Thursday, December 31, 2015

#NewYearsEve #webcomic #stickman

#GeorgeWashington #sketch

Wednesday, December 30, 2015

#WXII Attorney Michael Wells Jr. discusses HB 607 #IDtheft #consumerlaw

Protecting your child's credit
http://bit.ly/1P0GTw9

Shared from the WXII app - https://itunes.apple.com/us/app/wxii-12-news-piedmont-triad/id505569365?mt=8&uo=6&at=1000lpD&ct=appshare



#BillCosby charged criminally

For alleged crimes that supposedly took place almost twelve years ago.  Prosecutors claim there is no evidence, and the charges were brought within the twelve year statute of limitations.  It is likely new evidence came to light as a result of all Cosby's bad publicity lately.  In spite of the bad publicity, it will still be difficult to convict Cosby given the passage of time.

Monday, December 28, 2015

#TamirRice grand jury refuses to indict #blacklivesmatter

Apparently a ham sandwich can't be indicted.  Cleveland continues the tradition of letting cops kill innocent block people.  This time it was 12-year-old Tamir Rice, but race isn't an issue in America, right?

Thursday, December 24, 2015

#BB8 #StarWarsForceAwakens


#Christmas doesn't last all of December

But some people think it does.  They stop working in December and don't really get going again until the middle of January.  Consequently, December isn't a very productive month for many in spite of being 1/12 of the year.

December has been a great month for me for many reasons.  But I have enough sense to make sure I make money in December.  Not everyone else does.

I control my spending unlike some, and I bring in more money.  I don't impulse buy and am not entranced by useless technology that costs a lot.  In other words, I don't view money as a mystery whose secret is doubly encrypted.

Friday, December 18, 2015

#DARElion didn't work


CLE "physical presence" requirement for lawyers doesn't mean actual presence #lawyerslife

I'm sitting at a CLE about to watch a video because I have to be "physically present."  Such a legal fiction.  Why couldn't I have done this from home or my office?  So it goes, but this does appear to be an interesting class.  We get to hear about Aristotle.  Useful, right?

Wednesday, December 16, 2015

#Medicaid continues to suffer under #NorthCarolinaGOP led #NCGeneralAssembly (malfeasant #rumpparliament)

They refused to take Medicaid money for 300,000 people because they didn't like Obamacare.  This has caused thousands of people to die for lack of medical care and left hundreds of thousands without healthcare.  Obamacare allows for an expansion of Medicaid unless the state refuses to take the federal money.  NC refused it here.

Now people are suffering.

Wednesday, December 9, 2015

Justice #Scalia made disgraceful statements on affirmative action

He said black students were incapable of doing the work at major universities, and getting in because of what he viewed as affirmative actions wouldn't help them.  Then he said most of the major black scientists came from lesser schools because they were able to do better at less challenging schools.  And he's not racist, right?

My daughter's onesie #lawyerslife

Tuesday, December 8, 2015

#SocialSecurity disability is about the narrative

I've handled enough of these cases to know it is about a compelling story.  Not fiction, but it needs to be a sympathetic  story.  It is easier for a judge or other SSA officials making a decision to pay out a case where the narrative makes sense.  And what needs to make sense?  It needs to make sense that based on this person's ailments he or she cannot work.

How do you go about constructing this narrative?  First, look for credibility.  Does what the claimant says match up with what the evidence says.

Second, are the ailments ones that would make someone disabled.  In particular, do the ailments, circumstances and the relevant legal standards make this person disabled?  Sometimes that is obvious, and sometimes it isn't.

Are there hard and fast rules for SSD cases?  Not really, but the narrative needs to be compelling or you won't win.

Monday, December 7, 2015

#SocialSecurity disability is byzantine in its complexity

Social Security disability is extremely complex.  The rules for applying and submitting evidence constantly changes.  It is enough to leave even seasoned lawyers scratching their heads.

For example, it is difficult for attorneys to file initial claims for disability online because SSA sends back the application to the individual claimant.  The application must be signed by the claimant and witnessed.  This defeats the point of hiring a lawyer to "cut through the red tape."  If the application isn't verified in a proscribed period of time, then the application lapses.

In order to combat this, I follow up with the client multiple times over the weeks after submitting an initial application.

Generally speaking, it is better to have a lawyer because lawyers can keep track of these things, pay attention to the deadlines, submit medical evidence and, most importantly, represent claimants at the hearing.

Following up and keeping records of everything are the best ways to deal with the vagaries of SSA.

Tuesday, December 1, 2015

Social security disability takes longer every day

It is not for the faint of heart. There are obstructions everywhere. There is a maddening amount of complexity.  And the rules change. It is difficult to know what to do. Even for lawyers. That is why is it it is important to have lawyers who are experienced with these types of cases.

Sunday, November 29, 2015

12 % less Social Security disability cases prevailing at the hearing level

this year.  And why is that?  Cuts to local offices and hearing offices by the Republican Congress.  It takes over two years to get a hearing.  Way too long.

Saturday, November 28, 2015

NC prison bans #Saga

for graphic sex depiction.  Jesus.


#PlannedParenthood attack made by a Christian terrorist

He wasn't Syrian nor was he Muslim.  No he was a white, Southern (from NC), Christian.  Not the elusive "other" spoken of on FOX News and in conservative internet rags, but he is part of the "Christian America" that poses the greatest threat to America.  This should unsettle us, but it shouldn't surprise us.  How else can you explain Donald Trump's success?

Monday, November 23, 2015

#microstory "A man named Zaxby"

"Where'd you get a name like Zaxby?" said the ER nurse.

"My mother liked chicken."

Zaxby loved to use prodigious amounts of hair gel, and it added to his property manager persona.  But no one liked Zaxby because he was a douche.

One day Zaxby tried to light a cigarette when a stiff breeze blew igniting his hair.

An eye witness said, "That boy put more grease in his hair than's on the chicken his mama named him after.  No wonder his hair went aflame." 

#chud who is demanding

#micropoetry "Greasy"

Your greasy hair 
could light a 
flame that 
doesn't exist in 
your brain.
But it would 
burn anyway 
illuminating 
your unknowing.

Saturday, November 21, 2015

#micropoetry "Fake pictures"

Profile photos 
that aren't you.
Because the real you 
should be hidden.
But not necessarily your 
outside although you put 
that on full display.

#microstory "Dravon Rain gets his"

"I should have left that woman alone," 'Dravon Rain' said.  He clutched his side where he'd been shot by a jealous husband.

Ronnie was his real name, and he had been fat for years until the last few years.  Now he was in good shape, and he'd gotten that way from working at a local car wash.  When women started paying him attention, he decided to offer his services under the alias Dravon Rain.

He would leave a card in cars of the women he washed with a picture of him shirtless and long hair.

One woman named Misty Dawn called him one day.  He thought the name was an alias--it wasn't.  She asked him to show up at her house.  He did.

She pushed him on the couch and jumped on him.  Her husband, Donnie, busted in and said, "Dammit Misty.  You are at it again with another man."  He pulled out his gun and gut shot Dravon.

Friday, November 20, 2015

#Syrianrefugees aren't a threat

Syrian refugees aren't a threat.  Less than five out of eight hundred thousand refugees admitted to the United States since 2001 have been charged with a crime.  Refugee status is the most strenuous of all immigration statuses.  In fact, it is much more difficult to receive refugee status than protection under asylum status.

And why Syrians?  Why not Belgians too by that twisted illogic?

Don't expect ignorant bigots to make such distinctions.

"Looking for lunch" #penciler

A twisted take on those silly "Jesus Fish."


Wednesday, November 18, 2015

#micropoetry "Lurking"

You lurk in the darkness
because it calls you
from inside.
It is in you, of you
and all of you.

Tuesday, November 17, 2015

#micropoetry "Lit by Darkness"

The man in the black car
is lit by the darkness.
Because he is 
blacker than the darkness.
Even the absence of 
light can illuminate 
when juxtaposed 
with something 
more perilous.

Thursday, November 12, 2015

#microstory "Elroy Unhinged"

"I want to do it my way," said Elroy.

"You don't always get your way," said the barista.  Elroy stormed off, his tailored (yet still cheap) suit flowing behind him.

Elroy got into his SUV, and a voice came over the loud speaker.  "You can get what you want... always...for a price."  A purple aura glowed in front of Elroy.

"All you have to do is honk twice."  Without thinking, Elroy honked twice.

Elroy found he got his way after that, but there was a price...

A black devil showed up at his doorstep late one night.  "You will always get your way, but I get my way too, servant."  Elroy panicked, but there wasn't anything he could do.  If he hadn't been such a goof,  he would have remembered Doctor Faustus.  But he didn't, so he failed to heed its advice.

Monday, November 9, 2015

Sunday, November 8, 2015

#microstory "Follower"

The man who drove the wite van thought he wrote a story about him.  Ronnie was his name.

"No, the story isn't about you," he said.

"It must be."

"No.  Nothing is about you.  That's why you are in the Tea Party."

#micropoetry "Bulky"

Sponging off others
can make you fat
temporarily.
But eventually you
run out of food.
Then you starve.
But you remain fat.
Fat is a state of mind.

#microstory "White van"

Dillwood wore camouflage everywhere even though he had never been in the army.  And he drove a creepy white van.

He saw a man duck behind a dumpster at the coffee shop one day.  "Stop," he yelled.

The man ran.  Dillwood pulled out an Uzi he bought at the Moravia Tea Party convention.  He fired and missed, but the bullets bounced off the dumpster and hit him.

Then he fell out.  The man walked up to Dillwood, and Dillwood could see he was tall and well built with dark hair.

"You missed," he said.  Then he walked off.  

#microstory "Trapped"

Sage broke the crystal, and everything changed after that.

Donnie didn't know how long he'd been trapped in the crystal over Madison's mantle, but he was tired of being there.  She'd "crystalized his essence" months ago, and he hadn't been able to escape since.

"I'm going to have you forever," she said.  Madison never went to sleep without saying that to the crystal.

Sage broke in Madison's house, ran to the crystal and broke it.  From the broken crystal emerged  Donnie, naked like a baby out of the womb.

"Come on dad," Sage said, "we gotta get out of here."

"You can't go," yelled Madison.

"This is the end of your redneck fairytale," said Sage.  Then they walked out the door. 


Thursday, November 5, 2015

#micropoetry "Four Weeks"

Twentyeight days.
Four weeks.
Four Thursdays from now.
December 3rd.
It all changes.
It begins.
Something that is 
fully us but 
more than us too.

#microstory "Imperfect self-defense"

"I thought he had a gun," said Ashton to the police officer who arrived on the scene.  Ashton sold cheap jewelry to people who didn't know any better.

A man showed up one day and demanded to see the Rolexes.  Ashton pulled out his gun and shot the man.

"I was defending my business and property," he said.

"He didn't have a gun," said the officer.  "And he just wanted to see the watches."

The DA brought the case before the grand jury, and the grand jury indicated him for 2nd degree murder on account of his acts being so far beyond the pale.

The NRA paid for Ashton's defense--his claim of self-defense--though it was more a case of imperfect self-defense if that. 

#lawyerslife are you my lawyer?

No dude.  I'm not.  I don't know you.

#microstory "White BMW"

"Can I get 5 dollars?"

I handed the money to the middle aged white man with a beard yellowed by tobacco.

"How about 6?  We got to get to Martinsville to work the race."

"Fine," I said.

"God bless you," he said.  Then I saw him get into a white BMW and drive off.

#GuyFawkes