Blog | MCV Law - Part 16

Am I eligible for Social Security Disability Benefits if I have PTSD? – by Kimberly Slimbaugh

Posted by: MCV Law blogger In: Social Security 22 May 2013 Comments: 0

Post-Traumatic Stress Disorder (PTSD) is an anxiety disorder triggered by experiencing or witnessing a traumatic event. Some individuals may develop the disorder after a person close to them experiences danger, is seriously injured, or dies suddenly.

Some people experience symptoms right after the event or trauma, but for others, symptoms may not appear or become a problem until much later.

Symptoms may include: repeatedly thinking about the trauma; nightmares or flashbacks; being constantly on guard; feeling anxious; feeling irritable or easily angered; an inability to concentrate; avoiding people or places that you associate with the trauma; loss of interest; keeping to yourself; panic attacks; physical symptoms; difficulty functioning in your daily life; abuse of alcohol or drugs; relationship problems and depression.

Treatment for post-traumatic stress disorder can involve counseling, cognitive-behavioral therapy, psychotherapy, antidepressant drugs, antipsychotic medications, or a combination of one or more of these treatments.

The effects of this condition can make day-to-day functioning difficult. Sometimes the symptoms are so severe that they interfere with an individual’s ability to work, in which case, they might be eligible for Social Security Disability Benefits.

In order to be eligible for Social Security Benefits, you will have to have detailed medical records of your condition. The records should describe a typical PTSD episode, the frequency and duration of any panic attacks and what causes your symptoms to become worse. It is also important for your doctor to comment on how your PTSD symptoms affect your ability to function at home and at work.

If you or someone close to you is suffering from PTSD, whether from military service or other traumatic injury or event, you maybe eligible for Social Security Benefits. You should contact an attorney to discuss your specific circumstances.

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.

To Attorney or not to Attorney, that is the question… by Christopher Stringham

Posted by: MCV Law blogger In: Real Estate 17 May 2013 Comments: 0 Tags: Real Estate

A common question I get asked all the time by friends or family is whether or not they need to hire an attorney to represent them for a real estate transaction. The short answer is no that they do not “need” to hire an attorney and that the bank/lender involved in the transaction will provide an attorney that they can also use. The problem with this situation is that the bank’s attorney represents the interests of the bank first and yours second.

In almost all other areas of law it is actually considered unethical for an attorney to represent two parties in a single transaction due to a conflict of interest. For instance, a criminal attorney cannot represent two defendants in the same criminal trial because the two defendants have interests that may be competing and it would be nearly impossible for a single attorney to “zealously” represent both defendants.

Real estate provides an exception to this general rule as the transaction taking place is usually amicable and not adversarial in nature. So why hire an attorney? There are a number of reasons why hiring your own attorney to handle your real estate transaction is strongly recommended.

First, it is a good idea to hire an attorney right from the start so that he or she can review and approve your purchase/sale contract. While most purchase agreements are fairly standard and real estate agents are well versed in in the additional terms, it is still a good idea to have an attorney review and approve the purchase agreement to make sure you understand all the terms. Generally, once all the parties have signed the agreement, the time for attorney approval runs very quickly (i.e. 3 business days). Once the contract is set firm then a breach in the contract by either party may result in monetary loss.

Another good reason to hire your own attorney is because you want to have someone representing only your interests. As I stated before, the bank’s attorney is the banks attorney, and if push comes to shove, the bank’s attorney is going to act in the best interests of his or her client, the bank/lender.

Finally, you may want to hire your own attorney so that you have access to information. If you have questions or concerns and need answers fast you may have a hard time getting those answers from the bank/lender or their representative. However, if you have your own attorney working on your dime, you are more apt to have an open line of communication to have your questions or concerns answered, which is something that can give you piece of mind, especially for you first time home buyers.

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.

How much car insurance do I need? by Heather La Dieu

Posted by: MCV Law blogger In: General 08 May 2013 Comments: 0

Many people are aware that if they are in an accident that is their fault, they have car insurance to cover injuries that are sustained by the other driver. But what if you are in a car accident that is the fault of another driver and that driver only has the minimal insurance limits of $25,000/$50,000? How is it fair that you pay for insurance that covers $100,000 or $300,000, but if you are injured you may only be covered for $25,000?

That is where Supplementary Uninsured/Underinsured Motorists (SUM) Coverage comes into play. New York law requires insurance companies to offer SUM Coverage which provides coverage for accidents caused by negligent motorists who have no insurance or limits of insurance below those you carry on your policy. You may select SUM coverage in limits up to the Bodily Injury Liability Limit on your policy.

It is worthy to note that New York law requires insurance companies to provide Statutory Uninsured Motorist Coverage which provides insurance coverage to you for injuries received if you are in a car accident with a negligent motorist who has no insurance at all. Yet, that coverage is only $25,000 per person/$50,000 per accident for bodily injury and $50,000 per person/$100,000 per accident in the event of death. Your policy will automatically include these limits. However, Statutory Uninsured Motorist Coverage is very limited, not only because of the low coverage, but because the coverage only applies if the car accident happens in New York State.

It is also worthy to note that SUM Coverage is not automatically provided. It is the recommendation of this writer that you purchase SUM Coverage to adequately protect yourself if you are in a car accident. Please call your auto insurance provider to check your coverage and if necessary, obtain additional coverage.

Heather LaDieu

Email: hladieu@mcvlaw.com

Phone: 315-471-1664

Heather LaDieu was admitted to the New York State Bar in 2001. She is a member of the Onondaga County Bar Association, New York State Bar Association.

Medical Expenses and Lost Wages as a Result of Motor Vehicle Accident : Gary Valerino

Posted by: MCVLawBlog In: Personal Injury 01 May 2013 Comments: 0

If you are involved in a motor vehicle accident, who is responsible for paying your medical bills and lost wages?

Pursuant to the New York State Insurance Law, every automobile insurance policy written in the State of New York must provide for at least $50,000.00 of no-fault coverage. No-fault coverage, also known as Personal Injury Protection (PIP), provides for payment of medical expenses causally-related to the motor vehicle accident, and 80% of your lost earnings from work up to $2,000.00 per month, whichever is less.

No-fault coverage under your insurance policy will cover you, or anyone else who is injured in your vehicle, regardless of who was at fault for the accident.

There are certain exclusions under the law for no-fault benefits. For example, no-fault coverage is not afforded to individuals who are injured as a result of the use or operation of a motorcycle. Likewise, there is no coverage if the accident arose out of driving while intoxicated or under the influence of a drug, intentionally causing an injury to yourself, in the course of committing a felony, or if the vehicle that you are in is uninsured.

No-fault benefits are not the only claims that you may have as a result of a motor vehicle accident. You may have a claim for additional medical expenses, lost wage expenses, and pain and suffering, as well as other damages which may be claimed against responsible parties.

The bottom line is that the New York State Insurance Law, as it applies to automobile and motorcycle accidents, is complex. If you are involved in such an accident, you should consult an attorney to assist you.

Gary Valerino
Partner

Email: gvalerino@mcvlaw.com

Phone: 315-471-1664

Gary Valerino has been practicing law since 1989 and has been with Meggesto, Crossett & Valerino, LLP his entire career. He is a member of the Association of Trial Lawyers of America (ATLA) and the National Association of Subrogation Professionals (NASP). He is also an approved subrogation counsel for many of the major insurance companies.

New York State Workers Compensation Law Created 1914 : William W. Crossett

Posted by: MCVLawBlog In: Workers Compensation 24 Apr 2013 Comments: 0

Until 1914 there was no Workers Compensation Law in the State of New York.

Instead, an injured worker’s remedy was to bring a lawsuit based on common law principles of negligence. That is, the injured worker had to show that the employer owed a duty to him or her, and that the employer breached that duty, causing damage or injury to the worker. The employer was allowed to argue that the injury was a result of the workers own negligence, the result of a fellow worker’s negligence, and/or that the worker had assumed the risk of injury when assuming the job. Given the vast difference in resources between the injured worker and the employer, the battle was rarely fought, and, when fought, the battle was rarely fair.

The social and economic problems arising from work-related injuries prompted the development of Worker’s Compensation Laws at the beginning of the 1900’s. Unfortunately, New York’s Workers Compensation Law did not come into existence until the tragedy that befell 146 women who died at the Triangle Shirt Waist Company in New York City, in our Nation’s worst factory fire. The fire prompted a change in the New York State Constitution allowing for the creation of the Worker’s Compensation Law in 1914.

In essence, the Worker’s Compensation Law is a grand bargain in which the injured worker gives up the right to sue his employer in exchange for a promise of medical care for the injuries arising from the event or illness, and wage replacement benefits based upon the workers earnings. The Worker’s Compensation Board was established to administer the process and to decide issues of law and fact between the injured worker and either the self-insured employer, or, more commonly, the employers insurance company.

Since 1914 the law has changed and evolved. Currently, medical treatment is subject to treatment guidelines. Wage replacement benefits are limited by the State’s Average Weekly wage, and the duration of benefits is limited pending the injured workers loss of wage earning capacity.

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.

So I’m going to start a Blog. : William W. Crossett

Posted by: MCVLawBlog In: General 02 Apr 2013 Comments: 0

So I’m going to start a Blog.

For some time now, all of us at Meggesto, Crossett & Valerino, LLP, fondly known as MCV Law, have been learning about the new and emerging social media. We decided to take a leap and created a Facebook Page, a Twitter account, a Google+ account, and soon we will be revamping our website, MCVLAW.com. To start the journey I welcome you to my blog

The title of my blog is simply “Crossett’s Voice”.

Until our web site is revamped, this Blog, along with others from our firm, will be found on our Facebook page.

My intention is to educate, comment, and periodically offer opinions on issues concerning New York Workers Compensation Law and the practice thereof. It is not my intention to write a serial blog, expecting that everyone will read and follow my blog from the beginning. Rather, I will endeavor to center each installment around a single topic, and title it in a manner that will allow the reader to find specific information they may be seeking.

With the launch of this blog I’m inviting you to join MCVLAW at our Facebook page and to follow us on Twitter or Google+. Of course, you can also refer to our website to find out what we look like, to obtain directions to our office, and to use the general information we have posted.

William W. Crossett IV
Partner

Email: crossett@mcvlaw.com

Phone: 315-471-1664