will determine if the claim is valid independent of the prior decisions of the disability examiners. Statistically, over half of the claims at this stage are successful.

If you are unsuccessful at the hearing stage, you can appeal to the Appeals Council. The Appeals Council is a single body located in Falls Church, Virginia, that will review the administrative judge’s decision if you are unsuccessful. The Appeals Council only reviews the judge’s decision and does not hear arguments from the claimant or claimant’s attorney.

If the claimant is rejected by the Appeals Council, you can take your case to the federal courts. First you would file in a United States District Court, but you could potentially appeal all the way up to the United States Supreme Court. It’s important to remember that the United States District Court appeal is the first appeal that is handled outside the Social Security bureaucracy.

As detailed above, the Social Security Disability claims process is complicated, tedious, and time consuming. As with any difficult scenario, it is helpful to have experience on your side, and that’s exactly what we offer. An experienced attorney can help you navigate Social Security’s bureaucratic maze and save you time and heartache.

About the Author

Original content from www.socialsecurityhome.com
You can email us here

• • •

An Important Part of Lifetime Planning is the Power of Attorney

Category: Articles — Administrator @ 6:15 pm

An Important Part of Lifetime Planning is the Power of Attorney
Author: Jeffrey Broobin

An important part of lifetime planning is the Power of Attorney. Valid in all states, these documents give one or more persons the power to act on your behalf. The power may be limited to a particular activity (e.g., closing the sale of your home) or general in its application, empowering one or more persons to act on your behalf in a variety of situations. It may take effective immediately or only upon the occurrence of a future event (e.g., a determination that you are unable to act for yourself). The latter are “springing” Powers of Attorney. It may give temporary or continuous, permanent authority to act on your behalf. A power of attorney may be revoked, but most states require written notice of revocation to the person named to act for you.

The person named in a Power of Attorney to act on your behalf is commonly referred to as your “agent” or “attorney-in-fact.” With a valid Power of Attorney, your agent can take any action permitted in the document. Often your agent must present the actual document to invoke the power. For example, if another person is acting on your behalf to sell an automobile, the motor vehicles department generally will require that the Power of Attorney be presented before your agent’s authority to sign the title will be honored. Similarly, an agent who signs documents to buy or sell real property on your behalf must present the Power of Attorney to the title company. The same applies to sale of securities or opening and closing bank accounts. However, your agent generally should not need to present the Power of Attorney when signing checks for you.

Why would anyone give such sweeping authority to another person? One answer is convenience. If you are buying or selling assets and do not wish to appear in person to close the transaction, you may take advantage of a Power of Attorney. Another important reason to use Powers of Attorney is to prepare for situations when you may not be able to act on your own behalf due to absence or incapacity. Such a disability may be temporary (e.g., due to travel, accident, or illness) or it may be permanent.

If you do not have a Power of Attorney and become unable to manage your personal or business affairs, it may become necessary for a court to appoint one or more people to act for you. People appointed in this manner are referred to as guardians, conservators, or committees, depending upon your local state law. If a court proceeding, sometimes known as intervention, is needed, than you may not have the ability to choose the person who will act for you. With A Power of Attorney, you choose who will act and define their authority and its limits, if any.

What if I move? Generally, a Power of Attorney that is valid when you sign it will remain valid even if you change your state of residence. Although it should not be necessary to sign a new Power of Attorney merely because you have moved to a new state, it is a good idea to take the opportunity to update your Power of Attorney.

Will my Power of Attorney expire? Some states used to require renewal of Powers of Attorney for continuing validity. Today, most states permit a “durable” Power of Attorney that remains valid once signed until you die or revoke the document. However, you should periodically meet with your lawyer to revisit a Power of Attorney and consider whether your choice of agent still meets your needs and learn whether developments in state law affect your Power of Attorney.

Note that Legalhelpmate.com (http://www.legalhelpmate.com/power-of-attorney.aspx) provides an easy-to-use, quick, and economical online method for creating completed legal documents for any occasions.

About The Author

Jeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life.

Website: http://www.legalhelpmate.com

• • •

Advanced Health Care Directive - 10 Most Commonly Asked Questions

Category: Articles — Administrator @ 6:13 pm

Advanced Health Care Directive - 10 Most Commonly Asked Questions
Author: Barbara C. Phillips
Today, more than ever, you need a Living Will. Discover the 10 most common questions you need answered so you too can have peace of mind.

1. What is an advanced health care directive?

Advanced health care directives are written instructions that communicate your wishes regarding care and treatment should you no longer be able to make your own health care decisions.

2. What are the components?

An Advanced Health Care Directive includes:

  1. A Living Will which outlines your medical and treatment choices
  2. Health Care Power of Attorney – the person you appoint to make medical and treatment decisions when you are no longer able to do so yourself.

3. How are they used?

If you are no longer able to make choices regarding your health care, these documents will communicate to your physicians what treatments you want or don’ t want such as artificial administration of food and fluids, or even the use of CPR or a breathing machine.

4. When do they become effective?

These forms are only effective when you cannot communicate your desires yourself. It may be used in situations where you are terminally ill and will die soon. In that case, life-sustaining procedures that only prolong the dying process will be withheld as you have indicated. Another time they will come into play is if you suffer from an event or illness that leaves you permanently in a coma. Because situations are varied, it becomes important to be as clear as you can, and make sure your POA understands your desires.

5. What happens if I don’t have one?

Ever state has a hierarchy that is followed that describes who is your next of kin and who will make decisions for you. For instance, if you are a minor child, it will be your parents. If you are an adult with a legal spouse, that person becomes your decision maker. It becomes complicated when family members/significant others disagree about what your desires are. This is why these forms are so important.

6. Can I change my mind?

You can change your mind about what you have written and who you choose as your decision maker at any time by destroying the old forms and making a new one. Make sure the new forms are given out to those that need them such as your decision make, family/significant others, health care provider, hospital, etc.

7. If I have a living will, does that mean I won’t get treatment?

This is a common misconception, and the answers is no. These forms do not mean NO CARE. You should always get the care and comfort that you require.

8. Where do I get these forms?

Often times, your health care provider or hospital will have them. However, it’s best if you do them before you ever see these providers. You can obtain them from your attorney, or there are several online sources where you can get state specific documents for free.

9. Do I need to see a lawyer?

No. You can fill these forms out yourself following the form directions.. That said, if you situation is sticky, it would not hurt to get professional legal advice. In most states the forms do not have to be notarized. Make sure you get the required witnesses to sign these forms. They cannot be relatives or employees of your health care provider, hospital, clinic, etc.

10. Where can I find more information?

Online, www.LawHelp.org provides free information for most states. Most state departments of health or your state legal association will be able to point you in the proper direction.

About The Author

©2005 Barbara C. Phillips, MN, NP

Are you living with Vibrant Intent? Do you want to experience the Joy, Magic, and Wisdom of Successful Aging? Celebrate with us as we explore these issues and more. Receive your complimentary copy of “Celebrating You: 50 Tips for Vibrant Living” at http://www.OlderWiserWomen.com.

• • •

ACLU is at it again

Category: Articles — Administrator @ 6:12 pm

ACLU is at it again
Author: Terry Dashner

God help us, please! The ACLU is at it again. This time their secular agenda is targeting the Pentagon, having brought civil litigation against the United States military for their 50 year history of sponsoring the Boy Scouts of America. This news has left a foul taste in my mouth for some reason. I’ve got to vent to get some relief. Please indulge me.

It seems, all of a sudden after 50 years of helping the Boy Scouts of America with camping facilities and other support measures, the US military has now been told by the ACLU in federal civil-court that they can no longer administer the oath that scouts take—pledging a belief in God. (Yes, that’s really a national concern, I’m sure.)

Actually if you look beyond the smoke screen of this play, you must admit that this is nothing more than retribution by the ACLU for losing in federal court, some time ago, regarding allowing homosexual—participants and counselors—in the scouting program. Then again, it’s also the ACLU’s agenda to secularize America—removing every semblance of God from federal properties.

Let me give you the scenario that played out before my eyes last evening. I was watching a news program on a cable news-network. The host of the news program was interviewing a First Amendment attorney, regarding the litigation efforts of the ACLU against the Boy Scouts of America.

The attorney was in full form. Although he was brave enough to speak in favor of the ACLU, he did nothing more than repeat the same-old-worn-out-argument about the violation of separation of church and state. When is that line (from a Thomas Jefferson letter) going to die? (Nowhere in the United States Constitution do I find the words, “separation of church and state.”)

I looked at the attorney on the TV screen. I didn’t care for his hair style, but I liked his fine, expensive looking suit and tie. I’m sure, by his choice of attire, that he was doing very well financially— defending the First Amendment against the evil adversaries of the United States like the Boy Scouts of America and the Pentagon of the United States. I don’t know about you, but I, a US citizen, retired police officer, Navy veteran, registered voter, and a current pastor of a local church do not, in the least, feel threatened by the Boy Scouts of America and their oath before God.

I think First Ammendment attorneys could be better utilized if they’d use their skills to defend free speech and freedom of religion for the US Armed Forces and their support for the Boy Scouts instead of trying to rescue America from their insidious evils of violating the First Ammendment.

I thought to myself, certainly every American citizen knows the story about America’s founding fathers of faith. I thought everyone knew about the first American Thanksgiving—Pilgrims giving thanks to GOD for the bounty of the land. I thought everyone knew about George Washington petitioning the GOD of heaven for victory in battle. I thought everyone knew, as common knowledge, that these “religious forefathers” were the same ones who gave us our national heritage—in GOD we TRUST!

Maybe it’s time to recommend that the ACLU return to US history class 101. A revising of their revisionist history might do everyone some good, especially First Ammendment attorneys.

Terry Dashner (Sources cited are available)

I want to thank you for reading this religiously biased paper. I feel better now, and the sour taste in my mouth is improving—slowly.

May God bless the United States of America!

About the Author

Senior Pastor of Faith Fellowship Church in Broken Arrow, OK. (918-451-0270)

• • •

A Triple Dipper: How to Make 3 Profits on 1 Stock Trade

Category: Articles — Administrator @ 6:11 pm

A Triple Dipper: How to Make 3 Profits on 1 Stock Trade
Author: Floyd Snyder
This is a rather simple strategy with which I am sure a lot of seasoned traders are very familiar, possibly under some other name with which I am not familiar. I wanted to write about it because I don’t see anyone talking about it anymore. Since the big hey-days of day trading and, of course, the burst of the Internet bubble of 2000, there seems to be a lack of patience that this strategy needs to work.

A lot of people seem to be moving back into the markets since the declines of 2000. If you were one of those that jumped back in during the early part of 2004 you reaped big profits. But now there seems to be a fair number of Wall Street Pundits that are beginning to raise the “irrational exuberance” flag once again. If you have been watching some of the unrealistic gains in recent high flyers, you may be looking for a bit more conservative way of being in the market.

In the early 70’s I met a young Dean Witter Reynolds broker and told him I had a few dollars I wanted to put into the stock market. The first thing he told me was that unless I had $100,000 I wanted to invest one time into a diversified portfolio with a buy and hold strategy…or…. $10,000 I wanted to invest in a more aggressive “trading” strategy, he was not interested in my account. Keep in mind, this was a long time before the day trading craze hit. I was impressed with his straightforward and honest approach. However, I did not have $100,000 back then, but I did have a bit more then $10,000. With that we were off to the races, and this is the trading plan he put to work for me.

First of all he stayed away form the high flyers altogether. He followed a number of solid, top quality companies that had a history of paying above average dividends but still with a little bit of volatility. Both the dividend and the volatility are required ingredients.

We bought six to ten positions with an average of 300-500 shares in each position. Every stock we bought paid higher then average dividend. We did well with companies like Phillip Morris [MO], American Electric and Power [AEP], Battle Mountain Gold Co. [now a pink sheeter], General Motors [GM] and few others. I only mention them so you that are nuts-o for research (exactly the sort of thing I would do) can go back and see the sort of movement we had in these stocks back in those days. There were others of course, but that will give you some fodder for research. GM and MO may still work these days, but I have not looked at AEP in years and, of course, Battle Mountain is history.

Okay, so now you know what sort of companies we are looking for; solid, higher then average dividend paying companies with a bit of volatility. Hey, I never said this was easy! But to make it even more challenging, we need one more component to make the triple dip into the money - Options. To be more specific, we need Covered Calls only!!! Let me repeat that, we are only selling covered calls, no other options. You will have to be cleared by your broker for options trading, and you will need a margin account.

Here’s how the play is made. You buy 300-500 shares of a stock that is going to be paying a dividend with in the next 15-45 days. You sell the 30-60 day covered call taking in the premium money and giving you that amount of money downside protection to offset any move against you.

The ideal trade will play out like this. You will buy the stock, it will pay the dividend while you own it, you sell the Covered Call collecting the options premium money, and hopefully the stock will be called away at the strike price. Obviously, you have to make sure you only sell the call with a strike price higher then your entry price.

Now let’s apply the math on a hypothetical trade. Let’s say you buy MO at $50 and it is paying $.25 dividend and the $51 call option is selling for $.25 with an expiration date 45 days out. Let’s further assume the stock pays the dividend, and moves above the strike price of $51 by the expiration date and it gets called away. You will earn $.25 for the dividend, $.25 for the premium money on the call and $1.00 on the stock position itself for a total gain of $1.50 on 300 shares. That’s $300 on a $7500 investment (using 2:1 margin account) for a 24% annualized yield on your money. More of the math: $300 divided by $7500 = 4% X 8 = 24%. Keep in mind you made the $300 in 45 days meaning theoretically you can do this 8 times a year. That’s how you get the 24% annualized yield. Not to shabby! (Because commissions vary, I have not put them into the equation, something you will have to do obviously.)

Seems pretty easy doesn’t it? Well it is, when it works. But like everything in the stock market (or in life itself for that matter) there is no sure thing.

Any number of things can happen. Here are just a couple of things you have to consider. First off, I would check to see what all the analysts are saying about any stock you are about to try this on. Make sure the company has a solid dividend history. I would also caution against making the play on a stock that is due to report earnings while you are in the options period. Also keep in mind that as a general rule a stock will dip in direct relationship to the divided paid.

Obviously this strategy is not always going to play out as our hypothetical trade did. However, I have had results similar to that as well as some much better, and “yes” some that did not work at all. What makes the play less risky than the stand alone buy and hold trade is that no matter what the stock does, you get the dividend and the options premium money giving you that much downside protection on a move against you.

I had a number of stocks that I would hold in my account and merely roll over the option money and collect the dividend on a regular bases, double-dippers, and was very happy not to have the stock called away.

I was very fortunate that I had met a broker who became one of my best friends and taught me this method of investing. I strongly suggest that you seek the advice of a professional broker; money manager; your attorney; your accountant; your present, past or future wife or husband; your doctor; your heirs, your auto mechanic or anyone else in the world that you can think of before you try this or any method of investing. (Okay, I think that covers about everyone.)

To learn more about Covered Call writing, check the resources at http://www.TraderAide.com. Good luck and happy trading!

No permission is needed to reproduce an unedited copy of this article as long the About The Author tag is left in tact and hot links included. We do request that we be informed of where it is posted so reciprocal links can be considered. Email floyd@sbmag.org.

About the Author

Floyd Snyder has been trading and investing in the stock market for three decades. He was on the forefront of the day trading craze that swept the nation back in the late1990’s both as a trader and as the moderator of one of the Internet’s largest real time trading rooms. He is the owner of http://www.TraderAide.com , Strictly Business Magazine at http://www.sbmag.org www.FrameHouseGallery.com and www.EducationResourcesNetwork.com

• • •

A Note About Personal Bankruptcy

Category: Articles — Administrator @ 6:09 pm

A Note About Personal Bankruptcy
Author: ReliefLoans.com
Sometimes, the formal and legal declaration of personal
bankruptcy is the best way to go when you’re “snowed
under” with bills, and you just can’t see your way clear to survive.

Actually, bankruptcy allows you to make a fresh start.
Generally, it takes only a small amount of money, a
careful evaluation of your assets and your liabilities.
In many cases, a lawyer is not necessary.

If you have very few assets, mountains of debt, and not
enough income to meet your obligations, then your best
bet is almost always the filing of straight bankruptcy.
What you’ll need is the proper forms “S3010 Bankruptcy
forms, for an Individual Not Engaged In Business.”
These can be purchased from any full-line office supply
store, especially in an area serving attorneys’ offices.

You’ll need to know which district you live in for Federal
Court purposes - so look in the white pages of your
telephone book under U.S. Government - Courts - and
take down the address of the nearest U.S. District Court.
Check it out to be sure that your residence is in this
court’s jurisdiction.

You then fill out the forms you purchased, listing all of
your creditors - those with priority being listed first -
meaning those who have extended credit to you against
some sort of security or collateral, followed by those
who have extended credit to you on just your signature
or reputation. You must be sure to list all of your
creditors because any that you fail to list, will be
able to sue you and collect even after the bankruptcy
has been adjudicated. At the same time, be sure to
include the names of anyone and everyone you may
have co-signed a note or a loan for, as well as anyone
who may have co-signed for you.

The laws governing personal bankruptcy vary in all
states, but generally, a bankruptcy judgement will
not take away the house you live in, basic home
furnishings, a car that’s necessary towards your
gainful employment, nor the tools of your trade.
Check these things out to be sure against the list
of items regarded as the necessities of life by
your state.

When you’ve got all the forms filled out, and notarized,
you take them to the Clerk of the U.S. District Court in
your jurisdiction. You pay the clerk $50, and from there,
you’re home free. The clerk notifies your creditors, and
reminds them that being as you’ve filed bankruptcy papers,
they cannot bother you about your debts anymore.

However, they are invited to your hearing. Usually they
don’t show up, because by that time, you have very few,
if any, nonexempt assets left that they are really interested in.

But, whatever assets you do have that are nonexempt,
will be sold by the Court to appease your creditors.
Any money realized from these sales is then added to
the total amount of money you may have turned over
to the court at the time of your filing, and divided equally
amongst your creditors according to priorities.

After all of this has taken place, and usually about 3
months after you’ve been adjudged bankrupt, you can
start all over again to incur debt, pay bills and establish
a new credit rating. However , you should be especially
careful about talking with your old creditors because
they may attempt to maneuver you into signing a
“reaffirmation” of your old debt. The thing to do is to
be sure that you carefully read anything you affix your
signature to, and don’t agree to pay on any debt that
has already been discharged through your bankruptcy!

In some bankruptcy filings, it is definitely advantageous
to hire an attorney to represent you. This is especially
true for people who have assets such as real estate they
want to protect, and/or people who has been operating
home-based businesses or been accused of fraud.
Remember this, if you decide to process your bankruptcy
without a lawyer, then it is your responsibility to fill out
all the necessary forms accurately and completely, and
every bit as precisely as if you had paid an attorney to
do it for you. Leaving out a creditor’s name or address
or forgetting a loan that you co-signed for, will surely
bring on litigation against you even after your bankruptcy
has been adjudicated. Be sure you understand all the
papers, ask the Court Clerk for advice, and if you run
into problems, then take it in to an attorney.

Besides the regular bankruptcy laws, there’s also a little-known
and little-used method of getting reorganized with your debt,
particularly when you’ve got a steady job and just need more
time to straighten your indebtedness out. This is the
wage-earner’s provisions of Chapter XIII of the Federal Bankruptcy laws.

Basically, these provisions allow you to make new arrangements
with your creditors and pay off all your debts over a new 3-year
period of time. When you filed for indebtedness relief under
the provisions of this law, nothing is recorded permanently
on your credit record. You get to keep all your assets, but
you must pay off all your debts. But, so long as the Court
grants you relief under these provisions, and you pay your
creditors according to the repayment schedule agreed upon
by the Court, your creditors cannot bother you. Even if they
have begun a suit against you, once the Court has given
you relief, they cannot touch you! Once you’ve filed under
these provisions, your creditors are immediately restricted
from even contacting you, and get only what the referee
or trustee doles out to them.

Often times, if a creditor threatens to sue you, the most
effective thing you can do is to tell him frankly that if he
sues you, you’ll have no other alternative except to file
bankruptcy papers. In many instances, this will cause
him to take a second look and to do whatever he can to
assist you in paying him the money you owe, but over a
longer period of time, and at smaller monthly payments.
The absolute bottom line is that your creditors know only
too well that if you do file for bankruptcy, their chances of
receiving even half of what you owe is practically nil. Thus,
it’s in their best interest to do everything they can to help
you to continue making payments on the amount you owe,
regardless of how small those payments may be.

When a creditor does sue you, and gets a judgement against
you, he can then get a court order directing the sheriff to
seize your personal property and sell it, with all monies
realized going to the creditor to satisfy your debt. When
they see this about to happen, many people connive to make
themselves “judgement proof.” In other words, they hide their
assets or move them out-of-state before the sheriff or marshall
arrives. This is illegal, but is done as often as not.

Many creditors will attempt to “garnish” your wages. This is
done by getting a court order directing your employer to set
aside part of your wages or salary every pay period and turn
it over to him. First, of course, he has to find out where you
work; and even then, in most states, there are limits set
relative to how much a creditor can garnish your wages.

If you have no job, and no visible assets, or you live in a state
where your wages cannot be garnished, your creditors actually
have very few ways of ever collecting from you.

Many techniques used by creditors and collection agencies
are illegal. A creditor or agency can write letters to you; call
you once a day in quest of a payment; and even knock on
your door to ask about a payment. but he is forbidden by
law to harass you or invade your privacy, or use deceptive
means to get you to pay your bills. He cannot use foul
and abusive language over the telephone, tell anyone other
than you the reason for his phone call, inconvenience you
or in any way threaten your job or your reputation in the
neighborhood where you live.

Still, the best idea for reorganization and settlement of your
debts when you find yourself in an untenable position, is
in-person visits and explanations of your situation with your
creditors, and a desire to explore other possible ways of
mutual satisfaction without involving collection agencies
or bankruptcy. Give it a try - it’s a lot easier than most
people realize.

About the Author

For a wide range of personal finance articles, loans, credit cards, and
debt reduction resources, visit http://www.ReliefLoans.com.

• • •

A Happy Professional Chooses Clients

Category: Articles — Administrator @ 6:07 pm

A Happy Professional Chooses Clients
Author: Dorene Lehavi
Many professionals do not refuse clients out of fear of losing money. However, there is another side to the coin — the high price of the negative effect of accepting everyone who walks in the door.

One happy professional I know, a lawyer, always has a clear view of both his service and his ideal client. Contrary to the conventional notion never to turn away a client, his laser beam approach about what he offers and for whom has brought him so much business he is now in the process of hiring associates to handle the work.

He has a procedure he follows to determine which clients he accepts and which he doesn’t. Everyone is afforded an interview during which the client outlines their expectations. As a patent attorney, he describes the process, the cost and the reality that after a very long period of time, probably years, of living with the case, it may not work out as they hoped. He and the client ascertain if they can live with that kind of commitment.

Next, he clarifies his billing policy stating that nothing will move forward, no filing, litigation, or act of any kind without advance payment. Phone calls are billed in 12 minute increments and calls will be returned within 24 hours. He won’t tolerate foul language or any kind of abuse of his staff. At the end of this interview, it is usually pretty clear if he and the client will be a good fit.

Though my example is a lawyer, professionals in any field can benefit from this type of clarity when taking on new clients.

What can you do to make your practice and life less stressful and more enjoyable when it comes to clients? Here is a suggestion: Make a list of your clients. Design a scale from 1 to 5 or another that makes sense to you. For example, rate polite and patient, reasonable expectations, provides needed information in a timely fashion, constant phone calls during late hours and weekends, abusive behavior.

Which clients are pleasant? Which are high maintenance, have high expectations, cause you grief because of unrealistic demands on your time and attention? Which pay on time and which are in arrears? Which clients are worth your time, aggravation and effect they have on your health and enjoyment of what you do?

Note the details that constitute a pleasant client or a miserable one. Use the information you glean from this exercise to choose new clients more intelligently. Perhaps find ways to bring present client projects to closure or make a referral to someone else in your network.

Additionally, can you honestly say you are the best professional for all of your clients or did you accept some of them because of your policy to accept everyone?
Rate yourself and your staff on how well you meet reasonable expectations. Ask for feedback about your service from clients you value. Act on it.

Holding yourself and your clients to a high level of integrity will serve you well in attracting the right ones to you and you will benefit in other ways: lowered stress, more time for yourself and family, more pleasant work environment, more efficiency, and a happier staff.

About the Author

Dorene Lehavi, Ph.D. is principal of Next Level Business and Professional Coaching. She coaches Professionals and Business Partners. You can get a free sample of her ebook, Stop Doing What You Hate…Start Doing What You Love at http://www.StartDoingWhatYouLove.com. Contact Dr. Lehavi at Dorene@CoachingforYourNextLevel.com or on the web at http://www.CoachingforYourNextLevel.com

• • •

A Faster Way To Settle Your Social Security Claim

Category: Articles — Administrator @ 6:04 pm

A Faster Way To Settle Your Social Security Claim
Author: Marlon D. Ludovice
Understanding the complexity of the procedures in filing for social security benefits and rights can be quite tough to an individual who is not even associated with the Social Security Administration. The time, patience and a lot of paperwork required in filing a claim is also inevitable, especially to those who claim for disability benefits.

The problem of directly pursuing a benefit claim alone is that many times a person files a claim not knowing that they may be entitled to something more than what he is expected to have. And usually the common error of the claimant is the lacking of pertinent documents that will support his claim, thus not just time and effort are wasted but also the money. But with the legal representation of efficient and expert lawyers this can be avoided.

Social security lawyers examine tactfully your personal claim. By presenting to the clients the consequences and the procedures of the benefits claim, fast and effortless filing can be awarded to the person. From the application stage up to the crucial part of your claim the lawyers are there to help you.

In the application stage, social security lawyers will secure for you the important documents needed for the approval of the claim. Lawyers will present evidences in support with your medical records and other reports needed by the Social Security Administration. They can also provide you with expert witnesses to further justify your case.

While if unfortunately you were granted denial in your application, social security lawyers are there to give you further chances to seek for a more serious petition in court. In this crucial stage, lawyers’ credibility and skills in understanding the games of the law will provide you better and clearer information with regards to the requirements on how to win your case. They can also dramatically speed up the process of helping you receive your benefits.

But if you’re thinking that hiring a lawyer might require huge fees for their services, think again because when you hire lawyers to represent your claim, you will retain their service on a contingent fee basis. That is you won’t have to pay attorney fee if you lose the case. But if you win, 25 percent is charged for his service. As they say, it is better than nothing.

Without a social security lawyer, the possibility that you might be denied of your benefits due to technicalities is a risk you must be ready take. In order to avoid it and save for your time, hire a lawyer that will represent you in your claim.

About The Author

Marlon D. Ludovice

Actually I’m not fond of writing, I don’t even write at all. I am not expecting to be in this field. But nevertheless, I love to read books…almost everything interest me. Reading is my passion! And now that I am in an article writer team, writing gives me an additional thrill in myself…Before I love to read books but now I’m also in a writing stuff. I can say that I am not a good writer but I am always trying to be one.

For additional information and comments about the article you may log on to http://www.socialsecuritylawattorney.com

joelm@socialsecuritylawattorney.com

• • •

10 Ways to Keep Divorce Lawyers From Ruining Your Life

Category: Articles — Administrator @ 5:48 pm

10 Ways to Keep Divorce Lawyers From Ruining Your Life
Author: Lee Rosen

Everyone has heard the story (from friends, co-workers, and family members) of the divorce from hell; the one that grinds on for years, costs untold thousands of dollars, and frustratingly plods its way through the court system. It costs people not only their marriage, but often their children, their savings, and their emotional well-being, as well. Unfortunately, many people going through a divorce end up hating their lawyer, and more commonly, hating their spouse’s lawyer. It doesn’t have to be that way. You can get a divorce without letting lawyers ruin your life. Using the ten tips outlined below will make a huge difference in the way your divorce progresses. It’s hard to behave rationally as you navigate this painful process, but the vast majority of people find the strength to get through a divorce without losing control of their emotions or finances. You can control the process and guide the matter to a successful solution, leaving your financial situation intact and allowing you to meet your needs now and in the future.

The reality is that lawyers are people, and like people, there are some awful ones out there and a few wonderful ones. When you hire an awful lawyer (one who creates conflict rather than resolving it, one who makes your divorce worse, rather than better) everybody involved suffers. You suffer, your spouse suffers and your children suffer. Well, not everybody suffers. The awful lawyer doesn’t suffer, so it’s important to do everything possible to avoid hiring that lawyer, because that’s the only sure way to keep divorce lawyers from ruining your life. Here’s how:

1. Don’t hire the wrong lawyer. The lawyer you hire makes a tremendous difference. Use common sense in the selection process. Be observant, ask questions, and don’t hire someone if you don’t feel good about your interaction with him or her. Here are some things to think about in an initial meeting with a lawyer: 1) does the lawyer have a direct dial phone number? You can assume that if you have to go through a secretary or paralegal to reach your lawyer, you will have a harder time reaching him or her; 2) watch out for a messy office; if the lawyer is disorganized you can assume your case will be disorganized. If you see other clients’ documents sitting out in public view, you can know that your documents will soon be sitting out in public the same way; 3) make sure the lawyer has a written client agreement that ensures that you understand your fees, rights and obligations; 4) don’t hire the dabbler – someone that does a traffic ticket case in the morning, a real estate closing in the afternoon and squeezes your case in somewhere in the middle; divorce is complicated enough that you should hire someone who does it all day long, every day; and, 5) don’t hire a lawyer taking on more cases than s/he can handle; ask the lawyer what his or her average caseload is. Handling more than 15 or 20 cases at one time causes most lawyers to become overwhelmed and ineffective. Thinking about these issues when you meet with a lawyer for the first time will help you make the right choice.

2. Don’t let a judge decide for you. The minute you (or your spouse) go to court and ask a judge to decide your divorce for you, you give up nearly all of the control you have over the process. If you want to keep your money instead of giving it to a lawyer, and if you want to maintain control over your life, DO NOT LITIGATE. Go to court only as a last resort, only if all else fails. Try negotiation, try mediation, try collaborative divorce, try settlement conferences but do not litigate. You may win at trial, but at what cost? Will you be able to dance with your former spouse at your child’s wedding? Probably not. Litigation is destructive, expensive and gut wrenching. Litigate only if you have no other option. Litigation is, unfortunately, necessary in some cases. There will always be people that just can not agree no matter how hard you try. Reserve litigation for the most desperate situations.

3. Do hire a collaborative divorce lawyer (and get your spouse to do the same thing). Now you know you want to stay out of court. Do you want your situation to be resolved as efficiently, effectively, and successfully as possible? Of course. That’s the way collaborative divorce lawyers handle divorces. In a collaborative divorce, everyone involved (lawyers and clients) signs a written pledge to keep your case out of court. This keeps everyone involved truly focused on reaching a mutually beneficial agreement, without threatening costly and destructive litigation.

4. Don’t hire a mediator without getting legal advice first. Often, people think that hiring a mediator is a substitute for hiring a lawyer in trying to resolve their divorce. The critical mistake these people are making is this: mediators can not give legal advice. Their role is only to help people agree; the drawback is that they may help you agree to something that you would not have agreed to if you had sought legal advice first. Timing is everything here: using a mediator can be effective in resolving a divorce, you should never, ever hire a mediator without first obtaining legal advice from a lawyer whose only role is to represent your best interests. In fact, any good mediator will insist that you go and get legal advice before any agreement is reached, anyway. If you choose to mediate your dispute, get the legal advice before you begin mediation. It is more efficient and safer.

5. Don’t sign a blank check. Signing an agreement with a lawyer that calls for hourly billing is like signing a blank check. Be careful. Let’s face facts – hourly billing encourages what? Billing! Find a lawyer who can tell you what your case will cost. The only way to be certain of your attorney fee is to get a firm commitment on a fixed fee. Short of a fixed fee you need frequent updates on the costs that you have incurred (if it were our money we would want daily, real-time, updates over the internet) and we would want the authority to accept or reject any action that would result in our paying more money. It just doesn’t make sense to give someone the economic incentive to make your life miserable by dragging things out. Doctors don’t bill hourly – they charge you a fixed fee for your office visit or your surgery. Lawyers want you to believe that they can’t predict your fee. If they won’t tell you how much it costs then don’t buy it.

6. Do a cost-benefit analysis. In divorce, it is easy to get caught up in the emotion and make all of your decisions from that vantage point. This can be a mistake though; spending some time analyzing your case from a logical, cost-benefit perspective can pay dividends. Keep your eye on the ball and stay focused on getting the divorce finished so you can move on with your life. It is not uncommon for divorcing people to do things like spend $500 to get a $100 microwave oven. Don’t do it. If you can’t see a clear connection between your actions and achieving a final resolution of your case, then don’t take that action.

7. Do know your priorities. Frequently people going through a divorce find that their priorities change throughout the process. The things that they thought were most important when they began the process are not necessarily the same things that are most important at the conclusion. It is important that you review your priorities regularly, with your lawyer or on your own, so that you are always mindful of things that matter to you most. Staying on top of your own priorities allows you to keep your lawyer informed and better use the divorce process to obtain the results that your care most passionately about.

8. Do remain flexible. One of the most common mistakes people make when they begin a divorce is to decide that they absolutely, positively must have A, B, and C, and nothing else will be sufficient. Remaining flexible in the divorce process allows you to critically and impartially analyze all of the issues as they arise. This is especially true for people who have reviewed their priorities throughout the process (see # 7 above). Knowing what you want, and being flexible in your approach to getting it, can often mean the difference between success and frustration.

9. Do stay involved. When you hire your lawyer, don’t simply hand control of your life over to him or her and walk away. Your divorce is critical to you, and it’s too important to be delegated away and ignored. Stay abreast of developments on a daily basis. Find a lawyer who wants you to be as involved as you do. Two things to look for in a lawyer who wants to keep clients involved: same day delivery to you of all documents that come in or go out of the lawyer’s office (email is a great option for this) and 24/7 access to your case file. Ideally, your file will be available on an extranet on your lawyer’s website. If you can access your credit card and bank statements online, your divorce file should be online, on your lawyer’s website, as well. Many lawyers use technology to make your life less stressful and more convenient; find one who uses the latest technology to help you stay involved. Involved clients are able to maintain control, reduce anxiety and make better judgments about their future, which helps them to reach positive outcomes in their divorce.

10. Do educate yourself. Knowledge can be your greatest ally. Research the divorce laws of your state, whether through a local law library or the internet. NCdivorce.com is the most comprehensive divorce website in North Carolina. The site features a discussion forum with questions answered by lawyers, a child support calculator, the latest cases from the North Carolina Courts, numerous essays and information on all divorce issues, seminar videos, and lots more. Reading the information on this site will dramatically improve your effectiveness and efficiency in interacting with your lawyer and negotiating with your spouse.

Lee S. Rosen is a Board Certified Family Law Specialist and founder of Rosen Divorce, the largest divorce firm in the Southeastern United States. Rosen Divorce is a multidisciplinary practice of lawyers, counselors and accountants. Visit http://www.rosen.com for more information and articles.

• • •

3 Key Ways to Keep Child Support Funds Flowing

Category: Articles — Administrator @ 5:45 pm

3 Key Ways to Keep Child Support Funds Flowing
Author: Detra D. Davis
If you are one of the millions of parents who receive sporadic child support payments, here are three strategies you can use to improve the untimely receipt of child support payments.

Caution: These strategies will not work for everyone, but remember nothing from nothing leaves nothing.

1. If you are to receive child support payments, insist the paying parent buy a life insurance policy covering the term of the payments, naming you as the owner and beneficiary. Your “ex” will be unable to change the beneficiary without your agreement. Try to have this court ordered at the time the child support order is established.

2. Take action if delinquent parents are consistently late or refuse to pay child support altogether. You may need an attorney or intervention from your local child support enforcement agency.

A measure you may want to take before seeking legal assistance is offering to renegotiate the amount of the child support order. This may sound unfair, even unheard of, but understand that if the amount set by the court does not realistically allow the paying parent to maintain a decent standard of living, the parent is more opt to stop working or leave the state. The question you must ask: Is it better to receive a slightly less amount consistently or a larger amount inconsistently or not at all. You and the paying parent are the only ones who will know if this option would work.

3. Allow the paying parent to use a variety of methods to pay child support. Child support for some parents is more than money. It may be food, clothing, recreational activities, daycare. If the paying parent is willing to provide pre-paid credit cards, gift cards from movie theaters, clothing stores, grocery stores, gas stations etc. all of these items provided, in addition to the court-ordered child support may assist in reducing arrears or assisting when the child support payments have been reduced.

Both parents should understand that together it is their responsibility to care for the well-being of their child, and both are responsible for keeping a record of all contributions made above and beyond the court-ordered child support payments. Court ordered child support payments are only necessary when one or both parents refuse to take responsibility for the financial welfare of their child. So…do the right thing.

About the Author

Detra D. Davis is a Consultant, and technical writer with over 20 years of experience. She writes technical and operational manuals, and works as Parent Educator teaching workshops on the importance of establishing paternity and paying child support. Detra may be reached at 313-446-0896, at www.supportingourchildren.com or by mail at J. Davis & Associates Publishing, P. O. Box 44782, Detroit, MI 48244-0782, Attention: Detra D. Davis.

• • •