Summer 2012 ARONBERG KOUSER, P.A. Attorneys At Law€¦ · be due to losing a job, large medi-cal...
Transcript of Summer 2012 ARONBERG KOUSER, P.A. Attorneys At Law€¦ · be due to losing a job, large medi-cal...
Cherry Hill430 Route 70 West • Cherry Hill, NJ
Somers Point599 Shore Road • Somers Point, NJ
Philadelphia1515 Market St., Ste. 1520 • Phila., PA
(856) 429-17001-800-49JUSTICE
Nursing Home AbuseMalpractice
Auto AccidentsSlip and Falls
Product InjuriesWork Injuries
Social Security MattersFamily Law
Criminal Matters/DWI/DUIWills/Living Wills
Real EstateTraffic Violations
ARONBERG &KOUSER, P.A.Attorneys At Law
Free ConsultationNo Recovery, No Fee
Highlights of Legal News & Information
(856) 429-1700 • 1-800-49JUSTICE
Cherry Hill • Philadelphia • Somers Point
Summer 2012
ARONBERG &KOUSER, P.A.Attorneys At Law
www.430lawoffice.com
Obtaining Social SecurityDisability Benefits
Raising or Lowering Child andSpousal Support
If the parties cannot agree on achange, either can ask a court toorder it. Courts usually modify childsupport only if there has been asignificant change in circumstances.
Although laws for modifyingchild support vary between states,several situations usually support arequest to change the amount ofchild support. These include:• The party paying support is out ofwork or earns less money thanwhen the support order was made.
fter a divorce, the partiesmay want to change theamount of child support
and/or spousal support. This maybe due to losing a job, large medi-cal bills or other change in financialcircumstances. Here are some legalrules for making changes.
Child Support
Both parents may agree tochange the amount of child support.But a judge usually must approvethe change for it to be enforceable.
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for at least one year due to theirdisability.
To be eligible for these benefits,you must have worked in jobs that
are covered by SocialSecurity. You mustalso have worked forthe minimum amountof time required by theSocial Security Admin-istration and recentlyenough before yourdisability.
Another require-ment for receiving benefits is thatyou have a medical condition thatmeets Social Security’s definition of
f you become disabled beforereaching retirement age, youmay be able to receive Social
Security disability benefits. Here isinformation to helpyou determine ifyou are eligible toreceive thesebenefits — andwhat to do if youare wrongly deniedbenefits or notreceiving themaximum benefits.
Social Security disability benefitsare cash benefits paid by the SocialSecurity Administration to peoplewho are disabled and cannot work
I
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A court can lower the amount ofchild support you pay. In moststates, your job loss must not beyour fault.
• The party paying support earnsmore money. Courts in somestates let children share in theirparents' good fortune. Courts inother states follow the rule thatan increase in the paying party'sincome is not enough to raise theamount of support.
• The party receiving supportearns significantly more money.In this case, the party payingsupport may be able to get his orher payment obliga-tion lowered.
• There has been achange in custody orthe amount of timethe child spends witheach parent.
• The child’s needschange. This could bedue to educationalexpenses, extracur-ricular activities or other reason.
All states allow a modificationin the amount of child support toprovide for the child's healthneeds, including health insuranceand other expenses, without ashowing that there has been amaterial change in circumstances.
People who want to modifychild support should get legalhelp to do so. Seek the changerequest as soon as possible, asjudges usually won't make thenew amount of child supportretroactive before the date thechange request was made.
Spousal Support
As with changes in childsupport, losing a job, largemedical bills or other change infinancial circumstances mayprompt one party to request achange in the amount of spousal
support. If both parties agree tothe change, it can usually bemade without going to court.However, it’s advisable to getcourt approval. This reduces thechance of problems if someonechanges his or her mind later.
If one side won’t agree to thechange, the other can ask a courtto order it. Courts can makechanges if allowed by the terms ofthe divorce. If justified, courts caneven order changes despite whatthe original divorce said (thesechanges are usually made only ifthere's extreme hardship).
To get spousal support modi-fied, one side usuallymust show a signifi-cant change in circum-stances. For example,the person makingpayments may be ableto get them lowered ifhe or she now earns alot less or therecipient’s income ismuch higher. For
support recipients, it’s oftenharder to get higher payments justbecause the paying ex-spousenow earns more. The recipientusually must show a significantchange in his or her own circum-stances to justify an increase.
As with child support, courtsusually will not make a change inthe amount of spousal supportretroactive to before the changerequest was made. People whowant to change the amount oftheir spousal support shouldtherefore seek legal promptly.
If you are interested in modify-ing the amount of child or spousalsupport, call us. We can adviseyou of your rights as well ashandle the change request.Having a lawyer's help can greatlyincrease the chances that yourrequest to modify the amount ofsupport will be approved.
No Recovery, No Fee:How Accident Victims
Are Charged
Child and Spousal Support, continued from first page
any accident victims don’tmake a claim because theythink they can’t afford the
legal fees. It’s important to remem-ber that most personal injury claimsare handled on a contingent feebasis. This means the legal fee ispaid out of the recovery. If there’sno recovery, there’s no legal fee.
Contingent legal fees are greatbecause they allow any accidentvictim with a good case to get alawyer’s help. Without contingentfees, it would be hard for mostaccident victims to make a claim,especially with insurance companiesand their teams of lawyers andadjusters on the other side, workingto lower accident payouts.
The “no fee if no recovery”method helps accident victims bymaking it easy for them to get alawyer’s help when making a claimto an insurance company. Thishelps even the playing field andresults in higher settlements. It alsoshows the lawyer’s strong commit-ment. The lawyer gets paid only ifthe client recovers money.
Thanks to contingent legal fees,you can get the help of a qualifiedlawyer after an accident, even ifyour finances are limited.
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3 ARONBERG & KOUSER NEWSLETTER
Thank You
For Your Referrals
Thank You
For Your ReferralsOur firm receives many newclients as a result of referralsfrom clients and other friendsof our firm. We would like tothank everyone who refersfriends and family to our firm.We appreciate the trust andconfidence you show in us bymaking these referrals.
We welcome and continue toencourage referrals, and wewill strive to provide top qual-ity legal service to everyoneyou refer.
Aronberg & Kouser, P.A.
Watching out for dogs thatbite is good advice for petowners and animal lovers alike.If a bite occurs, it's important toknow the law about responsibil-ity for the injury, and damages.
Dog bites are common —each year nearly five millionAmericans are bitten by dogs,with over half the victims beingchildren. Dog bites are one ofthe top causes of emergencyroom visits.
Liability For Dog Bites
The old saying that “everydog gets one free bite” was oncea correct statement of the law.Owners were liable for the actsof a pet only if it was known tobe vicious. The old rule beganchanging many years ago, atleast as to pet dogs.
Some states, including New
Jersey and Pennsylvania, passedlaws making owners responsible toanyone bitten by their dog, whetheror not it was known to be vicious.Today, most places hold dogowners responsible for damagescaused when their dog bites some-one. But even this simple rule hasexceptions. For example, a dog’s
owner may not be liable for injuriesthe dog inflicts on a person whoignores warnings that the dog isvicious and may bite.
What To Do If A Dog Bites You
If a dog bites you, there areseveral things to do to protect yourrights. Get the owner's name,address, phone number and insur-
ance company. Also get thenames, addresses and phonenumbers of witnesses, and makenotes on the incident.
See a doctor, even if yourinjuries seem minor. A doctorwill help prevent minor injuriesfrom getting worse and tell you ifyou need rabies shots.
You should call our law firmto learn your rights. As notedabove, in most states dog ownersare liable for injuries their dogcauses unless the victim ignoredproper warnings. In many cases,the dog owner's insurance willbe your source of compensation.Dog bite victims generally can becompensated for many things,including medical bills, lostwages, pain and suffering, andscarring. It's important to call uspromptly, as there are deadlinesto make claims.
Recovering Compensation If A Dog Bites You
In most states, dog ownersare liable when their dogbites someone.
Auto & Product RecallsHere is a partial list of recently
recalled autos and consumer prod-ucts. For more auto recalls, call 1-800-424-9393. For more productrecalls, call 1-800-638-2772.
1. Toyota Camry (2009) and Venza(2009-2011). On certain vehicles theshift lever or brake lights may not
work. For more informa-tion, call Toyota at1-800-331-4331.
2. GeneralMotors BuickRegal (2012).The parkinglamps may notwork properly.For moreinformation,call GM at 1-800-521-7300.
SAFETY ALERTSAFETY ALERT
3. Subaru Forester (2009-2012).The rear center seat belt assembliesmay not permit proper installationand attachment of a child restraint.For more information, call Subaru at1-800-782-2783.
4. Honda CR-V (2006). Loss ofsteering can occur due to insuffi-cient welding. For more informa-tion, call Honda at 1-800-999-1009.
5. Bumbleride Indie & Indie TwinStrollers (certain models). The frontwheel can break, posing a hazard.For more information, callBumbleride at 1-800-530-3930.
6. Lenovo ThinkCentre M70z andM90z computers. These can over-heat and pose a fire hazard. Formore information, call Lenovo at 1-855-248-2194.
4ARONBERG & KOUSER NEWSLETTER 4ARONBERG & KOUSER NEWSLETTER
IF ANINJURY
OCCURS
IF ANINJURY
OCCURS
No one expects to be in an
accident. But if you are in one,
please call us to find out about
your rights. We handle all
types of personal injury cases,
and we will fight to obtain the
maximum compensation for
your injuries and losses.
Thank you for letting us
serve your legal needs.
ARONBERG & KOUSER, P.A.ATTORNEYS AT LAW
430 Route 70 WestCherry Hill, NJ 08002
PRESORTED STD
U.S. POSTAGE
PAIDLos Angeles, CA
Permit No. 2455
Social Security Disability Benefits, continued
ARONBERG & KOUSER, P.A.
PERSONAL INJURY MATTERSAuto Accidents • Slip and Falls
Product Injuries • Work InjuriesNursing Home Abuse
Malpractice
OTHER LEGAL MATTERSSocial Security • DWI/DUI
Criminal Matters • Family LawWills/Living Wills • Real Estate
Traffic Violations
Free Consultation(856) 429-1700 ◆◆◆◆◆ 1-800-49JUSTICE
disability. This means:1) You have a physical or mental
condition that prevents you fromdoing any substantial work; and
2) Your medical condition musthave lasted, or be expected to last, atleast one year, or be expected toresult in your death.
The Social Security Administrationdecides if you are disabled. It usesmany factors to make this decision.
If your claim is approved, you willreceive monthly cash benefits basedon your previous earnings. You canget Social Security disability benefitsuntil age 65. When you turn 65, yourdisability benefits convert to retire-ment benefits, but the amountusually stays the same.
To obtain Social Security disabil-
ity benefits, you must apply forthem. It can take several months tostart receiving benefits, so apply assoon as you become disabled.
Appealing Denials of Benefits
If you are denied Social Securitydisability benefits or think you arenot getting the proper benefits, youhave a right to a hearing before ajudge. If you are not satisfied withthe judge's decision, a civil case canbe filed in federal court.
Social Security disability benefitscan be very important in providingfor the care of you and your family.Our law firm can guide you throughthe complicated process of obtainingbenefits, and help you through theappeals process if your applicationis denied.