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Jeramie J. A. Gertz

Jeramie Gertz’s Answers

6 total

  • SOCIAL SECURITY DISABILITY

    Jeramie’s Answer

    I agree with Mark and Carol. It is probably best to continue to move forward with your existing claim. If you are still able to work at the time of the hearing you may request benefits for a closed period where the judge may award benefits for the period of time that you were not able to work. If you are not able to continue working then this may be considered an unsuccessful work attempt. In any case, you should consider hiring an attorney to represent you at the hearing. The attorney will work on a contingent fee basis and will only receive 25% of your back pay benefit in the event that you win.

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  • What happens to a deceased persons belongings who had no relatives and no will.

    Jeramie’s Answer

    The laws of intestate succession apply when a person dies without a will. Section 201 of the Texas Estates Code covers this situation.

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  • I was charged with class b misdemeanor for petty theft.

    Jeramie’s Answer

    I agree, it sounds like the judge gave you deferred adjudication which is essentially a form of probation. If you meet the terms - in this case pay your fine and stay out of trouble - the charges will be ultimately dismissed.

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  • Injury claim or attorney couple of months after accident?

    Jeramie’s Answer

    I would contact an attorney. Most personal injury attorneys offer free consultations. This is a good chance to get some legal advice whether or not you plan to hire an attorney. If you do hire the attorney he/she will generally handle the case on a contingent fee basis. This provides a strong incentive for the attorney to fight for you.

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  • Do you file a will when you make one?

    Jeramie’s Answer

    You do not have to file a will, but you may choose to do so for a nominal fee with the county clerk. I agree that it is always best to hire an attorney to draft your will. In my experience clients are always surprised by how inexpensive it is to have a will properly drafted by an attorney that understands the process. For example if your will isn't signed in the presence of two disinterested witnesses and notarized, there will likely be much more expense on the back end when the will goes through the probate process.

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  • My husband has applied for disability and has been denied numerous times. He has health problems and unable to work or see a dr.

    Jeramie’s Answer

    Attorneys typically handle these cases on a contingent fee basis. If the case is successfully, the attorney would be entitled to receive 25% of the back pay benefit award with a cap of $6,000. This is a one time fee and the attorney receives none of the ongoing monthly benefit payments. If your husband's claim is not successful you do not have to pay the attorney. This payment structure provides a strong incentive for your attorney to fight hard for your husband.

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