Lucas Gene Radney's Answers

A copy of "Defendant's Motion for Mediation" addressed to our court was sent to me but the court does not have a copy. Why?

In basic terms, a motion such as "Defendant's Motion for Mediation" otherwise a motion asking the court to refer your case to alternative dispute resolution, has to be filed with the court and served on all parties before the motion can be either set for hearing or otherwise ruled on by the court. It is possible that a copy of the motion has been served on you by mail and not filed. Litigation of any kind often gets heated, so while this may feel like harassment in a general sense it is often...

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Can SS &VA disability be garnished in a debt settlement dispute?

Social Security and VA Disability benefits are generally exempt from garnishment, levies for unpaid debt, or bankruptcy. There are some exceptions where the individual receiving benefits owes either unpaid federal income tax or child support, but that doesn't sound like your situation from what you've mentioned. I would likewise encourage you to talk to a local bankruptcy attorney to discuss the specifics of your particular situation. You may not need to file for bankruptcy, but you may get...

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How much time do I have to find out if broken pedicle screw from back fusion was faulty.

I see you are in Bryan - I am a Texas lawyer and an Aggie, if that counts for anything with you. It is true that there are two dates to look at - when the negligent act or omission occurred and the date when you discovered or reasonably should have discovered the negligence. A medical malpractice claim has a two year statute of limitations in Texas. However, when the negligent act goes undiscovered for a period of time, the statute of limitations is tolled until you discover it, and then it...

Can I sue for libel and defamation of character against a client?

I would add that while you seem to frame your question as whether you individually have been wronged, it seems from the facts you've given that your legal recourse is to pursue an action for business disparagement, which is a form of defamation. In such a case, your concern is the loss of current and/or future business due to the disparaging statements the individual has made to third parties through this site. Seek the advice of a local attorney, many of whom undoubtedly offer free consultations.

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How do I start the process to receive Social Security Disability benefits?

You are correct that Social Security can take the position that its conflicting to seek both Social Security disability and unemployment at the same time. This is because to receive unemployment you have to hold yourself out as seeking employment. But the first answer is right - you can still pursue Social Security disability benefits. When asked, be upfront that you are in need of help due to your physical problems. If your case proceeded to a hearing, many Social Security judges...

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Can I file for unemployment benefits while waiting for the long term disability benefits to get approved!

It is true that when seeking any disability benefits and at the same time unemployment, you are making contradictory claims and many times it comes to the surface one way or another. I have seen your situation many times, where a back surgery does not allow for a return to work and even leaves the worker worse off. You mention though that you are concerned about using all of your long term disability benefits. Most long term disability plans have a maximum benefit period of to age 65 or 67,...

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Do I need to get a social security attorney to help me with getting disability

It would be a good idea to consult with an attorney that handles Social Security disability cases. What a lot of people don't understand is that a decision that you are "disabled" is based not just on your physical state, but it's a decision based on both your medical and vocational (work history and education/training) background. You have one thing working in your favor based on the facts you gave us - your age. At 50, an individual may meet the criteria of what we call a "Grid Rule" that...

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SS is billing me $40,000 due to overpaym't of survivors benefits from 1994 to present.Can you tell me the statue of limitations?

I have had success in getting Social Security to waive recovery of an overpayment well in excess of what you are looking at. The thing you need to really consider though is that it will likely take a hearing before an administrative law judge to get things straightened out. This means that you should highly consider hiring an attorney experienced in Social Security law to represent you. If you can show that the overpayment was not caused by any misinformation you gave to Social Security, but...

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I collect ssdi now my wife is suffering from diabetis that is out control. Can she get her own ssdi case or are we stucck with 1

If you receive Title II/SSDI benefits, your wife's claim should not affect your claim. SSDI benefits are based on what you paid into the system in FICA taxes as a worker over the years. Your monthly benefit is determined not based on other sources of income, but what you paid in taxes. You may have heard about people on disability having their benefits cut or taken away because of other household income. This can happen when you receive Supplemental Security Income, or "SSI" benefits. SSI...

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What would be a fair amount to ask for?

There is no formula lawyers use to come up with the amount to demand in exchange for an offer to settle a claim. While different ideas float around, at the end of the day it comes down to many factors, from the reputation and solvency of the person or company that wronged you to how you would present as a witness if the case ever got to trial. That being said, given the facts that you've stated here, the amount offered seems unreasonably low. However, it would be best that you contact a...