My perspective on the law, politics, drawing, writing, and other things. Formerly Southern Lawyer NC.
Wednesday, October 30, 2024
Thursday, October 17, 2024
Monday, October 14, 2024
Thursday, October 10, 2024
Should lawyers be on TikTok?
Do I even need to ask this question? Apparently so. And, generally, the answer to this question is yes. At least it’s been a big yes for me. But I’m a good talker. I have deep reservoirs of…information. That’s a charitable assessment, but I do provide good information. Or so I’m told. After all, I have done TV legal commentary quite a bit over the years. So, I know what to say and what not to say.
Whether you should be on TikTok is a question only you can answer. All I can do is tell you why I am on TikTok and what I think the benefits are to me.
1.
TikTok allows me to provide useful information to a
much wider audience in a way that’s nonthreatening.
2. If you do it right, TikTok brings in clients—lots of
good ones in my experience.
3. TikTok is fun and friendly.
Some people will mock you, and that’s fine. “Haters gonna hate” as the expression goes. But I don’t pay those people any mind. I don’t hold back on TikTok. I’m totally my unbridled, authentic self, and people like it. They appreciate the candor and authenticity. They also know I love my clients, and that I’m passionate about fighting for them.
Basically, I hate bullies and fight for people I think are treated unfairly. That’s the thrust of a lot of what I say.
But what I really
believe is clients have a powerful story to tell. And my job is to find those
stories and help the clients to be able to show the truth of their struggle.
I hope you will
check me out on TikTok. Find me here.
Wednesday, October 9, 2024
Friday, October 4, 2024
Monday, September 30, 2024
Tuesday, September 24, 2024
Wednesday, August 28, 2024
Is IBS a valid basis for Social Security disability?
It can be. When combined with other issues, IBS can be a basis for disability. The issue is whether it takes an individual off task 20% or more during the work day. If an individual must spend more than 20% of a workday off task (in the restroom for example), then he or she is likely disabled. This issue comes up a lot in disability cases, and I've often used it to cross examine vocational experts. It is certainly an issue that should be explored.
You can get Social Security disability benefits if there is evidence of drug and alcohol abuse--it's just harder
Chronic drug and alcohol abuse can hurt if not kill a Social Security disability case. Evidence of either, however, is not the death knell to a case. The key is to show the drug or alcohol abuse was not a "material factor" contributing to the disability. In other words, you need to show disability wasn't caused by the drug or alcohol abuse.
Usually people drink or do drugs to "self-medicate" because they were abused (usually sexually) as a child. At least this is what I have observed in the hundreds of cases I've handled. Consequently, it is important to explain what happened. Although not excusing the behavior it can show the claimant is a troubled soul trying to ease their pain. And if they get help and get better then the evidence of past abuse can be overcome.
I usually suggest an alternate payee (someone to handle the disability) to the judge as a way of 1) protecting the claimant against temptation and 2) reassuring the judge that the money won't go towards bad habits but towards supporting the claimant.
These are tough cases, but I've
won enough of them to know it can be done.
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