by Jim Fausone
Veterans Lawyer
Veterans Affairs has recently vowed to eliminate the backlog in veterans benefits claims by the end of 2015. There is a million claim backlog across all levels and it takes years to process a claim. However, VA says all those seeking payment will have to wait no longer than three months. How could this be done?
Examples given include a new benefits calculator to help VA workers more easily calculate payouts for hearing deficiencies, a process that has allowed those claims to be processed more quickly and accurately. New calculators are being expanded to cover nine other conditions in upcoming months. VA is also looking to retain hundreds of part-time claims processors as full-time workers to help drive down the backlog. Recent improvements to online benefits applications and electronic medical records have sped up processing times for certain illnesses to fewer than 30 days.
Veterans deserve timely response to claim applications and appeals. Justice delayed is justice denied. But just proclaiming it will end in 2015 does not give anyone comfort VA will accomplish this goal.
http://www.stripes.com/va-hopes-to-eliminate-backlog-in-benefits-claims-by-end-of-2015-1.129125
To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com
Experienced and practical Michigan attorneys solving the problems of business owners, their families, and veterans... one case at a time.
Tuesday, December 21, 2010
Monday, December 20, 2010
Vietnam Movie Tribute
by Jim Fausone
Veteran Attorney
A local Michigan documentary film producer, Keith Famie, has a new film out about the Vietnam generation. This DVD follows on the heels of his critically acclaimed film "Detroit: Our Greatest Generation " about Detroit's role in WWII. Keith is a dedicated and skilled storyteller and film maker. I have seen him lug his gear to events, parades, the moving wall and posts to talk to real veterans. He is preserving the history of our times.
I encourage you to check out his work and buy a DVD for a friend or loved one. Keith has scratched together the funding to make these documentaries and no one is getting rich off his work other than those whose history has been preserved. The project always needs financial support and you can assist by going to these websites to buy or contribute. Check it out at:
http://www.v-prod.com/trailer_vietnam.html or at http://www.ourvietnamgeneration.com/
To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com
Veteran Attorney
A local Michigan documentary film producer, Keith Famie, has a new film out about the Vietnam generation. This DVD follows on the heels of his critically acclaimed film "Detroit: Our Greatest Generation " about Detroit's role in WWII. Keith is a dedicated and skilled storyteller and film maker. I have seen him lug his gear to events, parades, the moving wall and posts to talk to real veterans. He is preserving the history of our times.
I encourage you to check out his work and buy a DVD for a friend or loved one. Keith has scratched together the funding to make these documentaries and no one is getting rich off his work other than those whose history has been preserved. The project always needs financial support and you can assist by going to these websites to buy or contribute. Check it out at:
http://www.v-prod.com/trailer_vietnam.html or at http://www.ourvietnamgeneration.com/
To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com
Friday, December 17, 2010
Zero Tolerance Needed for MST
by Jim Fausone
Veteran Lawyer
We have written about the MST problem before. Military Sexual Trauma broadly covers rape, sexual harassment and discrimination. We deal with the aftermath when veterans seek compensation for MST. About 80 percent of unwanted or threatening sexual acts are not reported. Victims who report abuse to their superiors often face social isolation, retribution and counter accusations.
The ACLU has filed a suit seeking information on the number of acquittals, convictions and sentences, the number of disability claims related to sexual trauma that were accepted and rejected, and the number of sexual harassment complaints. The government prosecutes 8 percent of military sex offenders, while 40 percent of civilian sex offenders are prosecuted, according to the lawsuit. This disparity in prosecution affects the handling of claims by VA as no contemporaneous records exist to establish service connection.
Let’s see if a federal court can force DOD to provide the information requested, if it helps stop MST and helps in getting veterans compensation for MST.
Read more at: http://www.npr.org/templates/story/story.php?storyId=132032056
To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com
Veteran Lawyer
We have written about the MST problem before. Military Sexual Trauma broadly covers rape, sexual harassment and discrimination. We deal with the aftermath when veterans seek compensation for MST. About 80 percent of unwanted or threatening sexual acts are not reported. Victims who report abuse to their superiors often face social isolation, retribution and counter accusations.
The ACLU has filed a suit seeking information on the number of acquittals, convictions and sentences, the number of disability claims related to sexual trauma that were accepted and rejected, and the number of sexual harassment complaints. The government prosecutes 8 percent of military sex offenders, while 40 percent of civilian sex offenders are prosecuted, according to the lawsuit. This disparity in prosecution affects the handling of claims by VA as no contemporaneous records exist to establish service connection.
Let’s see if a federal court can force DOD to provide the information requested, if it helps stop MST and helps in getting veterans compensation for MST.
Read more at: http://www.npr.org/templates/story/story.php?storyId=132032056
To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com
Thursday, December 16, 2010
Making College Expenses a Priority after Divorce
by Wendy Alton
According to a recent study, divorced parents contribute a significant amount less toward college for their children than parents that remain married. The study was discussed in a Washington Post article, and revealed that divorced parents spend nearly 1/3 less on college expenses than married parents. Obviously this is a huge difference and disadvantage to children of divorce. What can you do as a divorced parent to ensure that college expenses remain a priority?
First, to clarify, Michigan does not require a divorcing couple to have an agreement about college tuition or expenses. In fact, Michigan courts can only make or enforce decisions about your child until the child is 18 or graduates from high school, whichever is later. Thus, college expenses are frequently not addressed in a divorce, especially when the children of the divorcing couple are very young.
However, there are a number of things you can include in your divorce to help pay for college expenses. Of course you and your spouse will have to agree, because absent an agreement, the court will not force you to do it. Some ideas are as follows:
• You can agree as parents to equally share the college expenses incurred by your children, or share them on a percentage basis.
• You can agree to each contribute to a college fund that is held in trust for the children.
• You can formulate an agreement that has one parent paying tuition costs, while the other parent pays books, boarding, etc.
What is especially important, though, in formulating such an agreement to pay college expenses, is to define what college expenses will be paid, particularly:
• Will you pay for in-state or out-of-state tuition?
• Will you only pay if their grade point remains passing or above a certain grade?
• Will you require the student to obtain loans/grants/scholarships first?
• Is this for undergraduate only or post-graduate work?
The lesson is that if college for your children is important to you as you are divorcing, try to work out an agreement with your spouse to make it a priority. Be careful to negotiate exactly what each parent is prepared to provide, and what expectations are required. Also, you must have an attorney review such an agreement, because once it is signed, absent an agreement to change it, the agreement is binding and not subject to modification.
You can read the Washington Post article here:
http://voices.washingtonpost.com/college-inc/2010/12/divorced_parents_contribute_le.html
If you are interested in learning more about divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
According to a recent study, divorced parents contribute a significant amount less toward college for their children than parents that remain married. The study was discussed in a Washington Post article, and revealed that divorced parents spend nearly 1/3 less on college expenses than married parents. Obviously this is a huge difference and disadvantage to children of divorce. What can you do as a divorced parent to ensure that college expenses remain a priority?
First, to clarify, Michigan does not require a divorcing couple to have an agreement about college tuition or expenses. In fact, Michigan courts can only make or enforce decisions about your child until the child is 18 or graduates from high school, whichever is later. Thus, college expenses are frequently not addressed in a divorce, especially when the children of the divorcing couple are very young.
However, there are a number of things you can include in your divorce to help pay for college expenses. Of course you and your spouse will have to agree, because absent an agreement, the court will not force you to do it. Some ideas are as follows:
• You can agree as parents to equally share the college expenses incurred by your children, or share them on a percentage basis.
• You can agree to each contribute to a college fund that is held in trust for the children.
• You can formulate an agreement that has one parent paying tuition costs, while the other parent pays books, boarding, etc.
What is especially important, though, in formulating such an agreement to pay college expenses, is to define what college expenses will be paid, particularly:
• Will you pay for in-state or out-of-state tuition?
• Will you only pay if their grade point remains passing or above a certain grade?
• Will you require the student to obtain loans/grants/scholarships first?
• Is this for undergraduate only or post-graduate work?
The lesson is that if college for your children is important to you as you are divorcing, try to work out an agreement with your spouse to make it a priority. Be careful to negotiate exactly what each parent is prepared to provide, and what expectations are required. Also, you must have an attorney review such an agreement, because once it is signed, absent an agreement to change it, the agreement is binding and not subject to modification.
You can read the Washington Post article here:
http://voices.washingtonpost.com/college-inc/2010/12/divorced_parents_contribute_le.html
If you are interested in learning more about divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Wednesday, December 15, 2010
Planning Ahead Makes Holidays Special for Children of Divorce
by Wendy Alton
One of the most frequent questions & concerns I hear as a Michigan divorce lawyer is how to share time with the children around the holidays after a divorce. This can be one of the more difficult issues to work through, particularly because each parent wants to keep their holiday traditions alive, but will now need to share that time with the other parent.
There are no hard and fast rules in Michigan for sharing holidays after divorce. In fact, the courts generally encourage parents to come up with schedules that work best for them, and stick to those schedules. This is because each family has their own traditions, their own families, and often the parents can come up with a schedule that is far better for them than the court could ever impose.
In the absence of any kind of agreement between the parents, many courts do have parenting time guidelines that are published merely as “suggestions.” Each county differs, and the following represent some of the ideas or suggestions for how to share parenting time during the holidays.
• Macomb County: http://www.macombcountymi.gov/circuitcourt/friendofthecourt.htm:
o Dad: in odd years (2011, 2013, etc) has the children from 6pm on the last day of school for Christmas break through Christmas Eve at 9pm, at which time, Mom takes the children from Christmas Eve at 9pm until 7pm on the day before school begins. This would then reverse in even years.
• Livingston County: http://www.co.livingston.mi.us/friendofthecourt/pt4.htm:
o Alternate all holidays (parents decide who takes what holiday in what year)
o Christmas Eve, Christmas, New Years Eve, New Years are defined as 9am to 6pm
• Marquette County: http://www.co.marquette.mi.us/departments/friend_of_the_court/docs/ParentingTimeGuidelines/LOCAL.pdf:
o Dad: in odd years (2011, 2013, etc) has the children from 6pm on the last day of school for Christmas break through Christmas Day at 2pm. Mom has the children from Christmas Day at 2pm until 6pm on December 27th. Then the normal parenting time schedule resumes. This would then reverse in even years.
• Cass County: http://www.casscountymi.org/LinkClick.aspx?fileticket=DMsKstaerpA%3D&tabid=92&mid=800:
o Dad: in odd years (2011, 2013, etc) has the children on Christmas Eve at 9am until Christmas morning at 9am. Mom would have Christmas Day from 9am until December 26th at 9am. Normal parenting time would resume after that. This would then reverse in even years.
The State of Michigan also has extensive parenting time guidelines found here: http://courts.michigan.gov/SCAO/services/focb/parentingtime/FOC_Forms/pt_guidelines.pdf. Regarding holiday parenting time, the State of Michigan’s suggestions are identical to those of Macomb County. Again, these are merely suggestions in absence of a formal agreement between parents.
While it is easy to get wrapped up in what holiday time you want or feel as though you deserve with your children during the holidays, it is always helpful to try to look at the holiday schedule from your child’s perspective. The holidays are a magical and special time—keeping this as the main focus during your discussions and negotiations about holiday schedules will keep you focused on what is going to best for your children.
Divorced parents can make the holidays special for children by creating a holiday schedule that best suits their family, sticking to it so that the children know what to expect, and then making their holiday time with the children magical and memorable for years to come.
If you are interested in learning more about divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
One of the most frequent questions & concerns I hear as a Michigan divorce lawyer is how to share time with the children around the holidays after a divorce. This can be one of the more difficult issues to work through, particularly because each parent wants to keep their holiday traditions alive, but will now need to share that time with the other parent.
There are no hard and fast rules in Michigan for sharing holidays after divorce. In fact, the courts generally encourage parents to come up with schedules that work best for them, and stick to those schedules. This is because each family has their own traditions, their own families, and often the parents can come up with a schedule that is far better for them than the court could ever impose.
In the absence of any kind of agreement between the parents, many courts do have parenting time guidelines that are published merely as “suggestions.” Each county differs, and the following represent some of the ideas or suggestions for how to share parenting time during the holidays.
• Macomb County: http://www.macombcountymi.gov/circuitcourt/friendofthecourt.htm:
o Dad: in odd years (2011, 2013, etc) has the children from 6pm on the last day of school for Christmas break through Christmas Eve at 9pm, at which time, Mom takes the children from Christmas Eve at 9pm until 7pm on the day before school begins. This would then reverse in even years.
• Livingston County: http://www.co.livingston.mi.us/friendofthecourt/pt4.htm:
o Alternate all holidays (parents decide who takes what holiday in what year)
o Christmas Eve, Christmas, New Years Eve, New Years are defined as 9am to 6pm
• Marquette County: http://www.co.marquette.mi.us/departments/friend_of_the_court/docs/ParentingTimeGuidelines/LOCAL.pdf:
o Dad: in odd years (2011, 2013, etc) has the children from 6pm on the last day of school for Christmas break through Christmas Day at 2pm. Mom has the children from Christmas Day at 2pm until 6pm on December 27th. Then the normal parenting time schedule resumes. This would then reverse in even years.
• Cass County: http://www.casscountymi.org/LinkClick.aspx?fileticket=DMsKstaerpA%3D&tabid=92&mid=800:
o Dad: in odd years (2011, 2013, etc) has the children on Christmas Eve at 9am until Christmas morning at 9am. Mom would have Christmas Day from 9am until December 26th at 9am. Normal parenting time would resume after that. This would then reverse in even years.
The State of Michigan also has extensive parenting time guidelines found here: http://courts.michigan.gov/SCAO/services/focb/parentingtime/FOC_Forms/pt_guidelines.pdf. Regarding holiday parenting time, the State of Michigan’s suggestions are identical to those of Macomb County. Again, these are merely suggestions in absence of a formal agreement between parents.
While it is easy to get wrapped up in what holiday time you want or feel as though you deserve with your children during the holidays, it is always helpful to try to look at the holiday schedule from your child’s perspective. The holidays are a magical and special time—keeping this as the main focus during your discussions and negotiations about holiday schedules will keep you focused on what is going to best for your children.
Divorced parents can make the holidays special for children by creating a holiday schedule that best suits their family, sticking to it so that the children know what to expect, and then making their holiday time with the children magical and memorable for years to come.
If you are interested in learning more about divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Tuesday, December 14, 2010
Charged with Retail Fraud? – What You Need to Know
by Melissa Cox
Retail Fraud, or "shoplifting," is a great concern for retailers and law enforcement agencies. According to the National Association for Shoplifting Prevention (NASP), retailers lose more than $35 million dollars of stolen merchandise each day. So, when you read the sign that says, "Shoplifters will be prosecuted to the fullest extent of the law," you can bet on it!
If you have been arrested for retail fraud, the potential consequences vary greatly depending on whether you are charged with a misdemeanor or a felony. This decision is most heavily based on the value of the merchandise(s) involved in the transaction.
In the state of Michigan, there are three types of Retail Fraud:
• First Degree Retail Fraud - Felony. This occurs when the value of the merchandise involved is greater $1000.00, or if the accused has a prior conviction for First or Second Degree Retail Fraud.
o Maximum Penalties: 5 years prison time; $10,000.00 fine or 3 times the value of the merchandise.
• Second Degree Retail Fraud - Misdemeanor. This occurs when the value of the merchandise involved is between $200.00 and $1000.00, or if the accused has a prior conviction for Third Degree Retail Fraud.
o Maximum Penalties: 1 year jail time; $2,000.00 fine or 3 times the value of the merchandise.
• Third Degree Retail Fraud – Misdemeanor. This occurs when the value of the merchandise involved is under $200.00.
o Maximum Penalties: 93 days in jail; $500 fine or 3 times the value of the merchandise.
In addition to these criminal penalties, a person accused of retail fraud may also be subject to civil penalties which include payment of the full retail price of the unrecovered or unsalable merchandise and civil damages of ten times the retail price of the property (not less than $50.00 and not more than $200.00).
Typically, retail fraud consists of a person removing merchandise from a store. However, under Michigan law, other forms of retail fraud exist, such as altering/switching price tags; conspiring with a store employee to steal; and fraudulent return of merchandise.
The consequences are potentially severe for anyone charged with the crime. However, more than 20% of retail fraud is committed by teenagers, and convictions for retail fraud can have serious consequences for a young person’s future employment, college admissions, financial aid options and other financial opportunities. For example, a person with a felony retail fraud conviction cannot receive federally guaranteed student loans.
If you have been charged with retail fraud, you need a knowledgeable criminal defense attorney to represent you. For more information, please contact Mark Mandell at 248-380-0000, ext. 241 or Melissa Cox at 248-380-0000, ext. 240.
Retail Fraud, or "shoplifting," is a great concern for retailers and law enforcement agencies. According to the National Association for Shoplifting Prevention (NASP), retailers lose more than $35 million dollars of stolen merchandise each day. So, when you read the sign that says, "Shoplifters will be prosecuted to the fullest extent of the law," you can bet on it!
If you have been arrested for retail fraud, the potential consequences vary greatly depending on whether you are charged with a misdemeanor or a felony. This decision is most heavily based on the value of the merchandise(s) involved in the transaction.
In the state of Michigan, there are three types of Retail Fraud:
• First Degree Retail Fraud - Felony. This occurs when the value of the merchandise involved is greater $1000.00, or if the accused has a prior conviction for First or Second Degree Retail Fraud.
o Maximum Penalties: 5 years prison time; $10,000.00 fine or 3 times the value of the merchandise.
• Second Degree Retail Fraud - Misdemeanor. This occurs when the value of the merchandise involved is between $200.00 and $1000.00, or if the accused has a prior conviction for Third Degree Retail Fraud.
o Maximum Penalties: 1 year jail time; $2,000.00 fine or 3 times the value of the merchandise.
• Third Degree Retail Fraud – Misdemeanor. This occurs when the value of the merchandise involved is under $200.00.
o Maximum Penalties: 93 days in jail; $500 fine or 3 times the value of the merchandise.
In addition to these criminal penalties, a person accused of retail fraud may also be subject to civil penalties which include payment of the full retail price of the unrecovered or unsalable merchandise and civil damages of ten times the retail price of the property (not less than $50.00 and not more than $200.00).
Typically, retail fraud consists of a person removing merchandise from a store. However, under Michigan law, other forms of retail fraud exist, such as altering/switching price tags; conspiring with a store employee to steal; and fraudulent return of merchandise.
The consequences are potentially severe for anyone charged with the crime. However, more than 20% of retail fraud is committed by teenagers, and convictions for retail fraud can have serious consequences for a young person’s future employment, college admissions, financial aid options and other financial opportunities. For example, a person with a felony retail fraud conviction cannot receive federally guaranteed student loans.
If you have been charged with retail fraud, you need a knowledgeable criminal defense attorney to represent you. For more information, please contact Mark Mandell at 248-380-0000, ext. 241 or Melissa Cox at 248-380-0000, ext. 240.
Monday, December 13, 2010
Judge Tosses Out Prenup: Dodgers ownership still undecided
by Wendy Alton
There is no dispute that the divorce of Frank & Jamie McCourt has been the most publicized divorce this year, particularly since the ownership of the Dodgers will ultimately be determined in the divorce.
It appears that Frank & Jamie McCourt had a prenuptial agreement drawn up, but the testimony revealed that there were different versions of this agreement—one giving the Dodgers to Frank, and one sharing the Dodgers between Frank & Jamie. The Judge heard testimony for days about this issue, and finally made his decision.
In a 100 page opinion (and yes, that is a very LONG opinion), the Judge tossed out the prenuptial agreements. The Judge ruled that the evidence showed that Frank & Jamie McCourt never fully agreed on any terms regarding the Dodgers, and that each has a mistaken belief about the alleged differing prenuptial agreements. The result is that the Dodgers will not be divided pursuant to any prenuptial agreements between Frank & Jamie McCourt.
What does that mean now? Well, the Judge will eventually have to decide who owns the Dodgers. Frank McCourt will argue that he bought the Dodgers, that they are owned in his own name, and that the team is his own personal property. Jamie McCourt will argue that the team was purchased during the marriage and that it is marital property, subject to a 50/50 split.
Lessons to be learned? If you hire a lawyer to draft a prenuptial agreement—it is probably important to make sure that there is only one version. Sounds easy, right? I would assume so—but doesn’t seem that way for the McCourts.
You can read about the Judge’s decision here:
http://content.usatoday.com/communities/dailypitch/post/2010/12/judge-rules-jamie-mccourt-is-co-owner-of-dodgers/1
If you are interested in learning more about divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
There is no dispute that the divorce of Frank & Jamie McCourt has been the most publicized divorce this year, particularly since the ownership of the Dodgers will ultimately be determined in the divorce.
It appears that Frank & Jamie McCourt had a prenuptial agreement drawn up, but the testimony revealed that there were different versions of this agreement—one giving the Dodgers to Frank, and one sharing the Dodgers between Frank & Jamie. The Judge heard testimony for days about this issue, and finally made his decision.
In a 100 page opinion (and yes, that is a very LONG opinion), the Judge tossed out the prenuptial agreements. The Judge ruled that the evidence showed that Frank & Jamie McCourt never fully agreed on any terms regarding the Dodgers, and that each has a mistaken belief about the alleged differing prenuptial agreements. The result is that the Dodgers will not be divided pursuant to any prenuptial agreements between Frank & Jamie McCourt.
What does that mean now? Well, the Judge will eventually have to decide who owns the Dodgers. Frank McCourt will argue that he bought the Dodgers, that they are owned in his own name, and that the team is his own personal property. Jamie McCourt will argue that the team was purchased during the marriage and that it is marital property, subject to a 50/50 split.
Lessons to be learned? If you hire a lawyer to draft a prenuptial agreement—it is probably important to make sure that there is only one version. Sounds easy, right? I would assume so—but doesn’t seem that way for the McCourts.
You can read about the Judge’s decision here:
http://content.usatoday.com/communities/dailypitch/post/2010/12/judge-rules-jamie-mccourt-is-co-owner-of-dodgers/1
If you are interested in learning more about divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Friday, December 10, 2010
Female Veteran Suicide Crisis
by Jim Fausone, Veteran Attorney
The first large scale study of female veterans found that female veterans — age 18 to 34 — are three times as likely as their civilian peers to die by suicide. Veterans make up 20% of the people who commit suicide in the country. However veterans only make up 12 % of the population. Female veterans are particularly vulnerable and everyone needs to be aware of this crisis and respond accordingly. How will VA, VSOs and health care providers respond?
Read more at: http://www.npr.org/2010/12/04/131797071/study-female-vets-especially-vulnerable-to-suicide
The first large scale study of female veterans found that female veterans — age 18 to 34 — are three times as likely as their civilian peers to die by suicide. Veterans make up 20% of the people who commit suicide in the country. However veterans only make up 12 % of the population. Female veterans are particularly vulnerable and everyone needs to be aware of this crisis and respond accordingly. How will VA, VSOs and health care providers respond?
Read more at: http://www.npr.org/2010/12/04/131797071/study-female-vets-especially-vulnerable-to-suicide
Thursday, December 9, 2010
U.S. Supreme Court Case
by Jim Fausone, Veteran Attorney
This week the U.S. Supreme Court takes up the issue about when a veteran misses the 120-day appeal period. The Veterans Court has taken the position that it could not grant a deadline extension for any reason. The U.S. Court of Appeals for the Federal Circuit affirmed, based on a high court 2007 decision, saying federal time limits are not subject to judges' discretion unless Congress has written such flexibility into the law. Some of the judges in the Federal Circuit majority noted, however, that "the rigid deadline of the existing statute can and does lead to unfairness." In this case the Korean War veteran, Mr. Henderson, was suffering from psychiatric disability, bedridden and missed the appeal deadline. It will important to watch what the US Supreme Court holds. We will keep you updated on this important matter.
Read more at:
http://www.usatoday.com/news/washington/judicial/2010-12-03-supreme-court-veteran-disability-claims_N.htm
This week the U.S. Supreme Court takes up the issue about when a veteran misses the 120-day appeal period. The Veterans Court has taken the position that it could not grant a deadline extension for any reason. The U.S. Court of Appeals for the Federal Circuit affirmed, based on a high court 2007 decision, saying federal time limits are not subject to judges' discretion unless Congress has written such flexibility into the law. Some of the judges in the Federal Circuit majority noted, however, that "the rigid deadline of the existing statute can and does lead to unfairness." In this case the Korean War veteran, Mr. Henderson, was suffering from psychiatric disability, bedridden and missed the appeal deadline. It will important to watch what the US Supreme Court holds. We will keep you updated on this important matter.
Read more at:
http://www.usatoday.com/news/washington/judicial/2010-12-03-supreme-court-veteran-disability-claims_N.htm
Wednesday, December 8, 2010
Cheating Spouses on Facebook
by Wendy Alton
So it was just announced that San Antonio Spurs’ Tony Parker, currently divorcing from Desperate Housewife Eva Longoria, had a fling with a woman that he kept in touch with on Facebook. You can be absolutely sure that this isn’t just a celebrity phenomena. Facebook has made us all our own day-to-day celebrities as we broadcast what we do, where we go, and how we feel. We share our pictures, our jokes, our successes and our gripes. And yes, we are sharing our divorce battle stories.
Research conducted this summer showed that divorce attorneys are becoming more and more fluent in social networking sites—Facebook, MySpace, LinkedIn, YouTube and Twitter to name a few. Lawyers are using these sites to find out information about the other spouse during a divorce. There have been dozens of stories over the last year discussing how things a spouse posted online, whether a picture, wall post, or
status update, were used against that spouse in a divorce or custody proceeding.
This has become so prevalent, that there is now a website devoted solely Facebook cheating: www.facebookcheating.com. On that site, you can read articles to help you discover if your spouse is cheating, read stories of others who have experienced infidelity due to Facebook, and learn what to do with your Facebook page if you are going through a divorce.
So you ask, what exactly can be used against you from your Facebook page? EVERYTHING. Everything you say, every picture you post and every friend you have. Facebook comments, wall posts, status updates, friends, pictures and videos are admissible in Court for issues such as fault, custody, parenting time, child support, and property division.
In my own experience as a Michigan divorce lawyer, I have not only used Facebook evidence in divorce and custody proceedings, my opposing attorney has used the same against my own clients. For example, Facebook can be used to prove extra-marital relationships. It can be used to show alcohol use. Every disparaging comment said about your soon-to-be-ex-spouse is printed, saved, and presented to court to show that public derogatory comments are being made about the other spouse, and yes, that is considered by the court in a custody dispute.
It is absolutely essential to guard what you do online on Facebook if you are going through a divorce. The safest solution is to deactivate your Facebook page. This will take you page offline until you sign in next. You will not lose your friends, nor your posts or pictures—it will just take your page out of general public view. Once your divorce is final, then you can activate once again.
Some say that you should just adjust your privacy settings. However, remember that your friends will see everything you post—and during a divorce, sometimes your friends are not necessarily on your side. On the other hand, keeping your Facebook page allows you to see what your spouse may be doing, if they are on Facebook. After all, it is the war of the roses, right?
If you are interested in learning more about divorce, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
So it was just announced that San Antonio Spurs’ Tony Parker, currently divorcing from Desperate Housewife Eva Longoria, had a fling with a woman that he kept in touch with on Facebook. You can be absolutely sure that this isn’t just a celebrity phenomena. Facebook has made us all our own day-to-day celebrities as we broadcast what we do, where we go, and how we feel. We share our pictures, our jokes, our successes and our gripes. And yes, we are sharing our divorce battle stories.
Research conducted this summer showed that divorce attorneys are becoming more and more fluent in social networking sites—Facebook, MySpace, LinkedIn, YouTube and Twitter to name a few. Lawyers are using these sites to find out information about the other spouse during a divorce. There have been dozens of stories over the last year discussing how things a spouse posted online, whether a picture, wall post, or
status update, were used against that spouse in a divorce or custody proceeding.
This has become so prevalent, that there is now a website devoted solely Facebook cheating: www.facebookcheating.com. On that site, you can read articles to help you discover if your spouse is cheating, read stories of others who have experienced infidelity due to Facebook, and learn what to do with your Facebook page if you are going through a divorce.
So you ask, what exactly can be used against you from your Facebook page? EVERYTHING. Everything you say, every picture you post and every friend you have. Facebook comments, wall posts, status updates, friends, pictures and videos are admissible in Court for issues such as fault, custody, parenting time, child support, and property division.
In my own experience as a Michigan divorce lawyer, I have not only used Facebook evidence in divorce and custody proceedings, my opposing attorney has used the same against my own clients. For example, Facebook can be used to prove extra-marital relationships. It can be used to show alcohol use. Every disparaging comment said about your soon-to-be-ex-spouse is printed, saved, and presented to court to show that public derogatory comments are being made about the other spouse, and yes, that is considered by the court in a custody dispute.
It is absolutely essential to guard what you do online on Facebook if you are going through a divorce. The safest solution is to deactivate your Facebook page. This will take you page offline until you sign in next. You will not lose your friends, nor your posts or pictures—it will just take your page out of general public view. Once your divorce is final, then you can activate once again.
Some say that you should just adjust your privacy settings. However, remember that your friends will see everything you post—and during a divorce, sometimes your friends are not necessarily on your side. On the other hand, keeping your Facebook page allows you to see what your spouse may be doing, if they are on Facebook. After all, it is the war of the roses, right?
If you are interested in learning more about divorce, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Monday, December 6, 2010
Mental Disorders Affecting Americans
by Kristina Derro
A recent study by the Substance Abuse and Mental Health Services Administration (SAMHSA) revealed that more than 45 million Americans, or 20 percent of U.S. adults, had some form of a mental disorder last year. Of those individuals, 11 million suffered from a serious mental disorder to include bipolar or schizophrenia.
This rate included an increase in the finding of depression among adults. Researchers attributed this to the near-record rise in unemployment rates and financial struggles that most Americans had.
SAMHSA found that too many individuals were not getting the help that they needed and the opportunities to prevent a mental disorder, or intervene early when one was already diagnosed, were being missed. Unfortunately, researchers found that there was still a stigma associated with acknowledging and receiving help/counseling for a mental disorder. Compounding the problem was the fact that with the rise in unemployment what naturally follows is the loss of health insurance, leaving many individuals unable to receive treatment. This lack of treatment for individuals with mental disorders could lead to disability, substance abuse, suicides, lost productivity at work, and family discord.
A recent study by the Substance Abuse and Mental Health Services Administration (SAMHSA) revealed that more than 45 million Americans, or 20 percent of U.S. adults, had some form of a mental disorder last year. Of those individuals, 11 million suffered from a serious mental disorder to include bipolar or schizophrenia.
This rate included an increase in the finding of depression among adults. Researchers attributed this to the near-record rise in unemployment rates and financial struggles that most Americans had.
SAMHSA found that too many individuals were not getting the help that they needed and the opportunities to prevent a mental disorder, or intervene early when one was already diagnosed, were being missed. Unfortunately, researchers found that there was still a stigma associated with acknowledging and receiving help/counseling for a mental disorder. Compounding the problem was the fact that with the rise in unemployment what naturally follows is the loss of health insurance, leaving many individuals unable to receive treatment. This lack of treatment for individuals with mental disorders could lead to disability, substance abuse, suicides, lost productivity at work, and family discord.
Friday, December 3, 2010
Unemployability and Hearing Loss
by Kristina Derro
A recent decision by the Court, on one of our client’s claims, stressed the importance that VA must get a medical opinion before it summarily declined to refer an issue for extraschedular consideration for unemployability. Our client worked as an accountant, handling his clients’ taxes. He was forced to stop working because his hearing loss was so debilitating that he was prevented from talking with and understanding his clients. Fearing that he would accidentally submit something erroneous to the IRS because he did not hear his clients correctly, he stopped working. VA refused to refer our client’s claim for consideration for unemployability because it determined that the Veteran could still perform the physical and mental acts required by being an accountant, he just could not hear and understand his clients.
After we submitted our legal argument, the Court determined that the VA was wrong by not referring the case to a physician to make a determination on the effect the Veteran’s hearing loss had on his ability to remain employed. The Court chastised VA for using its own unsubstantiated opinion, and not relying on independent medical evidence from a physician on the topic. After all, one can reason that if the Veteran could not hear his clients, he would be unable to hear and understand any other employer as well.
A recent decision by the Court, on one of our client’s claims, stressed the importance that VA must get a medical opinion before it summarily declined to refer an issue for extraschedular consideration for unemployability. Our client worked as an accountant, handling his clients’ taxes. He was forced to stop working because his hearing loss was so debilitating that he was prevented from talking with and understanding his clients. Fearing that he would accidentally submit something erroneous to the IRS because he did not hear his clients correctly, he stopped working. VA refused to refer our client’s claim for consideration for unemployability because it determined that the Veteran could still perform the physical and mental acts required by being an accountant, he just could not hear and understand his clients.
After we submitted our legal argument, the Court determined that the VA was wrong by not referring the case to a physician to make a determination on the effect the Veteran’s hearing loss had on his ability to remain employed. The Court chastised VA for using its own unsubstantiated opinion, and not relying on independent medical evidence from a physician on the topic. After all, one can reason that if the Veteran could not hear his clients, he would be unable to hear and understand any other employer as well.
Thursday, December 2, 2010
What Happens if Mediation Fails?
by Wendy Alton
It looks like the judge will have to decide the fate of the Dodgers after all. While Frank & Jamie McCourt are waiting for the judge’s ruling in their divorce case, they agreed to meet again with a mediator to see if they could settle their differences.
After lengthy mediation sessions, the mediator submitted a proposed divorce settlement to both Frank & Jamie McCourt, and they had until noon on Tuesday, November 30, 2010, to either accept the settlement or reject it. Frank McCourt accepted the proposal, but Jamie rejected it.
While it is true that many divorce cases can settle during mediation, it is also true that some do not. In Michigan, people going through a divorce will often be required to go to mediation during their case. However, the mediator cannot force a settlement. The mediator can only try to assist both people in coming to a mutual agreement on their issues. If no agreement is reached, mediation is concluded and the case continues.
Sometimes this means that the case will continue to trial. Often, though, the case will still settle privately, as a good mediator will assist each person in seeing both sides of the issue, and also assist them in understanding how their judge will see the issues.
As far as the Dodgers go, this appears to be the last chance for any type of private settlement, as both Frank and Jamie McCourt have dug in their heels. Even though Frank accepted the mediator’s proposal, the proposal is not final unless both of them accept it. Jamie McCourt appears to want the judge to make the final decision, and that should be expected within the next couple of months.
You can read the LA Times article here: Jamie McCourt rejects divorce settlement proposal.
If you are interested in learning more about divorce, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
It looks like the judge will have to decide the fate of the Dodgers after all. While Frank & Jamie McCourt are waiting for the judge’s ruling in their divorce case, they agreed to meet again with a mediator to see if they could settle their differences.
After lengthy mediation sessions, the mediator submitted a proposed divorce settlement to both Frank & Jamie McCourt, and they had until noon on Tuesday, November 30, 2010, to either accept the settlement or reject it. Frank McCourt accepted the proposal, but Jamie rejected it.
While it is true that many divorce cases can settle during mediation, it is also true that some do not. In Michigan, people going through a divorce will often be required to go to mediation during their case. However, the mediator cannot force a settlement. The mediator can only try to assist both people in coming to a mutual agreement on their issues. If no agreement is reached, mediation is concluded and the case continues.
Sometimes this means that the case will continue to trial. Often, though, the case will still settle privately, as a good mediator will assist each person in seeing both sides of the issue, and also assist them in understanding how their judge will see the issues.
As far as the Dodgers go, this appears to be the last chance for any type of private settlement, as both Frank and Jamie McCourt have dug in their heels. Even though Frank accepted the mediator’s proposal, the proposal is not final unless both of them accept it. Jamie McCourt appears to want the judge to make the final decision, and that should be expected within the next couple of months.
You can read the LA Times article here: Jamie McCourt rejects divorce settlement proposal.
If you are interested in learning more about divorce, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Wednesday, December 1, 2010
VA Can’t Read
by Jim Fausone
VA just announced that it will test quicker ways to access private medical records. It wants a private contractor to quickly retrieve the records from the health-care provider, scan them into a digital format and send the material to VA through a secure transmission. But we have found that most Regional Office employees do not have a computer capable of reading CDs or DVDs. As a result, if you send them records on such media, the RO will simply drop it into the file and never look at what was submitted. This problem also exists at the Board and is acknowledged by all attorneys practicing in the field. The Secretary should stop "testing quicker ways" and provide the RO staff the technology they need to do their basic job.
Read more at: http://www1.va.gov/opa/pressrel/pressrelease.cfm?id=2012
VA just announced that it will test quicker ways to access private medical records. It wants a private contractor to quickly retrieve the records from the health-care provider, scan them into a digital format and send the material to VA through a secure transmission. But we have found that most Regional Office employees do not have a computer capable of reading CDs or DVDs. As a result, if you send them records on such media, the RO will simply drop it into the file and never look at what was submitted. This problem also exists at the Board and is acknowledged by all attorneys practicing in the field. The Secretary should stop "testing quicker ways" and provide the RO staff the technology they need to do their basic job.
Read more at: http://www1.va.gov/opa/pressrel/pressrelease.cfm?id=2012
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