Charleston, West Virginia carbon monoxide death

Secretly Enacted Federal Rules Seek to Hamper Nursing Home Residents' Claims

Fighting For Your Social Security Benefits -- The Classic David vs. Goliath Story

     If you have recently filed a claim for Social Security Disability or Supplemental Security Income benefits, you probably already know that your opponent is bigger, stronger, and wealthier than you are.  In fact, some have compared your opponent to the biblical character, Goliath.  Good thing for you, we all know how the story ends and we know how David defeated Goliath through sheer will, determination, persistence,  and patience.   Often, it is the intangibles that level the playing field between seemingly unequal opponents.  The lessons learned from this epic biblical battle still provide a roadmap for success and  perhaps even the inspiration that you will need to defeat your opponent, the Social Security Adminstration (SSA), in your battle to receive the Social Security benefits that you deserve!! 

     There are hundreds of thousands of people fighting the same battle that you're fighting against the Social Security Administration on a day-to-day basis.   Like you, they have become unable to work due to a physical or mental illness and lack the necessary income and medical assistance to survive without immediate help.  Without other options, like you, they have turned to the Social Security Administration seeking the benefits that they deserve.  The result?  They deny you, tell you that you aren't disabled and hope that you will go away, even though your own doctor says that you can't work. 

     Statistics show that 75% of all first time disability claims are denied and roughly half of those denied will not appeal that decision.   Essentially, SSA knows that most folks will simply go away and never appeal their cases if they are denied benefits in the first round.  Obviously, this drastically cuts the number of claims that they eventually have to process and pay.   The good news?    Those individuals who do appeal their claim, have more than a 50% chance of success after their claim is heard before and Administrative Law Judge.

     My advice to you?  Arm yourself with a tough, smart,competent attorney and KEEP ON FIGHTING!!

     The system is complicated and the paperwork is cumbersome.    In order to survive the system, you must undersand it!  In a nutshell, here are the steps:

1.     Initial Application -- Statistically speaking, this is the stage where SSA attempts to "weed you out" of the system.  Sevety-Five (75%) of all first time applicants' claims are denied at this level.   Much like an insurance claim, SSA is looking for any reason to deny your claim at this level and they usually do.  But, DO NOT GIVE UP!!  You have 60 days to appeal the decision, so use it!

2.  Reconisderation -- This is virtually  a "rubber stamp" of the initial application stage.  More than 80% of all applicant appeals are denied during this stage.  Usually, a quick review of the initial decision along with your SSA file is performed by an SSA employee during a process that often takes several months to complete.  SSA is very aware that after this stage, only 50% of all initial applicants will have the intestinal fortitude to perservere and appeal to the next level.  It is crucial that you remain patient and continue forward.....Your chances will improve in the next round.

3.  Request for Hearing -- If you stick around to this point, you have a 53% chance of success.  Here, an Administrative Law Judge will review your claim independent of any determination that has been made previously.  In other words, he's not bound by any determination that other have made in regard to you claim to this point.  However, you will need to understand critical disability regulations that may pertain to your condition, you will need to secure medical records that support your claim, you will also need to  provide lots of written correspondence to the Judge that has been assigned to your case, and clearly articulate a theory of disability to that Judge at your hearing if you're to succeed.

Sound like a lot?  It is a lot!  That's why you MUST RETAIN AN ATTORNEY who has years of social security experience.  As an experienced Social Security attorney,  I am paid on a contingency fee basis.  Either I win your case, or you do not pay me an attorney fee.  Federal law establishes the maximum  amount of fee that an attorney can receive in your case.  At the time of this writing, attorneys can receive either 25% of your backpay award, if you should win, OR $5,300.00, whichever is least.  In other words, the most that an attorney can be paid for successfully prosecuting your claim is $5,300.00.  You may also be responsible for incidental expenses involved in the prosecution of your case.

So, in short, you must be patient, persistent, perserverent and represented by competent legal counsel to improve your chances of success!!  Call the Law Firm of Mani Ellis & Layne in Charleston, West Virginia!  We'd love to hear from you!

Smoking Ban

In recent months, bar and resturant owners in Kanawha County, West Virginia, have been up in arms about the county-wide indoor smoking ban.  Their argument: the indoor smoking ban is keeping smoking patrons from utilizing their establishments becasue they cannot smoke indoors.   

While we feel sorry for the owners of these establishments, the simple fact of the matter is that smoking is a dangerous, deadly habit that disables people and result in the expenditure of BILLIONS of healthcare dollars per year.  These are dollars that are ultimately borne by you and me - honest taxpaying citizens.  These are also dollars that come out of already underfunded government programs like Medicare (healthcare for the elderly) and state Medicaid programs. 

What is more, the overwhelming weight of the evidence points to the fact that secondhand smoke is as dangerous to non-smokers as it is firsthand to the smoker; the smoker isn't just killing themselves, they are slowly killing those around them. 

Science has proven that smoking causes heart disease, COPD, emphysema, high blood pressure, vascular diseases, strokes and numerous other medical conditions which can lead to an otherwise healthy person becoming fully disabled.  These disabilities lead directly to productive members of society not being able to work or otherwise obtain gainful employment, increased healthcare costs and applications to government entitlement programs like social security.  

It is unfortunate that the smoking ban is affecting some businesses negatively and that it is inconvenient for smokers.  However, one must keep in mind that in the end, stamping out smoking will lead to healthier citizens, lower healthcare costs and in the end, lower taxes for everyone.

Kanawha City Nursing Home Resident Killed

The Charleston Gazette is reporting that an elderly Charleston man, George King, was killed this weekend when he was hit by a CSX train in the Kanawha City section of Charleston, West Virginia.  (click here for link to story).  While the untimely death of any individual is a tragedy, this situation is especially heartbreaking. 

Mr. King was a resident of Heartland of Charleston, a nursing home located in Kanawha City, Charleston, West Virginia.  Mr. King's family entrusted their loved-one to Heartland expecting that his well-being would be protected.  It certainly appears that Heartland did not live up to its obligations. 

From what the paper has reported, it appears that Mr. King "went missing" from Heartland some time on Saturday.  In the nursing home industry this is called an "elopement."  It is not uncommon for the elderly to become confused while in a nursing home and wander off.  It is the nursing home's absolute duty to safeguard their residents and make sure that the premises are secure and that confused residents cannot slip outside and into potential danger.  In this instance, it is clear that Mr. King walked out of Heartland and onto the railroad tracks which are less than 50 yards from the home. 

The article indicates that Heartland "intends to do an internal investigation" of the matter.  That is like the fox guarding the hen house.  Mr. King's family must demand a full scale investigation of the incident - starting with a call to the West Virginia DHHR's Office of Health Facility Licensure and Certification (OHFLAC) and then to a qualified lawyer. 

Mani Ellis & Layne is a law firm located in Charleston, West Virginia.  The lawyers of Mani Ellis & Layne have handled countless cases involving nursing home abuse and neglect throughout West Virginia.  For a free consultation concerning nursing home abuse and neglect call 888-720-1001 or 304-720-1000 or visit us at our website www.wvnursinghomeabuse.com. 

Power Rates to Go Up Again

Virtually all West Virginians will see an increase in their power bills in the coming months. 

The Public Service Commission (PSC) has approved yet another rate increase for American Electric Power's subsidiary companies Appalachian Power and Wheeling Power.  The power companies sought this rate increase to recoup monies they have expended on coal.  In recent months, the cost of coal has risen precipitously.  What does this mean for the average consumer?  A $7.33 average monthly bill increase.

Unfortunately, rising power costs are a sign of the times.  Each and every one of us has felt the pain of refueling our vehicles.  Gas now hovers at over $4.00 per gallon and will likely go up from there.  Now consumers are getting hit at their homes.

There are many complex reasons for the rising costs.  However, it can be boiled down to basic economics - increased demand for raw energy sources (coal, oil, etc) leads to rising overall energy costs.   

I don't pretend to be an expert on energy policy or how to fix this problem.  However, pure common sense dictates that the cost of energy will continue to rise and the only thing that we as consumers can do to combat this problem is to be more economical in our consumption of energy.  Like many things in life, the shift to conservation will be difficult and a long process but with a little commitment and even little changes (turn the AC from 70 to 72 in the Summer, etc) we can collectively make an impact.

WV Seeks to Lower Blood Alcohol Limit for Boaters

The West Virginia Division of Natural Resources will push to lower the legal blood alcohol limit for those operating boats in West Virginia from .10 to .08.  This would reconclie the law with the legal limit for operating a motor vehicle in West Virginia.  The proposed changes will be presented to the Legislature during the 2009 regular session. (For more information on this issue follow this link to an article in today's Charleston Daily Mail)

I think this is a good thing.  Every year, thousands of people are killed or seriously injured in drunk driving and drunk boating accidents.  Statistics show that 21% of all boating accidents are attributable to alcohol.  Hopefully, the proposed changes to the law will make the waterways of West Virginia safer for you and your families. 

Mani Ellis & Layne, PLLC, has handled numerous claims arising from boating / personal watercraft accidents in West Virginia.  If you or your family have beeen injured in a boating accident please call Mani Ellis & Layne, PLLC, to discuss your legal rights and whether you may have a claim for injuries. 

Fitness Program Aids Traumatic Brain Injury Patients

Sadly, more than 7,000 Americans suffer from traumatic brain injury.  The Centers for Disease Control and Prevention, tell us that a brain injury is caused by a blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain.  Symptoms of traumatic brain injury may manifest themselves both physically and mentally.  Specifically, traumatic brain injury symptoms may include:  dizziness, headache, confusion, seizures, personality change, vomiting, bad taste in your mouth, loss of concentration, and loss of coordination and numbness.  Too often, such injuries are acquired through accidents at work in labor driven occupations such as construction, coal mining, heavy equipment operation and blasting sites.   All too often, car and 18 wheeler accidents produce their share of traumatic brain injuries.  And, recent data suggests that there is a growing incidence of traumatic brain injury victims returning home from service in Iraq and Afghanistan.

I was heartened to read a recent article in the Charleston Gazette regarding recent advancements in the treatment of traumatic brain injury patients.  According to the article, San Francisco based company, Posit Science, has developed an in-home computerized  "Brain Fitness Training Program," with the assitance of medical professionals, that is designed to improve memory, listening skills and cognitive functioning for traumatic brain injury patients. 

Interestingly, the program is available free-of-charge through the Easter Seals Society.  The program lasts eight weeks, but as mentioned, can also be completed at home.  It is suggested that participants spend about an hour a day five days per week working with the program.  Early research suggests that the program has improved the memory of traumatic brain injury patients who have utilized the program.

I think it's fantastic that veterans groups, including West Virginia based Thanks! Plain and Simple, a nonprofit veterans advocacy group based in Cross Lanes, West Virginia, has taken the inititative to raise awareness regarding the issue of traumatic brain injury amongst veterans.  Too often, veterans, disabled workers, car accident and workplace injury victims are ashamed of the "negative stigma" and stereotypes that are created by others when someone speaks out or seeks assistance for their traumatic brain injury. 

Through my work as an attorney, whether that has been through assisting disabled West Virginians seeking Social Security benefits or through my work assisting traumatic brain injury victims to receive fair compensation for car accidents, truck accidents, motorcycle accidents, and workplace injuries, that were no fault of their own, I have personally witnessed the life altering effects of this horrific illness.  We at Mani Ellis & Layne, PLLC, applaud the efforts of the technology and medical community working to improve the daily lives of all those who suffer from traumatic brain injury.

Text Messaging and GPS Devices Are Serious Driving Distractions