By: Michael Spychalski The Department of Homeland Security has created a new process that will allow certain spouses, children, and parents of a U.S. citizen to apply for a provisional unlawful presence waiver while in the United States and before … [Read more...]
Levels of Appeal in SS Disability Cases
There are several levels of appeal in SS Disability claims. At the initial and reconsideration levels, the decision is made by a disability examiner in your state. Their job is to collect medical records, send you questionnaires to gather … [Read more...]
Children’s Benefits
There are several ways to prove disability for adults, but really only one for minor children. There is the additional requirement of financial need for children’s disability claims as well. For a child to collect disability, the household income … [Read more...]
“Sticks and stones may break my bones but on-line posts may land me in prison”.
“Sticks and stones may break my bones but on-line posts may land me in prison”. A brief look at the National Trends regarding the use of social media and its affect on legal policy- PART I By Kristie Walsdorf The term social media generally … [Read more...]
Fibromyalgia
Although SSA recognizes joint pain due to arthritis; and pain in general from a variety of conditions; people alleging disability due to fibromyalgia have had trouble establishing their condition in the past since it is subjective in nature. SSA just … [Read more...]
Are SS Benefits taxable?
Like any good legal answer, it depends. Back pay = Congress has provided a special provision for lump sum payments that cover several prior years. SEE I.R. Code ch.86(e) It allows the taxpayer to offset the lump sum SSA will send you a 1099 each … [Read more...]
Compassionate Allowances
Some conditions are accepted as so severe, SSA will automatically award your claim. Whereas generally having a diagnoses is not enough to get disability; if you have one of the following, the diagnosis alone truly is enough for an award of … [Read more...]
Right to Bear Arms?
DOES THE SECOND AMENDMENT JUSTIFY THE DEATHS OF 100,000 AMERICANS A YEAR? By: Kristie Walsdorf There have been 61 mass shootings in the United States since the January 8, 2011 massacre in Tucson, Arizona. The senseless shootings of 70 women, … [Read more...]
DREAM Act Fails Again
by Michael J. Spychalski I know a number of people were watching the DREAM Act vote very closely, but I doubt a lot of people know what D.R.E.A.M. stands for. It stands for Development, Relief and Education for Alien Minors. The Act passed in the … [Read more...]
Your Words Will Be Used Against You
I’ve heard a few of the defendants I have represented say “they didn’t read me my Miranda Rights!” Sometimes the police don’t read a suspect Miranda Rights because they have already gained enough information to arrest. When do police have to read … [Read more...]
The Most Common Nonimmigrant Visa — B1/B2 Visa
The most common nonimmigrant visa is the B1/B2 visa. Many people refer to it as the visitor for Business (B1) or tourist visa (B2). There is a distinct difference between the two. The business visitor may 1) conduct negotiations, 2) solicit sales or … [Read more...]
U Visa for Victims of Crimes
The U visa is designed for noncitizen crime victims who have suffered substantial physical or mental abuse flowing from criminal activity and who have cooperated with government officials investigating or prosecuting such criminal activity. To … [Read more...]