Daycare abuse allegations at Apple Tree Academies in Clemmons NC

 

Lawyer doodles—The original M’fer at Law drawing

The one who inspired it all.

The importance of data in personal injury cases

 

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.

Social Security disability hearings can hinge on "little things" #SSA

I've handled a few hundred Social Security disability hearings, and all of them are different and the same. Each person has their own unique story, but there are common threads that are woven throughout the tapestry of a good case.

 First, a good case has solid evidence that backs up the claimants complaints.  This is in the form of medical evidence and testimonial evidence.

 

Second, if subjective complaints and objective evidence (medical records) line up, then a claimant is usually deemed "credible." This means the claimant is believable.  Veracity is one part of it, but it is more about the complaints, the evidence, and the actual symptoms being in sync.

 

Third, the "little things" (anecdotes) line up with the evidence and claimant's story. For example, if a claimant sits on a bench in the shower and can't bend over to tie his or her shoes, then that claimant cannot meet the demands of a job where they need to stand. If the only jobs that person can do require standing, then that claimant is likely disabled.

 

There are no silver bullets in disability cases, but I continue to be amazed at how cases are made or lost on seemingly "little things" that end up looming large because they are reliable indicia.

Personal Injury cases and electronic data

 

Social Security Disability: Importance of client

 

Lawyers must use themes in Social Security disability cases

 

In North Carolina (and every other state), insurance companies what to screw you when you have a car wreck claim

 

Technology won't save us, but it can help us (think automation)

Technology cannot solve all our problems. I say that frequently because it's true. Technology provides wonderful tools to enhance what we are already doing by making us more efficient. It makes things faster. Rather, the things that are laborious and do not involve higher level thinking are perfect to be influenced by technology, specifically, automation. But what is automation?

Automation is "the use of machines or technology to perform simple human tasks without much human intervention."  Where we will see the benefits the most are in AI. Think fillable forms. You gather necessary information and have it populated in routine forms. 

Automation isn't new. Some of the greatest technological breakthroughs have been seemingly simple improvements such as the assembly line invented by Henry Ford. Ford installed it on December 1, 1913. It allowed for the mass production of automobiles. As a result, people all over America bought cars. Eventually the interstate highway system grew up after World War II. And now we can't imagine life without driving.

Automation through AI will be similar because it will allow us to process work faster especially in the legal field (personal injury,  M&A, workers comp, VA, Social Security disability, and wills and estates are all examples of practice areas that will benefit). We already see its benefits with forms that auto-populate, faster online systems, and self-guided systems. 

The downside for the American labor market is it could in theory take away jobs. Arguably, it will create jobs, too. Ultimately, I think it will benefit us by creating more opportunities and careers we haven't even imagined yet. 

It's nothing to be afraid of like some Twilight Zone episode.

But technology won't think for us. Rather, it shouldn't. We should still think for ourselves. In this way, technology won't solve all our problems. But it can greatly benefit it. Those who learn to use technology such as automation to enhancer their productivity will be the ones who do well in modern day America--especially in the legal field.