New Mexico Attorney Blog
September 3rd, 2010
More than likely if you are approved for SSD benefits your children will also receive a benefit based on your earnings record. In order for this to happen, your earnings over the years must have been sufficient to the point that there is money left on the record for your children. It has been my experience that most people who qualify for SSD have money left over so their kids also receive some benefit. As with SSD for yourself, the amount that the children receive is based on your earnings when you were working.
Just because you have applied for SSD benefits does not mean that the Social Security Administration will automatically process your kids claims. If you are approved for SSD benefits you must also make the administration aware that you have minor children (once kids turn 18 their benefits stop). You will likely have to take birth certificates in to your local social security office and they can then process those benefits.
If you only qualify for SSI benefits, then your children are not entitled to any benefit, based on your disability. This is because SSI is a need based program and as a result there are no benefits available to children of a disabled individual. However, if the child is disabled, then they very well could qualify for SSI benefits as a result of their own disability.
Tags: Social Security, Social Security back pay, SSI
Posted in Social Security Law | No Comments »
September 1st, 2010
Many of the issues facing parents involved in a divorce or paternity action involving child custody are not specific to New Mexico, but occurs in all fifty states. One such issue is the growing concern of parental alienation.
A contested custody dispute often creates a situation where one parental attempts to alienate children from the other parent. An example of parent alienation includes when one parent seeks to alienate the child from the other parent by doing things like preventing visitation between the child and the other parent. Also, bad-mouthing the absent parent can be considered parental alienation. Sometimes it is possible for grand parents and other relatives to alienate a child from an absent parent. In extreme situations, one parent can go so far as making false allegations in court to prevent the other parent from seeing the child.
Whatever the cause, parental alienation is a serious situation and if it goes on for an extend period of time, it can result in destroying a parent-child relationship. Counseling or psychological therapy is often needed and recommended for all of the parties involved in a parental alienation matter. If a party to custody action believes that alienation is a serious concern, they will need to bring that to the court’s attention immediately. This allows the court to put in place some safeguards to stop or limit the breakdown of communication and trust between the child and the alienated parent.
At Sanders, Bruin, Coll & Worley, P.A. we have experienced divorce and family law attorneys who know how essential it is to getting these issues heard and addressed by the court before it is too late save the relationship that exists between a parent and a child.
Posted in Family Law | No Comments »
September 1st, 2010
Worker suffers work-related injury, gives proper notice, and seeks medical attention, only to find out his employer did not carry workers’ compensation insurance. This is a reality many injured workers are facing with increasing frequency. Given the current economic climate it should not be surprising that many employers have attempted to cut costs. What is surprising is that many employers have chosen to eliminate their workers’ compensation insurance as a cost-cutting measure . Unfortunately, such actions carry potentially severe consequences for the injured worker and the employer.
When an injured worker discovers his employer did not carry workers’ compensation insurance, he or she must first consider whether his employer was required by law to carry insurance.
Here are some general guidelines for determining which employers are required to carry workers’ compensation coverage. Please note that a much more in-depth discussion is required to fully analyze this issue, and this is not intended to be an exhaustive discussion on this issue.
- In most industries, all employers who employ three or more workers are required by law to have workers’ compensation coverage. There is ongoing litigation concerning which employees (executives, family members, etc.) must be counted. This can differ based on the type of business (LLC, partnership, corporation, etc.).
- All employers in the construction industry must have coverage, regardless of the number of employees.
Obviously, then this will cover the majority of employers, meaning the strong majority of employers are required to have workers’ compensation insurance.
The law, however, exempts the following categories of employers from carrying workers’ compensation coverage:
- Private domestic servants
- Real Estate salespersons
- Farm and Ranch laborers
There has been extensive litigation establishing what specifically falls under these exemptions, but that requires much more in depth discussion under each category.
Your options as an injured worker differ based on whether your employer was lawfully or unlawfully uninsured. Accordingly, it is important to determine whether your employer was required to carry workers compensation insurance.
Posted in Worker's Comp Law | No Comments »
August 23rd, 2010
The length of time that it takes to get a decision for a Social Security Disability claim is getting longer and longer. The main reason for this is the fact that there has been a dramatic increase in disability claims filed across the country. The increase in claims being filed is likely caused by a tough economy as well as the fact that the population is aging.
In New Mexico, Social Security Disability/SSI claims can be won in as little as 30 days or take as long as two or three years. I would say that it is more common to take two years that it is to be one of the fortunate ones that takes 30 days.
The following is an estimate of the average length of time involved at each of the first three steps of the disability process in New Mexico:
Initial application: 3 to 6 months
Reconsideration: 3 to 6 months
Hearing: 1 year
If you lose at the hearing level there are additional levels of appeal that can take several more years. In looking at the times listed above you can see how it can very easily take two years to be approved for benefits if you have to go through the hearing level, which many people must do.
As you start the disability process or consider filing for disability benefits you should plan for it to take at least two years. If it ends up being shorter, then consider yourself fortunate.
Tags: new mexico, Social Security, SSI
Posted in Social Security Law | No Comments »
July 7th, 2010
All states provide a statutory basis for the dissolution of marriages by their courts. The basis for dissolving a marriage will vary from state to state. In the State of New Mexico there are four statutory grounds for divorce. One of the four grounds for divorce is what is typically referred to as the no-fault provision and the other three require a finding of fault by the other spouse. The relevant portion of the statute reads: “…, a district court may decree a dissolution of marriage on any of the following grounds: A. incompatibility; B. cruel and inhuman treatment: C. adultery; or D. abandonment.”
“Incompatibility” exists when there is such discord or conflict of personalities that the legitimate ends of the marriage relationship have been destroyed preventing any reasonable expectation of reconciliation. This provision is typically referred to as the no-fault provision. In other words, if one party testifies that from their perspective that the parties are incompatible, a judge may grant a divorce. Experience dictates that a party presenting contrary testimony that the parties are compatible will not be able to defeat the petition for dissolution. The very fact that the two parties have differing views on whether they are incompatible appears to support the proposition that they are “incompatible.”
As to the remaining three grounds B, C and D, a party who makes any of these allegations must prove the grounds by a preponderance of the evidence. In the area of adultery, it is sometimes very difficult to prove actual “sex outside of marriage” without an admission of one of the parties or “being caught in the act”. Cruel and inhuman treatment is also fraught with some difficulties where there are mild behavior patterns or interaction between the spouses that constitute acts of emotional, verbal, psychological, social abuse, etc. Such behavior in marriage without further physical evidence, may not constitute cruel and inhuman treatment. Abandonment may be one of the easier to prove since clearly one party has chosen to leave a marriage and most often cannot be found for service of the petition.
Most divorces are filed under grounds of “incompatibility” or the no-fault provision even where there may be an indication that one or more of the fault provisions are present. There can be some very clear advantages and disadvantages in choosing your grounds for filing a divorce action and each situation is very different. You should consult an attorney before deciding which ground or grounds for dissolution of your marriage are best for your factual situation.
Tags: Causation, Divorce, Emotional Security, Incompatible, new mexico, no-fault divorce
Posted in Family Law | Comments Off
July 7th, 2010
Failure to diagnose a condition is a form of medical malpractice. Failure to diagnose cases can also include issues of delayed diagnosis. With certain medical conditions, the delay can allow the disease to progress into stages that cause irreparable harm. For example, if a patient has an infectious disease, the failure to diagnose the disease in a timely manner can mean the difference between life and death. Statistics show that most medical malpractice claims arise because a physician failed to diagnose some type of a condition. Failure to diagnose is a negligent action that deserves compensation for the financial burdens as well as the pain and suffering that it has caused. If you or a family member is suffering from a condition due to the healthcare professional’s failure to diagnose, please call us today to set up a free consultation regarding a potential medical malpractice claim.
Posted in Medical Malpractice | No Comments »
June 16th, 2010
Parents have a difficult time talking about their divorce with their children. Some people want to speak ill of their ex-spouse. While doing this may make you feel good, doing it in front of a child can hurt the child, adding to a child’s fear and insecurity. It is important for both parents to meet with the child and explain in a very calm manner what changes are about to take place. You must jointly plan what you are going to say to your child ahead of time. Ask the child age appropriate questions and let them talk about what they are feeling. You must take all of their questions seriously. It is important to recognize that the divorce will have an effect on the child’s daily routine and future.
It is important that you do not discuss the details of the divorce in front of them because this can lead to unnecessary arguments. When talking about your ex spouse or partner, make only positive comments and refrain from negative or derogatory comments in front of the child.
Divorce can lead to many emotional and physical problems for children. Your child may feel that they are the reason that the two of you are separating. They can feel that both parents are abandoning them. Children can develop physical illnesses because of the divorce. They need the reassurance of both parents that the divorce is not their fault and that the two of you still love them.
Preschoolers have a very hard time adjusting to a divorce. If the divorce is hostile, they are at a greater risk of becoming “bullies” or being the subject of abuse. At this age group, males have a harder time with the separation anxiety than females. Also, during the adolescent years, it is a smart for both parents to work together. This can minimize the potential manipulation by preteens and teens of both parents, in addition it will help to curb potential rebellious attitudes of teens. Teens that cannot lean on parents or family members for support are more likely to abuse alcohol and drugs.
In any separation or divorce, it is critically important that both parents shower their child with love, discipline, kindness and emotional support, giving them ample opportunity to express their concerns. You don’t need to become a Disney Land Dad or Recreation and Amusement Mom to express love and support. Teaching a child how to love, relate to others, create a healthy work ethic and live in community are gifts that any parent can give to their children regardless of the parent’s socio-economic status and the divorce or separation. Throughout the divorce, separation and all of the years following a division in a family, parents must always place the child’s best interest above their own interests.
Tags: Best Interest, Child Custody, Children, Divorce, Emotional Security, Family Law, Legal Separation, new mexico, Paternity, Separation, Visitation
Posted in Family Law | No Comments »
May 12th, 2010
There are a variety of situations that can lead to a medical malpractice claim. Medical Malpractice claims can range from the obvious (a doctor leaving a sponge in a patient’s stomach during an operation) to the not so obvious (a doctor failing to tell a patient that a prescribed drug might cause heart failure). Most medical malpractice claims can be categorized into one of the following general categories: (1) Failure to Diagnose; (2) Improper Treatment; and (3) Failure to Disclose Known Risks.
Cases fall into the first category when a competent doctor would have discovered the patient’s illness or made a different diagnosis, which in turn would have led to a better outcome than the one actually achieved. Cases fall into the second category when a doctor treats the patient in a way that no other competent doctor would have treated the patient. In a similar vein, it may also be malpractice if the doctor selects the appropriate treatment but administers it incompetently. Finally, cases fall into the third category when doctors breach their duty to warn patients of known risks of a procedure or course of treatment – this is also known as the duty of informed consent. If a patient, once properly informed of possible risks, would have elected not to go through with the procedure, the doctor may be liable for medical malpractice if the patient is injured by the procedure.
Call us today to set up a free consultation regarding a potential medical malpractice claim.
Tags: Attorney, common, Medical Malpractice, types
Posted in Medical Malpractice, Personal Injury Law | No Comments »
May 12th, 2010
5) Assume that you cannot afford to hire an attorney.
When I am hired to represent clients that are trying to get SSI/Social Security disability benefits my fees are based on a 25% contingent fee of the back pay that is recovered. That means that I only collect a fee if I am successful for my clients and I get them on disability benefits.
Assuming that we are successful, my fee would be 25% of the back pay that you recover. For example; if you were entitled to $1,000 a month for Social Security disability and you were owed 4 months of back pay at the end of your case, your back pay would total $4,000. Out of the $4,000 that is owed, 25% would go to pay your attorney which would equal $1,000. You would get the remainder which would be $3,000.
This fee setup is good for a number of reasons: 1) You do not have to have any money up front to hire me; 2) I only am entitled to collect a fee if I am successful for my client and they recover back pay; 3) I will do everything I can to work hard and be successful for my clients because I only get paid if I am successful; 4) I only take cases that I think I can be successful on for the reasons mentioned above.
Tags: disability, Social Security, Social Security attorney fees, Social Security back pay, SSI
Posted in Social Security Law | No Comments »
May 3rd, 2010
First, check to see if you or anyone else is injured. If, so, you should try to render aid, if you can safely do so. Even if you think someone else is at fault, it is a good idea to try to prevent further injury.
Second, try to prevent causing any additional accidents. If you are in the middle of traffic, safely move off of the roadway. If your vehicle is in the middle of traffic, place flares or warning triangles on the road. Allow police and other emergency personnel investigate the scene with the vehicles in place and move them safely out of the way.
Third, call the police. Tell them immediately if you or anyone else is injured. Answer their questions honestly, but do not admit fault. If you are confused or in a daze, tell the police you need medical treatment and aren’t able to accurately discuss the events at the moment. Remember, anything you say can be used against you in a court proceeding. Even if you think the damage wasn’t too bad, or you weren’t injured, having a police report can help you pursue or defend against a claim that arises later.
Fourth, get all the information you can from the other drivers. Make sure to get their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and insurance company and policy numbers. Get contact information for any witnesses, also.
Fifth, take pictures of the scene and any vehicles that may have been involved. Take your valuable belongings out of the vehicle if it is safe to do so. If you are too injured, take pictures or remove your valuables, do so as soon as you are able.
Sixth, if you are injured, get medical treatment. Don’t decline treatment to save money or to be strong. If you are not hurt, do not accept treatment you don’t need. Remember, though, after an accident you may not feel the pain of the injury until hours or days later. Seek medical help as soon as you feel the injury.
Seventh, contact a good attorney as soon as you are able to after your initial treatment. The sooner you contact an attorney, the sooner he will be able to gather important evidence and prevent your insurance company from taking advantage of you. Do not give any statements to your insurance company until you have met with an attorney. A good attorney can help you obtain higher settlements and prevent you from making expensive mistakes.
Eighth, you need to need to report the accident to your insurance carrier, but keep in mind you need the protection of an attorney before you make any statements regarding the accident.
Ninth, do not agree to settle with the other person, even if you were the one at fault. This rarely works to your advantage. Never agree not to call the police. Police reports can determine the fault for an accident can be greatly advantageous. Not calling the police only gives the other party an opportunity to change his story once the police will no longer investigate the accident.
Tenth, don’t pay a traffic citation without fighting in court if you believe you weren’t at fault, and don’t agree to accept a payment for your vehicle repairs without knowing the actual cost of the repairs.
If you’ve had a motorcycle or automobile accident in New Mexico, please contact our law firm. We have the experience you need to ensure you are represented and get the compensation you deserve.
Tags: Attorney, Causation, claims processing, motorcycle safety, Personal Injury
Posted in Personal Injury Law | No Comments »
|
