Social Security Disability Claim denied?

If you've been denied social security benefits, you're not alone. Just because you've been denied doesn't mean that you're not eligible for disability benefits. If you're unable to earn a living because of a significant impairment, then you may be entitled to disability benefits, regardless of whether your initial application was approved.

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Do you qualify for Social Security Disability? You've already been paying for your own Social Security Disability Insurance (SSDI) if you ever see “FICA” on your pay stub. This federal program acts as insurance for workers who experience an unforeseen and unfortunate disabling event that prevents them from working in any regular paying job for at least 12 consecutive months. The test for eligibility for Social Security Disability benefits is not whether you can go back to a job you have lost or whether you have been able to find a job recently. The test is whether you are physically and emotionally capable of doing a job that is generally available in the national economy.

In general, the government pays monthly cash benefits to people who are unable to work for a year or more because of a disability. Benefits usually continue until you are able to work again on a regular basis. There are also a number of special rules, called "work incentives," that provide continued benefits and health care coverage to help you make the transition back to work.

Find out if you qualify by calling us right now.

Please, let us help you with a FREE case review to determine the extent of your injuries and claim. Simply contact us by either submitting the online form to the right, or clicking on "live help", or calling us toll free at 1-800-CALL-KEN (1-800-225-5536)

Medical Malpractice Explained

"Legal malpractice means that your attorney has been negligent when providing legal advice or representation. Legal Malpractice Experts who handle legal malpractice claims can represent you in legal malpractice lawsuits against your former attorney(s), if you believe misconduct in your case that has caused harm to your position. In a legal malpractice case, it must be shown that – in dealing with clients, other attorneys, and/or the courts – an attorney failed to demonstrate the skill and care that could be expected from a lawyer in similar circumstances.

The most common mistakes that can result in a legal malpractice claim are:
* Failure to know the law: not knowing/observing a deadline, Inadequate Investigation, Conflict of Interest
* Failure to inform client or get a client's consent; failure to follow client instructions
* Administrative errors: failure to calendar events; failure to file; clerical error

A Legal Malpractice Lawsuit is brought about to hold a lawyer accountable and at the same time, to secure appropriate compensation for your losses and suffering. Since a Statute of Limitations may apply to legal malpractice lawsuits, the victim or the victim's loved ones should file a complaint as soon as possible.

To be successful in a legal malpractice lawsuit and win a legal malpractice settlement, you (the plaintiff) must typically prove:

* The existence of an attorney-client relationship;
* Negligence in the legal representation of the plaintiff;
* That the negligence was a proximate cause of an injury;
* The fact and extent of the injury alleged.

After an attorney-client relationship has been proven, you must establish the "standard of care" which governed the legal representation, and show that the attorney violated that standard of care; quite often an expert witness will help determine standard of care. Next, you must show an injury as a proximate result of the lawyer's negligence (misconduct). Lastly, you need to show that damages actually were suffered as a result of the legal malpractice, and the nature and amount of those damages.

If legal malpractice damages that resulted from the legal malpractice cannot be established, the case will generally be dismissed." ~ Source: LawyersAndSettlements.com

For more information regarding malpractice lawsuits, contact Ken Nugent, Georgia Medical Malpractice Attorney.

Georgia Attorney General says "No" to Lawsuit Against Health Care

"Georgia Gov. Sonny Perdue is butting heads with the state's top lawyer, threatening to ''go it alone'' and sue the federal government over a new federal health care law.

Attorney General Thurbert Baker on Wednesday declined Perdue's request to sue over the health care law, arguing the state doesn't have a ''a viable legal claim.''

''I cannot in good conscience file a lawsuit against the United States that I believe has little or no chance of success and will undoubtedly consume significant state resources in a time of severe budgetary crisis,'' Baker wrote in a letter to the governor.

But Perdue spokesman Bert Brantley fired back that the state could ''go it alone'' with an outside counsel.

''His refusal to participate doesn't preclude us from going forward,'' Brantley told reporters.

Brantley said several lawyers have volunteered to handle the state's lawsuit pro bono -- removing the concerns about cost for the cash-strapped state. He suggested politics might be behind Baker's decision not to sue over Democratic-backed bill, the top domestic issue for President Barack Obama.

''We know that he's a candidate for governor and so we know that there are multiple things that he's looking at or thinking about and that's fine,'' Brantley said.

There was no immediate response from Baker, who is seeking the Democratic nomination to succeed Perdue.

Attorneys general from 13 other states have filed a federal lawsuit arguing the federal law -- which mandates that many Americans purchase health insurance -- violates the Constitution.

Brantley said the state could join that legal challenge or file its own.

Perdue had asked Baker to sue on behalf of the state. He has repeatedly blasted the health reform law saying it would cost the state hundreds of millions of dollars every year by expanding Medicaid rolls, forcing the state health insurance plan to cover the adult children of state workers up to age 26 and requiring the state to set up a health care purchasing exchange.

House Minority Leader DuBose Porter suggested Wednesday that Perdue could need legislative approval to pursue a lawsuit without the OK of the state's top lawyer.

But Brantley said the governor's office didn't think legislation was needed.

He said the state had hired outside counsel to pursue litigation over the state's voter ID law and to pursue litigation related to water rights at Lake Lanier. Former U.S. Solicitor General Seth Waxman is leading Georgia's water litigation for a hefty $855 an hour." ~ NYTimes.com

Contact Attorney Ken Nugent, GA Perosnal Injury Attorney, for more news regarding the state of Georgia and the new healthcare.

Nurse Discusses Reglan Use in Infants

"Lexington, GA: Terry P, a nurse in Georgia, worked with premature babies in a Neonatal Intensive Care Unit (NICU). She says she cannot remember a single premature baby in her care who was not given Reglan, despite the fact that there is still little information available about the long-term effects of Reglan on infants.

Nurse Discusses Reglan Use in Infants"Reglan is used to help with gut motility," Terry says. "It's used for premature babies because their bodies are not ready to work like yours and mine. When you try to feed them, their peristalsis [muscle contractions that move food through the digestive tract] is not as efficient. Doctors try to boot it up with Reglan."

However, Reglan is also used to enhance breast milk production, and Terry says infants could be exposed to even greater quantities of the drug that way.

"There was one doctor in particular who was a 'breastfeed your baby or you'll kill it' doctor," says Terry. "Some women can't do it. Breast milk is the best thing for babies—they can digest it best. But not all women can do it. This doctor was writing prescriptions for Reglan to increase breast milk production."

Premature babies have a premature neurological system, which means they react to noise, touch and other stimulus by becoming jittery and moving their arms and legs up and down. "Even sound will cause that jitteriness," Terry says. "But they shouldn't stay that way all the time."

Under normal circumstances, the infant can be calmed down. "But if the drug is increasing that jitteriness, they're messing the babies up by giving them Reglan," says Terry. "The thing is, they were all on Reglan. There was not one premature baby who was not given Reglan.

"They were given Reglan as soon as feeding was incorporated. Say there is a baby who is 24 weeks gestation—normal is approximately 40 weeks. Once the baby is stabilized and the blood oxygen is good, they start tube feeding the baby and start the Reglan with the feeding so that the gut will contract like a normal gut and the food will move through. That could be as soon as a week after birth.

"The thing is, you might be giving the infant only a small amount of Reglan, but when you weigh only 500 grams, that's a lot of medication to take in."

Reglan now carries a black box warning alerting patients to the risk of tardive dyskinesia, especially if the drug is used for longer than 12 weeks. However, some critics argue there is still insufficient evidence to show that Reglan is safe for infants. According to the labeling information, serious Reglan side effects "happen more often in children and adults under age 30," including uncontrolled spasms of the face and neck muscles, or muscles of the body, arms and legs." ~ Source: LawyersAndSettlements.com

If you have been injured by Reglan and are seeking a personal injury attorney, contact Ken Nugent today!

Truck Accidents

Some of the reasons why truck accidents happen are as follows:

* The driver is trying to meet a deadline
* Traffic delays have frustrated the driver
* The driver is tired because of their long hours
* The driver is not trained properly
* The driver is not certified for that truck size
* Following too close to stop correctly for the weight of vehicle and cargo
* The cargo was not loaded correctly
* The truck equipment is not safe for the road – especially tires and brakes
* Too many distractions in the cab of the truck

If you are looking for a truck accident attorney, contact Ken Nugent, Attorney's at Law today!

New Georgia Laws for 2010

Drivers who like to speed could be deterred from stiff new fines for excessive speeding.

Under a new Georgia law known as the “Super Speeder” legislation, an extra fine of $200 can be added on top of any other fines issued for speeding when a driver is convicted of going 85 miles per hour or more on any road or highway, or 75 miles per hour or more on any two-lane road or highway. The money collected from the “Super Speeder” fines will be used to fund a trauma care system in Georgia.

Drug offenders will have licenses suspended
The “Super Speeder” legislation also delays the ability to get a driver’s license for any teen under the age of 16 who is found guilty of driving under the influence of alcohol or drugs, unlawful possession of marijuana, cocaine or certain controlled substances or of the unlawful possession of a dangerous drug.

If found guilty, the teen’s ability to apply for a driver’s license or learner’s permit would be suspended and delayed until they reach the age of 17; or the age of 18 upon a second or subsequent conviction. The teen would also have to complete a DUI Alcohol or Drug Use Risk Reduction program and pay a license reinstatement fee.

Adults convicted of violating the Georgia Controlled Substances Act will now have their driver’s licenses suspended for a minimum of 180 days, have to complete a DUI Risk Reduction Program and pay a reinstatement fee. The license suspension period and reinstatement fees increase significantly with each additional drug-related offense within five years.

Law places new checks on citizenship
HB 2 requires every public employer, including city and county governments, to register and participate in the federal work authorization program to verify the employment eligibility of all newly hired employees. ~ Source: PostSearchLight.com

For more information on new laws in Georgia for the new year, contact Ken Nugent today!

Water Laws & Georgia

Over the past couple years, due to some sireous droughts, there has been much buzz about the current laws regarding water usage in Atlanta, and surrounding areas. Here's some clarification:

Eastern water law, which includes the law of the original states, is derived from the English common law and may be characterized as a law of riparian rights. Briefly, as in the United Kingdom, it is based on waterways that flow throughout the year. Owners of land through which, and adjacent to which, water flows, have the right to use the water for virtually any purpose. But they are obligated to receive the flows from above, and are also obligated to permit the flows to continue below. But they can delay the flows by storing the water temporarily, such as we do at Lake Lanier, but, they must permit the flows to continue below. Lastly, these rights and obligations pass to subsequent owners of the land.

Western water law may be characterized as a law of prior appropriation and is generally applicable to areas that were once owned by the United States. It is derived from the fact many waterways obtain their flows from the melt of winter snows and dry up when the melt is gone. Because of federal laws in the 1800s, water rights were separated from the title to lands owned by the United States and, therefore, no water rights pass to subsequent owners of those lands.

For more information regarding Georgia State Laws, and attorneys who can assist you with them, please contact Attorney Ken Nugent & Associates.