MachiLaw.com Articles

Injury due to Elder Abuse

Elder abuse is a growing problem. While we don’t know all of the details about why abuse occurs or how to stop its spread, we do know that help is available for victims. Concerned people, like you, can spot the warning signs of a possible problem, and make a call for help if an elder is in need of assistance.

The National Center on Elder Abuse website is a resource to answer your questions and provide ...

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Preventing Holiday Injury

Decorating for the holidays is fun for the entire family. However, there are many items in homes during the holiday season that can be dangerous, such as burning candles and glass ornaments that require extra supervision – especially in homes with young children.

According to the National Fire Protection Association, nearly 600 fires in the U.S. are caused from Christmas tree lights and decorations each year. Additionally, 7,500 injuries occur from Christmas trees and decorations ...

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Foreclosures

If a borrower defaults on a mortgage, the lender may seek foreclosure on the property.  In Texas foreclosures may be ordered by a court or without court involvement.  Typically, a non-judicial foreclosure is conducted by auction “on the courthouse steps.”   Defaults that lead to foreclosure may be monetary or technical, and specified notice and other requirements must be followed if the foreclosure is to be valid.

Non-judicial foreclosure auctions are conducted on the first Tuesday of each month between the hours ...

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Unemployed to the Point of Disabled?

One of the lesser-noticed realities of America’s jobless problem is the surge in people applying for disability insurance.

When times get tough, Americans tend to turn to the government for help. More people file for disability claims whenever the economy suffers a setback.  The implications this time around could be much greater than previous downturns as high unemployment is expected to linger for years to come.

In 2010, applications for disability insurance totaled 3.2 million, up from 2.6 million amid the height ...

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Applying for Social Security Disability Benefits On-Line

The Social Security Administration is now accepting disability applications on their website.  In the coming years, the demand for Social Security disability benefits is expected to increase due to the aging baby boomer generation in America. With an increase in demand for disability benefits, the on-line form makes applying for benefits easier.

But it also makes it easier to make mistakes or leave out important information.  Consult your Social Security Disability Lawyer before you complete your application.

See more: http://www.healthyfinancialhabits.com/2010/11/11/applying-for-social-security-disability-benefits-online-%E2%80%93-application-for-ssdi-and-ssi-disability-benefits-can-be-found-at-socialsecurity-gov/

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Suits for Wrongful Foreclosure

If there are grounds for alleging that loan documents, notices, or some impropriety in the sale, the borrower may file a “wrongful foreclosure” lawsuit.

If you are facing a potential foreclosure or have received an “Notice of Default and Intent to Accelerate,”  you should act quickly.  It is much easier to stop a foreclosure before it occurs than to get a remedy after the foreclosure is complete.  If the property is sold to a third party there is little chance that ...

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Woman Wins Back House in Wrongful Foreclosure Suit

 A 73-year-old Filipino woman made history when she became the first person in California to win her house back from her lender even after it was foreclosed in San Jose, California.

Corazon Palma got her 4-bedroom house back after staging a battle against Washington Mutual through a wrongful foreclosure lawsuit.  She claimed her lender promised to send her a loan modification packet. Instead, a Coldwell Banker real estate broker came to her house to notify her that her house had been ...

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When and how can I appeal a disability denial?

If you wish to appeal, you must make your request in writing within 60 days from the date you receive our letter. We assume you receive the letter five days after the date on the letter, unless you can show us you received it later. Call your local Social Security office if you need help with your appeal.

If you filed for Social Security disability benefits or SSI and your claim was denied for medical reasons, you ...

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Who decides if I am disabled?

Your application will be reviewed to make sure you meet some basic requirements for disability benefit and whether you worked enough years to qualify. Also, we will review any current work activities. If you meet these requirements, we will send your application to the Disability Determination Services office in your state.

This state agency completes the disability decision. Doctors and disability specialists in the state agency ask your doctors for information about your condition. They ...

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When should I apply for disability and what information do I need?

You should apply for disability benefits as soon as you become disabled. It can take a long time to process an application for disability benefits (three to five months).

The information we need includes:

  • Your Social Security number;
  • Your birth or baptismal certificate;
  • Names, addresses and phone numbers of the doctors, caseworkers, hospitals and clinics that took care of you and dates of your visits;
  • Names and dosage of all the medicine you take;
  • Medical records from your doctors, therapists, hospitals, clinics and ...
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How do I meet the earnings requirement for disability benefits?

In general, to get disability benefits, you must meet two different earnings tests:

  1. A “recent work” test based on your age at the time you became disabled; and
  2. A “duration of work” test to show that you worked long enough under Social Security.

Certain blind workers have to meet only the “duration of work” test.

The table below shows the rules for how much work you need for the “recent work” test based on your age when your disability began. ...

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Who can get Social Security disability benefits?

Social Security pays benefits to people who cannot work because they have a medical condition that is expected to last at least one year or result in death. Federal law requires this very strict definition of disability. While some programs give money to people with partial disability or short-term disability, Social Security does not.

Certain members of your family may qualify for benefits based on your work. They include:

  • Your spouse, if he or she is 62 ...
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The Social Security Disability Program

Disability is something most people do not like to think about. But the chances that you will become disabled probably are greater than you realize. Studies show that a 20-year-old worker has a 3 in 10 chance of becoming disabled before reaching retirement age.

We provide basic information on Social Security disability benefits and these articles are not intended to answer all questions. For specific information about your situation, you should talk with one of our ...

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Before You File for Personal Bankruptcy: Questions to Ask when Choosing a Cedit Customer.

It’s wise to do some research when choosing a credit counseling organization. If you are in search of credit counseling to fulfill the bankruptcy law requirements, make sure you receive services only from approved providers for your judicial district. Check the list at www.usdoj.gov/ust/eo/bapcpa/ccde/cc_approved.htm or at the bankruptcy clerk’s office for the district where you will file. Once you have the list of approved organizations in your judicial district, call several to gather information before you make your choice. Some ...

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Before You File for Personal Bankruptcy: Pre-bankruptcy Counseling

A pre-bankruptcy counseling session with an approved credit counseling organization should include an evaluation of your personal financial situation, a discussion of alternatives to bankruptcy, and a personal budget plan. A typical counseling session should last about 60 to 90 minutes, and can take place in person, on the phone, or online. The counseling organization is required to provide the counseling free of charge for those consumers who cannot afford to pay. If you cannot afford to pay a fee ...

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Before You File for Personal Bankruptcy: For More Information and Assistance

The U.S. Trustee Program promotes strength in the nation’s bankruptcy system by enforcing bankruptcy laws, providing oversight of private trustees, and maintaining operational excellence. The Program has 21 regions and 95 field offices, and oversees the administration of bankruptcy in all states except Alabama and North Carolina. For more information – www.usdoj.gov/ust.
If you have concerns about approved credit counseling agencies or debtor education courses, such as the failure to provide good service, please contact the U.S. Trustee Program by ...

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Before You File for Personal Bankruptcy: Post-Filing Debtor Education

A debtor education course by an approved provider should include information on developing a budget, managing money, using credit wisely, and other resources. Like pre-filing counseling, debtor education may be provided in person, on the phone, or online. The debtor education session might last longer than the pre-filing counseling – about two hours – and the typical fee is between $50 and $100. As with pre-filing counseling, if you are unable to pay the session fee, you should seek a ...

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Before You File for Personal Bankruptcy: Counseling and Education Requirements

As a rule, pre-bankruptcy credit counseling and pre-discharge debtor education may not be provided at the same time. Credit counseling must take place before you file for bankruptcy; debtor education must take place after you file.
In general, you must file a certificate of credit counseling completion when you file for bankruptcy, and evidence of completion of debtor education after you file for bankruptcy – but before your debts are discharged. Only credit counseling organizations and debtor education course providers ...

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Before You File for Personal Bankruptcy: Information About Credit Counseling and Debtor Education

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 launched a new era: With limited exceptions, people who plan to file for bankruptcy protection must get credit counseling from a government-approved organization 180 days before they file. They also must complete a debtor education course to have their debts discharged.

The Department of Justice’s U.S. Trustee Program approves organizations to provide the mandatory credit counseling and debtor education. Only the counselors and educators that appear on the U.S. Trustee ...

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A Growing Collection of Bankrutpcy Information

We are providing a great deal of bankruptcy information for those considering, or just researching, bankruptcy.  This growing collection of information includes the complete bankruptcy code, and future sections will cover debt and all consumer options surrounding bankruptcy.

Federal Bankruptcy law benefits both debtors and creditors by seeing that debtors get debt relief and creditors collect some of the debts owed. The types of bankruptcy filings are referred to ...

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