Never understand what is happening in the mind: Mental Health conditions and Social Security Disability
Mental Health conditions are some of the most devastating conditions that can afflict a human beings. Most of the time when we hear about them, they usually are in relations to two circumstances:
1) Somebody popular
Chynna Phillips of the pop group Wilson Phillips checked herself into rehab for anxiety over the weekend, her manager, Lizzie Grubman, tells PEOPLE exclusively.
2) Something traumatic
Thursday, Joseph Andrew Stack flew a small airplane intentionally into an IRS building. The IRS had 199 people who worked there. Joe Stack set his house on fire, left what is being considered a suicide note, and then flew his Piper Cherokee PA-28 into the Austin, Texas IRS building.
The brain is always going to be considered a mysterious organ. Of all parts of the body, this part is the one that continues to baffle the medical community. So it should come to know surprise that it can be difficult to ascertain the severity of a mental health conditions.
The mental health community relies heavily on a variety of different diagnostic testing, personal history, and mental status examinations to try to get a picture of how severe the mental health condition may be. It’s tough but the information these providers obtain is valuable and necessary if you are attempting to obtain medical benefits.
Regularly, I get asked by my clients what types of things does Social Security look for when trying to determine the severity of the medical condition. Here’s a few things you should consider:
1) The type of doctor tells alot.
I hate to tell you but SSA tends to give a bit more deference to a Psychiatrist or a Psychologist who is treating your mental health condition. There is nothing wrong with your family doctor but a specialist (Psychiatrist or a psychologist) tends to get greater favor. Now, before you ask, there is nothing wrong with going to a Mental Health counselor. However, it is helpful if the counselor is working with you in conjunction with a psychiatrist as part of a mental health plan.
2) The type of medicine you take says alot
Some medications give a clear indication of the significance of your mental health condition. There’s nothing wrong with Paxil or Zoloft. However, Risperdal and Geodon gives an indication of a much more serious mental health condition.
3) The BIG 4 things you need to know (Concentration, Memory, Crowds, Stress)
These are normal questions that are asked that you should give some thought to HOW you are going to respond. How is your concentration? Do you forget things? If you do, what do you do if you need to remember things? How are you around crowds? How many people is TOO many people?
4) Other THINGS MATTER
You have to remember that how you function in your day to day life matters. If you say that you can’t be around more than one person att a time but you go to church every other day (where you would expect to be MORE than one person), your response may be viewed as suspect.
5) Involuntary Admission
In Florida, the term “BAKER ACT” refers to an Act that permits for the involuntary admission of an individual into immediate psychiatric care for a short period of time. Every state calls it by a different name but this usually refers to a situation where a person expresses an intent to harm him or herself or someone else. These admissions may indicate the presence of something more severe.
6) STAY AWAY from the DRUGS (ILLEGAL DRUGS)
Let me blunt. Mental Health and Illegal drugs don’t mix. And when you’re applying for disability, you force SSA to try and figure out WHAT came first (the drugs or your mental health condition) and more important, do you get better if you’re NOT using drugs.
Like I said in the beginning, mental health disorders are tough and millions of people affected by these disorders are able to live productive and functioning lives. However, it’s important to realize that if you’re alleging that you are disabled due to your condition, you must understand that the few things I mentioned above may have a lasting impact on your ability to obtain disability benefits.
The hardest part about proving you’re disabled is relying on the medical treatment you are STUCK with
Today, a report was issued regarding the healthiest counties out 3000 counties nationwide.
Overall, the report found least healthy counties have childhood poverty rates more than three times higher than the healthiest counties. Residents of the least healthy counties are 60 percent more likely to be hospitalized for preventable conditions, a sign of poor primary care. A third of zip codes in the least healthy counties have at least one grocery store, compared to almost half of zip codes in the healthiest counties.
http://www.countyhealthrankings.org/
Of course, this information is probably not going to be broadcast on twitter, facebook or myspace. And with the winter olympics and the BACHELOR going on, few will truly appreciate the impact of this report.
What does this report tell you? Quite simply, as stated in one article, “Looking at each state’s best and worst further illuminates a well-known trend: The least healthy counties tend to be poor and rural, and the healthiest ones tend to be urban or suburban and upper-income. ” http://www.chicagotribune.com/health/chi-ap-us-med-countyhealth,0,2482605.story
Unfortunately, this doesn’t help the millions of people who are applying for Social Security Disability benefits. Why am I stressing this point? Quite simply this. The person bears the burden of proving they are disabled. The government doesn’t have to prove a thing. However, this presents a unique situation when you are sick, you aren’t working and you ‘DON’T HAVE INSURANCE’. So what do you do when you have those things striking against you? Well, you can either go to the free clinic, go to the Emergency Room, or get on the county health insurance.
Here’s how it gets tricky but you gotta try:
1) Ask about free clinics
You gotta ask your health care provider, the ER, social worker, county services, or non profits about free medical clinics. I always tell people that free medical treatment is better than NO medical treatment.
2) Find out if you qualify for county health insurance
Every county is different so you want to check to see if you qualify for any type of medical insurance that the county may offer. You don’t know unless you try. AND, if it’s available in your county but you haven’t tried to get it, it may count against you.
3) if you have a “SHARE OF COST”, make sure you understand what it means
A ‘SHARE OF COST’ basically means that you are responsible for a certain amount and anything above that, the government will pay. However, it gets funky because some people don’t understand how that works so you want to make sure you get a complete explanation so you can get treatment.
4) Go to the ER if your condition gets worse.
The Emergency Rooms are flooded every day. Unfortunately for some people, the only primary treatment they can get IS the ER. Don’t be afraid to go to the ER. At least you can get something if you HAVE to get treated.
5) Make SURE you tell SSA that you’ve done ALL of these things
I can’t tell you how many times I’ve had people who literally didn’t do anything. They didn’t go to the county. They didn’t go to the ER. They didn’t go to the free health clinic. AND YET THEY STILL say they can’t get any medical treatment. You gotta try in order to show SSA you made the effort.
I know that is difficult but you have to make the best of what you have available because in the long run, only YOU can prove that you are disabled.
I hate to tell you but some people don’t WANT the health care system to change!
Here’s a question for you that I want you to think about:
“If you and everyone in your house hold got sick AND nobody in the house could work AND NO ONE had savings AND NO ONE had Long Term or Short Term Disability plan AND NO ONE could afford COBRA payments, HOW are you going to pay for your health insurance????”
It’s amazing because as the debate about health care rages on, I am CONSTANTLY amazed by the amount of people who are dwelling on the fact that THEY don’t want to pay for health care for the millions of illegal immigrants or all those people who are lazy and don’t wanna work or all of those welfare people.
HELLLLLLO? What world are YOU living in? Do you not know that YOU are just one stone throw away from the unemployment office? Do you not know that one SLIP and FALL in your house OR one trip on your drive way and BOOM, life as you know it can change?
Stop focusing on all of THOSE people who don’t have insurance and WHO they are because the reality, VERY QUICKLY, you could be THOSE people!
Here’s where I have some problems and I think they are worth mentioning:
Why are you stressing? ANY PROGRAM is going to cost money!
How come EVERY new program that is of significance is HIGHLIGHTED by its cost? No one complained and raised an eye brow when BILLIONS of dollars were poured into Iraq (and NOT just for our troops). We financed contractors to go over there to help rebuild their country. We financed our troops to help make sure the country remained stable. No one blinked an eye. However, the MOMENT you talk about ensuring that the American people have benefits so we ALL have a safety net, here COMES the money argument. My problem is that ANY (and I repeat ANY program) passed by Congress is going to cost money so why are you stressing me over this cost. Taxes may not go up for this but it will go up for that so why are are we tripping??
What the HELL is the RIGHT WAY to reform Health Care?
I want you to notice some unique facts about the late Senator Ted Kennedy
- 1966
- Senator Kennedy passed legislation creating the national community health center program. He joined a health center in Columbia Point in Dorchester, Massachusetts, with a center in Mound Bayou, Mississippi as the start of a national program that now includes more that 1200 health centers nationally serving more than 20 million low income patients.
- 1969
- Senator Kennedy gives his first speech calling for national health insurance for all Americans. His amendment creating a minimum tax — the so-called “Alternative Minimum Tax” — becomes law, setting a limit on the amount of taxation for middle-income Americans.
1971
- Senator Kennedy becomes Chairman of the Senate Health Subcommittee. He held a series of field hearings around the country on national health insurance, and is a leader in passing the National Cancer Act to expand research on all aspects of cancer.
- 2009
- Senator Kennedy’s Health Committee was also the first committee in Congress to pass comprehensive health reform legislation called for by President Obama — the Affordable Health Choices Act that will reduce health costs, protect individuals’ choice in doctors and plans, and assure quality and affordable health care for all Americans.
First, for those of you who are thinking that I’m digging up these stats from la la land, go visit http://kennedy.senate.gov/senator/timeline.cfm. This website is the Senator’s government website and review the information. Now, I want you to notice something here and NO, it’s not that I am saying ‘HIP HOP HOORAY’ for Senator Ted Kennedy. Senator Kennedy introduced the concept of a National Health Center in 1966 and National Health Insurance (which we are trying to do now) in 1969. Recognize that fact! For over FORTY YEARS, we have been trying to get health care. Since 1969, we wasted Money in a lengthy expensive conflict (Vietnam), we went through Water gate, and we have spent countless funds in combat operations in IRAQ (TWICE!!). We can spend money on all of these things and we can’t introduce an option for healthcare??? What’s even MORE surprising was that in 2009, TWO THOUSAND AND NINE, Senator Kennedy’s committee was the FIRST to pass comprehensive legislation. Are you kidding me? He’s been talking about health care for 40 years and we only get legislation now? What’s even more amazing is that every time I look up I see ads or Senators or Congressmen talking about “Let’s reform health care the RIGHT WAY” but NO ONE is offering any suggestions for WHAT the RIGHT WAY is! They want to talk but NOT put pen to paper!
If not OBAMA, then who???
It’s amazing but I did a little background check about how other Presidents have tackled the health care initiative. I was surprised by what I found.
President Lyndon B. Johnson
The Social Security Act of 1965, which created Medicare and Medicaid, was part of Presidents Lyndon Johnson’s “Great Society” vision for the country.. This plan provided health care for the elderly and individuals with special medical needs. Even with this broad base of support, there was still a great deal of concern among more conservative elements of society, who saw this move towards increased government involvement in health care for the citizenry as a dangerous step down the road to a socialist dictatorship.
President Richard Nixon
Nixon, for his part, was stalwart in his belief that a national health insurance plan was vital to the country’s future. He stated in his 1974 State of the Union Address that “The time is at hand this year to bring comprehensive, high quality health care within the reach of every American.” Nixon’s own past experience with poverty and family illness made this a personal issue for the President. Yet Nixon’s call for an employer mandate to provide health insurance as part of his planned universal health care coverage for all citizens was seen as inadequate by many democrats in congress. The plan was also opposed by powerful unions such as the AFL-CIO and the United Autoworkers, who lobbied hard to defeat the legislation.
President Jimmy Carter
In retrospect, after his tenure in the White House in the late 1970’s, President Jimmy Carter said that, although he was a proponent of universal health insurance, the country’s economic difficulties at the time made health care reform politically unfeasible.
President Bill Clinton
The Clinton plan also supported universal health insurance through the enforcement of individual and employer mandates. The government would control the competition between private insurance companies The Health Care Task Force, chaired by Hillary Clinton when she was first lady, gave President Clinton a complex plan in September 1993. Despite a Democratic Congress, the size and complexity of the plan slowed its progress through Congress and lost the interest of the general population.
What’s frightening is that the health care debate has been ranging on since the 1930s so this is by no means a RECENT phenomenon. Like clock work, whenever it comes around, people start losing their minds. So in the last 40 years, we’ve had a variety of presidents who have braved taking a chance on making sure ALL americans have health care but unfortunately, we run into the “RIGHT WAY” and “SOCIALIST” discussion. We’ve had at least 6 different Presidents (Truman, Roosevelt, Nixon, Johnson, Clinton, and now Obama) take a stab at trying to push the need to make sure we all have insurance. Is it coincidence or a reason that they can’t get it passed?
So what would YOU do if you had no Health Care? Let’s look at the NOW WHAT situation!:
For the last 8 years, I have represented people who have applied for Social Security Disability benefits. Unfortunately, a lot of my clients have been people who have found themselves in the tough position of trying to figure out HOW to get health care. Think about it like this. If you have been working and your insurance has been paid by your employer and then, BOOM, you can’t work, here’s how it may unfold and so I ask you “NOW WHAT?”:
a) You get hurt OUTSIDE of work (no workers compensation, no personal injury, etc.) and now you can’t return! Now what?
b) You use your annual leave, your sick leave, and maybe even family leave and after a few months you still can’t go back to work. 3 or 4 months have passed! Now what?
c) You stop working so you apply for COBRA so you have a few months of health insurance. About 3 or 4 months have passed! Now what?
d) If you are lucky, you apply for Short Term Disability or Long Term Disability. If you are not lucky, NOW what??
e) You apply for unemployment but you know you can’t do the work you used to do and you are having a hard time finding another job. The Unemployment pays for a few things but not enough to pay for the insurance you need to cover your health care cost. Now what??
f) You start cashing out your stocks, mutual funds, and savings accounts. If you’re lucky, you have funds to last you while you apply for disability with the state (if you worked for the state), the VA (if you’re a veteran), or Social Security. All of these programs may take a few months or up to years. If you DON’T have stocks, mutual funds, and savings accounts, NOW WHAT??
Let me tell you what NOW WHAT is! It’s nothing. You’re now hoping that you qualify for disability. You’re praying you can find another job. You’re lucky if you have a spouse or family member or friend who can support you. But the REALITY is that any ONE of us can go from A-F in the NOW WHAT category that I showed you so fast that you won’t realize what happened. You can go from having a nest egg to working a good job to planning for your future to a “how the HELL am I going to get to the next day” situation.
Am I saying that we should take whatever situation that is presented to us?? No, that’s not what I’m saying. My problem is that for the last 70+ years we have had multiple presidents and politicians try their BEST to insure that everyone is covered but for some odd reason, people are quick to hollar “SOCIALISM, SOCIALIST” yada yada yada to the TOP of their lungs. And I got news for you, most of the people who scream these things are either 1) people who have health care, 2) people who are under the delusion that they will never benefit from this health care system because they don’t think they will ever be in the situation to need it, and / or 3) people who think that the change in the health care system may affect their financial bottom line.
So the challenge I present to you is this one. If you’re in a situation where you are 100% confident that you are completely covered in the WORST case situation (which is what I’ve covered up top), you are the only ones who can complain. However, considering that 95% of the country probably can not say with CONFIDENCE that they will NEVER need help, you may want to start re-evaluating the need for a National Health Insurance OPTION or Universal Health Care system.
Be careful with ALTERNATIVE medical treatment and Social Security Disability benefits
When applying for Social Security benefits, it’s important to realize that, as the claimant, you bear the burden of proving that you’re disabled. As a result, you need to ensure that you obtain the necessary treatment to support your case. Unfortunately, this part gets a little tricky when you don’t have insurance or if you don’t have any money.
In some circumstances, people find themselves seeking alternative types of treatment. Whenever I speak to people, I caution them about the use of alternative treatment. Here’s a few reasons why:
1) Social Security relies heavily on medical treatment. No disrespect to the variety of different treatments such as ACUPUNCTURE or HOLISTIC MEDICINE but the regulations place a heavy amount of emphasis on treatment from doctors. As such, even though you may have received treatment from someone who is a Doctor of Acpuncture or Doctor of Holistic medicine, SSA may not give this type of type much weight.
2) Be careful with Chiropractors. Let me start by saying that I have alot of respect for chiropractors. They provide a meaningful service. However, the simple fact is that the Social Security Administration does not give a significant amount of weight to treatment from chiropractors. Now, don’ get me wrong. If the chiropractic treatment is part of a treatment regiment established under the director of a physician, Social Security Administration may give the treatment more consideration. Unfortunately, merely getting treatment from a Chiropractor independently is not always looked upon favorable.
3) Be careful with SELF treatment. So many times, people will take it upon themselves to review things on the internet and try different treatments that they find. In some instances, these treatments actually work. However, when you start treating yourself WITHOUT the supervision of a doctor, you have no way of actually monitoring the results. Almost every time, Social Security will inquire as to WHO is treating you or WHO is providing these treatments.
4) Be careful with Medicinal Marijuana. For those of you who don’t know, as of this date, California is the only state that allows the prescription of ‘Medicinal Marijuana’. The use of Marijuana is a very touchy issue as it relates to Social Security Disability. Under the regulations, Social Security must determine whether Drugs or Alcohol are material to a finding of disability in your case. If you are using drugs, Social Security must determine whether you are still disabled WITHOUT drugs. Medicinal Marijuana presents a unique challenge in that only one state currently allows for its prescription. Remember, it MUST be prescribed. This situation may be more interesting if you receive the prescription in California and then relocate to another state. Remember, prescription is the key.
5) Overseas Medical Treatment (creating your own treatment). Some people have the financial ability to cross the board to get the medications that they THINK they need. I’m not referring to those people who live overseas and get treated overseas. I’m talking about those people who purposely cross the border in an attempt to go around the local treatment by going overseas to try something they think might work.
Applying for Social Security Disability is a difficult process but it is an even funkier process when you are in a situation where you making your own treatment. Remember, the Social Security Administration relies heavily on medical treatment from healthcare physicians and other medical providers so be mindful of the treatment you obtain.
A perspective in Health Care Reform: What do you want??!!!
Let’s start with this link:
http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.3200.IH:
For those of you out there SCREAMING at some of these town hall meetings and getting pissed that this new proposed “Health Care Reform” is garbage, here’s the link above to the “America’s Affordable Health Choices Act of 2009 (Introduced in House)” so that you can AT LEAST sound like you know what the hell you’re talking about before you start going off!
Now, before you go any further, let me be the first to tell you, I HAVEN’T read the act. I have a slightly different few on Health Care Reform. You’ll be able to get an idea of my thoughts as you go through this post.
Let’s get one thing straight. The notion of “Health Care Reform” or “Universal Health Care” really has NOTHING to do with the quality of care. What it REALLY bowls done to is CAPITALISM! Our country is a Capitalistic regime. Do you know what that means? That means we are a “YOU gotta get YOURS” society!
Now, don’t get me wrong. I love our country and I love what we stand for and I love our system. I wouldn’t change it for the world. However, whenever I hear people scream about Health Care, I stop and I get annoyed.
Here’s why I got so mad:
1) Are you REALLY paying for your health care? So many people are out there screaming and hollaring about how they don’t want to pay for someone else’s healthcare. The simple fact of the matter is, YOU probably aren’t paying for yours either. If you’re working for an employer, the BULK of your health insurance is being paid by the employer. You’re not shooting $500 to $600 in health insurance. The employer is. So how can you really complain?
2) Don’t you realize that we have a system of Universal health care ALREADY! Universal health care is health care coverage for all eligible residents of a political region and often covers medical, dental and mental health care. http://en.wikipedia.org/wiki/Universal_health_care These programs vary in their structure and funding mechanisms. Typically, costs are born, at least in part, by the government. http://en.wikipedia.org/wiki/Universal_health_care. What’s fascinating is that we already have these systems in place. Think about it. Do you complain when have to pay for the treatment for Veterans through the VA system? (UNIVERSAL) How about treatment for our elderly through Medicare? (UNIVERSAL) What about disabled children through Medicaid? (UNIVERSAL). So why are we walking around like we don’t want these systems in place and we use them already??
3) What are you going to do if your Health care disappears? Here’s where I really get fired up. In my years practicing Social Security Disability, I have represented thousands of clients who have found themselves working one day and having insurance TO disabled the next day with no insurance. I have watched people GUT their savings, 401k, investments, loans, and banking accounts to survive while they wait. What’s wild is that some of these SAME people who were ANTI-universal health care one day are NOW in the same position of those who could benefit from this type of health care.
4) If you don’t have health care, you better VOTE or the people who do have health care will decide for you. When I see all of these people on the TV SCREAMING against universal health care or health care reform, I am FAIRLY confident that they go to the polls to vote. I am HOPING that the people who really NEED health care reform go to the polls as well so they can make sure their voice is heard.
Here’s the thing that really trips me out. In the grander scheme of things, our health care system is capitalistically driven. You don’t want to hear that but let’s face it, the inherent ability of any system to function is predicated on financial fluidity. It’s that whole ‘you get what you pay for’ mentality. It’s sad but it’s true. Now, I’m not making those in the health care field as money hungry monguls. It’s just an inherent fallacy in a broken system. With that in mind, you have Three fundamental realities:
1) The current system is broke. You can’t fix it so you better accept it. At some point, you have to accept it and move on. IT is the system we have and there is nothing you can do about it.
2) The current system is broke but if you don’t have a suggestion to fix it, SHUT UP! I’m not supporting or against health care reform. I am pro-fix. If someone can give me a model that will provide access to health care to everyone, I’m up for it. However, don’t be one of those people who are QUICK to rip apart a suggestion but don’t have ANY thoughtful suggestions to correct the problem.
3) Universal v. Private. Either you take it or you don’t (which goes back to #1 or #2) The whole nature of universal health care is this underlying premise that we are paying for someone else’s health care. When you bust your butt to work and some of your check goes to pay your health care and someone else’s health care, you may have a problem. However, if you are living check to check, you may find yourself ONE day in a position where you can’t work or laid off and NOW you have to rely on someone to pay YOUR health care. So what do you do then??
Health care is a BEAST like no other. I am not going to sit here and say it’s easy to fix. What I am saying is that we need to focus on 2 very simple thought processes. If you don’t like our current system, SUGGEST something better! If you want to see a change, you are going to have to accept some things you DON’T LIKE!
Take your pick and roll with it!
Watch out for your loved ones and make sure they don’t hurt themselves
Only a few weeks have passed since the death of the icon, Michael Jackson, and, as I had previously posted before, more and more legal lessons are coming to the front based on the tragedy of his life and the unexpected heart felt loss due to his death.
Alot of talk and speculation has centered around the administering of a drug, propofol, that was allegedly provided to Michael in order to help him with his insomnia.
For those of you who don’t know, Propofol is a drug that reduces anxiety and tension, and promotes relaxation and sleep or loss of consciousness. See Propofol, http://www.drugs.com/propofol.html. Propofol provides loss of awareness for short diagnostic tests and surgical procedures, sleep at the beginning of surgery, and supplements other types of general anesthetics. See id. Propofol is for injection into a vein. See id. It is given by trained anesthesia professionals in a controlled environment. See id.
Rare cases of self-administration of DIPRIVAN Injectable Emulsion by health care professionals have been reported, including some fatalities. See Diprivan (Propofol) Drug Information: Side Effects and Drug Interactions, http://www.rxlist.com/diprivan-drug.htm. DIPRIVAN Injectable Emulsion should be managed to prevent the risk of diversion, including restriction of access and accounting procedures as appropriate to the clinical setting. See id.
Now, this post isn’t a clinical diagnosis or a discussion of the medical implications behind the decisions to administer this substance. The real question are “Should this have been given to Michael at HOME as opposed to a traditional clinical setting like a hospital” AND “Did MICHAEL appreciate that this substance is so dangerous that it NEEDS to be administered in a clinical setting?”
As the facts of this situation start to come out, once again, Michael is teaching us more and more things since his death. I, again, say that I am in no way, shape or form passing judgment but just stop for a second and think about this thought. If Michael KNEW that this substance was serious and hired a medical staff to, among other things, administer this substance to him at home as opposed to traditional setting, what does that say about Michael? Again, I say, before you lose your mind and burn me to the ground, follow this thought process.
If you’ve dealt with someone who has had an addiction to a legal or illegal substance, at some point, the individual may be unconsciously or consciously trying to do whatever they can to get that substance (even if they don’t need or shouldn’t need it). This behavior is referred to as “Drug Seeking” behavior and it is a powerful behavior. Even though the person may not know that the substances they are obtaining is not good for them or if they stop appreciating the significance and severity of the substance, the person may still take all measures to obtain this substance.
Once a person finds themself in this position, you have to be careful because they may lack the ability to truly appreciate the fact that they may be harming themselves.
That’s when YOU as a loved one may need to step in to intervene. At this point, if the person is taking action that is causing them to harm themselves, you may have to decide if you need to take aggressive legal action to protect them from themselves. You can only pray with them or plead with them or threaten them so much.
What am I saying? Can you sue them to stop? No, that’s not what I mean. You may have to look to intervention like counseling, friends, family, and the community. You may have to participate in group therapy. In the worse case scenario, you may have to look possibly having them involuntarily admitted to a medical facility (in florida, it’s called the BAKER ACT). Almost every state has some type of provision which allows individuals to contact law enforcement and have someone involuntarily admitted for an evaluation to ascertain their status.
I’m not saying it is easy. NO ONE wants to put their loved ones in a mental facility. It’s not fun and it is a crushing blow to the ego of the individual you are doing it.
However, tough times may call for tough measures. Try everything you can. Group intervention. Church intervention. Family / loved ones. Anything you can but remember, if you truly love someone, you may have to take whatever steps necessary to SAVE them from themselves.
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.
Tips for dealing with agencies
I know you don’t want to hear this but it really pays to be nice. It’s funny because so many times when people hire an attorney, they expect to have someone who is going to be jumping up and down on a table and screaming about “YOU better help my client OR ELSE!”.
Well, let me be the first to tell you that I am the complete opposite. I still believe in the old adage “You catch more flies with honey than with vinegar”.
I know this sounds really corny but you gotta appreciate why I say these words. It’s really beneficially that you are nice when dealing with these individuals. However, it doesn’t stop there. I’m not saying you need to be nice 24/7 but here are few thoughts to keep in mind:
1) If everyone else is ‘cussing them out’, why would you join in on the ‘cussing’? I have dealt with so many different agencies that deal with the public and have to listen to being told off, cussed out, threatened, or even, humiliated by someone. You can’t be surprised when you run across an Agency employee who seems to not really care. It’s not that they don’t care, but sometimes when you NEED something, you don’t think about the person you’re asking. You are so business wanting to ‘put them in their place’ and ‘make them recognize’ that they better get right, you don’t stop for ONE second to think about them. Put it like this, if someone cussed you out for something that you are, in good faith, trying to do, what you do??
2) Threatening almost NEVER works! Be mindful of who you are talking to when you are dealing with agencies. If you are dealing with the federal government and you THREATEN to go to your governor, do you REALLY expect that agency person to be moved? And please, get it out of your mind that just because you KNOW someone, you think this is going to be a powerful bargaining chip. You have to understand that by ‘threatening someone’, you put yourself in adversarial position. If someone threatened you, would you REALLY go out of your way to help?
3) I’m sure their phone isn’t broke. Why are you calling 2 to 3 times a day??? And don’t give me that crap about “I’m making sure they got the message”. I understand if you call twice in one day and then wait a few days and then call back. However, if you are calling 2 to 3 times a day and leaving a message, the person is reviewing your message 2 to 3 times a day. Do you really think that they are going to rush to deal with you??
4) There is a way to use the system. Stop grumbling and just deal with the system. Pay attention to where you went. Pay attention to when you went. If the person is not helping you or being rude or belligerent, ask to speak to a supervisor. If you don’t get any recourse, then contact your government representative or get a lawyer. Why waste time trying to MAKE someone do something? Just take advantage of the resources available to you.
5) Remember who you talked to and when and their number. I know you don’t believe this but you really should make a practice of paying attention to who you spoke to and remember their number. Don’t think I don’t do it. I deal with Social Security Administration every day and I know who I can call in certain offices who will be nice to me. No shame in my game.
6) Put it in writing. The easiest way to demonstrate to commitment is to put it in writing. Document when you called. Document when you stopped by. Document who you spoke with or dealt with and document what they did. Trust me. No matter how good your memory may be, you can’t remember everything.
7) You would be surprised by the number of things you can get by being nice or polite. Yes, yes, I know this is corny. When people call me from agencies, when I am asking how I am doing, I always say “I’m just PEACHY KEEN!”. Now, you may think that’s corny. However, you would be surprised at how “disarming” that statement and how much it makes people laugh. When you are dealing with people on a regular basis who are cussing you out and telling you off, you like to deal with someone who will make you smile.
People remember the people who stand out. GOOD or BAD! At the end of the day, people are PEOPLE! They remember the people who are helpful. They remember the people who are polite. They remember the people who are pleasant. They, also, remember the people who are rude. They remember the people who are STANK! They remember the people who unbearable.
Listen, I’m never going to tell you that you need “suck up” or “belittle yourself” in order to get something but you have to reverse the roles for a second. A lot of the people in these agencies are doing the work of 2 people in order to service twice as many people that they can handle. They understand your plight and they genuinely want to help. However, they are still PEOPLE and I’ll be the first to tell you. I don’t respond to any “Showing Out” and I’m sure you don’t either. So why would you expect someone who works for an agency to respond??
Be careful with Medical Evaluations
Many areas of law rely upon the use of medical experts or treating physicians as a tool to assess the significance of your medical condition. Some areas of law have a stronger use of doctors. If you’re injured on the job or due to a slip and fall or motor vehicle accident or propuct liability, you may have a workers compensation claim or a personal injury law suit. If your condition keeps you out for an extended period of time, you may be able to claim Long Term Disability, Short Disability, or Social Security Disability.
Despite the program you may be claiming or law suit you are filing, the use of a medical provider may be an integral part of the process.
Unfortunately, people have a bad habit of not appreciating the level of scrutiny a doctor or consultant has when evaluating you or assessing your case. In other words, these professionals are trained to evaluate your condition but sometimes, people think that they trick the system.
When I say trick the system, here’s a few things that come to mind:
1) You say one thing but your medical reports say something else. Sometimes, people think that they can say something and the doctor will just accept it for what it is. The joy of laboratory reports or objective evaluations like MRI, X-Rays, or CAT Scans is that these reports can either support or not support your statement. If you are screaming that your back is constantly killing you but there is nothing to support this assessment, you may be hurting your case as opposed to helping it.
2) You DO one thing but your medical reports say something else. Let’s be real, people. Don’t think that your doctor might not be watching you when you’re walking up to the door and then you decide to use your cane when you get inside. Doctors are smart. If your reports say one thing and your statements say something else, they are going to look a little further to make sure that you are truly in bad shape.
3) You don’t know WHAT they are writing. Sometimes, people think that the evaluators or the physicians are writing exactly what they tell you. NO More, NO LESS! However, unless you are there when they write their reports, you have no idea of what they are going to say on their final evaluation. Remember, most evaluators or physicians are going to cover themselves.
4) You can’t BEAT the exam! For some weird reason, people think that they can fake their way through a physical or psychological exam. What most people DON’T realize is that most of these exams have conditions set within them that let’s the tester know if the person is not giving the best effort or is, at worst, faking it. If you really want to mess up your case, try faking an exam as a way to make your case look better.
5) The doctors don’t know unless you say something. Sometimes, people don’t understand that evaluators or doctors CAN’T read your mind. If you don’t share with them your stresses, anxieties or issues, how are they going to know that they must address those issues.
Medical evaluations are crucial components of a variety of different types of cases which are necessary to support your claim. Make sure you give your best effort to ensure that you don’t cause harm to your case.
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