Summer 2012 ARONBERG KOUSER, P.A. Attorneys At Law€¦ · be due to losing a job, large medi-cal...

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Cherry Hill 430 Route 70 West Cherry Hill, NJ Somers Point 599 Shore Road Somers Point, NJ Philadelphia 1515 Market St., Ste. 1520 Phila., PA (856) 429-1700 1-800-49JUSTICE Nursing Home Abuse Malpractice Auto Accidents Slip and Falls Product Injuries Work Injuries Social Security Matters Family Law Criminal Matters/DWI/DUI Wills/Living Wills Real Estate Traffic Violations ARONBERG & KOUSER, P.A. Attorneys At Law Free Consultation No 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 Security Disability Benefits Raising or Lowering Child and Spousal Support If the parties cannot agree on a change, either can ask a court to order it. Courts usually modify child support only if there has been a significant change in circumstances. Although laws for modifying child support vary between states, several situations usually support a request to change the amount of child support. These include: • The party paying support is out of work or earns less money than when the support order was made. fter a divorce, the parties may want to change the amount of child support and/or spousal support. This may be due to losing a job, large medi- cal bills or other change in financial circumstances. Here are some legal rules for making changes. Child Support Both parents may agree to change the amount of child support. But a judge usually must approve the change for it to be enforceable. continued on page 2 A for at least one year due to their disability. To be eligible for these benefits, you must have worked in jobs that are covered by Social Security. You must also have worked for the minimum amount of time required by the Social Security Admin- istration and recently enough before your disability. Another require- ment for receiving benefits is that you have a medical condition that meets Social Security’s definition of f you become disabled before reaching retirement age, you may be able to receive Social Security disability benefits. Here is information to help you determine if you are eligible to receive these benefits — and what to do if you are wrongly denied benefits or not receiving the maximum benefits. Social Security disability benefits are cash benefits paid by the Social Security Administration to people who are disabled and cannot work I continued on page 4

Transcript of Summer 2012 ARONBERG KOUSER, P.A. Attorneys At Law€¦ · be due to losing a job, large medi-cal...

Page 1: Summer 2012 ARONBERG KOUSER, P.A. Attorneys At Law€¦ · be due to losing a job, large medi-cal bills or other change in financial circumstances. Here are some legal rules for making

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.

continued on page 2

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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

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Page 2: Summer 2012 ARONBERG KOUSER, P.A. Attorneys At Law€¦ · be due to losing a job, large medi-cal bills or other change in financial circumstances. Here are some legal rules for making

2ARONBERG & KOUSER NEWSLETTER

Call (856) 429-1700 orsign up on our website:www.430lawoffice.com

If You Would LikeTo Receive Our

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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.

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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

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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.