Backing out of my parking space when leaving work a state vehicle was making rounds and iwe collided into each oother in 2015 meaning my jeep coimpass struck the tail end of a long bed pick up truck. The state police was called and made an acciden...
I have practiced workers compensation law for 35 years in Virginia. I can tell you this other person is making a personal injury claim against you and your employer. Even though you were not on the clock, you were in the company parking lot so a court could rule you were still in the course of your employment. That is why the other driver sued both you and your employer. Your insurance and your company's insurance will defend the claim. Unless you have no insurance, you don't have a problem. Even though there was no damage to the state vehicle, that driver can still claim an injury. Of course, the lack of damage to the state vehicle will be taken into consideration if this matter goes to court.See question
My 53 year old brother-in-law has a life estate interest in his late mother's home. My wife has the remainder interest in the property. Their mother died on Thanksgiving 2016. Based on our discussion with his case worker at social services, h...
SSI is essentially welfare disability. You are not allowed SSI if you have non-exempt assets exceeding $2,000. His residence is an exempt asset as long as he lives there. The SSI recipient's ownership of this life estate is the problem. If he leaves the residence then it may be considered a non-exempt asset. He is not allowed to dispose of a real estate asset unless it is for fair market value. Perhaps his life estate interest has little value but his right to live there may have some value. Perhaps a realtor could determine its value. If it is small, maybe you can purchase it for its "fair market value".See question
Well basically on 12/13/2016 I slipped and fell at work hitting my lower back on the floor and hitting my left wrist on the fryer station. I called the company's injury hotline explained what happened. I completed and injury report with my manager...
I am a Virginia WC Lawyer. You indicate there was a delay in filling out the incident report. The insurance company does not usually do anything until there is an incident report. Then, you are not compensated for time off unless an "authorized" doctor takes you out of work. Also, in Virginia you are not compensated for the first 7 days you miss unless you miss 21 days or more. You should of course file a Claim for Benefits with the Virginia Workers' Compensation Commission by calling 1-877-664-2566. It appears you eventually spoke to the Claims Adjuster and you were referred to the clinic and then you were referred to the orthopedic facility. What additional information do you need now?See question
I'm on social security disability due to multiple surgeries (6). My employer's long term disability insurance company closed my case though I'm unable to return to work. I'm 58 years old; will be 59 in March. If I cannot get the long term disab...
You should be aware LTD benefits are usually offset by receipt of Social Security Disability. You should contact an LTD lawyer such as Mr. Glass to see if there is a benefit in fighting for your LTD benefits. Why re-sign? I see no benefit to you in taking this action before consulting an LTD lawyer.See question
I was sprayed with pepper spray as a part of training for my job as a correctional officer and immediately suffered a hemorrhagic stroke. If you google pepper spray and stroke it says it can cause this type of stroke, however I was turned down for...
I am sure you were turned down because the medical documentation that was submitted did not establish the necessary connection between the pepper spray and your stroke. Even though you found information that says the pepper spray "can" cause stroke, this does not mean it caused a stroke in your case. A doctor would have to exclude other possible causes of your stroke. The fact you "immediately" suffered a stroke after being sprayed may convince a doctor the pepper spray was the cause. As others have suggested, you should contact an experienced WC Lawyer in Virginia to help you with your case.See question
The applicants been denied because of the applicant overseas house. However, in that house the current residents are the applicants married son living with his family ( 8 members or more). Therefore, he cannot sell the house. First, they have bee...
As the other lawyer said, SSI is a welfare disability disability program. Thus, you cannot own real estate you don't live on and qualify for SSI. It does not matter who lives there. If you own it, it disqualifies you for a welfare benefit like SSI. If you want to qualify for SSI, you must sell the property for a fair market price and then spend the proceeds for legitimate expenses before you can qualify for SSI.See question
An applicant was denied disability benefit twice. Once: because of assets more than the requirement for a person to qualify. After spending that money and having all the receipts, SS denied her again because her husband owned a home overseas (they...
SSI (Supplemental Security Income) is essentially a welfare benefit. The applicant is being denied because she and her husband have an asset, this overseas property. For SSI, your home is an exempt property if you live in it. As the other lawyer says, they must sell the property and show the money has been spent for reasonable expenditures. Then, she can re-apply for SSI. This is a list of exempt assets:
1. the home you live in and the land it is on;
2. lhousehold goods and personal effects (e.g., your wedding and engagement rings);
3. lburial spaces for you or your immediate family;
4. lburial funds for you and your spouse, each valued at $1,500 or less (see the SSI Spotlight on Burial Funds);
5. life insurance policies with a combined face value of $1,500 or less;
6. lone vehicle, regardless of value, if it is used for transportation for you or a member of your household;
7. retroactive SSI or Social Security benefits for up to nine months after you receive them (including payments received in installments);
8. grants, scholarships, fellowships, or gifts set aside to pay educational expenses for 9 months after receiptSee question
I have no income, I,M TOLD I should AUTO receive his retirement...no will.married 26 YEARS
From your question, I assume you are talking about Virginia Retirement System (VRS) benefits that your husband was receiving as a County of Chesterfield employee. You indicate the County is telling you he never listed you as a beneficiary. VRS says:
You can name one primary beneficiary or multiple primary beneficiaries. Upon your death, each primary beneficiary receives a share of any retirement contributions and interest in your member contribution account and any life insurance benefits you may have, depending on how you designate your primary beneficiaries for each payment. If you name multiple primary beneficiaries, the proceeds will be split equally, unless you instruct otherwise on the form. If you need to designate additional beneficiaries, list them on the Designation of Beneficiary - Continuation (VRS-2A) at the time you complete the VRS-2 and send both forms to VRS.
If you claim he did designate you as a beneficiary, you probably need to provide written documentation to prove it. Perhaps, you could contact your State Senator for help:
Glen H. Sturtevant, Jr. (R)
PO Box 2535, Midlothian, VA 23113
District: 804-601-4046; Legislative: 804-698-7510
to get all we the people have contributed to Social Security and medicare back with interest and to further stop the mandatory collection of our hard earn money?
This is really a political question and not a legal one. If you want to change the system, you need to advocate for elected officials who would make the changes you want. Social Security and Medicare are the Law of the Land and you are not going to change these laws with any kind of class action lawsuit. This system was enacted by Congress and signed by the President beginning with Franklin Roosevelt (FDR) in the Great Depression in the 1930's. Thus, this system can only be changed by the President and Congress.See question
My Initial claim was a in 2005. However I have learned that Social Security keeps records electronically on file and then I should not have to restart the whole process again. I would just need to leave off where I was
There is a procedure for re-opening a prior claim that is less than 4 years old. However, your prior claim is 11 years ago. Thus, that is way too old to be re-opened. You will have to file a new claim. If you have not worked since 2005, you may have a last insured date (LID) problem. You have to prove you were disabled before your LID expired.See question