by Jim Fausone
Veterans Disability Lawyer
Social media has made its way to the VA. Blogging is now in the VA's communication tool box. VA has hired former bloggers who were critical for VA to come to the other side and blog for VA. The mission is to revolutionize how the VA interacts with veterans on the Internet, so that veterans can get information, and people with complaints can get answers.
In theory this is a good idea. We will have to see how it develops over time. A lot of VA ideas are great but become corrupted by the system. Anyone using IRIS to get information on their claim only to get junk answers back or bad information knows how bad the system can be. We use it dozens of times a week and are appalled at how bad the information response is to the simplest Internet inquiry, like “what is the status of my claim.” Let’s hope the blogging tool does not just become a propaganda machine.
Read about how this came about below. I have also provided the blog link.
http://www.stripes.com/news/va-enlists-harsh-critics-as-it-belatedly-embraces-the-web-1.138798#
http://www.blogs.va.gov/VAntage/ 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.
Monday, March 28, 2011
Wednesday, March 16, 2011
Turning Up The Heat
by Paul F. Bohn
In an effort to curb Medicaid and Medicare abuse, the U.S. Attorney’s Office has ramped up its efforts in the Detroit Metropolitan area. Evidence of this is in the creation of the Health Care Fraud Prevention and Enforcement Action Team (HEAT) within the Department of Justice. A HEAT Medicare Strikeforce has recently been sent to the Detroit Metropolitan area and has identified over $120 million in Medicaid and Medicare abuse, charging hundreds of Defendants criminally.
Michigan is one of the few states that allows a private individual to sue and recover a portion of damages when others abuse the Medicaid and Medicare system. Often termed “whistleblower” suits, persons with knowledge of Medicaid and Medicare abuse and who report the same, may be eligible to share in the recovery. If you believe you have information that someone has been abusing Medicaid or Medicare, and want to discuss your options, please contact either Paul Bohn(248.380.0000, ext 243) or Mark Mandell (248.380.9976).
If is our desire to be the firm that helps your business grow and stands with you through the rough spots. When you need steady, professional advice, give us a call.
In an effort to curb Medicaid and Medicare abuse, the U.S. Attorney’s Office has ramped up its efforts in the Detroit Metropolitan area. Evidence of this is in the creation of the Health Care Fraud Prevention and Enforcement Action Team (HEAT) within the Department of Justice. A HEAT Medicare Strikeforce has recently been sent to the Detroit Metropolitan area and has identified over $120 million in Medicaid and Medicare abuse, charging hundreds of Defendants criminally.
Michigan is one of the few states that allows a private individual to sue and recover a portion of damages when others abuse the Medicaid and Medicare system. Often termed “whistleblower” suits, persons with knowledge of Medicaid and Medicare abuse and who report the same, may be eligible to share in the recovery. If you believe you have information that someone has been abusing Medicaid or Medicare, and want to discuss your options, please contact either Paul Bohn(248.380.0000, ext 243) or Mark Mandell (248.380.9976).
If is our desire to be the firm that helps your business grow and stands with you through the rough spots. When you need steady, professional advice, give us a call.
Monday, March 14, 2011
No Foreclosures for Service Members
by Jim Fausone
Veteran Disability Lawyer
Banks and mortgage companies continue to step in it. There are state and federal laws which protect service members from home foreclosure when they are active duty. But Michigan has recently had a case go to trial, and settle before the jury decided the case, on just this issue.
An Iraq War veteran settled his lawsuit against the bank that foreclosed upon and sold his house while he was overseas. James Hurley, 45, settled the lawsuit against Deutsche Bank Trust Co. and Saxon Mortgage Services on Thursday in the second week of a US District Court trial. Terms of the agreement are confidential . Sgt Hurley owned a house in Hartford, in Van Buren County, before foreclosure proceedings began in 2004. The settlement will not even the score for the 7 years of grief and aggravation he suffered.
This problem is so pervasive that Michigan Attorney General Bill Schuette recently issued a statement reminding banks and mortgage companies of this type of foreclosure is illegal. "Michigan service members should not be foreclosed upon while on active duty," said Schuette. "State and federal law offers legal protections to ensure our military families have a roof over their head while Mom or Dad fights for our freedoms." A congressional investigation was launched earlier this year to investigate reports of financial services companies foreclosing on military families and overcharging thousands for mortgages in violation of the federal Service members Civil Relief Act. This is why it is important for veterans and service members to know their rights.
http://www.michigan.gov/ag/0,1607,7-164--252507--,00.html
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 Disability Lawyer
Banks and mortgage companies continue to step in it. There are state and federal laws which protect service members from home foreclosure when they are active duty. But Michigan has recently had a case go to trial, and settle before the jury decided the case, on just this issue.
An Iraq War veteran settled his lawsuit against the bank that foreclosed upon and sold his house while he was overseas. James Hurley, 45, settled the lawsuit against Deutsche Bank Trust Co. and Saxon Mortgage Services on Thursday in the second week of a US District Court trial. Terms of the agreement are confidential . Sgt Hurley owned a house in Hartford, in Van Buren County, before foreclosure proceedings began in 2004. The settlement will not even the score for the 7 years of grief and aggravation he suffered.
This problem is so pervasive that Michigan Attorney General Bill Schuette recently issued a statement reminding banks and mortgage companies of this type of foreclosure is illegal. "Michigan service members should not be foreclosed upon while on active duty," said Schuette. "State and federal law offers legal protections to ensure our military families have a roof over their head while Mom or Dad fights for our freedoms." A congressional investigation was launched earlier this year to investigate reports of financial services companies foreclosing on military families and overcharging thousands for mortgages in violation of the federal Service members Civil Relief Act. This is why it is important for veterans and service members to know their rights.
http://www.michigan.gov/ag/0,1607,7-164--252507--,00.html
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, March 4, 2011
Rare US Supreme Court Case
by Jim Fausone
Veteran Disability Lawyer
It is rare for the US Supreme Court to take up a case involving veteran issues.
In a recent decision known as Henderson, Justice Samuel Alito said, “The (Department of Veterans Affairs) is charged with the responsibility of assisting veterans in developing evidence that supports their claims, and in evaluating that evidence, the VA must give the veteran the benefit of any doubt. Rigid jurisdictional treatment of the 120-day period for filing a notice of appeal in the Veterans Court would clash sharply with this scheme."
Alito said Congress, in writing the veterans’ judicial-review law, had not prevented judges from looking at individual situations to see whether a deadline exception was warranted. VA has been strict in using deadlines to kill off a veterans claim.
Veteran disability lawyers have argued for years the Court must look at the circumstances and apply legal concepts like equitable tolling. Now the US Supreme Court has indicated agreement. This should help veterans and tell VA to be more flexible in claim review. See the following article for more information.
http://www.armytimes.com/news/2011/03/ap-high-court-allows-flexibility-for-ill-veterans-030111/
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 Disability Lawyer
It is rare for the US Supreme Court to take up a case involving veteran issues.
In a recent decision known as Henderson, Justice Samuel Alito said, “The (Department of Veterans Affairs) is charged with the responsibility of assisting veterans in developing evidence that supports their claims, and in evaluating that evidence, the VA must give the veteran the benefit of any doubt. Rigid jurisdictional treatment of the 120-day period for filing a notice of appeal in the Veterans Court would clash sharply with this scheme."
Alito said Congress, in writing the veterans’ judicial-review law, had not prevented judges from looking at individual situations to see whether a deadline exception was warranted. VA has been strict in using deadlines to kill off a veterans claim.
Veteran disability lawyers have argued for years the Court must look at the circumstances and apply legal concepts like equitable tolling. Now the US Supreme Court has indicated agreement. This should help veterans and tell VA to be more flexible in claim review. See the following article for more information.
http://www.armytimes.com/news/2011/03/ap-high-court-allows-flexibility-for-ill-veterans-030111/
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, March 3, 2011
Sacrifice of Few for Many
by Jim Fausone
Veteran Disability Lawyer
My nephew is still in Afghanistan with the Marines. His year is almost up. My wife, a retired Brigadier General, and I pray he returns safely. But it is clear that not all families in this country are making sacrifices during this decade of war. While an all volunteer military is a good idea, it is important to make sure that those that are sacrificing get all the benefits they have earned. One General that has made the sacrifice and lost a son in the process is Lt. Gen. Kelly.
"Their struggle is your struggle," Lt. Gen. Kelly said "If anyone thinks you can somehow thank them for their service, and not support the cause for which they fight - our country - these people are lying to themselves. . . . More important, they are slighting our warriors and mocking their commitment to this nation."
A well written and informative article about Kelly and sacrifice is attached.
http://www.washingtonpost.com/wp-dyn/content/article/2011/03/01/AR2011030106355.html?nav=hcmodule
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 Disability Lawyer
My nephew is still in Afghanistan with the Marines. His year is almost up. My wife, a retired Brigadier General, and I pray he returns safely. But it is clear that not all families in this country are making sacrifices during this decade of war. While an all volunteer military is a good idea, it is important to make sure that those that are sacrificing get all the benefits they have earned. One General that has made the sacrifice and lost a son in the process is Lt. Gen. Kelly.
"Their struggle is your struggle," Lt. Gen. Kelly said "If anyone thinks you can somehow thank them for their service, and not support the cause for which they fight - our country - these people are lying to themselves. . . . More important, they are slighting our warriors and mocking their commitment to this nation."
A well written and informative article about Kelly and sacrifice is attached.
http://www.washingtonpost.com/wp-dyn/content/article/2011/03/01/AR2011030106355.html?nav=hcmodule
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
Wednesday, March 2, 2011
Korea DMA Agent Orange
by Jim Fausone
Veterans Disability Lawyer
We hear from veterans who served in Thailand, Korea, Japan, Philippines, etc., that claim to be exposed to Agent Orange. Boots on the ground in Vietnam results in presumed AO exposure. The evidence about certain Thailand bases is pretty solid. VA also recognizes spraying of AO around the Korean DMZ.
Under the final regulation published Jan. 25, 2011 in the Federal Register, VA will presume herbicide exposure for any veteran who served between April 1, 1968, and Aug. 31, 1971, in a unit determined by VA and the Department of Defense to have operated in an area in or near the Korean DMZ in which herbicides were applied. However, many SE Asia veterans exposed to AO at logistic depots, navy vessels, air transport do not get treated the same.
To read about the new regulations dealing with the Korean DMZ, see the following article:
http://durangoherald.com/article/20110227/COLUMNISTS17/702279993/-1/s
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
Veterans Disability Lawyer
We hear from veterans who served in Thailand, Korea, Japan, Philippines, etc., that claim to be exposed to Agent Orange. Boots on the ground in Vietnam results in presumed AO exposure. The evidence about certain Thailand bases is pretty solid. VA also recognizes spraying of AO around the Korean DMZ.
Under the final regulation published Jan. 25, 2011 in the Federal Register, VA will presume herbicide exposure for any veteran who served between April 1, 1968, and Aug. 31, 1971, in a unit determined by VA and the Department of Defense to have operated in an area in or near the Korean DMZ in which herbicides were applied. However, many SE Asia veterans exposed to AO at logistic depots, navy vessels, air transport do not get treated the same.
To read about the new regulations dealing with the Korean DMZ, see the following article:
http://durangoherald.com/article/20110227/COLUMNISTS17/702279993/-1/s
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
Tuesday, March 1, 2011
Forging the Path on Check Fraud: The Basics
Check fraud is a common source of criminal activity in our modern society. In a 2009 study by the American Bankers Association (ABA), the estimated bank losses due to fraudulent check schemes were nearly $1.024 billion in 2008. The ABA also reported that 80% of all banks experienced fraudulent check related losses. Check fraud has many different faces and comes in many different forms, such as: forged checks; the use of stolen checks; writing checks knowing the account has insufficient funds; and the making of false statements to induce the payment by check.
The consequences of check fraud in Michigan vary depending on the circumstances surrounding the fraudulent activity. The amount of the fraudulent check and whether someone has any previous offenses determines the severity of the charges.
Check fraud will fall under one of the following three offenses:
1. When the check is less than $100.00 -
• first offense – misdemeanor punishable by imprisonment for 93 days or less, or a fine not to exceed $500.00,
• offense following one or more prior convictions – misdemeanor punishable by imprisonment for 1 year or less, and/or a fine not to exceed $1,000.00;
2. When the check is $100.00 or more but less than $500.00 -
• first offense or second offense – misdemeanor punishable by imprisonment for 1 year or less, or a fine not to exceed $1,000.00 or 3 times the amount of the check (whichever is greater), or both imprisonment and a fine
• third offense or more – felony punishable by imprisonment for 2 years or less and/or a fine not to exceed $2,000.00;
3. When the check is $500.00 or more -
• felony punishable by imprisonment for 2 years or less, or a fine not to exceed $2,000.00 or three times the amount of the check (whichever is greater), or both imprisonment and a fine.
If you have been charged with check 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 or visit our website at http://www.michiganfraudlawyer.com/
The consequences of check fraud in Michigan vary depending on the circumstances surrounding the fraudulent activity. The amount of the fraudulent check and whether someone has any previous offenses determines the severity of the charges.
Check fraud will fall under one of the following three offenses:
1. When the check is less than $100.00 -
• first offense – misdemeanor punishable by imprisonment for 93 days or less, or a fine not to exceed $500.00,
• offense following one or more prior convictions – misdemeanor punishable by imprisonment for 1 year or less, and/or a fine not to exceed $1,000.00;
2. When the check is $100.00 or more but less than $500.00 -
• first offense or second offense – misdemeanor punishable by imprisonment for 1 year or less, or a fine not to exceed $1,000.00 or 3 times the amount of the check (whichever is greater), or both imprisonment and a fine
• third offense or more – felony punishable by imprisonment for 2 years or less and/or a fine not to exceed $2,000.00;
3. When the check is $500.00 or more -
• felony punishable by imprisonment for 2 years or less, or a fine not to exceed $2,000.00 or three times the amount of the check (whichever is greater), or both imprisonment and a fine.
If you have been charged with check 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 or visit our website at http://www.michiganfraudlawyer.com/
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