What Compensable vs Non-compensable Injuries in a Workers’ Compensation Case

If you have an accepted workers' compensation claim, 'compensable injury' is something you need to know. If the insurance carrier acknowledges and accepts that you sustained a work-related injury, compensable injury is the actual injury that they have accepted and will cover medical treatment for...the rest of your life. Non-compensable injury, are injuries they do not accept, as being caused by the work-related incident. They will not cover nor pay for any medical treatment on diagnosis they have not accepted. How do you know what injuries are covered? The carrier must file a 'Plain Language Notice' (PLN) form that disputes the injuries that they feel are not part of the compensable injury. You and your doctor should receive this in the event there is a dispute over what injuries are compensable(accepted) or non-compensable (disputed). The carrier often will accept a strain/sprain but deny that a tear or a herniated disc is not related and deem it "pre-existing." You will be … [Read more...]

IMMIGRATION HELP FOR FAMILIES OF MILITARY MEMBERS AND VETERANS

What is Parole in Place? Parole in Place is a status that is available for those undocumented spouses, children, or parents of a military member, those in the reserves, and even veterans. Parole in Place allows the undocumented family members to legally reside in the U.S. and even work legally. However, the decision to provide a Parole in Place for a family member is discretionary. What is needed? U.S. Citizenship and Immigration Services have provided forms required for this type of request. In addition, evidence to show the family relationship and proving the status of the military family member would also be required. There is also favorable evidence that should be included depending on the particular family situation and should be discussed with an attorney. It is important to seek professional guidance from an attorney when it comes to immigration eligibility for you and your family since each case and family situation is different. contact us online if you have questions … [Read more...]

It Is All About You

Too often in Family litigation, a party places focus in the wrong place. Divorces and custody cases are so full of emotional turmoil that priorities get misplaced. It becomes very easy for you to say, “I want to make him/her suffer and pay for what they have done to me.” The problem with that is that your priority should be YOU and your children if you have them. In a divorce, you need to focus with specificity on what you need to get by each month and what your housing, job, and financial situation is going to look like post-divorce. You need to be a pro-active and involved in making those decisions as possible. The Court is going to divide property and make decisions about financial questions, like spousal support, with or without your full input. If you are focused on your soon-to-be ex-spouse, then you are not helping the Court to help you. Who cares if he/she thinks they got the better end of the deal if you are happy and secure and free? Will it help you if you think you … [Read more...]

Student Loan Discharge

Depending, upon your student loan/lender, when you are found disabled by SSA, your loans may be forgiven. Some, but not all lenders will do this now. President Obama introduced an executive action in April 2016, that will help all disabled people discharge their student loans. To qualify, you must be found totally and permanently disabled, and medical improvement is not expected. This action should help approximately 380,000 individuals receiving SS Disability. However, there may be tax consequences if your loans are discharged, you will need to contact your lender or https://nosscr.org/ssdi-student-loans for additional information and to determine whether or not this may benefit you. Please visit our website: www.socialsecurityjustice.com or contact one of our Bailey & Galyen offices for additional information. … [Read more...]

Will, Trust, and Powers of Attorney

One of my favorite things on social media is the pictures of the special cake, cupcake or project that shows a perfect example and then the not so perfect attempt to copy it. The children’s animated or puppet character cake looks amazing when the professional has produced it, but the amateur attempt barely resembles it. You may have had that experience with following a recipe. You think you have all the information you need to recreate a dish or bakery item you liked, but “epic fail” best describes the result. What happens is that we may not have had all the ingredients or in the right proportions or in the right order or mixed correctly. There may be timing issues and temperature settings that are difficult to produce. It may be that the person who produces a consistently excellent product knows some things that we don’t know. I counsel with people who have experienced that same “epic fail” on a daily basis. I can sure relate to what they’re going through. Many times I’ve thought I … [Read more...]

Bailey & Galyen Wins Major Jury Verdict—Secures Nearly $800,000 for Auto Accident Injury Victim

After unsuccessful attempts to negotiate a settlement in a motor vehicle accident injury claim, Bailey & Galyen's personal injury team took its case to a judge and jury (48th Judicial District Tarrant County, Texas), receiving a $794,127 verdict for a woman who suffered serious injury in a car wreck. The client was riding with her husband in Tarrant County when the defendant slammed into the rear of their car, propelling them into the vehicle in front of them. As a result of the collision, our client sustained serious and debilitating injuries requiring long-term medical care. Police investigators concluded that the defendant was distracted at the time of the crash, but did not disclose why he was not paying attention to the road in front of him. Though the defendant’s responsibility was clear, his insurance provider refused to settle the claim, leading to the trial. … [Read more...]

WHAT IS A SPECIAL NEEDS TRUST?

A Special Needs Trust is a trust that can be used to supplement a disabled beneficiary’s needs while allowing that beneficiary to continue receiving his or her governmental benefits. These benefits include Supplemental Security Income (SSI), Social Security and Medicaid. Because these benefits are income based, a beneficiary that inherits a sum of money would be disqualified from receiving those benefits. One way to avoid this would be to create a special needs trust for the disabled beneficiary. Then, in place of leaving property directly to that beneficiary, you would leave it to the special needs trust. Because the beneficiary does not have control over the assets, it is not counted as income for eligibility purposes. The trustee of the special needs trust can use the trust assets to pay for personal care, vacations, home furnishings, out of pocket medical and dental expenses, education and so on for the beneficiary. The trustee would have complete discretion over how the … [Read more...]

Hurt at your Part-time job?

I have had many cases where my client was injured while at his/her part-time job, and due to the work restrictions, they can't work at their full-time job. What then? Well, there is a form for this: DWC 3ME. Where you were injured is the "claim employer," all other employers are called "non-claim" employers. Your non-claim employers must fill out the DWC 3ME, to show what your wages were before the accident, up to 13 weeks. The insurance carrier must calculate all your wages that you were earning prior to your injury, especially now since the post-injury earnings have significantly changed due to your injury. Be sure to mention to your attorney that you have other earnings that must be considered since you are no longer able to work. Give us a call today so that we can review your full pre-injury wages and compare them with your post-injury earnings or lack thereof. Contact Us To set up a free initial consultation, contact us online or call us at 844-402-2992. For your … [Read more...]

Chapter 13 and the New “Conduit” Program in North Texas

Let’s Save Your Home If you are reading this, you likely live in the Northern District of Texas – in the DFW Metroplex – and may be searching for a way to save your home from foreclosure. My home, too, is by far, my most prized asset; and it isn't just about value; it's psychological: "There is no place like home." If you are like me, your home means everything to you and your family. It's where you've raised your children, where you find your most peaceful rest, where you work on your hobbies, and so much more. Falling behind on your mortgage payments - due to job loss, illness, divorce, etc. is nothing short of frightening. Chapter 13 is a way to resolve this problem. Indeed, thousands of homeowners in the Northern District of Texas seek Chapter 13 protection each year. What's more, thousands of homeowners here emerge from their Chapter 13 reorganizations back on track – with their mortgage arrears satisfied and their ongoing monthly mortgage payments paid in full. It's a … [Read more...]

Possession and Access

This month I want to talk about Possession and Access, what we more frequently call visitation. The law concerning Possession and Access is found in Texas Family Code Chapter 153 beginning at section 301. Much like child support, the "Standard Possession Schedule" is a GUIDELINE. It is the presumed minimum amount of visitation in the "best interest of the child." Just like child support the court can order more or less IF there is evidence before court indicating more or less that the Standard Possession Schedule is in the best interest of the child. Another thing that parties often overlook is what I believe to be the most important phrase of the entire Standard Possession Schedule (section 153.311) ...The parties may have possession of the child(ren) at times mutually agreed to in advance by the parties and, in the absence of mutual agreement, shall have possession of the child under the terms set out in the standard possession order. As a drafting tip in order to make it clearer … [Read more...]