The post How to drive defensively in Tennessee appeared first on Dreiser Law Group.
]]>It’s important to be aware of your surroundings and anticipate what may happen next to avoid getting into an accident. For example, if you’re driving on the highway and see a car merging into your lane, you can slow down or move over to give them space. Obviously, this is almost impossible for someone to do if they’re not paying attention to the road.
Among other things, before you begin driving, you should plan out the safest route to take. If necessary, look online beforehand and map out your trip so that you don’t get into unexpected situations when behind the wheel. You can also check the weather conditions so you know what to expect.
It’s also important to obey all traffic laws and signals. This includes using your turn signal when changing lanes, obeying speed limits, and not driving while impaired.
When driving, it’s important to be patient and avoid aggressive driving. This includes braking hard, speeding up quickly, and weaving in and out of traffic. These types of behaviors can lead to accidents.
There are times when it’s important to yield the right of way to other drivers. For example, if you’re at a stop sign and there’s another car coming, you should let them go first. This is just common courtesy and can help avoid accidents.
When driving, it’s important to stay calm and not get angry or frustrated. This includes avoiding road rage and getting upset with other drivers. Getting angry can cause you to drive recklessly which can lead to motor vehicle accidents. It’s not uncommon for people to make mistakes while driving, but this doesn’t mean you should punish them with your vehicle.
By following these tips, you can help reduce the chances of being in an accident and keep yourself and others safe on the road. If you find yourself in an accident, make sure you take the right steps to protect yourself, such as seeking medical attention and calling the police as soon as you can.
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]]>The post Social Security disability appeals process appeared first on Dreiser Law Group.
]]>Unfortunately, Social Security disability benefits may be denied for a number of reasons. They may be denied because Social Security believes that there is a lack of medical evidence for the claim, because the person exceeds income thresholds or the person fails to follow through with a treatment plan, among others.
If a person has been denied benefits, he or she has a right to appeal the decision and is entitled to have a representative act on his or her behalf.
The first step is called a reconsideration. A reconsideration is a review of the claim by a person who was not involved in the initial decision. A reconsideration can be done by a case review, an informal conference or a formal conference.
A case review is where a Social Security representative reviews the applicant’s case file for information, but does not meet with him or her. An informal conference allows the applicant to appear in person and bring witnesses. With a formal conference, Social Security can require witnesses to appear.
If the applicant disagrees with the decision made in the reconsideration, he or she can request a hearing with an administrative law judge (ALJ). The ALJ will ask questions of the applicant and his or her witnesses.
Then, the next step is a review by the Social Security appeals council. It may deny the request if it believes the decision was correct, but if it does the applicant still has a right to file a lawsuit.
The Social Security disability appeals process can be complex, but there is assistance available to navigate it.
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]]>The post Move-over laws in Tennessee often ignored, causing auto accidents appeared first on Dreiser Law Group.
]]>Because so many drivers ignore these laws, AAA, the Tennessee Department of Transportation (TDOT) and others have combined their efforts to try and convince drivers to be aware of this problem. Part of the initiative was Crash Responder Safety Week. This was designed to bring attention to the potential for injuries and death faced by people whose job it is to help others on the road. That includes first responders, road workers and tow truck drivers. Drivers and passengers who are stopped due to a disabled vehicle are also vulnerable. Thirteen such people in Tennessee lost their lives in a roadside collision in 2019 alone.
TDOT says that an average of five of their vehicles are in a crash each month with damage to vehicles and people suffering injuries. This is a major problem as evidenced by anecdotal evidence from first responders and survey information accrued by AAA. AAA found that 19% of drivers in the state had an accident or almost had an accident with an emergency vehicle that was stopped on the side of the road. Eighteen percent of drivers knew about move over laws, but did not know they were in effect in the state. Failing to move over can result in fines and incarceration. Drivers are believed to violate the law in part because they are unaware of it and for the previously mentioned road dangers like distraction and DUI.
Regardless of how the auto accident happened, people’s lives can be changed in a significant way in its aftermath. Medical treatment can be extremely expensive and a full recovery often takes time. It can hinder a person’s earning power. There may be long-term damage that impacts how they function each day and it can also place a strain on their family. If there is a fatality, these issues are compounded for those left behind. For help with how to move forward, consulting with those who understand personal injury cases and determining their cause can be critical with a case.
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]]>The post How the Social Security Administration determines eligibility appeared first on Dreiser Law Group.
]]>For a person to qualify for those federal programs, they will need to prove that they have suffered from the mental impairment for at least the past 12 months and they must have paid into Social Security for at least five of the past 10 years that they were working. The spouse and minor children can also receive benefits, which are linked to the recipient’s Social Security account. After 24 months have passed, the recipient will also be eligible for Medicare benefits. There are two different programs: one for adults and one for minors (up to age 18). Although the programs are federal, some of the rules vary from state to state. In certain states, the person may also be able to receive benefits from their state.
SSA follows a precise list of eligibility criteria when you file a claim. Subsequently, if you are applying for benefits, it may take several months before you receive a decision.
In most cases, if you are filing a disability claim, you will file through a local SSA office. If you are not comfortable filing by yourself, it may be valuable for you to consult a lawyer with experience with disability claims. The lawyer can help you with the application as well as actually filing the claim.
If your claim is denied, which happens to many people, you can appeal the decision and you will appear before an administrative judge.A lawyer can also help you to move through the system so that you can receive the benefits to which you are entitled.
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]]>The post Can I expedite my claim for Social Security disability benefits? appeared first on Dreiser Law Group.
]]>The compassionate allowances list is a list maintained by the Social Security Administration (SSA) that includes diseases and illnesses that are determined to be so severe that they meet the SSA’s eligibility requirements for disability by definition. The list includes certain cancers, adult brain disorders and many rare disorders affecting children. The list is also reviewed so additional medical conditions meeting the definition of disability may also be included.
The purpose of the compassionate allowances list to reduce the waiting time for disabled applicants for SSD benefits who are suffering from the most serious disabilities. If the disabled applicant’s medical condition or the disease they are suffering from is included on the compassionate allowances list, it can potentially expedite the application process and get benefits to the disabled individual more quickly.
The process of applying for Social Security disability benefits can be complex and daunting at times. Even if the disabled individual is suffering from a medical condition not on the compassionate allowances list, they may still qualify for disability benefits. It is important for those badly in need of SSD benefits to be familiar with the application process and know about any options that may help them obtain the badly-needed benefits more quickly.
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]]>The post Don’t cause a distracted driving crash during the daily rush appeared first on Dreiser Law Group.
]]>Texting and driving is especially dangerous because it encompasses all three forms of distractions. First, texting and driving is cognitively distracting, as your attention is on the text message not the task of driving. Second, texting and driving is visually distracting as you are looking at your phone rather than on the road. Finally, texting and driving is manually distracting as your hand are on your phone not the wheel of the car. Given this, it is easy to see how texting and driving can lead to distracted driving accidents.
Tennessee has laws regarding the use of cell phones while driving. Under Tennessee law, a motorist cannot hold a cellphone or watch a video on a cellphone while driving. Also, a person cannot read, write or send a text message while behind the wheel and they cannot record or broadcast a video using a cellphone while driving. Motorists cannot even move in a way that causes them to move from the driver’s seat or over a seat belt to get to a cellphone.
Tennessee laws on cellphone use while driving are enacted for a good reason. They aim to decrease the number of distracted driving accidents in the state. If you are in a car accident caused by a distracted driver you will want to pursue all avenues of compensation including filing a personal injury lawsuit if appropriate.
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]]>The post SSD and multiple sclerosis appeared first on Dreiser Law Group.
]]>Merely being diagnosed with multiple sclerosis does not automatically make the disabled individual eligible for disability benefits. Social Security Disability Insurance is a qualified program for disabled workers who have a total of 40 work credits with 20 of those credits being earned in the previous 10 years immediately before filing.
Multiple sclerosis is a disease that can prevent certain sufferers from working from time to time based on the severity. Eligibility is focused on the ability to work as opposed to the disability itself. Those not qualified for SSDI are then evaluated for Supplemental Security Income, or SSI, which is a means-tested program that requires periodical reevaluation for recipients.
Filing a claim for Social Security Disability begins with the application process, which can be done primarily through the mail with an initial phone call. The Social Security Administration has physical appointments available at Tennessee regional offices, but many individuals can get the process started through a phone appointment. The SSA will also send some paperwork to be filled out describing the nature of the problem and how it impacts the applicant’s ability to work. The agency will then make a decision within a specified amount of time.
It is important for applicants to understand that almost all Social Security disability applicants are denied on the initial application. The denial then triggers the appeals process, which is how most claims for multiple sclerosis and other conditions are approved.
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]]>The post Parents have options to get benefits for disabled children appeared first on Dreiser Law Group.
]]>The emotional aspect of it aside, raising children with special needs is expensive. For parents who already might be struggling to make a living, the financial costs can be overwhelming without help.
Special needs children who themselves have not built up enough work history to qualify for Social Security Disability income, or SSDI, can still qualify for Supplemental Security Income, or SSI.
SSI is not based at all on a person’s work history but instead on financial need, which is why it is available to children.
However, as is the case with an adult, the Social Security Administration will have to determine that a child’s condition, or conditions, meets its definition of disability before the SSA will pay SSI benefits on a child’s behalf.
The definition of disability is slightly different for children when compared with the disability definition the SSA uses for adults. The actual mechanics of how the SSA will apply its definition to a case can be complicated.
The point, though, is that a child’s disabling condition has to be expected to last for at least 1 year or to end in death. The condition must also seriously limit the child’s ordinary activities.
Parents who are interested in pursuing this option should also be aware that there are resource and income limits on who can receive SSI.
Parents in Tennessee and throughout the Southeast who have children with special needs should consider SSI as a viable legal option.
They may wish to review this option with an experienced Social Security attorney, as the child’s caregivers may want help with pursuing benefits.
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]]>The post Knox County accident leaves pedestrian dead appeared first on Dreiser Law Group.
]]>Authorities say that the driver of a semi struck and killed a pedestrian while the pedestrian was on a city street. The accident happened early in the morning. Authorities are continuing to investigate the accident. They have not announced any charges or citations.
As with other states, Tennessee law requires motorists to yield to pedestrians who are in crosswalks.
Moreover, while pedestrians are expected also to follow traffic laws and be careful, motorists have a duty to take what steps they can to avoid striking a pedestrian, even if the pedestrian is not in a crosswalk.
What this means is that victims of pedestrian accidents, or their families, should not just give up if they think that they might share some responsibility for the accident.
After a careful investigation, it may become clear that the driver of the vehicle owes the victim compensation for the accident.
When a commercial vehicle is involved, an investigation could include checking a truck’s black box, maintenance logs and other equipment and records.
In addition to issues with sorting out who is financially responsible, pedestrian accidents can be complicated for other reasons.
As in this case, when a commercial vehicle is involved, more than one party may be responsible for the loss.
For example, if the driver of the vehicle was a contractor for a trucking company, then it might be possible to get compensation from the insurance carriers of both the driver and the company.
After a pedestrian accident, it is important that victims and their families receive good advice about their legal alternatives.
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]]>The post What is a trial work period with Social Security disability? appeared first on Dreiser Law Group.
]]>Those receiving SSD have options when making a work attempt. It is imperative to adhere to the rules to ensure the person does not lose his or her benefits when getting back into the workforce or operating a business. The trial work period is key and it gives the person the chance to try and work without harming their SSD benefits for at least nine months. Earnings while working are irrelevant and the person will continue to get the full amount of SSD benefits.
The amount a person can earn changes periodically. For 2021, any month in which the person earns more than $940 is categorized as a trial work month. For those who are self-employed, it is either working 80 hours in a month or earning more than $940 following outlays for the business. The nine months can happen within 60 months and do not need to be consecutive.
In many instances, a person who meets the criteria to be approved for Social Security disability benefits also strives to get back into the workforce. That can have its obstacles and disability recipients are frequently fearful that simply trying to work might result in their benefits being reduced or stopped. That is not the case and one way to try and work while getting SSD benefits is to use the trial work period. For this and any other concern regarding SSD benefits from the application process, appeals and beyond, it may be useful to have experienced help to address any issue that might arise.
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