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

Shared from the WXII app -

#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.