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Should I have Renter’s Insurance?

Posted by: In: Real Estate 15 Nov 2015 Comments: 0 Tags: , ,


Yes! Everyone who rents an apartment or a house should have renter’s insurance. And yet, if you are like most people, you probably do not have renter’s insurance. Most people are under the illusion that any damages will be covered by their landlord’s insurance, however this is not true. A landlord’s insurance will only cover what a landlord owns, and will be limited to the land and the physical structures on the land. Any of your personal property, will not be covered by your landlord’s insurance company.

A little known secret of renter’s insurance is that it does not cost that much. An average policy cost $15 per month or $180 per year. If you go with a cash-value plan, which reimburses you for the current market value of any given item, you will pay a little less. If you have a replacement plan, which covers the entire cost of purchasing a new item, you will pay a little more.

Therefore, if you have a break-in or a fire, and you have renter’s insurance, you will be able to replace your belongings. In addition, if someone hurts themselves inside your home and claims you are responsible, renter’s insurance will cover your liability.

As you can see, renter’s insurance is well worth the cost.

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.

What Does Renter’s Insurance Cover?

Posted by: In: Real Estate 13 Nov 2015 Comments: 0 Tags: , ,


I recently discussed in the past on my blog that everyone who rents an apartment or a house should have renter’s insurance. A landlord’s insurance will only cover what a landlord owns, and will be limited to the land and the physical structures on the land. Any of your personal property, will not be covered by your landlord’s insurance company.

I would note that damage from an earthquake or flood will likely not be covered. In fact, any hazard that is not specifically mentioned, like water damage from faulty plumbing, if it is not specifically stated in your policy, will not be covered. In addition, if you own something valuable, like jewelry, artwork or antiques, you will need additional insurance specifically covering the special item.

People often ask how much renter’s insurance should they purchase. The answer depends on how valuable are your personal belongings. $2,000 would be sufficient for some people, while $100,000 would not be enough for others. You might want to do some research into how much your possessions are worth before you determine how much renter’s insurance you need. Some possessions, like antiques, may require an appraisal.

In addition, you may want to inventory your most valuable possessions. It would be helpful if you took photos and kept purchase receipts. The inventory should be kept outside your home so they are not destroyed by whatever happened to the rest of your belongings.

Renter’s insurance is well worth the cost should something happen to your home.

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.

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

Posted by: 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.

Workers’ Compensation Hearing Loss Claims

Posted by: In: Workers Compensation 09 Oct 2015 Comments: 0

Can I Receive Workers’ Compensation?

The New York State Workers’ Compensation Law provides for two types of hearing loss:
• Traumatic Hearing Loss, which is the result of a sudden, unexpected event, like an explosion
• Occupational Hearing Loss, which is the result of exposure to loud noise over a period of time

What is Covered?

• Your medical treatment, including hearing aids
• A schedule loss of use award, depending on the percentage of hearing loss

The Statute of Limitations

• For Traumatic Hearing Loss, the statute of limitations is 2 years from the date of the event.
• For Occupational Hearing Loss, the statute of limitations is 2 years and 90 days after the knowledge that the loss of hearing is or was due to the nature of employment.

The Process of a Hearing Loss Claim
  1. By law, you have to be out of the harmful exposure for 90 days before your hearing loss can be measured. We recommend that you make arrangements to see an otolaryngologist (ear, nose, and throat doctor) after this 90 day period.
  2. See an approved otolaryngologist. The Workers’ Compensation Board has a search tool that can be used to find a nearby otolaryngologist.
  3. Be sure to give the otolaryngologist a history and description of employment, as well as the type of noise you were exposed to. Also note any noise exposure that you had prior to this job, or currently have in addition to this job.
  4. The otolaryngologist will determine whether or not you have experienced hearing loss an complete a form regarding this. They will also file a C-4NARR or C-4 form.
  5. Once you have medical evidence, it is important to file a claim using a C-3 form within 2 years of the injury. The Board will then assemble/index a claim. The C-3 form can be tricky and confusing to fill out
  6. The insurance company representing your employer will then either accept or controvert the claim. If they controvert the claim, a hearing will occur to determine which issues need to be adjudicated.
  7. If your claim is successful, you are entitled to medical equipment related to your hearing loss. You may also be entitled to a schedule loss of use award.
  8. At MCV Law, we have developed a process which ensures claims the best chance of success. Don’t hesitate to schedule an appointment to review your claim.

William Crossett IV
Partner

Email: crossett@mcvlaw.com

Phone: 315-471-1664

William Crossett concentrates his practice in the representation of Injured Workers. Since 1982, he has 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 presents Continuing Legal Education programs.

Common Misconceptions of the Law

Posted by: In: General, Personal Injury, Social Security, ssdi, Workers Compensation 05 Oct 2015 Comments: 0


Parents are responsible for the negligent acts of their children. While this statement may seem logical, it is untrue. Parents are not responsible for the consequences of their children’s negligent conduct. If, however, the parents own conduct is negligent, then the parent can be held responsible for their own actions.

As an example, the child finds a firearm in the woods and negligently discharges it, causing property damage or personal injury. A parent would not be responsible for those acts. However, if the same child found a loaded hand gun in their home that the parent negligently failed to secure and the child discharges that firearm, causing property damage or personal injury, the parent could be held responsible for their own actions in negligently failing to secure the firearm.

The same is true for automobile accidents. A parent is not responsible for the negligent conduct of their child if they cause personal injury or property damage in an automobile accident. However, if the parent owns the motor vehicle being operated by their child and it is being operated with the permission and consent of the parent, then the vehicle and traffic law in the State of New York imposes responsibility upon the owner of such vehicle. Therefore, responsibility would be imposed, not because of the parent/child relationship, but rather the ownership of the motor vehicle.

Liability or responsibility for negligent acts can most often be insured against and most homeowner’s policies include children of the named insured, provided that they are residents of the household. Automobile insurance policies have their own unique coverages, and parents should from time to time review their insurance coverages for their homeowner’s coverage and automobile coverage regarding the protection not only for themselves but for their children.
James Meggesto
Partner

Email: jmeggesto@mcvlaw.com

Phone: 315-471-1664

James A. Meggesto has been practicing as a trial lawyer for over 40 years. He is a graduate of Niagara University who served in the United States Navy during the Vietnam War prior to attending and graduating from Syracuse University College of Law.

Can Creditors Take Social Security Disability Benefits?

Posted by: In: Social Security 05 Oct 2015 Comments: 0


The answer is no, with certain exceptions.
When I creditor sues you for a debt and gets a judgment, it can ask your bank to turn over money from your account. This is called a garnishment. If funds in your account are directly deposited by Social Security, and are deposited into your account within two months prior to the garnishment order, they are protected, meaning the bank has to let you have access to 2 months’ worth of benefits. If your account has more than 2 months’ worth of SS benefits, your bank can freeze the extra money.
The only exceptions are for garnishments for child or spousal support, federal taxes or federal student loans, in which case the bank can freeze the funds, even if they are directly deposited by Social Security.
Supplemental Security Income or SSI benefits, are protected from Garnishment, even to pay a government debt or child or spousal support.

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.

Why is the State Insurance Fund Sending Me a Notice to Have an MRI?

Posted by: In: Workers Compensation 01 Oct 2015 Comments: 0

An example state insurance fund notice
STATE INSURANCE FUND CLAIMANTS – PLEASE IGNORE THIS LETTER

As of September 30th, 2015, a letter has been going out from the New York State Insurance Fund to its Workers’ Compensation Claimants. This unfortunately worded letter has caused a bit of a panic with claimants who are insured through the State Insurance Fund.

It is clear from the very first reading that this letter will cause compensation claimants to believe they need to schedule diagnostic tests such as MRI’s or CT Scans immediately, and schedule them at some out-of-state facility.

This is not the case at all.

This letter is nothing more than a list of the home offices of the carrier’s in-network diagnostic preferred providers. These are the main contact numbers for groups like One-Call Diagnostic, and Med-Focus, which many claimants will be familiar with from scheduling tests. These providers administrate the scheduling for diagnostic testing at local offices where your treating physician will send you for testing. These are preferred providers only and there is no requirement to use them in any capacity.

No insurance carrier can order a claimant to get diagnostic testing. As with any other medical testing, diagnostic tests are requested by your treating physician with your full knowledge and consent.

John M. Bellinger
Paralegal

Email: jbellinger@mcvlaw.com

This entry was written by John Bellinger, who is part of the Worker’s Compensation team at MCV Law.