MCV Law blogger

The 3 Biggest Mistakes People Make in Their Social Security Disability Cases

Posted by: MCV Law blogger In: Social Security, ssdi 03 Nov 2015 Comments: 0

1. They don’t file an appeal or don’t timely file an appeal. The process is long and confusing and people get discouraged when they get a denial. People that have good claims get denied, expect to get denied, but don’t place to much credit upon the denial, file your appeal. Sometimes people are told to file a new claim. This is a mistake. Your second application is not likely to fare any better than your first application. Do yourself a favor and hire an attorney who handles Social Security cases to help you with your appeal. You only have 60 days from the date of denial to file the appeal.

2. They don’t seek treatment for their conditions. There are a lot of reasons people do not go for medical treatment. Examples include: the cost; my doctor told me there is nothing more he/she can do for my condition; the treatment doesn’t help or makes my symptoms worse. This is a mistake. This process is about your credibility to some extent. A judge may not believe your condition is as bad as you say if you are not getting medical treatment. The people who get benefits are those who continue to treat, even if the treatment is not very effective, and can point to a medical record showing they are following their doctors’ treatment recommendations and what has worked or hasn’t worked for you.

3. They don’t have a good doctor’s opinion on their restrictions. I talk to people every day who want to focus solely on their diagnosis. The burden of proving you are disabled is on you. You need medical evidence from a physician in the form of a diagnosis, treatment records, diagnostic test results, hospital records and a statement from your doctor describing your functional limitations.

Kimberly Slimbaugh
Partner

Email: kslimbaugh@mcvlaw.com

Phone: 315-471-1664

Kimberly Slimbaugh has been practicing law since 1992 and is a current partner at Meggesto, Crossett & Valerino, LLP. In addition to the New York State Bar, she was admitted to the Massachusetts State Bar in 1992. She is a member of the National Association of Social Security Representatives and regularly attends its national conferences.

11th Annual Evening of Cuisine to benefit Charity for Children

Posted by: MCV Law blogger In: Community 04 Nov 2014 Comments: 0

Please join us at the 11th Annual Evening of Cuisine to benefit Charity for Children on November 10th, 6:00 PM at Drumlin’s Country Club.

Call us at 315-436-4822 for ticket info.

We hope to see you there!

Some brief tips and reminders for buying/selling your home by Christopher Stringham

Posted by: MCV Law blogger In: Real Estate 02 Oct 2014 Comments: 0

We are right in the beginning of home buying/selling season and for those of you who have bought/sold your home, you know it can be a hectic process with all of the paperwork, coordination, and confusion that can take place. Following are some tips and reminders that can help eliminate some of the confusion for those of you who will be buying or selling your home.

First, if you are planning on hiring your an attorney to assist you with your real estate transaction, it is always a good idea to have a conversation with him/her prior to signing the purchase contract. It is generally an unpleasant surprise for a signed purchase contract show up at your attorney’s office without having discussed it first. Discussing the transaction prior to signing the contract can streamline the process whether it be a buy or a sell. More importantly, there are very quick deadlines for attorney approval, usually 3 business days. If that time passes, then the contract is generally deemed approved and an attorney will have a difficult time amending any terms, if he/she is able to do so at all.

Another helpful tip to make the process go more smoothly if you are selling your home is to try and locate your abstract of title and survey. If you cannot easily locate it, then your attorney should be able to help you with this.

For home buyers, you will want to remember that a pre-approval is different than an actual mortgage commitment. Your pre-approval is something that you will want to have prior to looking for a home and enlisting the help of a real estate agent. The mortgage commitment is something that you get from your lender once you know what home you will be purchasing. It generally has a number of contingencies that must be completed before the lender will clear you to close.

In general, sellers must be moved out of their home on or before the date of closing. This means that all personal items are out of the home and the home is in “broom swept” condition. All hazardous materials must be out of the house as well, this generally includes old paint.

The seller will also want to make sure that they do a water/electrical meter reading before vacating the property. The buyer will want to be sure to change the utilities to their name on the day of closing.

The buyer will want to do a final walkthrough of their new home as close to the closing as possible, I usually recommend within 24 hours of the time of closing.

Hopefully these tips come in handy and help your buy/sell go as smoothly and stress-free as possible.

Christopher Stringham

Email: cstringham@mcvlaw.com

Phone: 315-471-1664

Christopher Stringham graduated from Western New England College School of Law in 2010 and was admitted to the New York State Bar as well as the United States District Court, Northern District of New York in 2011. He is a member of the New York State Bar Association, Onondaga County Bar Association, and the Injured Workers’ Bar Association of New York. He has been a member of Meggesto, Crossett & Valerino, LLP since October 2010.

Most Health Clubs Must have a Defibrillator on the Premises: Heather La Dieu

Posted by: MCV Law blogger In: General 18 Sep 2014 Comments: 0

Health clubs with 500 or more members must have an Automated External Defibrillator

(“AED”) on the premises pursuant to the General Business Law and the Public Health Law. An

AED is a portable medical device for delivery of an electroshock to restart normal heart rhythm.

In addition, health clubs with 500 or more members must have at least one individual

with training in AEDs and CPR on the premises during business hours. It should be noted that

any individual who uses the AED will have limited liability through what is commonly known as

the Good Samaritan Law. The Good Samaritan Law provides that any person who voluntarily,

and without the expectation of compensation, renders aid will not be liable for damages unless

the injuries were caused by gross negligence.

Unbelievably, the Courts are currently divided as to whether the person trained to use

the AED has an affirmative duty to actually use the life saving device on a person having a heart

attack. Certainly, the law was meant to ensure a higher level of safety for people who belong to

health clubs. It is undisputed that the likelihood of cardiac arrest increases in health clubs where

people engage in physical exertion and that there is a decrease in fatality rate with the immediate

use of an AED and CPR. However, the presence of an AED will be of no benefit unless it is

actually used.

Heather La Dieu

Email: hladieu@mcvlaw.com

Phone: 315-471-1664

Heather R. La Dieu has been an associate in Meggesto, Crossett & Valerino, LLP’s Litigation Department since 2001. Ms. La Dieu focuses her practice primarily in personal injury cases involving motor vehicle accidents, premises liability, construction accidents, municipal liability, wrongful death and products liability. Ms. La Dieu also practices in the area of insurance law, contract law and criminal defense.

Ms. La Dieu is a graduate of Syracuse University where she earned her B.S. in Chemical Engineering and received her J.D. at Syracuse University College of Law.

Ms. La Dieu is admitted to the New York State Bar, the U.S. District Court for the Northern District and the Supreme Court of the United States of America. Ms. La Dieu is a member of the Onondaga County Bar Association, New York Bar Association and Central New York State Women’s Bar Association. Ms. La Dieu also has arbitrated for the Syracuse City Court Arbitration Program.

Problems at Closing: Chris Stringham

Posted by: MCV Law blogger In: Real Estate 05 Sep 2014 Comments: 0

Problems at Closing

The closing is scheduled. Finally, there is a light at the end of the tunnel. If you are selling your home then this means that you are likely in the process of packing up all of your junk belongings that have accumulated over the years. If you are buying a home then you have survived jumping through all of the hoops to ensure you have the funds present on the big day.

By the time the closing day arrives then any issues regarding the home or title of the home should have been addressed long ago so that the only thing left to do is sign your life away if you are the buyer or collect your proceeds if you are the selling party. Most closings do indeed function this way. However, very often an issue arises that needs to be addressed at the actual closing.

Generally, the problems that arise at the closing involve issues with the actual house (i.e. broken window, lawn not mowed, rug stain, etc.). These problems are things that arose after or were not addressed by the home inspection and are usually found at the time of the final walkthrough. On a side note, buyers should always schedule their final walkthrough as close to the actual closing as possible to avoid any surprises.

Any issues that are discovered after the home inspection should be disclosed to your attorney immediately. The last thing that any of the parties involved in the transaction want is to be surprised by issues at the closing. The more time in advance the issues are known and disclosed to all parties, the more time there is to come up with a solution that all the parties can agree to.

A common solution to deal with a problem at closing may be for the buyer to hold back a portion of the proceeds in escrow until the problem is resolved. For instance, if an electrical problem is disclosed by the seller at the final walk through, it may be reasonable for the buyer to hold back some money until it is determined exactly what the electrical problem is and get an estimate for how much it will cost to fix the problem.

Many, many issues can arise near closing, the most important thing that you can do, especially as a buyer, is alert your attorney as soon as the issue is known so that it can be addressed immediately. Once the buyer signs the papers, fixing the problem can become exponentially both time consuming and expensive

Christopher Stringham

Email: cstringham@mcvlaw.com

Phone: 315-471-1664

What should I do if I have been in a motor vehicle accident and I have suffered an injury? : Heather La Dieu

Posted by: MCV Law blogger In: Traffic 13 Aug 2014 Comments: 0

What should I do if I have been in a motor vehicle accident and I have suffered an injury?

You must notify your insurance company that you have been in an accident as soon as possible. Personal injury protection, also known as No-Fault, is mandatory on every insured vehicle in New York State. No-Fault provides you with lost wage and medical payments, with certain limitations, up to $50,000 regardless of who is at fault for the accident. More coverage may be available if you purchased additional No-Fault coverage beyond the statutory minimum of $50,000.

A No-Fault application will be sent to you after you notify your insurance company of the motor vehicle accident. It is important to note that most insurance companies generally require you to fill out a no-fault application within 30 days from the date of the accident or the insurance company may deny coverage. If you do not have the application within 30 days, it is recommended that you write to your insurance company regarding the details of the accident and submit a copy of the police accident report.

If you were a passenger in another person’s vehicle, you apply for No-Fault benefits from the insurer of the auto in which you were riding. Also, your No-Fault benefits would come from the vehicle that struck you if you were a pedestrian or bicyclist. If you do not know the name of the insurance company, obtain a copy of the police report, and the insurance code on the report will give you the proper name.

It is important to remember that No-Fault does not reimburse you for pain and suffering or any permanent disability as a result of your motor vehicle accident. In order to make a claim against another driver for damages beyond No-Fault, you will need to prove that you have met the serious injury threshold. If you believe that you are entitled to damages beyond No-Fault, it is strongly recommended that you consult with an attorney.

Heather La Dieu

Email: hladieu@mcvlaw.com

Phone: 315-471-1664

Ms. La Dieu is a graduate of Syracuse University where she earned her B.S. in Chemical Engineering and received her J.D. at Syracuse University College of Law.

New York Workers Compensation…it is more than forms: Family of C-4’s: William W. Crossett

Posted by: MCV Law blogger In: Workers Compensation 18 Jul 2014 Comments: 0

While the New York Workers Compensation Law requires prompt medical treatment, injured workers often find their medical treatment anything but prompt. In the last few years the New York Workers Compensation Board implemented rules and regulations supposedly aimed at improving the process, however these rules have only made the process more difficult.

In the greater Syracuse area, where Meggesto, Crossett & Valerino, LLP concentrates its practice, most family practice doctors have declined to treat injured workers, even if they are long standing patients. The doctors primarily complain of cumbersome reporting requirements, insufficient payment, and the lack of respect given to doctors within the Workers’ Compensation system.

Despite the difficulty in obtaining treatment, injured workers are still required to provide medical evidence of their injury, including the treatment they require, their degree of disability, and their doctors’ recommendations. Traditionally, the Workers’ Compensation Board required medical providers to report injuries on a form know as a C-4. The medical provider was supposed to file this form with the Workers’ Compensation Board within 48 hours of treatment and then follow-up with another C-4 after the next visit. Generally, reports were required to be filed every 30-45 days thereafter.

However, the Workers Compensation Board recently updated the forms they require of doctors to a “family of C-4’s.” Now, not only are doctors still required to file the initial C-4, but they are now required to file a C-4.2 for each visit until permanency. At permanency, doctors are required to report their findings on a form called the C-4.3. And the forms went from one page to four pages!

In addition to requiring more forms, the Workers’ Compensation Board issued new Medical Treatment Guidelines in 2010, which set forth requirements for doctors to follow when treating injured workers. Of course, the guidelines require doctors to file certain forms before performing particular types of treatment. And, if a certain treatment falls outside the guidelines, the doctor is required to file a Variance in order to obtain authorization for such treatment.

At Meggesto Crossett and Valerino, LLP we understand the problems injured workers have finding medical treatment, obtaining permission and fighting variance denials. Our staff and attorneys understand the forms and the guidelines, and know what it takes to get a Variance granted. We also recommend that you discuss your medical needs with an attorney and be sure you have a strategy that will allow you to get the medical treatment you need to recover.

William W. Crossett, IV
Partner

Email: crossett@mcvlaw.com

Phone: 315-471-1664

Mr. Crossett concentrates his practice in the representation of Injured Workers. Since 1982, he has regularly appeared before the Workers’ Compensation Board and the Courts of New York. As an advocate for the Injured Worker, he has testified before the New York State Senate and has presented many Continuing Legal Education programs. Presently, Mr. Crossett serves as President of the Injured Workers Bar Association of New York and is an active member of Workers Compensation Law Division of the New York State Bar Association. Read more In 2012, he was inducted as a fellow in the College of Workers Compensation Lawyers. Mr. Crossett practices throughout Central New York with an office in Syracuse.

How can I protect myself if I cooperate with the government in exchange for leniency? Heather La Dieu Answers

Posted by: MCV Law blogger In: General 27 Jun 2014 Comments: 0

Federal prosecutors will typically require an individual to make a “proffer” of any information he or she will provide in exchange for leniency. Any statements made during plea negotiations with the government are generally inadmissible under Federal Rules of Evidence 4101 and Federal Rules of Criminal Procedure 11(f)2.

However, the reality is that any statements offered to the government are usually governed by a proffer agreement and typically are not complete immunity agreements. Most proffer agreements contain language that will allow the government to impeach you with your statement if your subsequent testimony is inconsistent with your proffered statement. Moreover, the government can use the information you gave to conduct further investigations and the information obtained as a result of those investigations may be used against you in other charges.

Therefore, due to the limited protection available, great consideration should be given prior to speaking with prosecutors. It is highly recommended that you consult with a lawyer prior to making any statements to the government.

Heather La Dieu

Email: hladieu@mcvlaw.com

Phone: 315-471-1664

Ms. La Dieu is a graduate of Syracuse University where she earned her B.S. in Chemical Engineering and received her J.D. at Syracuse University College of Law.

When is my closing?! : Christopher Stringham

Posted by: MCV Law blogger In: Real Estate 11 Jun 2014 Comments: 0

When a new real estate purchase contract shows up on my desk I review it for approval and take note of some important dates that are found in the contract. These include when the contract needs to be approved by, when the home inspection and any other tests need to be completed by, when the buyer needs his/her/their mortgage commitment letter by, and finally, when the all-important closing is supposed to take place.

Generally, depending on any number of circumstances (type of financing, other contingencies, etc.) the closing date gets set a month or a month and a half after the contract date. In my experience all the parties involved in the transaction (buyers, sellers, realtors, attorneys) try their best to get everything set to close as close to the contract date as possible. However, inevitably some unforeseen circumstance or problem arises that makes scheduling the closing for the contract date impossible.

What most people do not realize is that most residential real estate contracts call for a closing “on or about” a certain date. This means that the closing does not have to be scheduled on the exact closing date found in the contract. Rather, it gives a time frame that usually means 10-15 days on either side of the date listed. This is done so that if a problem arises or if the buyers have not been cleared to close by their lender, then all of the parties have some flexibility. The other type of closing date that can be set is called a “time of the essence” clause. This means that the closing must take place on or before the specific date set in the contract. These types of clauses are not generally found in residential real estate contracts as the default contract is “on or about.”

Here are a few helpful reminders when entering into a real estate transaction and setting a closing date:

Don’t schedule the movers too far in advance

Don’t schedule a vacation too close to the closing date

Be flexible

When buying or selling a home, you need to have a little flexibility when it comes to scheduling the closing. Remember, everyone is generally trying to reach the same goal in a real estate transaction, but issues arise and the closing date may need to be moved. If you factor in a little flexibility then everything should go a lot smoother.

Christopher Stringham

Email: cstringham@mcvlaw.com

Phone: 315-471-1664

The 3 Biggest Mistakes People Make in Their Social Security Disability Cases

11th Annual Evening of Cuisine to benefit Charity for Children

Some brief tips and reminders for buying/selling your home by Christopher Stringham

Most Health Clubs Must have a Defibrillator on the Premises: Heather La Dieu

Problems at Closing: Chris Stringham

What should I do if I have been in a motor vehicle accident and I have suffered an injury? : Heather La Dieu

Will my receiving a pension affect my Social Security early retirement benefits? Kimberly Slimbaugh Answers

New York Workers Compensation…it is more than forms: Family of C-4’s: William W. Crossett

How can I protect myself if I cooperate with the government in exchange for leniency? Heather La Dieu Answers

When is my closing?! : Christopher Stringham