Getting the Help You Deserve

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Police officers provide a valuable service, and you certainly wouldn’t want to live in a society that didn’t have a means of enforcing the laws. Nevertheless, there are times when those with the authority to promote security through law enforcement may go too far, even forcing people to seek out legal remedies when officers become overly aggressive in their use of power.

Police brutality is generally considered to be the use of excessive force or unnecessary physical assault on the part of an officer. When this occurs it goes against the civil rights of citizens of the United States. Police brutality lawsuits have sometimes made national news, but many more cases go on without the fanfare. Police brutality creates more victims and causes broader problems for law-abiding members of society.

Should this happen to you, you are entitled to take action against the authorities who have overstepped their bounds. You should take immediate steps, including contacting an attorney who has experience in these matters. A knowledgeable lawyer first will ascertain if you have an actual legal case, and second, will help you seek justice for the wrongs committed against you. These kinds of offenses can take the form of physical abuse, but there’s also mental and verbal brutality as well, and the damage in these areas can be just as devastating.

A lawyer who is experienced in these matters is best able to judge for certain whether your situation merits further investigation and possible legal remedies. So, if you suspect you have been the victim of such abuse, you should contact a lawyer immediately.

 

Filed Under: General Law & Legal Tagged With: , ,

Understanding Rights of the Disabled

 

 

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People with disabilities require a special degree of attention and care. Whether it be their day to day activities, commuting locally or international travel, the logistics and environment have to be constructed in keeping with their unique requirements. However, it isn’t enough to provide infrastructural support to the disabled. Just the way people with disabilities needs require special attention to detail and additional support to perform their daily tasks; they also have the need for special rights.

 

According to the United Nations Convention on the Rights of Persons with Disabilities, a disabled person is defined as people who have long term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society and on an equal basis with others. There are certain specific additions to the rights of disabled people. Some such rights include:

 

  1. People with disabilities have the right to be treated as equals with the rest of the society. Discrimination against the disabled is prohibited under the law.
  2. The disabled have equal rights to life, freedom and security as anyone else in the society at large.
  3. Abusing a disabled person within or outside their home is a crime.
  4. They have equal rights to accessing transportation, technology, communication and information that is available to the public in general.
  5. The right to having housing facilities at par or at reasonable prices with facilities designed to accommodate disabilities.
  6. They have equal right to education with curriculum designed to accommodate children with special needs.
  7. To have the highest level of physical and mental health services available to the society at large.

 

Filed Under: Disability Rights Tagged With: , ,

Protect Your Patent Rights

As the economy recovers, it’s still difficult to find a job. While being unemployed creates many hardships for individuals and families, there has been a silver lining to this situation for some. Being out of work has provided the time and incentive for people to innovate. Whether it’s tinkering in their garage or working in a more formal way on an invention, this economic slump has led some people to develop and create new products. As you begin to look for a manufacturer, distributor or company to buy your idea, it’s important that you protect yourself and your invention.

  • Obtain a patent on your invention. Once you’ve filed the appropriate paperwork with the federal government and have the patent in hand, you have the right to prevent others from making or selling your product. The patent doesn’t give you the right to make or sell the product. Those activities are subject to local, state, and federal laws.
  • Get legal counsel. Seeking the help of a Los Angeles patent attorney or a local lawyer with experience in this field ensures you know how to protect your product. Patents are generally enforced in civil court. If a lawsuit becomes necessary, don’t rely on legal advice you find online. Hiring an attorney might cost you up front, but it will save you money in the long term because your invention will be protected.
  • Do research. Become familiar with similar existing products that are on the market. Keep tabs on companies that are making and selling these products to ensure they aren’t infringing on your patent.

Use patent rights to protect yourself and your invention.

Filed Under: General Law & Legal Tagged With: , ,

Laid Off Employee Rights Help

Company lay offs are an unfortunate consequence for many people. Sometimes a company may not fairly compensate its employees for time worked before the layoff. The act of receiving compensation owed is confusing for anyone not in the legal industry. Receive help from a legal professional in our office.

Compensation

In some situations, former employees may have a right to various forms of compensation from their former employers. Workers should receive their final pay soon after the last day of work.  Earned bonuses, commission and vacation pay might apply to compensation owed depending on the employment agreement.

Legal Counsel

Most employers compensate their former employees adequately, but others attempt to prolong the process. Using a legal professional can make the complicated process less stressful. An attorney working for you may ease the burden of paper work, verifications and legal pleadings. Consider the guidance of our professionals to answer questions and report all available options.

COBRA

Talk to someone from our office about laid off persons and the Consolidated Omnibus Budget Reconciliation Act (COBRA). COBRA is an extension of health insurance coverage after employment ends. The majority of companies are required to offer COBRA to former employees.

Severance Pay

Not everyone is entitled to severance pay, but some employers make employment contracts that include them. Talking with a legal professional regarding this type of compensation can be beneficial. Depending on the company’s status, severance pay defined in employment contracts may not be enforceable.

Summary

Laid off workers have rights regarding compensation. At times, a legal professional must intervene on their behalf to receive owed benefits. Let our office ease the tension of working with a former employer.

Filed Under: General Law & Legal Tagged With: , ,

Hiring an Attorney for Disability Appeals

Applying for disability benefits can be a confusing and complicated process. It can feel extremely defeating, when a first application for disability is not approved. Over half of all disability claims are denied in the beginning. Consider hiring an attorney to work with you during a disability appeal.

Social Security Programs

There are two federal disability programs: disability insurance and supplemental income. The Social Security Disability Insurance (SSDI) program is for persons with a disability that makes it difficult to become or remain employed. Compensation under SSDI can be temporary or permanent depending on the disability. Requirements must be met including a history of employment.

Supplemental Security Income (SSI) benefits are for disabled people whose incomes are below a certain level. SSI is for low-income persons only, a rise in income may decrease benefit amounts. Past employment is not relevant for this program.

Criteria

The Social Security Administration (SSA) classifies the eligibility of disability benefits as: mental or physical condition that prevents engagement in productive endeavor. The circumstance should last for at least 12 months (or death); persons are required to be under sixty-five years old and worked five out of last ten years before injury.

Attorney’s Role

Legal professionals that take-on disability claims know the process extensively. Their knowledge and experience prepares them for the complexities of receiving benefits from a federal program.

The Process

The Social Security Administration is the government agency that oversees disability claims. An experienced lawyer can enter pleadings on the behalf of their client for a review of the disability claim. A disability report and medical release forms are requested before a hearing is performed. Law counsel will discuss any additional forms or information that may be required.

Filed Under: Disability Advocates Tagged With: , ,

Disabling Conditions Require Treatment

In order to qualify for social security disability insurance (SSDI) benefits, you must be receiving treatment for your condition.  The Social Security Administration evaluators will not believe your disability is real without evidence of diagnosis and treatment. A diagnosis certified by a medical professional will not be sufficient for a treatable condition, because the evaluator needs to know whether the condition would improve with treatment. Benefits are not given to individuals who have treatable conditions unless it has been demonstrated that treatment was administered, but failed to alleviate the condition.

A complete application will include records from every medical provider you have ever seen for your illness. Physicians, hospitals, clinics, and other providers’ records should be submitted to support any claim. The evaluator needs all of these records in order to get an accurate picture of the condition, its history and prognosis. Conditions that do not last at least 12 months do not make a patient eligible for disability benefits. Of course there are many conditions that can be projected to last at least one year, and medical evidence of that prognosis will be used to certify a person for benefits.

In some cases treatment is not received due to circumstances beyond the control of the patient, such as inability to get insurance coverage. That would be considered a mitigating circumstance, so documentation of why treatment could not be received is required. Ongoing treatment that can be expected to reverse the disability must also be monitored, so that if the disability is reversed, and the client is able to return to work, he will no longer receive benefits.

A person who refuses treatment for a medical condition makes himself ineligible to receive disability benefits for that condition. It only makes sense that a person would do everything in his power to overcome a disability, rather than try to make a career out of it.

Filed Under: Disability Advocates Tagged With: , ,
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