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MCV Law Supports Charity for Children : William W. Crossett

Posted by: MCV Law blogger In: Community 14 Nov 2013 Comments: 0

This past Monday, November 11^th 2013, was Veteran’s Day. Not only did our firm salute our clients, co-workers, family and friends who have served our Nation, we also used the evening to attend the annual Charity for Children Event, “Evening of Cuisine”.

The Charity for Children is a local charity that helps families of children with serious illnesses. Charity for Children often helps with those indirect expenses that so many families struggle with. Additionally, the First Duds Program provides needy newborns with a set of new clothing.

Meggesto, Crossett & Valerino, LLP, is pleased to have supported the Efforts of the Charity for Children Organization for the last 9 years. Indeed, we are often referred by the Charity as their partner, and serve as the Premiere Sponsor of the evening. In my capacity as the spokesperson for the Premiere Sponsor, I made the following remarks to those gathered for the event.

Good evening, I am William Crossett. On behalf of the Charity for Children and the Law Firm of Meggesto, Crossett & Valerino, LLP, I welcome you to tonight’s event. I trust you have enjoyed the food, the shopping, and the chance to help those whose needs often fall thru the cracks.

We all know that, at the toughest of times, it is the littlest things that get us through. That is how we at MCV Law think of the Charity for Children: As a provider of the little things.

None of us can cure disease, and none of us alone can afford to pay a family’s living expenses while treatment is being had far from home, but each of us can, and often do, lend a helping hand to a person or family when we know there is a need to fill. Even today, in the sometimes too-connected world, the needs of the less fortunate often escape our notice. The Charity for Children works to connect those in need to those willing to help; the Charity lets us make those connections, helping to multiply our efforts in ways we could not dream of.

Nina, and those who work with her, take our modest donations, bundle them up, and make someone’s day brighter. Whether it is transportation money, living expenses, or simply a new set of baby clothes, someone’s day is made better – often in ways that anyone one of us would struggle to do on our own, without the help of groups like Charity for Children.

The recipients, as grateful as they are, cannot hope to thank all those who make the gifts possible. Tonight, I take the liberty of speaking on behalf of the recipients. I want to thank each and every one of you who take Nina’s calls; I want to thank each and every board member who spends hours planning events over pizza and wings in our conference room. These are the things that make the Charity’s work possible. Most importantly, on behalf of those who have benefited from the Charity’s works, I thank each and every one of you for your contributions – direct and indirect – and pray that you will continue your good deeds as long as there are children in need of your consideration and kindness.

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 Worker’s Compensation Affects My Social Security Disability Benefits – by Kimberly Slimbaugh

Posted by: MCV Law blogger In: Social Security 08 Nov 2013 Comments: 0

If you are receiving Worker’s Compensation benefits and file for Social Security disability benefits, you may not be able to collect the maximum amount of Social Security benefits. Between Worker’s Compensation and Social Security Disability, you may only receive up to 80% of your average current earnings (ACE) in total. If the total of your Worker’s Compensation and Social Security Disability benefits exceed 80% of your average current earnings, your Social Security Disability benefit will be offset or reduced.

Take this example:

First figure out your average current earnings:

Your average current earnings is calculated either by averaging your highest consecutive 5 years of earnings or by taking the highest year of earnings in the last 5 years prior to your disability.

If your highest year of earnings in the five years before you became disabled was $40,000, then divide this number by 12 to get your monthly earnings of $3333.33.

Then multiply this number by 80 % (3333.33 X .80) to arrive at your average current earnings of $2666.66.

How much is your monthly Workers Compensation benefit?

Take the amount of your weekly Workers Compensation benefit and multiply by 52, then divide this number by 12, to get your monthly workers compensation benefit.

For example: Say you receive $400 per week in worker’s compensation.

Multiply this number by 52 ($400 X52) to get your yearly benefit of $20,800

Now divide this number by 12 to get your monthly Compensation benefit or $1733.33.

Now subtract your monthly compensation benefit from your ACE: $2666.66-$1733.33= $933.33. This number ($933.33) represents the highest amount of Social Security Disability benefits you could receive (using this example).

Remember that every case is different. It is very important to report all changes, in writing, in your Worker’s Compensation benefits to Social Security. It is also important to keep proof that you submitted the information to Social Security. You will also need to follow-up with Social Security to make sure they adjust your benefits as needed.

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.

State of New York Commission on Quality Care and Advocacy for Persons with Disabilities, Surrogate Decision-Making Committee Panel.

The Patient Protection and Affordable Care Act (ACA) – by William W. Crossett

Posted by: MCV Law blogger In: Workers Compensation 01 Nov 2013 Comments: 0

With enrollment now open, I have been asked why the New York State site https://nystateofhealth.ny.gov/ requests information about Workers’ Compensation claims.

While the ACA is new law, the principle that Workers’ Compensation is the primary payer is not.

What this means is that the compensation carrier has the responsibility for paying medical related to your Workers’ Compensation case. Thus, no other payer, including your private insurance, is required to pay those costs.

It is my opinion that this principle will continue to control, despite the thought that compensation claims will be treated as “preexisting” conditions. Now, it is unknown what will happen if the compensation carrier is relieved of liability for medical treatment. I suspect, however, that it will depend on how the compensation case is ultimately resolved.

Presently, when both the Medical and Indemnity (lost wages) portions of a compensation case are settled under Section 32 of the Workers’ Compensation Law, provisions are made to allocate a portion of the overall settlement as money for future medical care. In cases where the Injured Worker is receiving Medicare, approval of a Medicare Set Aside (MSA) is typically obtained. The idea is that the Injured Worker uses the MSA to pay for future medical cost. If the MSA sum is exhausted, Medicare then steps in and pays pursuant to Medicare’s rules. I believe that, as time marches forward, a similar situation will take hold under the ACA.

It is also my opinion that the question relating to Workers’ Compensation coverage under the ACA may relate to more than one issue. That is, if you already have a source of payment for a particular injury, the carrier under the ACA will not have to pay for that condition, thereby eliminating the premium for such coverage. However, if the Workers’ Compensation case was resolved in some other manner, it is likely the premium will be calculated depending on the resolution. I suspect that there may be other actuarial reasons as well.

William W. Crossett IV
Partner

Email: crossett@mcvlaw.com

Phone: 315-471-1664

What documents should I keep after buying my home? – by Christopher Stringham

Posted by: MCV Law blogger In: Real Estate 24 Oct 2013 Comments: 0

Thinking of buying your first home? Just finished buying your first home? Well, there is a huge difference between the two.

In the first instance the person/people are full of hope, excitement, and a whole host of other, mainly positive feelings. The second group, those who have just finished with the process of purchasing their first, second, or third home, may be feeling a bit different. Probably tired, frustrated, and a bit relieved. Certainly, if the second group hired an attorney, they may be a bit less tired and frustrated, and a bit more relieved. One of the last things on most people’s minds after the sometimes lengthy process is what documents are important enough to keep in a safe place for a long time.

Anyone that has purchased a home before knows that there is a lot of paperwork involved. If you are getting a mortgage through a lender, then the paperwork can be overwhelming from the start to the finish. It can seem like eons before the closing takes place, and that is if everything goes smoothly. If a bank is involved, the closing will involve a stack of papers to sign.

At every closing that I have been to where a mortgage is involved, the bank attorney gives the home buyers a package that contains an original copy of important papers. This package will include a copy of 2 very important documents, the Note and the Mortgage. The Note is the homebuyers’ promise to pay the loan back to the lender, and the Mortgage is the lender’s security interest in the property if the home owner fails to pay the loan back.

There are some other important documents that home buyers should be aware of as well. These include copies of the deed, survey, statement of sale, HUD-1, and the abstract of title. The survey and abstract are important to hold on to and should be able to be located in the future in the event that the home is sold. By being able to locate these documents at the time the home is being sold, people selling their home can save themselves hundreds of dollars by avoiding the need for a new survey or creating a new abstract.

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.

Did You Know You May Text In Your Car While at a Red Light? – by Heather La Dieu

Posted by: MCV Law blogger In: Traffic 11 Oct 2013 Comments: 0

I am sure no one has missed the new signs on the highway flashing that you may not text and drive or risk high fines and 5 points on your license. And certainly, there is good reason for the law. However, did you know that as long as your car is not in motion, it is not against the law to text? Specifically, paragraph 1 of Section 1225-d of the Vehicle & Traffic Law states that no person shall operate a motor vehicle while using any portable or electronic device while such vehicle is in motion.

The same is true of making a call. Section 1225-c of the Vehicle & Traffic Law prohibits operators of a motor vehicle to use a mobile telephone unless it is hands free. However, the law only requires operators of a motor vehicle to have a hands free device while such vehicle is in motion.

It should be noted that there are new regulations coming out at the end of October that operators of commercial vehicles may not make a call without a hands free device or text irrespective of whether the vehicle is in motion.

Therefore, as long as you are not operating a commercial vehicle, you are not breaking the law if you are stopped at a red light and send a text or make a quick call.

Heather LaDieu

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.

Social Security Disability and Migraines : Kimberly Slimbaugh

MCV Law Supports Charity for Children : William W. Crossett

How Worker’s Compensation Affects My Social Security Disability Benefits – by Kimberly Slimbaugh

The Patient Protection and Affordable Care Act (ACA) – by William W. Crossett

What documents should I keep after buying my home? – by Christopher Stringham

Did You Know You May Text In Your Car While at a Red Light? – by Heather La Dieu

Can Social Security Benefits be taken for child support? – by- Kimberly Slimbaugh