Medical Treatment During the COVID-19 Pandemic

31 Aug

Hi, my name is Joe Robles Jr., managing attorney for the pre-litigation department here at Bailey & Galyen. Today I want to talk a little bit about medical treatment during the COVID-19 pandemic.
First, I want to urge you to keep treating because your health matters. You should never ever just deal with the pain someone has cause you. You deserve the best treatment possible because you deserve no less.

Second, the bottom line for many of these insurance companies is saving money. If you never got treatment because you’re worried about the current pandemic, whether you’re injured or not, many insurance companies will refuse to make an offer for your injuries, regardless of how serious the accident is.

Now I understand that during the pandemic you may be at high-risk. We understand. Medical providers understand. But rest assure, there is technology out there that can get you through this troubled time.
Many medical providers offer telemedicine, which is still a one-on-one visit with your doctor, however it’s through videoconferencing rather than face-to-face. And many providers will make sure your medicine gets delivered right to your front door.

So just remember, during this pandemic, you aren’t stuck, we are in this together, and help is right around the corner.

Employers Using Economic Slumps to Eliminate Older Workers

Jamie Gilmore, ESQ. Employment Law

2 Sep

Hi everyone, I’m Jamie Gilmore, an employment attorney with Bailey & Galyen. We all have heard and commented on the fact that we are living through an extraordinary time. As a result of the COVID pandemic, employers have closed and furloughed, terminated, or laid off employees at an unprecedented rate. The unemployment rate during the COVID pandemic has been compared to and argued that it was worse than the Great Depression. Employers often use economic slumps as an opportunity to eliminate older workers. Research has also shown that, during times of higher unemployment, older workers are some of the first to be fired and last to be hired back.

Statistics from the Equal Employment Opportunity Commission show that complaints of age discrimination significantly rise with rising unemployment numbers. In fact, the statistics show that complaints of age discrimination rise at a higher rate than the rise in unemployment. This trend is not new. Historically, employers use economic hardship as a reason to terminate older workers.

Looking for a job in your 50s is very different than looking for one in your 30s or even 40s. In a youth obsessed job market, older workers are unemployed and searching for work longer than the younger workers employers seek. Age discrimination by an employer is illegal. It has been illegal for more than 50 years. While there are several federal and state laws prohibiting age discrimination, the Age Discrimination in Employment Act of 1967 or ADEA and the Texas Commission on Human Rights Act (TCHRA) are the most well known. The ADEA and TCHRA protect certain applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment. These laws also protect applicants and employees from retaliation for reporting a violation of the ADEA or TCHRA.

Age discrimination complaints under the ADEA and TCHRA must initially be filed with the EEOC or Texas Workforce Commission – Civil Rights Division. There are strict time limitations to asserting an age claim. The first step in any age discrimination complaint is to file a Charge of Discrimination with the EEOC or TWC and this must be done within a specific window of time. To assert federal claims under the ADEA, a Charge must be filed within 300 days of the discrimination or retaliation. To assert claims in state court under the TCHRA, a Charge must be filed within 180 days of the discrimination or retaliation. If you do not file the charge with the agencies within the time period, your legal claims for age discrimination may be lost forever.

As with any legal matter, individuals can file a Charge of Discrimination with the EEOC or TWC on their own. However, this decision may lead to difficulties and pitfalls in the future because claims and allegations may not be properly framed at the EEOC. It is my recommendation that you speak with an employment attorney early and before filing any charge of discrimination.

The employment attorneys at Bailey & Galyen are experienced and versed in filing charges with the EEOC and TWC and are prepared to fight for your legal rights from Charge to jury verdict. We understand the games that employers play and excuses they throw at employees when age discrimination occurs. At Bailey & Galyen, we offer a free consultation with experienced employment attorneys and staff to give you the advice and guidance about your legal rights. Call me today to discuss your employment situation.

What Happens When a Debt Collector Files a Lawsuit Against You?

Joseph Vacek, ESQ. Bankruptcy

2 Sep

Hello I’m Joseph Vacek the bankruptcy attorney here at Bailey & Galyen. Today we’re going to talk about what happens when a debt collector files a lawsuit against you.

Well, there are a couple of steps. The first one is you’ve been served with a citation and you’re told you need to file an answer. Can bankruptcy help me at this point? Yes! The bankruptcy when you file it whether Chapter 7 or 13 put’s in what’s called an automatic stay. Which imagine is like this wall that comes down and stopes everything from happening. That’s the collection of your debts, that’s also the prosecution of a lawsuit.

If the answer date has already expired you may have a default judgement taken against you against you at which the debt collector may try to execute that judgement. A a couple of ways that they try to execute it is 1. they will ask to garnish your bank accounts and 2. They will send you post judgement discovery and that discovery will ask what assets you may or may not have. It’s quite long and they can pretty much ask whatever they want. Bankruptcy puts an end to that. So even if you have a judgement against you or if you have pending post judgement discovery come talk to us we can help resolve this. Either through Chapter 7 by wiping it our, or through a Chapter 13 in which you can resolve that debt over 3 to 5 years.

The Importance of Having An Experienced Criminal Defense Attorney

Patrick McCarty, ESQ. Criminal Law

2 Sep

Hi, my name is Patrick McCarty, I’m a criminal defense attorney here at Bailey & Galyen. Today I wanted to talk to you about the importance of having an experienced criminal defense attorney represent you if you have been arrested or charged with a crime.

If you are accused of a crime it is important to have an experienced criminal defense attorney in your corner. An experienced criminal defense attorney can examine the charge and determine the police properly contacted you and properly booked you in and if any searches they did were legal and above board. Sometimes they make mistakes and in those instances a criminal defense attorney can figure that out and possibly get some of the evidence thrown out of the case.

In addition it’s a good idea to have a criminal defense attorney who is familiar with the local courts, the personalities, judges, and the other other attorneys in the counties where the charges have been laid. Sometimes as in Tarrant County there are different programs that some defendants might qualify for that can help get their cases dismissed ultimately and potentially removed from their record permanently.

In addition sometimes there are cases that maybe it’s a good enough case to proceed on for the state but there’s a lot of holes in the case and perhaps we can take it to trial and win, perhaps we can get it dismissed or reduced down to some other charge that is more palatable to the defendant.

In addition many criminal charges have lifelong impacts on the people who get the charges and they may not be the things that you readily think of. Obviously a DWI is going to interfere with your ability to get inexpensive insurance it’s going to effect lot’s of aspects of driving but sometimes it even interferes with your ability to go with your children on a school field trip. It can interfere with your ability to go in to Canada or some other countries. The same is true for several other charges such as domestic violence, it may become hard to rent an apartment or to own a gun theres just all these implications and it’s important to have a criminal defense attorney who understands these things and can stand up for you and protect your rights.

So if you’re charged with any offense but in particular if you’re charged with DWI, DUI, controlled substances, marijuana/thc, assault charges, domestic violence charges, and sometimes some cases can be sealed, expunged or non-disclosed. If you need help with any of these areas or any other criminal defense areas please contact the criminal defense attorneys at Bailey & Galyen. Thank you.

COVID-19’s Continued Impact on Social Security

Ian Croall, ESQ. Social Security Disability

2 Sep

Good afternoon, my name is Ian Croall and I’m the managing attorney for the Social Security & Disability department of Bailey & Galyen.

I wanted to speak to you today to provide some updates about the pandemic’s continued impacts on Social Security and the Social Security application process. Currently all Social Security offices remain closed to the general public. All Social Security business can still be conducted via their online portal at SSA.gov or by calling their toll-free number 1-800-772-1213. Similarly, all administrative law judge hearings are continuing to be held telephonically via telephone conference. You can always opt out of a telephone conference however before making that determination it is important to talk to an experienced representative to see if that is the best decision for you and your particular case.

Now more than ever the disability process is fraught with uncertainty and troubled waters. It is important that you have experienced disability professionals on your side to make sure you personal records and paperwork are timely filed making sure that your claim is processed as fast as possible.

Recent news reports have brought to light just how difficult and time consuming the Social Security application process can be. From 2009 to 2019 approximately 110,000 people died while waiting for their Social Security Disability applications to be resolved. Similarly 50,000 people declared Bankruptcy while awaiting a final decision on their Social Security Disability applications.

The Social Security Disability backlog is often times impacted by economic uncertainty. During the Great Recession of 2008 appeal backlogs swelled taking approximately over 2 years to have a final resolution on all disability cases filed. As the years progressed and as we got into 2019 that backlog has lessened and claims were taking less than 2 years to be resolved. However given the uncertainty of the current COVID-19 pandemic I do expect the wait times for appeals to swell again. Meaning that now more than ever it’s more important than ever that you get your claim filed right the first time.

If you are hurt, disabled or unable to work please do not hesitate to contact the professionals here at the Law Offices of Bailey & Galyen. If you are struggling financially we will work on a contingent basis meaning that you will not owe any money for our services or representation until or when your disability claim is approved. Again, nobody has to fight disability alone. If you are hurt, injured or otherwise impaired contact us here at the law offices of Bailey & Galyen for a free disability consultation.

Updates from the Immigration Department

Patricia Barbee, ESQ. Immigration

2 Sep

Hi everyone I’m Patricia Barbee the Managing Attorney of the Immigration Department here at Bailey & Galyen.

Just wanted to give you a few updates in the world of Immigration. Honestly it’s the dog days of summer there’s not a lot new happening but I do want to let you’ll know if you are thinking about filing a petition, a family petition or other kind of petition with Immigration it’s a good idea to get started now because Immigration announced recently that they are raising fees on a lot of the applications. One of the most significant would be for citizenship. That filing fee for several years has been $725 to apply for your citizenship, is going to going up to over $1,200 by October the 2nd so if you want to file for your citizenship let’s get that in the mail now and save you about $500.

There was some judicial action on DACA which had been seemingly restored by a District Court Judge back East so there was a brief window where initial DACA applicants were able to file again but another judge in another District Court ruled that actually no that’s not what the Supreme Court decision on DACA said at all and so all states now other than 3 on the East Coast are again rejecting initial DACA applications. So I would say to you if you are interested in DACA and you think you are eligible for initial DACA come see me for a consultation and let’s see if that’s true and keep our eye on the news. And if that changes in your favor we would be ahead of the game and ready to get your application in the mail to take advantage of that window of opportunity that could be open again very briefly.

But I would also say to you if you think you are eligible for DACA come see me because it may be that you could be eligible for other things that you were not aware of. Knowledge is power and until you come and tell an Immigration attorney your facts of your particular history in your case you may be completely unaware that there are ways that you can adjust your status and become a permanent resident and even a US resident. Some of you may even already be US Citizens. I have had quite a few clients over the years who had no idea that they had any status but we were able to show because they had 1 US citizen parent and that parent fulfilled some of the requirements for physical presence in the United States between certain periods of time that that person actually was a citizen all along.

So come see me, make an appointment, call 214-252-9099 which is the reception desk here at my office in Dallas. We’ll set you up and we’ll see what we can do for you.

Why You Should Seek Wise Estate Planning Counsel

J.C. Bailey III, ESQ. Estate Planning

30 Jan

I’m Jay Bailey with Bailey & Galyen, I’m of Counsel with the firm, and I head our Probate & Estate Planning section.

You’ve got lots of things you’re good at. You have expertise as a professional, you have expertise in the trades, you’re an excellent educator, you’ve got a lot of experience.

You’re probably not a Probate or Estate Planning lawyer. So you can go online, you can watch a video, or a TV promotion, but I wouldn’t. I’d seek wise counsel.

You see, in hand grenades and horseshoes, close actually scores points. In Probate & Estate Planning getting close means you missed the mark, and it can cost you and your family thousands, if not hundreds of thousands of dollars. Talk to somebody who knows what they’re doing. Seek wise counsel. It’ll be a relief to you and a blessing to your family.

The best advice we give is to seek wise counsel. If you need help, call me.

Divorce

R. Keith Spencer, ESQ. Family Law

24 Feb

People contemplating a divorce would be well-advised to take stock of their current circumstances and evaluate whether they are in a position to proceed. A divorce is very disruptive to your life. It will affect your living arrangements, child care, job, and finances. A meeting with an attorney can help a client decide whether they are “ready for a divorce”.

Can you afford to pay the rent or mortgage on just one salary? Can you pay your other monthly bills?

Do your work hours or travel requirements make it difficult for you to get the kids to school or care for them at night?

Do you have a day care provider or a plan that allows you to work outside the home? Can you afford day care?

The answers to these kinds of questions may indicate that you are not yet prepared to file for divorce. For example, you may decide you need to change shifts at work to be able to care for your kids in the event of a divorce. You may need to make alternative living arrangements if you can’t afford the home on just one salary.

You also need to take into account the legal fees that come with a divorce. In other words, you need to have a workable plan for life after divorce. A meeting with an attorney can help you evaluate your readiness for a divorce and the financial changes that come with it.

At Bailey & Galyen, we offer free consultations with experience family law attorneys so you can evaluate your case and your plan for life after divorce.

Personal Injury Overview

Scott Robelen, ESQ. Personal Injury

31 Jul

Hi, I’m Scott Robelen. For the last 15 years I’ve been the Managing Attorney of Litigation in the Dallas office for the law firm of Bailey & Galyen. I’ve been a practicing litigation attorney for 30 years.

We handle an array of cases and we have an array of experience levels. The least of our experience levels are a minimum of 10 years for our attorneys. Some of our attorneys have been practicing for 40 years so we handle all types of cases. Trucking cases, Medical Malpractice cases, a lot of insurance cases where the insurance company simply won’t pay. We handle a lot of catastrophic cases where people have suffered from life changing injuries and we’ve helped them secure enough financial prosperity to help them live comfortably for the rest of their life. That’s what we do.

So if you’ve suffered a catastrophic or serious injury do not wait to hire an attorney. I can assure you the people on the other side of your case already have their lawyers on it.

Social Security Disability Updates

Ian Croall, ESQ. Social Security Law

31 Jul

Good Afternoon,
I hope you and all of your families are staying safe during this unique and unusual time. As the Covid 19 pandemic has spread we have all found our lives altered in various ways. Social security and the way they conduct business has changed along with most everything else.

Currently Social Security has closed its field office for walk in services meaning you are not able to go to your local office to either apply for benefits or conduct any business.

Social security is also not currently conducting in person hearings in front of administrative law judges at the present time. Hearing are being held telephonically for the foreseeable future. While this provides some obvious complications, I do feel as though the telephonic hearings are effective in most circumstances. However, we can opt out of telephone hearings and wait for in-person hearing to resume if that is the claimants choice or if their particular circumstance calls for it.

Here at Bailey and Galyen we remain committed to providing excellent social security representation through these difficult times. If you are disabled and unable to work and struggling to navigate the ever changing waters please do not hesitate to contact our office for a free consultation. We continue to offer in person consultations with appropriate social distancing precautions by appointment. We also offer a variety of teleconference alternatives and phone consultations to ease your social security application process.

While SSA offices are not providing service to walk-in visitors due to COVID-19, they remain committed to providing ongoing benefits and vital services. The administration recommends you first try their online services portal at SSA.GOV or calling them at the automated help line at 1-800-772-1213.

Unfortunately. with uncertainty comes an opportunity for malicious scammers to take advantage of the public and obtain money and/or personal information. Please be aware that if you receive any calls claiming to be from the social security administration offering money or gift cards in exchange for personal information it is most likely a scam. Similarly if you receive a letter, call, or email threatening the suspension of benefits this is also a scam. The administration has assured representatives and the public that no suspension or discontinuation of benefits will occur while their offices are closed to the public.

Additionally the social security administration is extending deadlines when ever possible and in their words “providing maximum flexibility in applying their good cause policy for extending time limits for filing appeals and other actions during the pandemic. Now more than ever it is important to have an experienced compassionate legal team managing your social security disability claim. I f you are struggling or have questions please to not hesitate contact the law office of Bailey and Galyen so we can join the fight for the benefits you are entitled to.

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Case Financing

Medical Treatment During the COVID-19 Pandemic

Employers Using Economic Slumps to Eliminate Older Workers

What Happens When a Debt Collector Files a Lawsuit Against You?

The Importance of Having An Experienced Criminal Defense Attorney

Updates from the Immigration Department

Why You Should Seek Wise Estate Planning Counsel

Divorce

Personal Injury Overview

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