What You Need To Know About Hiring A Social Security Attorney

If you are unable to work and are considering applying for disability, you may consider hiring a social security attorney. A social security attorney understands how to get you the benefits that you need and can help to simplify the process. If you are new to this process, you might be wondering why you should hire an attorney and what it will entail. Here are a couple things you should know.

Why Hire A Social Security Attorney?

If you hire an attorney to help with your application you are more likely to get approved. An attorney knows the process better and can make sure that you give all the proper information so that you can get the help that you need. If you have been denied on your application, or have not received the benefits you have been promised, a social security attorney can help you to get what you deserve.

If you try to do it on your own you may still have success; some people are able to do it on their own. But as a general rule, having a professional helping you with your application will only improve your chances of getting approved and can simplify the process.

When Should You Hire The Attorney?

It is best if you can hire the attorney at the beginning if possible. The reason for this is that you will actually save time and money. If you can get the application approved right at the beginning then you will owe less in legal fees, and start to receive benefits quicker.

If you wait till you are denied, or until the process has become complicated, it could cost more in attorney fees and you risk the chance of not getting anything. This is why it is best to hire an attorney before you even start the process.

How Do You Pay A Social Security Attorney?

Lastly, many people wonder how much they will have to pay an attorney if they hire one. For most attorneys they will simply take a percentage of the amount that you are awarded from the back pay with a cap being at $6,000. In addition, you will only have to pay the attorney if you win the case. This means that the lawyer works on contingency so you don’t have to pay unless you win. Thus, you don’t have a lot to lose by hiring an attorney.

If you are applying for social security benefits you should consider talking to an attorney right away. For more information, contact a company like Ball & Ferrari.

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Under House Arrest? Learn More About Ankle Bracelets Here

If you have been placed on house arrest, you probably want to know how that cumbersome ankle bracelet works. Perhaps you have seen others with the devices around town. With jail overcrowding as a problem for municipalities across the nation, there is an increased need to place less dangerous offenders in at-home confinement.

Do not be confused, the authorities take this sentence seriously. Any violation of the rules will probably lead to a real jail cell. Thus, knowing more about the device that will track your whereabouts is the first stage in getting your life back on track.

Purpose of Ankle Bracelets and Home Confinement

House arrest reduces the cost of inmate placement. Authorities have become much more focused on alleviating taxpayer burdens. Non-violent offenders, especially those under less serious drug charges, are perfect candidates for at-home confinement. Their crimes do not make them an immediate threat to the community.

Others may find themselves required to wear an ankle bracelet. For example, someone under a temporary restraining order (TRO), perhaps for domestic violence, might have to wear a bracelet. The courts will want to know the location of the accused at all times to prevent breach of the injunction. Parolees required to remain within their jurisdiction are also likely candidates for an ankle bracelet.

Radio Transmitters

These ankle devices rely on traditional telephone lines to report the location of the person in question. A radio wave transmitter set up in the home alerts the police when the bracelet is out of a designated range. At that time, the court may issue an arrest warrant.

Global Positioning Systems

Technological innovation has reached law enforcement. Global Positioning System (GPS) ankle bracelets allow criminal defendants much more mobility than possible with radio wave transmitters. Users must carry a device, usually a mobile phone, that records their location at all times via GPS technology.

This advancement makes it more possible for non-violent convicted criminals to hold down jobs, attend religious ceremonies and visit family. However, some believe the GPS bracelets too costly for poor defendants to afford.

Consult a Criminal Defense Lawyer

It is important for you to speak with an experienced criminal defense lawyer, like those at Kalasnik Law Office, if the court places you under house arrest. This legal representative will be able to read through the terms of the confinement to ensure you can comply. The last thing you want to do is violate a house arrest sentence and wind up behind bars.

 

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Possible Areas Of Concentration During Divorce Trial Cross-Examination

Just like in other cases, cross-examination is also part of divorce hearings, which begins after you have testified to your side of the story. During cross-examination, your partner’s attorney will try to poke holes into your testimony and get you to agree to or support your spouse’s case. The lawyer will do this by focusing on different parts of your testimony such as these three:

Testimony Favorable To Your Spouse

Although divorcing couples tend to have opposing views on most things, you may find yourself agreeing with at least one aspect of your spouse’s stance. During cross-examination, expect your partner’s attorney to focus on any positive thing you may have said or agreed to during your testimony. The attorney will do this to paint your partner in a good light and emphasize that his or her client is a good person by showing that even you agree with him or her.

While you don’t want to pay glowing tributes to your partner, you also shouldn’t contradict your earlier testimony. Therefore, the best way to deal with such questions is to keep your answers brief.

Questionable Testimony

If you have made any questionable comment during your testimony, expect the opposing counsel to ask you questions on that too. That something is questionable doesn’t mean it’s not true. However, if the attorney senses that you can’t prove your statements, then he or she will ask difficult questions to prove to the court that your testimony is unreliable. Therefore, it’s always best to make statements you can prove. Hopefully, you will discuss such things with your lawyer before going to court.

Questions on Your Memory

The human memory isn’t perfect, and lawyers know this. If there are parts of your testimony that described past events, expect your partner’s lawyer to be fixated on those too. The lawyer’s aim will be to upstage you by showing your memory as unreliable. He or she may even do this by focusing on insignificant parts of your statement. After all, the goal here is not to correct you or get the correct information, but to create doubt on your testimony as a whole. This is why it’s important to prepare for your hearing and get your facts right from the beginning.

Your attorney will prepare you for cross-examination before the hearing. It’s important to follow his or her advice, so you don’t sabotage your case. Don’t forget that the divorce lawyer has handled similar issues in the past and knows his or her trade well.

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Getting Through Your Divorce: When Both Parties Are Struggling With An Agreement

Divorce is seldom a simple process, but when two people are struggling to come to a final agreement, the process of divorce can get messy. Whether you are fighting over assets, debts, property or child custody, getting through your divorce unscathed is nearly impossible when both parties are still at odds with one another. If you believe you are being bullied by the other party in your divorce, it’s time to consult with a divorce attorney to discuss your options.

You Must Share Assets and Debt

If you live in a state that is an equitable distribution state, assets and debts are divided up in a manner that is deemed fair to both parties. If you live in a community property state, assets and debts are divided down the middle. In a community property state, it doesn’t matter if you make significantly less money than the other party. You will be required to pay half of the marital debt that was incurred during the course of your marriage. If you live in an equitable distribution state and you make far less money than your former spouse, it is highly likely that you won’t have to pay off half of the marital debt.

Establishing Child Custody

If both parents are the legal parents of any children involved, custody should be split right down the middle. This means that you should share both physical and legal custody, with both of you making any decisions for the children in a collaborative effort. If the children of the marriage have a relationship with both of you, it is essential that you keep these relationships going. If one parent is unable to care for the children, or has been absent for an extended period of their lives, full custody should be considered. The best thing you can do for your children during a divorce is to establish a parenting plan, and try not to disrupt this plan in any meaningful way.

Mediation Can Be Attempted

Working with a mediator may help the two of you get through your divorce with an agreement. If you do not feel that the mediator is treating you fairly, then you have the right to legal representation. While the mediator is there to help the two of you come up with a reasonable divorce agreement, you may want another lawyer to look over this agreement for you to see if you are being treated fairly.

For more information, contact firms like Law Office of Jared T. Amos. 

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Answering A Couple Of Custody Questions Divorcing Parents May Have

Being a parent going through a divorce can be a stressful experience due to the questions surrounding custody of the children from the marriage. These issues are often a source of great contention, and as a result, it is important for you to be as informed as possible when going through these proceedings. After you have the answers to the following couple of questions, you will be in a better position to understand what to expect from these proceedings and your rights as a divorced parent.

Will A Drug Test Be Required During The Custody Proceedings?

There are some individuals that may be surprised to learn that it can be required to undergo a drug test during these proceedings. The exact rules governing whether this will be required can vary from state to state and even judge to judge. As a result, you should make sure that you are sober before going to court. While failing the drug test will not automatically disqualify you from visitation or custody, you will have to show that you are taking steps to address the problem. Once you have completed counseling for the drug problem, your visitation rights may be reviewed by the court to ensure you are able to spend time with your children.

What If The Other Parent Denies Your Visitation Rights?

Unfortunately, issues relating to child custody often arise over the course of time. A common problem can stem from one parent attempting to deny the other visitation. Often, this is done to as a way to get back at the other parent, and the courts are aware of this. As a result, if you are going through this type of dispute, you should contact an experienced attorney as soon as possible.

It may be possible to hold the other parent in contempt of court. This can result in expensive fines or jail time until the parent relents and allows you to see your children. While you may not want to resort to this approach, it can be the only option for ensuring your rights as a parent are protected.

Custody issues can be particularly bitter for divorcing parents to resolve. To ensure these proceedings go as smoothly as possible for you, it is important to understand that drug testing may be required by the judge when deciding custody. Also, you should be aware of how to handle if the other parent is denying your visitation rights. Being armed with this information will make you better prepared for going through the divorce process and living life as a divorced parent. An attorney like Lynn Jackson Shultz & Lebrun PC can help answer any other questions you may have.

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The Role Of A Patent Attorney

The legal field has a myriad of professionals who deal in a wide array of legal facets from criminal to divorce. Patent attorneys specialize in cases where people or companies are making a claim that someone has either stolen or interfered with an exclusive patent that they’ve created. This is also commonly known as trademark infringement, and it requires a lawyer who fully understands the current United States trademark and patent laws.

What Patent Attorneys Do

If someone has invented a product and applied for a patent, the idea is then considered their own, exclusive to that patent. If someone else decides to use that idea for a profit without express permission, this is known as patent or trademark infringement. The inventor then has the right to sue the offending party for such crime. A patent attorney, like one from Lingbeck Law Office, is there to represent the patent holder and protect their intellectual property. Well-versed patent attorneys stay up to date on the latest technological developments so they have a working knowledge of what exists and what is considered to be infringement.

How Patent Attorneys Get Their Title

A patent attorney is very specialized type of lawyer, so they must first receive a Bachelor’s degree in a specific scientific field. These fields have to be approved by the United States Patent and Trademark Office. Some examples of approved fields include engineering, biology, or chemistry. If the attorney plans to represent a client, they have to have a solid understanding of the field in which their clients operate. They must also pass the Patent Bar Exam. After receiving their bachelor’s degree, patent attorneys need to complete a Juris Doctor program at an accredited law school in order to begin practicing. They must also submit an application to the United States Patent and Trademark Office to receive an official license.

Who Needs Patent Attorneys?

Not everyone who has an invention needs to hire a patent attorney. Here are some instances where it would be prudent to call one and enlist their assistance:

  • You’ve confirmed that your patented idea is completely original, and you see a similar product being sold where the idea appears to be taken from yours.
  • You see a product being sold without your permission that has used your patented concept to make a profit without your consent.
  • Someone you once worked with has “stolen” your idea and is attempting to claim it as their own.

Using an attorney who specialized in this type of law can protect you and the hard work you’ve put in to make something out of your own ideas. It is worth it to use these kinds of lawyers in order to make sure your intellectual property remains yours, and stays protected. 

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Probate Explained In Four Steps

The very word “probate” has taken on a negative connotation in recent time, with a great deal of information available advising people on “how to avoid probate,” as if it were a dread disease. There is some benefit in planning your estate to keep some of your property out of probate, which will allow it to pass quickly and seamlessly to your heirs in privacy, but you must still probate some assets. In fact, the probate process can seldom be avoided entirely, and it pays to understand what probate is and how it works. Read on for the four main steps involved in probate. 

1.  File the probate petition in court.

This step signals the official beginning of the probate process, with the last will and testament of the deceased becoming a public document. An executor will be named, who will partner with the estate attorney to oversee the probate. Beneficiaries will receive notice of the filing, and will have an opportunity to challenge any part of the will in court with a hearing. Additionally, a legal notice to any potential creditors who may have a claim on the estate will be published in a local newspaper for a specified period of time.

2.  Take inventory.

An inventory of all debt and assets is performed by the executor, who is also referred to as a personal representative in some states. The inventory of assets may include stocks, bonds, bank accounts, retirement and pension accounts, real estate, vehicles, art, jewelry and more. For larger or more complicated estates, a professional appraiser may need to be hired to compete the inventory.

Additionally, the executor performs an accounting of all taxes and debt owed. Assets such as bank accounts may be used by the executor to pay taxes and bills. For estates with no liquid assets, the executor has the power to sell assets to bring debts and taxes up to date.

3.  Distribution of assets.

Once the waiting period for any interested parties (creditors) has passed, the executor is tasked with ensuring that the estate is distributed according to the wishes of the deceased. The estate now becomes final in court and includes an accounting of all financial transactions carried out by the executor on behalf of the estate. 

4.  Official transfers.

In this final part of probate, paperwork to reflect new ownership of all assets in the estate is accomplished. Quit claim deeds are completed to show real estate transfers and vehicles are retitled to show new ownership. The executor’s responsibility now largely passes to the beneficiaries, who will simply need to show a copy of the probated will to accomplish the documentation changes necessary to have a property be in their names. 

A legal and valid will that is updated on a timely basis can help ensure a quick and efficient probate process. Your financial planner and a local estate attorney (such as Edward G. Foster) will serve as invaluable resources when completing your will and keeping it current.

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