Law 102: Michael Jackson’s kids - not over yet
Today, I read in the paper where Katherine Jackson and Debbie Rowe have come to an understand about Michael Jackson kids. Ms. Jackson will have custody and Ms. Rowe will have visitation. Ms. Rowe’s parental rights are restored. Ms. Rowe will not receive any money beyond what she’s receiving.
They should have added a phrase that says “……..For NOW”.
Now, some of you are probably thinking, “yaaaaay, the kids stay with the Jacksons and Ms. Rowe won’t get any money.”
Again, I say “……. For NOW”.
Now, I’m not an expert but this move may have been a brilliant move on the part of Ms. Rowe:
1) Visitation re-establishes a relationship. The simple fact that may have hurt Ms. Rowe was that she had NO relationship with her children at all. They didn’t know who she was. They didn’t know she was their biological mother. They didn’t visit her. Her ability to demand their custody may have been hampered by these facts (coupled with the alleged fact that she relinquished some of her parental rights). By allowing visitation, she may be able to establish a relationship with the children. Depending on the type of visitation (overnight, extended visits, etc.), she may be able to spend a great deal of time bonding with the children.
2) Agreement revives parental rights. The agreement allegedly revives her parental rights which gives Ms. Rowe the ability to assert an interest in the children as it relates to their well being. As time progresses, the more time she spends with the children, the stronger her position becomes as it relates to asserting her parental rights.
3) Ms. Jackson’s age may be an advantage. I know this is a morbid point but Ms. Katherine Jackson is 79 years old. Hopefully, by the grace of the almighty, Ms. Jackson lives to be 109 years old. With one child being 12 and the other 11, these kids could reach the age of majority (18) by the time Ms. Jackson turns 86. However, with the youngest being, 7 years old, Ms. Jackson may be 90 years old. If everything works perfectly, Ms. Jackson will have the pleasure of watching all 3 children graduate from high school. However, if she passes away before this time, Ms. Rowe may be able to use the time she has had establishing a relationship with her children as an opportunity to modify the custody arrangement.
4) No money now may mean more money later. Recognize one fundamental point - ‘The money follows the kids’!!! If Ms. Jackson passes and Ms. Rowe is awarded custody, she still stands a great likelihood of receiving money on behalf of the children. Now, someone can easily argue that a trustee should handle the money but make no mistake, she can still make a compelling argument that if she gets the kids, she should be able to handle the money.
5) Estates rights v. Parental rights. I know this is prospectively speaking but the simple fact is that if Ms. Jackson passes away over the next years, Ms. Rowe (depending on how often she visits the children) may be able to assert her custody rights. This situation may get tricky if Ms. Jackson inserts a provision in her will regarding the children OR if the estate emphasizes that the children should go to the secondary custodian, Diana Ross. Make no mistake, Ms. Rowe will have a compelling argument that her Parental rights trumps any will that may be in effect at the time of Ms. Jackson’s passing.
6) Best interest of the child. All of these points sound like a very elaborate and integrated chest match. However, at the end of the day, the governing factor will always be “What’s in the best interest of the children”. Whatever course of action, this factor always takes precedence.
Right now, both parties did the smart thing. They didn’t go through a lengthy fist fight which would have been extremely high profile. For Ms. Jackson, she has the ability to ensure that her children maintain a close relationship with the only family they know. Ms. Rowe will develop the relationship she never had with the children. In the end, this looks like a very elaborate and complex chest match with the children being used as pawns. In any legal proceedings, you have to move one piece over and lose a piece before you get a check mate.
Just remember, this situation is far from over.
Some forceful focuses to help you fist fight your foreclosure
Let me be the first to tell you that there is NOTHING sexy about Foreclosure. And I’m sure that there are HUNDREDS of websites out there that will give you a million and one tips to fight off the foreclosure monster.
Well, allow me the opportunity to provide you with tip number 1 million and TWO:
1) Detail who you discuss things! When things get crucial, you will probably get a lot of correspondence from the lender regarding the property. Keep these letters for your benefits. Also, write down the name, title and phone number of any representative that you spoke to regarding your case.
2) Your MORTGAGE is MORE than just a piece of paper! Your mortgage typically outlines what things have to happen before you get foreclosed. In some instances, the mortgage documents will outline specific provisions the lender can provide to you. Pay attention to whether these things have happened.
3) TAKE it to the BANK! In some instances, lenders will tell you (maybe not in writing, which is why you need to document who you are talking to when you speak to the lender) that you don’t need to pay anymore because you are in foreclosure. As a result, you have a surplus of money. DON’T SPEND IT!! Put that money in a savings account or trust account (if you have a lawyer) so that you have those funds if you need renegotiate or refinance your mortgage.
4) You gotta SHOW them the money. You have to be able to demonstrate how you’re getting money. This means, you need to have your pay stubs, tax records, and any other documents to demonstrate your financial means.
5) Recognize your position. People, foreclosure usually means the DOGS are at the DOOR! In other words, your ability to financially maintain the household has some how changed and prevents you from being able to continue to do so. The reality is that you have to ask yourself “CAN you afford to pay for the place you are living?”
6) Understand their position but don’t push it. No matter how much you want to say that the property you live is not worth the aggravation to the lender to get it back, it is STILL their property to pursue. Lenders are smart. They know what they are dealing with and it’s smart to not assume that they are just going to ‘ROLL’ and let you stay in the property ‘just because’ they can’t sell it.
7) Always FIGHT! If you REALLY want to keep your home, do your homework, contact an attorney, reach out to the lender, keep your documents, and DON’T GO QUIETLY!
Alot of times when the foreclosure monster comes calling, we don’t always know what to do in order to properly fight the proceedings. Be prepared to take the steps to keep your home and hold on to it as long as you can.
Don’t get mad, Jessica Simpson, you may have dodged a bullet: Co-mingling lifestyles and the legal perils
Right about now, I know that Jessica Simpson is probably sitting over in the corner ’salty as hell’. And don’t sleep, I FEEL her pain. How many of us have been in a relationship with someone who did something ‘COMPLETELY STANK’ at the wrong time? Now, I’m not casting judgment on Tony Romo because I don’t know what he did or did not do. However, I fully understand how it feels when you are put in that funky fly situation and it feels like you are picking your face up off the ground.
Unfortunately, the reincarnation of Ms. “Daisy Dukes” herself is not the first person to go through a painful breakful in a very FOUL way. We spend alot of time looking at the devastating and financially crushing divorces of married couples. However, we don’t stop for a second and look at how crucial ‘breaking up’ with a boyfriend or girlfriend may be from a legal perspective:
1) The LEASE is LETHAL, part 1: Residence. You’ve met that special person and now, you have decided to move in together. Well, let me tell you something wild. When their name is on the lease, unless there is a court order instructing them NOT to be in the residence, they have JUST as much legal right to be there as you. So keep THAT in mind, when you decide to flex and lock someone out of the apartment or home to prove a point OR if you decide to tell them they have to stay somewhere else.
2) The LEASE is LETHAL, part 2: Credit & Finances. Now, if you KNOW you can’t afford a place by yourself, why would you SWELL Up, put someone OUT of the place, and then EXPECT them to keep paying their portion of the rent???? You feel me on that logic? In the grand scheme of things, when you co-sign on a lease (or a mortgage), you BOTH are on the hook to make sure that thing gets paid. So if one person refuses to pay, guess who has to take up the slack.
3) The LEASE is LETHAL, part 3: Eviction. Ok, so you both decide to get stank and neither of you are going to pay. So you get evicted! You’re cool with that?? Good. Recognize, in some states, that eviction will remain on your credit for about 7 years (that’s right, SEVEN YEARS) and don’t nobody wanna hear about how your man tipped out with that trifling female or how you caught your girl with your boy! blah! blah! blah! The only thing that matters is that for whatever reason, you stopped paying the rent.
4) You may not be able to put them out! OH, so you think that if you avoid putting the person on the lease or mortgage then you should be fine? Again, check your laws in your state. In some instances, if a person can establish that they have been residing in the residence for a period of time, you may not be able to evict them (either forcible or legally) unless their is some allegation of abuse or other criminal activity.
5) JOINT accounts may get with you. Live by the joint credit accounts / die by the joint credit accounts. So you want to put your money together? That’s cute. You get a few joint credit cards. You have a few joint bank accounts. Then, all of sudden, BAM! The relationship goes sour and then what happens. One person runs up the credit card while the other is stuck with the bills. One person cleans out the joint account. All in one fell swoop, everything is lovely and then, NOT!
6) What is your property rights in a home you both bought together? Check the laws of your states as it relates to your property rights if you and your significant other decide to buy a home. Most marriages fall under the legal concept of either “Joint Tenants with Rights of Survivorship”. However, some persons can obtain a “Tenants by Entirety”. Joint Tenants with Rights of Survivorship basically means that both the husband and wife share equal property rights as one and if one dies, the surviving spouse receives the deceased property rights in the home. Tenants by Entirety pretty much has the same effect where both tenants are viewed as one and when one passes, the surviving tenant receives the deceased property rights in the home. However, when purchasing a home, you may have a “Tenants in Common” property right. Each party has a 1/2 interest (if there are two tenants or 1/3 if there are 3, etc.) in the property. So what do you think will happen if someone moves out and the remaining person sells the home, that other person is going to want their half.
7) Personal Property, their’s, mine, or ours?? Oh yea, this part is where it REALLY gets stank! You’ve bought things for each other. it’s been lovely. Now, you are trying to decide to what is yours and what is mine and who is titled to what. Never cute.
The simple breakup (if there is such a thing) is where both party walks away and still remain friends with no messy legal consequences. However, when you factor in the number of couples who co-habitate and mix / mingle funds and assets, you can quickly see how some couples’ situation can be just as messy as divorce.
Whether you are a BALLER or A SCHOLAR - Play it smart: There are ALWAYS 2 sides to every story!
I have a good friend who went to graduated from law school with me who ALWAYS throws out this famous line: “There are ALWAYS two sides to every story!”
Now, this line is not anything special because it’s been used over a million times but I am ALWAYS amazed at how quickly she throws out this comment when something racially or emotionally charged comes rushing out. However, she’s making a powerful point. And NOTHING more powerful than when the police are involved with a particular situation.
What I have found in this Twitter / Facebook / Myspace / Diggs Rennaissance community is that we are always swamped with snap shots of situations but not necesarily the who picture.
Right now, front page is the arrest of noted scholar Henry Louis Gates. Dr. Gates is a powerfully educated scholar who is African American. Dr. Gates was arrested on his own porch after a highly visible confrontation with a police officer. Instinctively, this arrest defies logic on its face.
But I want to take an opportunity to use this example of how you can find yourself in a unique situation and how that situation can be seen in a variety of different ways. While I do this, I want to draw a comparison to Dr. Gates’ arrest to the NFL Player who was stopped at a routine stop while rushing to see his dying mother in law:
1) Recognize, some people may not KNOW who you are. I am not saying that anyone should receive preferential treatment for their actions. However, we as individuals will some times give deference if we are familiar with the person we are dealing. It is important to understand that in some instances you may be dealing with someone who does not know who you are NOR do they care.
2) KEEP COOL! Even though we don’t know all of the facts regarding Dr. Gates, we do know that there was a confrontation. The best thing about the NFL player situation was that a video camera taped the whole incident. In the player’s situation, even though he was getting upset, he didn’t lose his composure (and he had a right to). The player sat there and took that ticket KNOWING that his mother in law dying (that was a real moment where most of us would have probably clicked).
3) Remember the TOTALITY of the circumstances. So many times, we focus on one small aspect of a situation and we MAGNIFY it. However, when you factor in everything before and after that moment, that one small aspect appears SMALL! Remember, your actions before are just as important as your actions during and AFTER the fact!
4) Your power is based in your ability to remain CALM and COLLECTED! So many times, people are put in the position of wanting to ‘get gangsta’ or ‘click’ but people don’t appreciate how powerful it is for you to ‘maintain your composure’.
5) Always look at the OTHER side! Can you justify what someone else WOULD have done? Take your emotions out of situation and take a moment to logically look at a situation. Sometimes, we get so fired up after a situation presents itself that we don’t look at the worst case scenario and determine if we would deal with the scenario as the other person did.
Now, I am not justifying the action of the police or the actions of Dr. Gates. I am merely pointing out that with any situation, it is important to look at the overall scope of the situation before rendering any type of opinion. We are all educated so continue to allow your self to be educated about a situation.
Children and benefits: Kids are NOT a meal ticket
Alright, alright, BACK IT UP! I know that someone is reading this title now and getting FIRED UP! But before you tell me to “Go to HE…!!” or “GET OUT MY BUSINESS” or “DON’T TELL ME HOW TO RAISE MY KIDS”, slow your roll, pause and put it in reverse.
You need to understand that this country has hundreds of children who are great need of monetary benefits in order to receive the care and attention they deserve. In addition, families who have children with various needs are tasked with a huge responsibility that many average persons can not relate. So, I don’t want anyone to think that I am slamming people who attempt to obtain Social Security benefits on behalf of their children.
However,……(and you know there is HOWEVER), several years ago, I started hearing parents refer to disability checks obtained for kids as “CRAZY CHECKS”. Now, this really throw me because I didn’t know what that meant. After some discussions, I realized that there was a perception that the best way to obtain disabilty benefits for kids was through an allegation that they had a mental problem, it was possible to obtain Supplemental Security Income (a program under the Social Security Administration which provides needs based financial assistance and Medicaid insurance coverage for individuals including children).
As devastated as I was when I heard this, after a period of time, I observed that it wasn’t uncommon for some parents to utilize their children as a mechanism to receive additional financial assistance. Interestingly enough, not alot of people like to talk about this because who is going to admit that they are trying to get money by using their kids.
Yes, it’s sad but it is a reality. Some people are trying to get their “hustle on” and this way is just one way to do it. However, when I speak to parents who have kids, I try my best to keep a few things in mind when they are attempting to get disability benefits for their children:
1) A DEDICATED ACCOUNT MAY KEEP YOU FROM RUNNING DIRTY! Some times, parents don’t realize that they are being analyzed when a determination of benefits has been made. In some instances, Social Security may authorize the creation of a ‘dedicated account’. A ‘dedicated account’ is an account that has very specific things that can be purchased and social security must be provided an accounting of those things. These accounts are usually set up in situations where there is concern about the parents’ handling of the money.
2) YOUR MONEY makes a DIFFERENCE! Sometimes, parents forget that SSI benefits are NEED based so they think that if they get a big bonus or settlement from some other source, they will be riding high! Unfortunately, this is NOT the case. If you get money from SSI and you get a windfall of money, your SSI may be temporarily suspended until you spend the money down.
3) IF YOUR CHILD is REALLY SICK, treat them that way! Every now and then, I get a few parents who get the high pro glow because they think that once their child gets SSI benefits, they don’t need to do anything else. Most of my parents who have kids, genuinely want to make sure that they keep getting the treatment and attention they need. Remember, your child may get evaluated in the future by SSA.
4) ONE for ALL and ALL FOR ONE! NOT! Please don’t think that just because ONE of your kids got disability, that all of them can get it for the same thing.
5) 18 and OUT THE DOOR! Remember, in most cases, when the child reaches the age of 18, the child can now apply for SSI benefits as an adult (which means the parents no longer can control the money).
Like I said, I’m not trying to say that ALL parents run dirty. I’ve represented hundreds of parents who’s kids genuinely need help and the parents are struggling to do the right thing. However, it’s important that parents understand that their child is not a ‘pot of gold’ at the end of rainbow.
Law 101: The MICHAEL JACKSON case
I know this sounds blasphemous to all of those die hard and loyal MICHAEL JACKSON fans but I truly believe that Michael Jackson will teach us MORE in death than he did in life.
Now, before you start calling me a devil, set my name on fire and condemn me to the dark depths of the abyss, hear me out.
It is fairly well settled that Michael Jackson was a very private person. His affairs were private and there were a multi-tude of things that attributed to this privacy. Now that he has passed, we are getting access into his life in ways we never imagined possible. Before you spend countless hours rummaging through the tabloid for needless info about the King of Pop, stop for a second and look at all of the legal lessons we can learn from the King of Pop:
1) CONFIDENTIALITY agreements - Most people don’t realize that the reason Michael Jackson was able to keep a great deal of his employees from communicating his private exploits were due to confidentiality agreements. These agreements were probably written in the form of basic contract provisions. (i.e. you provide a service, I’ll pay you this amount). However, when you have the ability to have access to icon like MJ, you are going to have access to information the general public would want to know. As such, these ‘confidentiality agreements’ typically allows for legal remedies if they are broken (i.e. if you talk about something, we will sue). DO you think you have enough money to go against the King of Pop for Breach of Contract?
2) FAMILY LAW - Get ready for the RUMP SHAKER of all Family Law cases. You have 3 kids involved. A will that designates a grandmother as primary and a non relative secondary. A mother who’s parental rights have NOT been terminated but may not have had any role in the kids’ lives for more than 10 years. The “BEST INTEREST OF THE CHILDREN” standard typically dictates most jurisdictions but this situation is going to be unique in terms of where these children should be raised.
3) ESTATE LAW - We all know the importance of having a Will. For a brief second, we thought that MJ didn’t have one. What’s wild is that MJ has a complicated estate with his minor children as heirs and various monetary, real, and intellectual property as part of the estate. At some point, somebody is going to contest the validity of the will and so now, you have the mother of all fist fights regarding the assets laying in wait.
4) INTELLECTUAL PROPERTY - The trickiest part of the puzzle is MJ’s Intellectual Property. Intellectual Property is that property that was created as a result of your intellect. Intellectual Property consists of property such as Trade Secrets, Trade Marks, Copyrights and Patents. Most people probably think that MJ should have been oozing with money. However, they don’t realize how much of his property actually were intellectual property such as royalties and the Beatles Catalogs of music. As each day passes, you’re going to find out that MJ probably had more intellectual property in hand as opposed to real property. You’re going to, also, find out how much value his albums were worth and how profitable was each album AFTER Thriller!
5) MEDICAL MALPRACTICE - With the death of MJ being ‘allegedly’ attributed to the medication that he was taking, be prepared for some concern about the possibility of medical malpractice. Any time you have a situation where an individual may die while in the care of a health care provider, medical malpractice is something that usually comes into play.
6) BUSINESS LAW - This part of the law is probably the most profound. As you are probably hearing, alot of information is coming to light regarding the advice MJ was receiving from his business confidants. As such, you will start to get a great deal of insight into the decision making and feedback MJ was receiving that may have guided his decisions (especially as it relates to Civil Cases that he may have settled)
7) CRIMINAL LAW - As most of you remember, the MJ trial was extremely high profile. However, a great deal of information about the details of the case was not provided. In light of recent ‘allegations’ that some of the victims may have ‘potentially’ fabricated the charges against MJ, the public will be reintroduced to the details and nuances of the trial in a whole different perspective.
I know this may sound harsh but there are so many people out there who want money, power, fame and everything that comes along with it. Here’s a man who STILL holds the world’s record (25 years later) for the most albums sold and is STILL in the GUINESS BOOK OF WORLD RECORDS as the world’s greatest entertainer. He has been in the music business as a top selling performer since the age of 5. Now, if he can have all the money problems and asset problems that he had and he was CLEARLY a multi-millionaire entertainer, what makes you so special?? Take a moment to really study the blessings and hardships that this man experienced. Maybe you will learn some valuable lessons from MJ that can benefit you through your career.
What do I do when an attorney is not enough?
A good friend of mine found himself in a very tough situation. His daughter is attending a charter school. He recently found out that his daughter’s charter school is among the many that is being considered for closure by the school board. As a result, he found himself in the unique position of trying to figure out what to do to save her school. He contacted me and the only things we could think of was going to the school board, alerting the media, or starting a letter writing campaign. I’m not sure how this will work out but I really felt bad that I couldn’t do more.
Which brings me to my point of discussion. SO many times, when things get “ON AND POPPIN”, people run to try and hire an attorney. Now, don’t get me wrong, as an attorney, I like it when it’s “ON AND POPPIN” because that means I’m working. However, there are some times when going a route OTHER than the legal system is not only a BETTER option but the ONLY option:
1) Go to your ELECTED OFFICIAL!! So many time people get MAD because they say that their elected officials don’t do anything. My comment is “Have you ASKED them to do anything??”. Check their websites. Find those officials who are committed to supporting certain causes. Most people don’t stop and think about the fact that their elected officials are there to serve. Think about it like this, if you’re in a restaurant and you’re hungry, your waiter is NOT going to know what to get you if you don’t order off the menu.
2) KNOW what you want but be REALISTIC about what you want! So many times, people want the sky when all they really need is about 12 feet off the ground. When you find yourself in a situation where you need to turn for services, be mindful of specifically what you want to achieve.
3) THE MEDIA can be your FRIEND! Most people think about writing letters to the editors or calling the newspaper when something goes down. However, be smart. Alot of news stations have consumer advocates or consumer programs designed to bring unwanted attention to people or things that are running DIRTY!
4) KNOW THE PROCESS! Another big problem run across is that they want to go AROUND the process in order to get something accomplished. It’s important to understand that it may not be possible to get everything you need accomplished without going through the proper channels!
5) THERE IS POWER IN NUMBERS! As silly as it may seem, GET ORGANIZED! If one of you complain to someone, you may get blown off. However, if 100 of you make noise, someone is going to RECOGNIZE QUICKLY!
6) WORK YOUR CONNECTIONS! Sometimes, we don’t think outside of your circle but you may have connections outside of your circle. Don’t be afraid to reach out.
7) BE PREPARED FOR A STANK RESPONSE! At some point, somebody is going to give you a response that you were not expecting. Be prepared for it and accept it as a necessary consequence!
DOCUMENT! DOCUMENT! DOCUMENT! Keep track of everyone you talk to, their responses and their response time. Don’t rely on word of mouth. Write letters (certified mail). Use e-mails (Return receipt). Make copies and keep it handy. If you write 100 letters to various officials and they don’t respond, these documents become very helpful when election time comes around for those officials or when those administrators reach out to the community.
9) DON’T FORGET ABOUT YOUR LOCAL PITBULLS! It’s amazing how people fail to use the resources in their communities. There are hundreds of NON-PROFITS out there and you can find a non-profit specifically to address the issue you need to have addressed.
10) KEEP YOUR BIG GUNS IN THE BACK! Now, here’s where having an attorney is helpful. You’ve got your numbers together. You’re organized. You’ve gone through the process. You’ve contacted your elected officials. You’ve gone to the media. You’ve done everything you’re supposed to do. Now BOOM, right in the MOUTH! AT this point, depending on the situation, legal action may be necessary because you have exhausted all other remedies (remember, there may not be a legal recourse). What’s more important is that attorneys typically are extremely connected so once you’ve done everything possible to make the problem visual, vocal, and verified for everyone, the attorneys can step in and show why the system broke down.
Now, don’t get me wrong. In some situations, unfortunately, you have no other recourse and despite all of your efforts, you can’t do anything else. However, if you put a big enough fight this time, you will be amazed how quickly people will jump the NEXT TIME you come to the RING!
How do you pick a law firm?
How many of you have been swamped by TV ads about lawyers? If you’ve had an auto accident or a slip and fall, you can probably find a personal injury lawyer within 5 minutes of turning on the TV. But if you need something else, it may be a little more difficult. So what do you do? You go through the phone book and OH MY GOODNESS, your head is probably spinning because of all of the pictures, listing and ads for attorneys.
So when you are looking for an attorney or a law firm, what should you do in order to help you with your search?
1) BIG FIRM v. SMALL FIRM! Firm size as it relates to your case is really a matter of preference and the case you have. Don’t get me wrong. A large firm typically has alot of resources available to it. However, don’t get the idea that bigger is necessarily better. I’ve known attorneys who are solo practitioners who have settled multi-million dollar cases as well as attorneys in big firms. Interestingly, it really boils to what you feel comfortable.
2) PERCENTAGE OF WINS DOESN’T GUARANTEE RESULTS! I can’t tell you how many times I’ve had people ask me “What is your win percentage?”. The simple fact is that people feel comfortable knowing the likelihood of success as it relates to their case. There is nothing wrong with that thought process. However, what most people don’t realize is that some law firms screen cases in order to accept cases they feel they have a greater propensity to prevail. So if a law firm is willing accept your case, they have pretty decent expectation that they may be successful. However, it is possible that your case may not have the ultimate outcome you are looking (depending on your facts and circumstances). Just remember that percentages are great but don’t penalize a firm for not having the results you are looking for because every case is a little different.
3) YELLOW PAGES! OOOOOOOOOO, I know this must be a NIGHTMARE for you. You see HUNDREDS and HUNDREDS of attorneys but which one do you call? Don’t freak out. You probably won’t have any problems with who you select out of the yellow pages so don’t get upset because you have so many to choose.
4) WHAT DO YOU WANT - INTERACTIONS!! Ok, this part may the most important to you. All attorneys have an ethical obligation to keep their clients informed. The important question is HOW MUCH interaction do you really want or HOW MUCH interaction is important to you? Some people want an attorney that they can talk to weekly. Some people is ok with just monthly contact or quarterly contact. Some people can talk to their attorney through the internet and some call the attorneys cell. You have to ask yourself HOW MUCH interaction do you require.
5) REFERRALS ARE GREAT! One of the best places to FIND an attorney is to ask someone you know who has USED an attorney before or who KNOWS an attorney. If you talk to someone who has used an attorney that you need, you can get in-depth knowledge about the person’s experiences. THis part gets tricky because everyone’s experience is difference so you may find yourself missing an opportunity to get a good lawyer. However, you can still get some good insight into what to look for when you are doing your search. If you know an attorney, attorneys typically can refer you to someone who actually does the type of law you are looking.
6) LAWYERS ARE NOT JESUS! Ok, before you start cursing me for being a HEATHEN for using JESUS’s name in vain, let’s get one thing straight. I am religious and this statement is in NO WAY meant to disrespect any religious faith. Now, that THAT’s out of the way, get one thing straight. Lawyers can’t WALK on water so please get this thought out of your mind that your mind that your attorney needs to be a miracle worker. Alot of time, people have a really high expectation of what attorneys do and if they can’t make it “Shake, rattle and roll”, there may be HELL to pay! Remember, your attorneys can only work with the law that are presented to them and your fact that constrains them.
7) NINJA v. SAMURAI! For those of you who don’t have any martial arts experience, a NINJA is an assassin who practices the art of stealth and covert operations. A SAMURAI is a warrior skilled in the art of open combat and warfare. Ultimately, both fighters serve the same purpose: To destroy their enemy. Depending on your case, you have to ask yourself the question: What type of lawyer do I want? Do you want the lawyer who is quiet, unassuming but gets results OR do you want the lawyer that raises hell and kicks down doors but gets results? Ultimately, they both get results. So which one do you want?
2ND OPINION IS FINE BUT DON’T COMPARE! I can’t begin to tell you the number of times I’ve said this people. There is absolutely nothing wrong with getting a second opinion. You are more than within your rights to investigate multiple law firms. However, searching for a firm is not going to a car dealership. Telling one law firm that another law firm can do something that they don’t may get you a “STANK” response. If you don’t know what I mean, try telling one firm about something another firm says they can do and you will quickly see what I mean.
9) THEY CAN’T READ YOUR MIND! When you are in the process of hiring an attorney, as silly as this may seem, ASK QUESTIONS!! If there is something on your mind that you want to address, don’t keep it to yourself and expect the attorney to figure out what it is you want to know. Hiring an attorney is a big decision so if you have questions, ASK!
10) GET PRELIMS ON THE PHONE! Listen, when you are searching for an attorney, get some basic information out of the way in order to narrow your search. Ask if they have free consultations (or how much they cost). Ask for a website. Ask for what areas they cover. Get all of that out of the way so you can figure if you need to come in for a more thorough discussion.
11) BACKGROUNDS ARE HELPFUL! Attorneys understand that their expertise can only add to their ability to help you. So when you see attorneys highlting their certifications, the courts they are admitted, their past work experiences, and their background, it’s because they want you to have a greater appreciation of what additional skills they bring to to the table.
12) TRUST YOUR GUT! At the end of the day, all of these bells and whistles that I am sharing really boils down to hiring someone that just feels right for you. You can see a million commercials, talk to a bunch of people, or ask a million questions but ultimately, you have to feel good about the attorney or the firm you are hiring.
Hiring an attorney is an important decision. Whenever you are taking the steps to find someone to help you with your case, it is important that you find someone that is right for you. Not every attorney or law firm is perfect so all you can do is find someone or some firm that is perfect for you.
The little things that may affect your Social Security Benefits AFTER you win your case
Watch out dere now! It’s PARTY TIME! You’ve applied for disability benefits. Now, after several months or several years of forms, doctor’s appointments, questions/answers, and waiting, you have FINALLY been approved. YAAAAY!! It’s amazing how people are so dedicated to doing what it takes to get their benefits. After a long and stressful process, you have finally arrived.
Now here the comes the song you’ve been waiting for, “MONEY, MONEY, MONEY!!!”.
However……………………….
Here’s the part of the process that usually throws people off. People don’t realize that there are ALOT of ‘little things’ that may effect not only HOW MUCH money you will get but it may also effect if you get any AT ALL!!!
Before you get ‘Coo Coo for Cocoa Puffs” and start counting all that “CHEDDAR” you THINK you’re going to get from the Disability process and all of that back pay, here’s a few things that you need to remember so you don’t get your feelings hurt:
1) WARRANTS. Most people know that if you’re in jail or incarcerated, you’re not entitled to benefits. What most people don’t know is that if there is a WARRANT for your arrest, this warrant has the same effect as if you were arrested. So what does that mean? That means if there is a warrant for your arrest, the Social Security Administration may not administer your benefits until you get that Warrant resolved. Get it fixed or no money for you.
2) CHILD SUPPORT. Please don’t sit over and think that just because you are disabled, you are exempt from paying your child support. Even more so, if you owe BACK child support, most states have arrangements through their Department of Revenue and the Social Security Administration to garnish some of your back pay. So if you’re thinking you’re going to get a JAMMING back pay check but you owe child support, your check may be smaller than you think.
3) WORKERS COMPENSATION. Workers Compensation cases and Social Security Administration cases tend to go hand and hand. However, in some instances, if the combined amount of mothly amount of your WC benefits and your SSA benefits is greater than 80% of your Average Current Earnings, you may see a REDUCTION in your benefits to compensate for the difference.
4) VETERANS BENEFITS. Veterans benefits fall into two separate categories: Service Connected and Non Service Connected. If you are receiving Service Connected benefits, you may not see an impact on your Disability Insurance Benefits (SSI is totally different. Go to Bullet 15 for a discussion). However, if the benefits of the VA are NON service connected, these benefits may possibly reduce the amount of DIB benefits you’re entitled to receive.
5) LONG TERM / SHORT TERM DISABILITY BENEFITS. This portion is usually very tricky because every Long Term / Short Term Disability policy is different. It’s important to ask your disability carrier what impact receiving SSA benefits will have on your LTD/STD policy. For some policies, it’s a one to one reimbursement. This reimbursements means if they were paying you during months when SSA should have been paying you, they want their money back for that period. So, for instance, if your LTD/STD carrier was paying you $1000 a month from Jan. 2008 to Jan. 2009 and you get SSA benefits retroactive from Jan. 2008 in the amount of $1200, your carrier MIGHT require a reimbursement for the same time period. Check your carrier just to make sure.
6) WORK & SSA don’t always mix. I always have at least one or two people who want to be slick and try to draw a disability check and work a little bit at the same time. The SSA does allow for what is called “A trial work period” (Please comment if you want me to discuss that in greater detail). However, after a certain period of time, SSA may wonder if you are REALLY disabled or not.
7) MEDICARE. If you’re getting Social Security Disability, you may be entitled to receive MEDICARE. Medicare is NOT free. A small portion of money is taken out of your check every month in order to pay for your medicare. If you choose to NOT take it and ask for it later, you may face a penalty.
CDR. For those of you who don’t recognize this acronmym, it’s called a CONTINUING DISABILITY REVIEW. It’s like this, Social Security doesn’t expect you to be disabled FOREVER so they are going to come back at some point in time (Usually more than once) to determine if you are STILL disabled. If you’ve gotten better, your check may STOP!
9) FEDERAL DEBTS. Recognize, if you OWE the federal government some money, they gonna GET their money. Don’t think that the government will totally excuse your debt because you’re on disability.
10) SOCIAL SECURITY FRAUD. Most people bust their butts in order to properly demonstrate that they are disabled. However, there are a FEW people out there who are trying to get their HUSTLE on! Recognize that Social Security has a department dedicated to investigating fraud. As such, if you are attempting to defraud Social Security, don’t think you won’t get caught.
11) WINFALL. Now, this particular point really applies more to Supplemental Security Income. A WINFALL is when you get a big lump sum of money unexpectantly. This money could be an inheritance, a settlement, or even the lottery. Now, you’re sitting there with a monthly check and a big sum of money and you’re thinking, BOOM, I’ll just live on my monthly SSI check and ride out with my money in the bank. Unless you have your LUMP SUM of money in some type of special needs trust, that money will be counted against your SSI. What does that mean? THis means until you spend the money down to a particular amount, SSI won’t pay you a DIME!
12) SUSPENSION / TERMINATION. Some of the things that I am addressing may result in your disability benefits being temporarily discontinued. This process is called SUSPENSION. SSA may suspend paying your benefits until you have resolved whatever issue that is effecting your case. However, this suspension is not permanent. If you have not resolved your siutation after a certain period of time, SSA may terminate your benefits. What does that mean? You have to start over!
13) REPRESENTATIVE PAYEE. This portion doesn’t have to focus so much on how much you get paid as much it focuses on WHO is responsible for your money. If you’ve had issues with money in the past, or some psychological issues, or some cognitive issues due to significant pain medications, or you’ve had problems with drugs and alcohol, SSA may determine that someone else needs to handle your money.
14) DEDICATED ACCOUNTS. These accounts are typically utilized in kids ‘ cases. These accounts are tricky because if SSA determines you need to set one up, the requirements for maintaining these accounts are very detailed. You have to be very careful as to what you spend the money.
15) SSI & everything. Most people don’t realize that SSI is a “NEED BASED PROGRAM”. In other words, if you have money coming from other sources, you don’t NEED the money from SSI (and this includes other SSA disability programs).
16) LUMP SUM MAY NOT BE LUMP SUM. Ok, here’s the tricky part. Most people don’t realize that even though you may win your case, you may not get as MUCH money as you think. Here’s an example. Say, you applied for SSI benefits on Jan. 1, 2009 for the first time but you said you had been disabled since Jan. 1, 2005. So SSA approves you. So you think you’re getting all the way back to Jan. 1, 2005, right? WRONG! SSI only pays from the date of the application so your lump sum would be from Jan. 1, 2009 to the present. Let’s use the same example but you applied under DIB. Under the DIB program, you’re entitled to go back before the date of the application. So you think you’re getting all the way back to Jan. 1, 2006, right? WRONG!! DIB only pays up to one year before the application so at best, you’re going to get money from Jan. 1, 2008 to present.
17) COUNTY REIMBURSEMENT. Some Counties, in an attempt to work with those persons who are unable to work, have arrangements with the Social Security Administration. As a result, if you find yourself receiving some type of housing assistance, SSA may automatically deduct money from your benefits (typically the SSI benefits) in order to ensure the County is reimbursed.
18) JAILS / PRISONS. As I stated above (Bullet #1), if you’re incarcerated, you are not entitled to receive SSA benefits. This point gets tricky if you find yourself being arrested because you may not have time to notify SSA. It’s important that your loved ones notify SSA as soon as possible because if you come out and you are still getting benefits, you may owe the government for the time you were incarcerated.
19) APPEALS OF PARTIALLY FAVORABLE DECISIONS. Partially Favorable Decisions or PFD are decisions by the Social Security Administration. These decisions are the governments way of saying that you are disabled but not for the length of time or time period that YOU think you are. You have the right to appeal this decision if you don’t agree. If you do, 3 things can happen. One, you can win and get the entire period you asked for in the beginning. Two, you can lose and SSA and social security will leave your benefits the way they are. Three, SSA can determine that they were wrong and that you were never entitled to benefits. This part is really tricky because if SSA thinks you should have been awarded benefits to begin with, you may have to reimburse SSA for everything they gave you.
I know I covered alot of information but I spend alot of times explaining to people why their benefits are impacted after they’ve gone through a lengthy process to get them. I hope this helps you.
Illegal Drugs, Alcohol and your Social Security case DON’T mix!
Several years ago, the Social Security Administration provided disability benefits to individuals based on their addictions to controlled substances such as Alcohol and Illegal Drugs. However, the Social Security Administration reversed this position and now, individuals who are applying for disability benefits must keep in mind the impact that illegal drugs or alcohol may have on their case.
The regulations refer to this as standard as the materiality standard. In other words, the SSA wants to know what type of impact that drugs or alcohol may have on your case.
Here’s how it works, suppose you’re alleging that you’re depressed. However, at the same time, you’re using an illegal drug like ‘cocaine or marijuana’. Well, the question the SSA is going to ask is if you stopped using cocaine or marijuana (or whatever illegal substance), will you improve? If your condition improves, then it is assumed that the drugs are material to you being found disabled.
Now, every situation is a little different but it’s important to remember that illegal drugs or alcohol will NOT help your social security claim. it’s important that you realize that if you are applying for disability benefits, any use of illegal drugs or alcohol may have an adverse effect on your case. So please keep these things in mind.
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