When your claim comes up for hearing, the Social Security Judge will go through a 5 step “sequential evaluation process” to decide whether you meet Social Security’s definition of disability. Step 1 Whether you are working and, if so, Whether the work the claimant is doing constitutes substantial gainful activity (SGA)....
Social Security Disability Appeals
You have the right to appeal any decision Social Security makes as to your entitlement to Social Security benefits or Supplemental Security Income (SSI) payments. The first step in the appeals process is called a reconsideration determination. You will receive a new decision by someone who had no part in...
Supreme Court Doma Decision and Social Security Benefits
The United States Supreme Court, in United States v. Windsor, struck down Section 3 of the Defense of Marriage Act (DOMA), which defined marriage for federal purposes as the union between a man and a woman, finding that it violates equal protection and federalism principles. There are currently an estimated...
Personal Injuries from Defective Seat Belts
Most people are aware that they can be ticketed for not wearing a seat belt, but what if the one they are wearing does not protect them the way it should? Seat belts are highly effective at preventing injury or death during an accident, but only if they are well...
New Bill Could Change Florida Alimony Laws
One stressful and legally complicated aspect of divorce is alimony. Many see alimony as an old-fashioned vestige of divorce. Others see it as a necessary way to help an individual who made financial sacrifices to help the family during marriage. Individuals who are facing a divorce should become familiar with...
Rear-End Accidents Can Be the Front Driver’s Fault
Last year, the Florida Supreme Court made an important change to the case law governing rear-end automobile accidents. Traditionally such accidents are presumed to be the fault of the person driving the rear vehicle. This presumption exists because the driver of the forward vehicle generally can’t see what caused a...
Child Support Guidelines in Florida
In Florida, as well as many other states, child support is determined by guidelines established by the legislature. The child support guideline amount is set out in Florida Statute 61.30 which establishes the amount the Court will award, whether in an initial dissolution of marriage proceeding requesting child support or in...
STUDENT LOANS, BANKRUPTCY AND HOPE
More than $100 billion of student loans were taken out in 2010. Total loans, whether in the form of federal student aid or private student loans, exceed $1 trillion, which means more is owed on student loans than on credit cards. Student loans are extremely difficult to discharge in bankruptcy. ...
TRAFFIC TICKETS, BANKRUPTCY AND FLORIDA
A question that frequently comes up at consultations in my office is whether traffic tickets can be discharged in bankruptcy. Recently, a client presented with over $7000 of fines related to going through tolls with an invalidSunPass. 11 U.S.C. § 523(a)(7) of the bankruptcy law provides that a Chapter 7...
A CASE OF FORECLOSURE FRAUD IN WEST PALM BEACH
An instructive case of what appears to be foreclosure fraud was recently heard by the Florida 4th District Court of Appeals (West Palm Beach) in Pino v. Bank of New York Mellon. I have personally defended similar cases many times. BNY Mellon filed an action to foreclose a mortgage against...