Disability benefit claims surging

This Associated Press article outlined some signs of the times. "The agency denies nearly two-thirds of initial claims, but claimants disputing a decision can appeal to an administrative law judge. That process is so cumbersome, nearly 750,000 people are waiting for a hearing. Some wait years to resolve their claim, but about 61 percent of those who appeal are ultimately approved for benefits."

The key to success, ultimately, is the determination of the claimant and the competence of their representative. The problem, one of the problems, is that it takes a long time, even with an attorney pushing to make things happen.

Texting Increases Risk Of Auto Accidents

This seems like an overly obvious statement. We have a client who was rear-ended by a teenager texting as she came up to a red light. In a case like this, liability should be clear where there is evidence that the negligent party was texting or for that matter doing anything that may have contributed to the accident. A good attorney will be able to identify causes that will most effectively attach liability on the other party. A good insurance company, though, will know how to protect their interests as well, so sign nothing or make no agreements until you've spoken to an attorney.

Many vets file claims against VA

This DNJ article describes a coming flood of litigation for the VA. The plaintiff's attorney will need to show causation and establish clear proof of liability and damages.
"The VA has said for months that there is no way to prove that the positive tests for infectious diseases stem from exposure to improperly cleaned or erroneously rigged equipment while getting colonoscopies at Murfreesboro or Miami or while getting treatment at the ear, nose and throat clinic in Augusta."

Social Security Disability claims for mental disorders

This is an area that does not get enough attention but effects many people. This article outlines some of the elements and problems with such a claim.

Designated shooters

This New York Times commentary pokes some fun at our recently enacted law concerning expanding gun owners right to carry concealed weapons into bars and restaurants. This line stands out: "states acted last week to make it easier for armed gun owners to hang out with drunk people". I think the problem is that illegal gun carriers have always been, and remain, able to carry their weapons anywhere they like.

Child Custody: Who wins?

There has been much talk lately about Michael Jackson's children and who will ultimately get custody of the two children. This Los Angeles Times article has some good explanations of the process.

The correct answer of "who wins" should be the children. The best interests of the children is the term that controls any discussion of child custody. As UCLA professor Altman correctly states, when one parent dies, generally, the other parent gets custody as the natural parents have constitutionally protected superior rights.

We have received many calls recently about child custody matters and currently are working on several cases. This can be an emotionally charged environment and a good attorney should be able to calmly work with his client through the process, while always keeping the best interests of the child in the forefront of our litigation.

Is bankruptcy the right choice?

This very question has come up frequently over the past few months and the answer or solution always lies in the particular facts unique to every individual. About half of the the people who have called or made an appointment to talk with me, I have advised them to try some other things first. Some people, though, are eligible for bankruptcy relief and look forward to the clean start that this constitutionally mandated relief can provide. This article outlines some of the elements to consider, and a consultation with an attorney can also produce some welcome insight during tough times.

What to expect at a Social Security disability hearing

Many people know that applying for social security benefits is no guarantee of receiving benefits. Frequently, the first application is denied and this begins the appeals process. It is during the appeals process that we most often come into the case. This article describes the third stage in the process, the hearing.

Attorney: Pair were defending home

A good article about a police error and citizens who were charged nonetheless.

Man jailed for child support, even though he was not the father, released

We have been doing a lot of child support / child custody work lately and here is an interesting story from Atlanta. This also ties back to my post about how I can defend someone who is "guilty". He may technically be guilty of contempt, but justice sometimes exists outside the bounds of technicality.

Happy client at Tennessee Gun Owners

Here is a great quote from a client who posted at Tennessee Gun Owners.

More than 600 arrests

Perhaps the single most frequent question I have had since becoming an attorney who does some criminal defense work has been "How can you defend someone who is guilty?" The question itself is misleading, as in our society, everyone is presumed innocent until proven guilty. Just because someone is accused does not make them guilty of anything, or if they have done something illegal, their guilt may not be for what they were accused. I zealously defend my clients and seek for them a fair procedure, be it a trial, sentence or plea agreement. This article from the Daily News Journal outlines some of the apprehensions and hasty generalizations involved with criminal defense work.

Breach of contract attacked in Smyrna

This Murfreesboro Daily News Journal article describes a breach of contract by a local fitness center and what members have done to respond.

The elemental components of any contract are offer, acceptance and consideration. Here, what the fitness center offered and what was accepted by members, and the bargained for consideration exchanged, turned out to be less than what was understood. The Knoxville based fitness center assigned it's memberships to another center, a seemingly legitimate move, but members see this as a breach because it is not what they bargained for and not the same value for the money they are contractually obligate to pay.

We see breaches of contract most frequently in a landlord-tenant setting and these transactions are strictly regulated by Tennessee statute. However, a breach can occur in many ways, as this article demonstrates.

Tennessee's new gun law is a non-issue for restaurant owners

Looks like on the surface at least this new law protects rights on two sides of the argument. This article from Philadelphia points out how liberty rights are protected as well as property rights.

Johnny Depp gun story has a hole in it

Since 1934, civilians cannot own automatic weapons without extensive regulation encompassed by the National Firearms Act. Actor Johnny Depp, talking about his recent portrayal of gangster John Dillinger, made some comments about firing a Thompson Machine gun and this story was questioned by the LA Times.

Citizens can own automatic weapons after receiving a letter from the Chief Law Enforcement Officer of the jurisdiction in which they reside and then after an accepted application to the BATFE. Once this process goes through that individual can possess the weapon.

Another way to possess the weapon is with an NFA gun trust and we can do those. This is actually an estate planning tool that may allow more than one individual to possess the weapon and also establishes provisions for the item to pass to others.

Jackson family battles over estate

Here is an article from MTV news about Michael Jackson's estate. Whether the estate is millions of dollars or hundreds, some things remain the same. We have done several probate matters and a will always makes things easier and more organized for the family, but does not guarantee a trouble free experience. When a family is diverse and members have not spoken in years, coming together to divide an estate can still be a difficult time.

Happy Fourth of July

However you celebrate, have a great day!

Passing a drug test

This subject comes up frequently in court. Recently, I have seen people outsmart themselves by attempting to "mask" or evade the results of a test by illegitimate means. I Googled "Passing a drug test" and was amazed by the plethora of results. The problem is that often a test does not stand alone, and drug use may be corroborated by witnesses or established by other means, and so "passing" the test may only serve to diminish one's credibility in court.

The best advice I can give is to not take illegal drugs. If you have, stop using long before you come to court.

Grandparents and child custody

Over the past few months I have been involved in several of these cases. As with any case involving children's custody, the best interest of the child controls and is the central issue. While parents have a constitutionally protected superior right to raise their child, that right is not absolute. If there is proven drug use in the parent's home or clear evidence of abuse or negligence, those elements may rise to the level of dependency and neglect and then the parents' rights may be overcome by what is best for the safety and well being of the child. If staying in the parent's home produces a risk of immediate and irreparable harm to the child, the court may act to protect the child.

Murfreesboro 12th in nation in growth

More evidence from the Daily News Journal that the Boro is a growing concern. Good times!