Long Term Disability Benefits

Jun 10, 2017 by

Any illness or injury that leads to long term disability will always have a major effect on the financial lives of individuals and struggling families. This is why it is very important that a person should continue to receive some financial earnings despite his/her incapability to report to work.

This financial earning can be provided by a long term disability (LTD) insurance policy, usually a part of the comprehensive employee benefits package an employer gives his/her employees. A long term disability insurance policy is meant to protect an employee from losing the wages that he/she would normally earn if he/she were not injured, did not become ill or get involved in an accident that renders him/her disabled for a long period.

The financial benefits provided by the long term disability insurance starts after the short term disability insurance benefits have ended, usually between three to six months of inability to report to work. The LTD insurance pays the employee a percentage of his/her salary, typically about 50% – 70%. Often, this percentage is not enough to meet a disabled employee’s needs, (LTD benefits are subjected to taxes). Thus, for additional income, some personally purchase supplemental long term disability insurance, which is usually non-taxable.

Long term disability policies are generally designed to last up to 10 years or until the disabled employee turns 65. Often, however, despite the obvious disability and timely payment of premiums, many LTD insurance firms make it difficult for claimants to enjoy the financial benefits specified in his/her policy. This is because though long-term disability insurance is supposed to help take care of a disabled policy holder who cannot go back to work for weeks, months, or even years, many insurance companies, according to Fields Disability, are out to protect their profits, not their policy holders’ best interests. Long-term disability benefits applications are often denied and many people give up because of the strict guidelines applicants must follow. As this is often the case, it may be wise to seek assistance from a skilled long-term disability attorney who knows how the system works and who we can help make sure that an application is accurate, complete, and submitted on time.

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Probable Cause in DWI Cases

Apr 29, 2017 by

One of the essential components in a DWI study is probable cause. That is a protocol that law enforcers have to follow when detaining an individual for DUI (DWI) which includes probable-cause. The Law Offices of Richard A Portale, P.C. says on its website that probable cause is the practical perception that a crime had been in the act of being perpetrated. It’s different from sensible suspicion, which is enough to justify the original stop but maybe not enough for DWI charges unless there’s evidence the driver may be drunk, for example, the odor of alcoholic beverage or an open can of beer on the dash.

It is a key differentiation from a defense standpoint. A law enforcer could be distrustful of unusual driving behavior, and may then draw the car over. However, that’s not probable cause. A traffic infraction may be committed by a driver for reasons other than DUI. The driver may have been distracted which caused the vehicle to drift across lanes, or might have already been in a hurry which would account for tailgating or racing. In Texas, officers who have probable cause to search an automobile or to draw blood for screening without a warrant under specific circumstances are allowed by DUI laws, and the arrest may stand. This is mostly true throughout what’s known as a “no refusal” period, where anyone who will not submit a blood test may be arrested.

Nevertheless, arresting a driver for DWI without probable-cause may function as the foundation for having the case terminated and any subsequent evidence obtained suppressed including breathing tests or blood.

It is important to contact a DWI attorney in the region instantaneously when detained for DWI when there is absolutely no probable cause. It may imply the difference between a judgment of dismissal and certainty. It’s vital that you just beat in making sure your protection is solid as the punishments for a DWI conviction are unbelievably severe. It might be beyond a shame to end up jailed for a crime you didn’t perpetrate – a beer you didn’t consume.

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Applying for an EB-5 Visa is more Advantageous for Wealthy Foreign Nationals than Applying under Any Other Type of EB Visa

Mar 10, 2017 by

As stated by one citizen from the former Soviet Union who has migrated to the United States, wealthy Russians increasingly see the U.S. as a safe investment environment where they can protect their wealth and a place where their family can reside safely and peacefully, due to Russia’s sputtering economy and the re-election of President Vladimir Putin, who is surrounded by his favored business people. For Russians who are less wealthy, applying for a U.S. visa as skilled professionals will enable them to earn more money and save their nation’s economic collapse, disastrous state of public health care, absence of housing and poverty.

Though Western Europe is the first stop for those exiting Russia, most prospective Russian immigrants have the United States as their country of choice, being attracted to the U.S., like the rest of the world, due to the American dream of prosperity and individual dignity.

There are different visa programs or categories that Russians and other foreign nationals, who want to obtain an immigrant visa to live permanently in the United States, can apply to:

  • Employment-based 1A Visa, also called EB-1 visa or Employment-Based Immigration: First Preference – this program is for those with extraordinary ability in the science, arts, education, business or athletics, or Outstanding Researchers or Professors;
  • Employment-based 2 Visa, also called EB-2 visa or Employment-Based Immigration: Second Preference – for professionals holding an advanced degree or aliens of exceptional ability (this visa category is also appropriate for foreign nationals with exceptional ability in the sciences, business, or arts, who will substantially benefit the U.S. economy, cultural or educational interests, or the nation’s (compared to EB-1, a visa under this category may be approved only if an applicant has a job offer and a labor certification from the U.S. Department of Labor);
  • Employment-based 3A Visa, also called EB-3 or Employment-Based Immigration: Third Preference EB-3 visa – for foreign nationals ranked as professionals, skilled workers or unskilled workers;
  • Employment-based 4 Visa, also called EB-4 or Employment-Based Immigration: Fourth Preference EB-3 visa – for foreign nationals considered as special immigrants, like religious workers or special immigrant juveniles (foreign children who have been abused, abandoned, or neglected). The following are also considered as special immigrants; broadcasters, G-4 international organization or NATO-6 employees and their family members, international employees of the U.S. Government abroad, armed forces members, Panama Canal Zone employees, certain physicians, Afghan and Iraqi Translators, and Afghan and Iraqi nationals who have provided faith service in support of U.S. operations; or,
  • Immigrant Investor Program, also known as EB-5 visa. This was created by the U.S. Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign national investors through the creation a new commercial enterprise or investing in a troubled business.

In 2014, there were 265,086 Russian applications for the U.S. green-card, the highest ever. This resulted to 245,638 Russians being granted visas that allowed them to work or study temporarily in the U.S. In addition to this, there were 3,622 Russians who were allowed to settle permanently in the U.S., including 56 who were granted EB-5 visas after making a $500,000 investment for a job-creating business.

The EB-5 visa is an investment visa. To qualify for a green card, a foreign investor is required to invest from 500,000 to $1,000,000 into a U.S. business that would preserve or create at least 10 full-time U.S. jobs. This may be done either through Direct Investment or by investing in a Regional Center.

In direct investment, a foreign national must invest a minimum of $1,000,000 for the creation of a new enterprise, purchase an existing business, or reorganization of a former business into a new entity.

Investing in a EB-5 Regional Center, meanwhile, requires a $500,000 investment. This is to finance an existing business in a Targeted Employment Area, an area identified by the U.S. Citizenship and Immigration Services (USCIS) where employment rate is very low.

Russians capable of making the required amount of investment would be advised by Russian business immigration attorneys to make the investment due to the numerous benefits that set the EB-5 visa apart from other visa options, such as:

  • No language, age, professional experience, or education requirements;
  • No need for direct family members in the United States;
  • No residency requirements in the U.S.;
  • No workplace requirements in the U.S.; and
  • For individuals investing in Regional Center projects, no daily management / running of a business.”

Like all the other visa programs, however, applicants for the EB-5 may also be rejected or despite having made the investment, may not succeed in obtaining permanent residency in the U.S.; thus, it will be really wise for prospective investors to seek guidance from a seasoned business immigration attorney.

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What Are The Common Accident Causing Truck Defects?

Oct 7, 2016 by

Truck accidents are quite common in the United States. Trucks play a vital role in economy transporting goods from one state to the other. Aside from negligence or driver error, another common culprit in truck accidents are product defects. In these kinds of accidents, the liable party is the manufacturer as they failed in showing reasonable care. According to the website of Pohl & Berk, LLP, truck accidents can have devastating consequences.

Defective truck components can put at risk not only the driver but also the other driver and their passengers. When this happens, the driver can lodge a product liability case against the manufacturer and other parties. Truck accidents from defective products may include the following:

Tire Blowout

Delivering goods and services almost every day can take its toll on the tires. When the tire blows out, the driver can lose control of the steering wheel and start to become wobbly and crash. It may collect other vehicles and the unfortunate pedestrian. The end result is most of the time fatal.

Fuel Systems

Defective or damaged fuel system can result to burns and other injuries. There are also defects that are not burn-causing but still they can result to injuries.

Safety or Crash Bar

Also called underride guard, safety bars are attached to the rear end of a trailer in order to prevent a passenger vehicle from going underneath the back of the trailer in case of a collision. Recent tests conducted by the Insurance Institute for Highway Safety revealed the ineffectiveness of federally regulated underride guards. To prevent serious accidents from happening, the NHTSA requires manufacturers to raise the standards of their underguards.

Trucks often share the road with other vehicles. It is therefore important for trucks to be regularly maintained and checked to ensure its road worthiness.

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Medical Costs Associated With Car Accidents

Jun 28, 2016 by

There are many expenses that are associated with car accidents. Although nothing can replace the life of a person, hospital bills can prove to be expensive especially if you do not have any health insurance. According to the website of Madison, WI car accident attorneys, medical expenses can pile up which makes having car insurance all the more important. The average cost of related medical care is dependent to each situation.

The highest price we pay in a car accident is the loss of human lives. According to the National Highway Safety Administration (NHTSA), car accidents cost the United States nearly $1 trillion in 2010 as a result of lost wages and death. The bulk of payment falls on the shoulders of the insurance carriers which pays approximately 50% of all motor vehicle accident expenses. A study conducted by Insurance Information Association revealed that the average claim for bodily injury was $15,443.

So what are the common medical expenses that you can incur after involvement in a car accident? The expenses may include ambulance, emergency department visits, diagnostic tests, medications, specialists, and others.

In addition, there are some insurance companies that offer personal injury protection (PIP) to shoulder any medical expense associated with the accident. However, not all policies will include PIP and if included, it may not be enough to pay for all your medical bills.

For severe injuries, the NHTSA reports that the mean medical expense after the accident is $503,638. A spinal cord injury, for example, could range between $992,867 from 2008 and 2010. Mild or severe traumatic brain injury could cost around $3,977 and $408,684, respectively.

Given the staggering medical expenses that you can incur after an accident, not having car insurance can put you in a deep financial hole. The cost can only get higher if you were deemed at-fault and the other driver was severely injured.

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