Text Messaging and GPS Devices Are Serious Driving Distractions

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

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. 

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!