Fausone Bohn, LLP

Jobs for Veterans

2012-01-16T16:23:00.002-05:00

Our veterans from the Iraq and Afghanistan wars are coming home and looking for work. There is probably no better solution to the difficulty of reintegration into civilian life than having a good job. Everyone has a different definition of good job. Some look at the pay or the benefits or the type of work, or being indoor or outdoor or the hours. I believe military men and women make great employees. They bring maturity, experience and understanding the mission. By and large they are not whiners about trivial matters. Veterans have experienced real hardships and the little things don't matter. But the reintegration challenge is not a one size fits all. Some vets have never been on a job interview or drafted a resume. We can all help veterans looking for work by advising and networking with them. The Stars and Stripes recently reported on getting hired. You may want to pass this along to a comrade in need.

http://www.stripes.com/news/veterans/get-hired

Vietnam Veterans Memorial Fund

2012-01-05T11:38:00.002-05:00

By Chandra Briggs

In 1982, The Vietnam Veterans Memorial Fund (VVMF) completed construction of The Wall and now the VVMF is working again to complete another mission by building The Education Center. We’ve been asked to help create awareness and to get the word out about the National Call for Photos campaign. The VVMF is trying to collect a photograph for each of the more than 58,000 men and women whose names are inscribed on The Wall. The VVMF is hoping the pictures that are collected will help to educate our children and grandchildren about the Vietnam War. The pictures will be used to help bring The Wall to life for all future generations by telling the story of the Vietnam War through the personal stories of those whose names appear on it.

Please visit http://www.vvmf.org/pafwan to see the many ways you can help.

With ground-breaking for the Education Center set for November 11, 2012; funds are still needed for completion. You can donate by texting WALL to 20222 to make a $10 donation to VVMF.

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

Undiagnosed Illness by VA

2012-01-04T14:30:00.002-05:00

Jim Fausone
Veteran Disability Lawyer

When you are sick and no one knows why it is frustrating. If you are a veteran and believe that the undiagnosed illness is service related the frustration is heightened by VA's refusal to grant disability compensation.

Veterans of the Persian Gulf War with undiagnosed illnesses have an additional five years to qualify for benefits from the VA. “Not all the wounds of war are fully understood,” said Secretary of Veterans Affairs Eric K. Shinseki. “When there is uncertainty about the connection between a medical problem and military service, Veterans are entitled to the benefit of the doubt.” A recent change in VA regulations affects Veterans of the conflict in Southwest Asia. Many have attributed a range of undiagnosed or poorly understood medical problems to their military services. Chemical weapons, environmental hazards and vaccinations are among the possible causes. At issue is the eligibility of Veterans to claim VA disability compensation based upon those undiagnosed illnesses, and the ability of survivors to qualify for VA’s Dependency and Indemnity Compensation.

Under long-standing VA rules, any undiagnosed illnesses used to establish eligibility for VA benefits must become apparent by Dec. 31, 2011. The new change pushes the date back to Dec. 31, 2016.
http://www.va.gov/opa/pressrel/pressrelease.cfm?id=2239

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

Reading Your Spouse's Email Could be a Crime

2012-01-04T13:50:00.003-05:00

By Wendy Alton

If you haven’t been following the Oakland County, Michigan criminal case against Leon Walker, now is the time to do it.

I previously blogged about the criminal charges pending against Leon Walker: Reading your spouse’s emails: snooping or hacking? (http://tiny.cc/kmm4y). Leon Walker and his wife Clara Walker were living together, but going through a divorce. Leon Walker logged into Clara Walker’s Gmail account on her computer by guessing her password. While logged in, Leon Walker printed a number of emails between Clara Walker and a friend, and theses emails revealed that Clara Walker was having an affair with her second ex-husband. Leon Walker, her soon to be third ex-husband, printed these emails off and gave them to Clara Walker’s first ex-husband, who used the emails as a basis to file an emergency motion for custody of their child.

Leon Walker was charged with violating Michigan law MCL 752.795, which states that a person cannot “intentionally and without authorization” access a computer, computer program, computer network, or computer system, to “acquire, alter, damage, delete, or destroy property.” The same law prohibits spam and viruses. Despite the fact that they were married at the time he accessed her email, and despite the fact that the computer was purchased by him and her password was not always kept a secret, Prosecutor Jessica Cooper charged him with a felony that is normally reserved for serious hackers—and Leon Walker now faces a penalty of up to five years in prison.

Leon Walker appealed his charges to the Michigan Court of Appeals. On December 27, 2011, the Michigan Court of Appeals released its opinion, and upheld the charges against Leon Walker.

The Michigan Court of Appeals determined the following:

1) Leon Walker intentionally accessed the account by guessing her password, and his intention was also revealed by him printing emails and distributing them to a third party;
2) Leon Walker accessed the account without authorization because Clara Walker testified that she never shared her password with him, and he didn’t even use her computer;
3) By accessing Clara Walker’s Gmail account, Leon Walker did access a computer (Gmail email is stored on Gmail servers), did access a computer network (Gmail emails are sent to the user over the internet), did access a computer program (Gmail itself is a program), and did access a computer system (Gmail servers act as a computer system;
4) Leon Walker acquired the emails by viewing, printing and distributing them, which is essentially acquiring property of someone else.

The Michigan Court of Appeals ruled that the criminal charges against Leon Walker should stand, as his actions satisfy the elements of the criminal statute. The case is now sent back to Oakland County so that a trial date can be set. It is unknown if Leon Walker will appeal to the Michigan Supreme Court, and even if he does, even more unknown if the Michigan Supreme Court will hear the case.

What are the practical consequences of this case and this Michigan Court of Appeals ruling? Your email is absolutely private unless you share your password with someone else or authorize them to check your email. If you do not share your password or permit someone access, it is a crime for them to access your account without your permission. This is equally true for strangers as well as for spouses—there is no spousal exception.

If you are going through a divorce, it is best to leave your spouse’s email and facebook accounts alone. The Michigan Court of Appeals has made it very clear that unless permission is given, it is a crime. Oakland County has made it very clear that it will prosecute. It is likely that other counties will follow their lead.

Read the Michigan Court of Appeals case here: http://coa.courts.mi.gov/documents/opinions/final/coa/20111227_c304593_54_304593.opn.pdf.

Read the news articles here:

“E-mail snooper loses appellate bid” http://tiny.cc/ruy7u.

“Michigan man may face trial in computer hacking case” http://tiny.cc/jvlcr.

If you are interested in learning more about family law or divorce, or have a question about those issues, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

Drone Operators’ Mental Illness

2011-12-19T11:25:00.000-05:00

By Jim Fausone
Veterans Disability Lawyer

After hearing from thousands of veterans, I know that the stress of military life and war impact every veteran.

Over the next decade, I can only imagine the disability claims that will be submitted by drone operators. It is probably predictable that the VA will deny these claims because the service members were not in combat. However, the DOD's own research acknowledges the stress placed on the men and women who operate drones. About one in three airmen who operate cameras on high-altitude, remotely controlled spy planes and 30% of those who fly attack drones used to kill terrorists have emotional exhaustion. An Air Force psychologist conducted a six-month study of drone operators from 2010 to 2011. Researchers found clinical distress and mental illnesses such as anxiety or depression. Sixty-five percent to 70% of those with mental illness signs are not seeking treatment for it, researchers found. Nearly 900 Air Force personnel were surveyed. Seventeen percent are women and 60% married. When they were first asked broadly about burnout, nearly half admitted it.

Let’s hope VA does not forget the impact the war has on these men and women.

http://www.usatoday.com/news/military/story/2011-12-18/study-drone-operators-exhaustion/52053016/1

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

Transition Back to Civilian Life

2011-12-14T08:30:00.000-05:00

By Jim Fausone
Veterans Disability Lawyer

We are hearing more about and are coming to understand, the transition from military life back to civilian life for soldiers that have been deployed. There are things you get use to things in the service like routine, respect, order, and chain of command among other things. Yet when soldiers integrate back into the civilian world it’s about chaos, noise, bills, unemployment, disrespect, just to name a few.

Almost 44% of the troops find returning home to be difficult. A recent survey provides some surprising insights. According to the Pew Research Center study, being married during deployment is one of the variables that can make the transition back more difficult. But attending religious services regularly made the transition easier. The Pew Research Center looked at a total of 18 variables and found that race, age at the time of discharge, having children under 18 while serving, length of service and number of deployments did not affect a veteran’s transition. This research may help Department of Defense (DOD) target and understand the troops that may need additional help while in the transition. Furthermore the general public should also be made more aware of these results so that they too can provide the necessary support that is needed during the transition.

http://www.stripes.com/news/study-transition-to-civilian-life-harder-for-married-troops-1.162892

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

Is Annulment an Option?

2011-12-13T14:34:00.002-05:00

by Wendy Alton

So Kim Kardashian files for divorce, and her husband Kris Humphries files instead for an annulment, listing fraud as the grounds for his request. Does he have a chance at succeeding, and what exactly is an annulment?

In the state of Michigan, you can end your marriage by filing for one of three things: divorce, separate maintenance (legal separation), or annulment. An annulment is only granted if the marriage itself was void from the beginning or the marriage is voidable.

A void marriage in Michigan is a marriage that could not have taken place legally from the beginning. What this means is that there was consanguinity, affinity, bigamy, minority, incapacity or incompetency. In simple, plain English, this means the following:

· Consanguinity: you married a blood relative prohibited by law.
· Affinity: you married a blood relative of your spouse prohibited by law.
· Bigamy: you married someone who was already married.
· Minority: you or your spouse is under the age of 16, or between 16 and 18 and you didn’t get a parent’s consent.
· Incapacity & Incompetency: you or your spouse has a mental illness or is mentally incompetent to the degree that you or your spouse cannot enter into a contract.

Marriages that are void as a matter of law (examples above) can be ended with an annulment.

Voidable marriages in Michigan mean marriages that can be voided for fraud, duress, sterility and impotence. Sterility and impotence must be incurable. In order to have your marriage annulled for these reasons, you must file for an annulment within two years of the marriage. Examples of fraud and duress are as follows:
· You marry someone to obtain a green card (for immigration purposes only).
· A person is induced to marry because they are told that a child is biologically theirs, and this turns out not to be true.
· You marry under the influence of drugs or alcohol.
· You marry someone who is barren or sterile and they do not tell you.
· You marry because you are threatened. (duress)

The grounds for a voidable marriage must be proven with clear and convincing evidence in order to obtain an annulment.

There are, however, defenses to annulment. This is particularly so if the spouse finds out about any of the reasons above and still lives with the other person even after finding out. Cohabitation is a defense, and can overcome any request for an annulment based upon voidable grounds.

Whether or not Kris Humphries will succeed with an annulment remains to be seen. Fraud can be difficult to prove, and it is something he has to prove with clear and convincing evidence. Just the fact that the marriage was short-lived is not a basis in and of itself to seek an annulment. In any case, it should prove interesting to see if the annulment moves forward or if the court determines that there is no basis, and will only grant a divorce.

Read the USA Today article here: Kris Humphries files to annul on grounds of fraud.

If you are interested in learning more about family law or divorce, or have a question about those issues, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

Purple Heart Earned

2011-12-08T12:10:00.000-05:00

By Jim Fausone
Veteran Disability Lawyer

We get asked about how to obtain a Purple Heart by veterans on a regular basis. This issue has even infiltrated pop cultures. The CBS show "Harry's Law" about a quirky law firm recently had a story line about an Iraq veteran who suffered a Traumatic Brain Injury (TBI), but did not get a Purple Heart. Since this is the military, it starts with filling out a form. DD Form 149 is a request to correct military records. The veteran is asking the Department of Defense (DOD) to adjust its military records to reflect that a combat injury was received, sufficient to require medical treatment, and that a Purple Heart was earned. You must explain, document, and prove the nature of the injury. As you start the process you should obtain a copy of your discharge papers, otherwise known as a DD214, and see if it reflects wounded in combat. If not you will have to gather service or medical records to prove the combat injury. A recommendation for the citation from your unit commander will go a long way or a buddy statement about the conditions under which the injury was received. It is a long process but worth it to prove ones status and obtain the recognition and benefits that go with the Purple Heart. Once the forms and evidence are sent into your service branch for review and the waiting will begin. A veteran service organization (VSO), or other veterans advocate, should be contacted to help you. The link to DD149 is below.

http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd0149.pdf

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

Ancestry.com Helps Veterans

2011-12-05T08:55:00.002-05:00

By Jim Fausone
Veterans Disability Lawyer

As a national firm helping veterans with disability claims, we use a lot of different tools to fill in the facts on fuzzy memories. Often the veterans need buddy statements from guys they simply recall by first name "Bruce" or nickname "Curly", "Lefty" or "Hoosier". We check unit records and other service records and help the veteran jog their memory so than can find that long-lost friend or that unlucky soul that died in the attack. It is with that experience in mind that an article about Ancestry.com caught our attention. You know Ancestry as the web based company that helps people doing genealogy.

The Provo, Utah, based website has been adding historical records to its site for the past 15 years, accumulating more than 7 billion records. It normally charges a monthly fee to its users but until December 7, 2011 it is free. Of particular interest for those searching veterans' records are the World War II Navy Muster Rolls, which include 33 million quarterly reports filed from 1939-49, detailing the location, rank and other information about nearly all enlisted personnel who served aboard ships during those years. Previously unreleased draft cards, cemetery records, photos, and information about various ships are also available.

You can read more at http://www.stripes.com/news/us/website-makes-wwii-records-available-for-free-through-dec-7-1.162316

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

Should the State be Allowed to Place Obese Children in Foster Care?

2011-12-02T09:26:00.001-05:00

By Wendy Alton

In Michigan, the state has the power to remove children from their parents’ home if there has been abuse or neglect, and the child is unsafe. There are rigorous laws and regulations to be followed, but the ultimate goal is to protect the child.

An interesting definition of neglect was just used by the state of Ohio to remove an 8 year old from his home. A 3rd grade boy in Cleveland was removed from his parents’ home and placed in foster care for what the county termed “medical neglect.” However, what constituted “medical neglect” was actually obesity.

The 8 year old boy weighs more than 200 pounds. The county agency indicated that they had been working with the mother for the last 20 months in order to get his weight down. The mother’s failure to control his weight is what the county considered medical neglect, and the court agreed. The boy was removed from his mother’s home and placed in foster care.

While details of the weight struggle are missing from the news coverage, it does appear that the boy did not suffer from any significant medical conditions. He was diagnosed last year with sleep apnea, which is when the county became involved. Other than that, there appears to be no evidence of any other medical conditions. In Michigan, a child is not removed from their parents’ home unless there is evidence of neglect or abuse and the child is not safe. Is an obese child not safe if there are no other medical conditions?

With obesity being a nationwide problem, it raises some interesting questions.

Read the ABC News article here: Ohio puts 200-pound third-grader in foster care.

If you are interested in learning more about family law or divorce, or have a question about those issues, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

Mental Health Service Insufficient

2011-12-02T08:53:00.002-05:00

By Jim Fausone
Veterans Disability Lawyer

When the Wounded Warrior Project speaks, people listen - even Congress. The Department of Veterans Affairs (VA) should take immediate action to solve systemic gaps in mental health care for veterans according to WWP. During Congressional testimony, WWP discussed its findings of a survey of over 935 respondents and emphasized the major changes the VA must implement swiftly in order to enact improvements to its responsiveness and effectiveness.

The WWP survey found that 62 percent of respondents requested mental health care through the VA. As reported, 40 percent had difficulty in receiving the mental health care necessary or did not receive treatment needed. The survey found some common and recurring issues:

Lack of available mental health providers;
Not seeing the same therapist twice;
Difficulty in obtaining appointments with flexible scheduling surrounding work/personal commitments;
Distance to available VA clinics or hospitals.

VA and this Country can and must do better. Read more about WWP and this survey at:

http://www.marketwatch.com/story/wounded-warrior-projecttm-testifies-before-us-senate-urges-immediate-va-action-to-improve-access-and-effectiveness-of-mental-health-care-for-veterans-2011-11-30

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

PTSD Controlled by a Shot?

2011-11-28T15:06:00.001-05:00

By Jim Fausone
Veterans Disability Attorney

The number of troops that return with PTSD (Post-Traumatic Stress Disorder), can range as high as 30% of the force in combat. Some veterans suffer mild PTSD and with counseling and support can get past it. Many others are debilitated by the effects of war and post-traumatic stress. A Chicago based anesthesiologist has proposed that a shot of a local anesthetic in the neck, a stellate ganglion block, can and will provide relief.

Dr. Lipov explains there is a group of nerves in the neck called a stellate ganglion that is a part of the sympathetic nerve system; which among other things sends pain messages to the brain and controls stress, including the fight-or-flight response. When someone experiences trauma, the stellate ganglion produces an increased amount of nerve growth factor, which causes excess nerves to sprout in the brain, according to Lipov. This leads to overactive stress response and anxiety, Dr. Lipov hypothesizes. By injecting the stellate ganglion with anesthetic, the nerve growth factor returns to normal levels, the excess nerves die off and the symptoms subside. The shot settles down the sympathetic nervous system, resetting the brain to where it was before the trauma. Dr. Lipov has tried this on 12 PTSD patients with success while an Army doctor, Lt. Col. Sean Mulvaney, replicated those same results with 15 PTSD patients at the Walter Reed Army Medical Center.

But a full scale clinical trial costs money and the DOD (Department of Defense) has not agreed to fund his research. An extensive report on this idea was recently discussed in the attached article. This country owes our veterans to give this research a try and not wait decades as veterans suffer the effects of PTSD.

http://www.stripes.com/doctor-ptsd-injection-can-work-miracles-but-dod-won-t-fund-it-1.156866#

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

Grandparent Visitation Statute Faces Scrutiny Once Again

2011-11-18T10:28:00.002-05:00

by Melissa Cox

Does a grandparent have the right to visitation with their grandchild? This is a common yet difficult inquiry often faced by family law attorneys. Most current state laws are restrictive and ignore the bond between grandparent and grandchild in favor of a parent’s constitutional right to decide what is best for his or her own child. The dispute has played out in courts across the nation for decades and the question is, once again, before the U.S. Supreme Court.

In the 2000 landmark case of Troxel v Granville, the U.S. Supreme Court made a competent parents’ decision the guiding principle in most grandparent right disputes. The heart of the decision is a statement that “fit parents” are presumed to act in their children’s best interests. The state should not, therefore, “inject itself into the private realm of the family” to question the decisions of those parents.

As with any U.S. Supreme Court decision, the Troxel holding had far-reaching repercussions, and many states amended their current laws to meet the constitutional threshold set forth in Troxel. In the 2003 case of Derose v Derose, the Michigan Supreme Court declared its current grandparent visitation law unconstitutional. A new statute was passed in 2005. On June 5, 2007, the Michigan Court of Appeals in the case of Keenan v Dawson held that Michigan’s 2005 grandparent visitation statute is constitutional.

According to the 2005 statute, a court may award visitation--called "grandparenting time"--to a grandparent if any of the following apply: (a) an action for divorce, separate maintenance, or annulment involving the child’s parents is pending before the court; (b) the child’s parents are divorced, separated under a judgment of separate maintenance, or have had their marriage annulled; (c) the child’s parent who is a child of the grandparents is deceased; (d) the child’s parents have never been married, they are not residing in the same household, and paternity has been established; (e) legal custody of the child has been given to a person other than the child’s parent or the child is placed outside of and does not reside in the home of a parent; or (f) in the year preceding the commencement of the action for grandparenting time, the grandparent provided an established custodial environment for the child, whether or not the grandparent had custody under a court order. However, may is the operative word in the preceding 6 scenarios because if a fit parent opposes the grandparent’s petition, the grandparent must prove the parent’s decision to deny grandparenting time creates a substantial risk of harm to the child’s mental, physical, or emotional health. This is often an insurmountable task, which, if not accomplished, results in the dismissal of the action.

The U.S. Supreme Court is expected to decide this winter whether it will revisit the issue of grandparents’ rights. Inherent in that decision is the risk that the Troxel holidng could be overturned. Consequently, Michigan’s 6 year-old grandparenting law may also be in jeopardy.

If you are interested in learning more about grandparent rights, divorce, or family law, please call Melissa Cox at 248-380-0000 ext. 240 or email her at mcox@fb-firm.com.

http://yourlife.usatoday.com/parenting-family/story/2011-11-07/States-grandparent-visitation-laws-raise-concern/51104940/1

No Privacy on Facebook if Judge Orders you to Turn over your Password

2011-11-16T08:10:00.002-05:00

By Wendy Alton

I have published blog articles in the past recommending that divorcing couples completely shut down their facebook page while they are going through a divorce. In the alternative, I have recommended that at least you set your privacy settings as high as possible so that any information you post cannot be viewed publicly. However, after the recent ruling from a Connecticut family law judge, I think I may go back to my first advice—shut it down. And not just facebook—everything online.

In Connecticut, a husband in a divorce case viewed some information on his wife’s facebook page that he thought would assist him in his custody battle. During his wife’s deposition, the husband’s attorney asked the wife for her passwords. She refused, but then turned them over on the advice of her attorney. (maybe not such a great idea).

But then she had second thoughts. She immediately texted a friend and had her friend log in and delete some things and change her password. Of course this was noticed by the husband and his attorney, who then brought the issue before the Judge.

What did the Judge rule? The judge ruled that the attorneys had to exchange the client’s passwords so that they could each log into each other’s accounts to do their own digging. Really.

This is a drastic move away from normal discovery. In normal discovery (the information gathering part of a lawsuit), one person asks for information (documents, answers, etc), and the other person gives it over. You ask for emails, or contact lists, not passwords so that you can just freely roam in someone’s account. It is highly unusual to ask for, and even more unusual to receive, someone’s log-in for their email, facebook, myspace, google+, etc…

If people themselves have a hard time keeping up with the social media explosion, one can only imagine the difficulty that the courts have in deciding issues like this. These are uncharted waters, and unfortunately this is a precedent that has been set that is likely a step in the wrong direction.

Again, if you are going through a divorce, it is best to shut down all of your social media. Don’t let anything you say or do online become a part of your divorce trial. It is a simple and safe step to limiting your battles, and perhaps possibly winning the war.

Read the Forbes article here: Judge Orders Divorcing Couple to Swap Facebook and Dating Site Passwords.

If you are interested in learning more about family law or divorce, or have a question about those issues, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

Donation Day at Gleaners Community Food Bank

2011-11-14T10:24:00.001-05:00

Today is double your donation day at Gleaners Community Food Bank of Southeastern Michigan. For over thirty years, Gleaners has been providing healthy and nutritious meals to millions of homeless and disadvantaged people. By giving today, your donation will be matched doubling the number of meals Gleaners can provide. Ninety-six cents of every dollar you donate does directly to providing food. Donate today!

Gleaners Community Food http://www.gcfb.org

Pre-Nuptial Agreement is Protection for More than Just a Business

2011-11-11T15:37:00.002-05:00

by Wendy Alton

Forbes published an article this week titled “Protecting Your Business In a Divorce: Pre-Nuptial Agreement.” It is an excellent article, and a reminder that prenuptial agreements are useful for protecting more than just a business.

Prenuptial agreements are agreements made between couples who are planning on getting married. Those agreements will state what happens with their money and property if they ever divorce or die. It can dictate how they will purchase things and how they will share debt. It can indicate whether or not spousal support or alimony will be awarded if they divorce.

Prenuptial agreements are very common when two people are bringing significant assets of their own into the marriage, or even significant debt. They are also common when people are marrying later in life and they have grown children they want to provide for if they were to pass away. They are common with people who are marrying for the 2nd or 3rd time, or for people who have businesses that they have started or have inherited through the family. They are far more common than they used to be.

Prenuptial agreements can be useful even when there are not business interests at stake.

Read the Forbes article here: Protecting Your Business in a Divorce: Pre-Nuptial Agreement.

If you are interested in learning more about prenuptial agreements, family law or divorce, or have a question about those issues, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

White House to Okay More Aid for Veterans to Find Jobs

2011-11-10T08:40:00.001-05:00

by Kristina Derro
Veteran Disability Lawyer

With unemployment rates for veterans well-above the national average of 9 percent, President Obama announced three more executive actions to help veterans to find work. This piggybacks on two tax credits that are part of the President’s proposed jobs bill. The Returning Heroes Tax Credit provides firms that hire unemployed veterans with a maximum credit of $5,600 per veteran. The Wounded Warriors Tax Credit offers firms that hire veterans with service-connected disabilities a maximum credit of $9,600 per veteran.

The three executive actions include making a new online service to help veterans find work, creating a veterans job bank, and a veterans’ “gold card” which grants them special services and care at career centers. Unemployment for veterans stands at 11.7 percent, versus the national rate of 9.1 percent. With the remaining 40,000 U.S. troops being pulled out of Iraq by the end of the year, and some of them being discharged and returning to the U.S. job market, something needs to be done to help our most deserving population.

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

Bad Employees Have to Go

2011-11-09T11:33:00.001-05:00

by Jim Fausone

Here at Fausone-Bohn, LLP, we represent a lot of small business owners. As a group they are thoughtful, compassionate and dedicated. Often they cannot understand why a particular employee is not also dedicated to the job. There are plenty of studies that a bad apple ruins the barrel. In referring to employees a recent Wall Street Journal article was titled “How a Few Bad Apples Ruin Everything.” It is suggested by the academics that “having just one slacker or jerk in a group can bring down performance by 30% to 40%.” To stop bad behavior it is not enough to talk about or model good behavior. It is necessary to “censure bad behavior” according to Wharton operations and information management professor Maurice E. Schweitzer.

In the WSJ article Robert Sutton, a professor at Stanford University, states that bad apples are “remarkably contagious,” and that leaders who ignore the fact that certain employees are rude, lazy or incompetent “are setting the stage for even their most skilled people to fail.” As business lawyers we are often asked to give advice on employment problems. It may seem harsh, but discipline and termination of the bad apple is often the best advice. Owners, and even lawyers, have compassion for their employees and their families. But feeling bad about having to discipline or terminate a bad apple is detrimental to the company. By reading the Wharton article or the WSJ article you may feel more comfortable that you are doing the right thing for you, your company, and its employees.

http://knowledgetoday.wharton.upenn.edu/2011/11/the-bad-apple-syndrome

http://online.wsj.com/article/SB10001424052970203499704576622550325233260.html?KEYWORDS=a+few+bad+apples

Small Tokens of Appreciation this Veterans Day

2011-11-08T08:35:00.003-05:00

by Chandra Briggs

This November 11th reminds us to give thanks to the brave soldiers that have fought to keep America the land of the free. Companies across the United States are showing their appreciation by offering freebies to Veterans. Keep in mind, you’ll have to bring along proof of military service such as a U.S. Uniform Service ID card, U.S. Uniform Services Retired ID card, current Leave and Earnings statement, photograph in uniform, be wearing your uniform, a veteran’s organization card such as American Legion or VFW, or a DD214. Also note that the offers may vary by location, click on the link of the Company to verify for your locale.

· Bed & Breakfast (Free night’s stay Thursday Nov. 10)
· Outback Steakhouse (A week of Free Bloomin’ Onions and Cokes, Monday Nov. 7 – Friday Nov. 11)
· Uno Chicago Grill (19.43% Discount off food bill, Monday Nov. 7- Friday Nov. 11)
· Famous Dave’s (Free meal or discount, Friday Nov. 11 At participating locations, please call ahead)
· Applebee’s (Free meal, Friday Nov. 11)
· Chili’s (Free meal, Friday Nov. 11)
· Texas Roadhouse (Free meal, Friday, Nov. 11 At participating locations, please call ahead)
· Hooters (Free Meal, Friday, Nov. 11)
· Denny’s (Free Grand Slam Breakfast, Friday, Nov. 11 from 6am-10pm)
· Subway (Free 6inch Sub, Friday, Nov. 11 At participating locations, please call ahead)
· T.G.I. Friday’s (Buy one meal get one free, Nov. 11 At participating locations, please call ahead)
· Tim Horton’s (Free doughnut, Friday Nov. 11)
· Krispy Kreme (Free doughnut, Friday Nov. 11)
7-Eleven (Free small Slurpee drink, Friday, Nov. 11 from 11am-7pm)
· Amazon (Free MP3 Album Download of “Veterans Day Honor” Friday Nov. 11)
· McCormick & Schmick’s Seafood Restaurants (Free lunch or dinner, Sunday Nov. 13)
· Golden Corral (Free meal, Monday Nov. 14 from 5pm-9pm)
· Colonial Williamsburg (Free Admission for Vets & their Families, Friday Nov. 11 – Sunday Nov. 13)
· National Parks Service (Free Admission for Vets & their Families, Friday Nov. 11 – Sunday Nov. 13)
· Anheuser-Busch Parks (Free night’s stay, Thursday Nov. 10)

To contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Water and Sewerage Board Changes

2011-11-07T09:45:00.002-05:00

Water & Sewerage Board Changes

One of the firm's founding partners, Jim Fausone, was appointed to the Detroit Water and Sewerage Department Board of Water Commissioners earlier this year. DWSD supplies water and sewer services to almost 4,000,000 residents in southeast Michigan. The BOWC oversees policy, sets rates, approves contracts and hires the director of DWSD. BOWC sets the department’s $600,000,000 annual budget and its billion dollar capital improvement plan. A chronic problem for DWSD has been staying in compliance with its water discharge permits. DWSD is one of the largest sewer plants in the world and has been under court supervision for over 30 years.

Federal Judge Sean Cox has made it a goal of changing the policies and culture of DWSD to accomplish long term permit compliance. He recently ordered substantial structural changes to the department. Judge Cox also ordered that Jim Fausone become the Chair of BOWC to implement the Court's order, drive improvements and achieve compliance. The faith placed in Jim by the court and BOWC is humbling. We know Jim, an experienced environmental, municipal and business lawyer, is up to the challenge and the firm is fully supportive of this civic assignment. His classmates from University of Michigan College of Engineering must be hoping he paid attention in fluid dynamics class. You can read more about Judge Cox's order in the Detroit Free Press article below.

http://www.freep.com/article/20111105/NEWS01/111050440/Water-system-overhaul-grants-director-broad-powers

Country Fails Texas Veteran

2011-10-31T15:37:00.002-04:00

by Jim Fausone
Veterans Disability Lawyer

We hear from over 400 veterans a month seeking our help; not knowing where to turn. Often it is on disability matters that we can help with – such as obtaining VA disability benefits. Some of the email requests are simply matters we do not work on – such as educational or home loan matters. We also hear tragic stories where the system has failed our veterans. Here is an email request we just received:

“I'm not sure I am at the right place, but I will tell you my story and let you decide. My nephew John Saxon served 4 years in the US Army spending 1 tour in Iraq for 18 months. He was honorably discharged after his 4 year commitment was finished. After 3 years of inactive duty he was recalled to spend another 1 year tour in Iraq. John has battled PTSD since his return over a year ago. He was seen by a VA doctor in Dallas approx. a month ago and was advised to see a psychiatrist and was put on psyche meds. This morning John snapped and killed his mother by shooting her and setting her house on fire. John now sits in the Grayson County (TX) jail on murder charges. My question is what if anything can your organization do and if nothing can you suggest any places I can contact for further help.”

The Army failed John when it discharged him without proper care. The VA failed John when it did not get him immediate help but simply said see another doctor. The Country failed John when we asked him to defend our values but we did not defend him from the demons that resulted. Although it may be too late for John & his mom, we did not want to fail this family one more time. We pointed them to a group in Texas that should be able to help. The importance of Post-Traumatic Stress Disorder (PTSD) and psychiatric care for our veterans cannot be overestimated. John is a statistic of the war and now so is his mother. We have seen veteran suicide, criminal activity and homelessness rise. Many of these problems are rooted in mental illness that needs treatment. As we pull troops out of Afghanistan and Iraq; the Department of Defense (DOD) assists the VA in taking care of the troops after discharge. So much more needs to be done for our returning veterans.

http://www.heralddemocrat.com/hd/News/-Homicide-MaryLeeSaxon-10-28-11-

John’s sad story is reported in the article above. You will note that they don’t make the connection to his PTSD with his service. Maybe we can ignore it if it’s just a deranged son and his mom in a trailer. We should be outraged and the reporter should tell the real story.

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

Country Fails Texas Veteran

2011-10-31T15:37:00.000-04:00

Court Oral Arguments in Detroit

2011-10-28T09:30:00.001-04:00

by Kristina Derro
Veteran Disability Lawyer

The U.S. Court of Appeals for Veterans Claims (Court) orders oral arguments on certain cases which present an area of law that is considered “unsettled”. The judges request oral arguments so that they can ask questions of both sides and have the attorneys present their views on why the judges should decide in their favor.

On October 26th, three judges, including the Chief Judge, came to Detroit, Michigan to hold a session of the Court at the University of Detroit-Mercy School of Law. The law school offers a Veterans Disability Clinic as part of its practicum experience that its students can take, allowing the students to represent veterans in their service-connected disability claims before VA. The event allowed the students to experience an oral argument and witness how to fully prosecute claims against VA.

The visit by the Court was a two-day event. The first day, the judges’ law clerks lead a class and instructed students on how to prosecute VA claims. The second day was the oral arguments held on an actual case, followed by a question-and-answer period by the three judges. A lunch was then held, during which the law clerks also answered any questions posed to them by the students.

Positive feedback was given from the students. Since the event was open to the public, even local attorneys who practice veterans law were able to sit in on the arguments.

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

Widow’s Fight on the Home Front

2011-10-26T10:40:00.003-04:00

We are delighted to share a happy ending to a long battle with the Veterans Administration (VA) for one of our clients. We will refer to her as “Cindy” and her husband “Max”.

With the death of her husband Max, an Army veteran of Vietnam, in March of 2001, Cindy began the long process of making a claim for dependency and indemnity compensation (DIC) benefits. She filed her first claim with the VA for DIC in 2002. After many denials of service connected death she sought out our representation in April of 2006 where our claims developer Peter Worthington began research of information that would be submitted to the Regional Office (RO) with the hopes of a new favorable decision.

Our firm was successful in obtaining a remand from the US Court of Appeals for Veterans Claims (USCAVC). We submitted additional evidence; including a medical opinion in February of 2010 to the RO where the claim was once again denied. The medical opinion noted the veterans heart murmur in service was not related to the veteran’s cause of death. However, it did note the cause of death was due to Ischemic heart disease. We appealed the denial from the RO to the Board of Veterans Appeals (BVA). Subsequently, Ischemic heart disease was added to the list of disabilities recognized by the VA as being related to Agent Orange Exposure.

The out-come of the review by the BVA constituted a full grant of DIC benefits for the issue on appeal of service connected cause of death. This month, over 10 years after her initial claim to the VA, Cindy received over $130,000.00 in retroactive benefits; effectively changing the course of the rest of her life.

We hope this gives those fighting for their benefits a glimmer of light at the end of a long tunnel.

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

City of Wayne, Friends Project

2011-10-14T11:48:00.001-04:00

Every year the City of Wayne through its “Friends Project” helps a low income resident by providing necessary home repairs and maintenance. This project is successful through the generous donations from local businesses and community volunteers. Approximately 70 volunteers assisted in providing a fresh coat of paint on the exterior of the home and shed, repairing the gates, as well as miscellaneous yard work to the residence of this year’s recipient. Fausone Bohn, LLP, and Legal Help Veterans, PLLC, were large supporters of this project, and through their efforts this project was a huge success. Plans are already in the works for next year’s event.

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

Congressional Impact on VA RO

2011-10-12T10:39:00.001-04:00

by Jim Fausone
Veteran Disability Lawyer

We get asked by veterans “should I get my Congressman to write VA about the delay and my claim.?” No is the short answer. It is a rare case that we ask for Congressional assistance. Why? Because VA stops everything it is doing on a case to respond to a Congressional staffer's letter. A good example of this is a response we recently received from VA about the status of a claim:

“Mr. Fausone - We have received communication from the Des Moines Regional Office. They have stated the claim file is currently at the regional office and a review of the file has been made. The Veteran’s appeal is still open and pending a decision. (The Veteran had filed a claim for increase for Individual Unemployability (IU) during the appeal, which needed to be processed. There was also congressional interest-3 letters-which had to be reviewed and responded to in the past few months.) The appeal is currently pending completion of a Supplemental Statement of the Case by the appeals team Rating Veterans Service Representative.

VA is telling us that the claim for IU filed during the claim and the 3 congressional interest letters was slowing down the process at the Regional Office (RO). The 3 letters in the past few months “had to be reviewed and responded to” by the VA staff. This means the RO is not working on the claim. So involve your Congressman selectively and not repeatedly. VA is slow enough without giving them another roadblock to getting the basic work done.

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

VA Lacks Resources

2011-10-05T09:53:00.003-04:00

by Jim Fausone
Veterans Disability Lawyer

Since we have over 600 veteran clients fighting to obtain the disability benefits they deserve, we see a lot of vets who have had problems with the VA system. While the VA health care system is one of the best in the country it is a challenge to have the resources in the proper area at the necessary time. Our veteran clients seem to have the most problems with VA in receiving treatment for their mental health and orthopedic disabilities.

A recent survey of VA social workers, nurses and doctors reports that more than 70 percent believe the department lacks the staff and space to meet the needs of growing numbers of veterans seeking mental health care.

The challenge of balancing the demand for services and the available resources is seen by the numbers. Last year, more than 1.2 million veterans were treated by the VA for a mental health problem, including 408,000 with a diagnosis of post-traumatic stress disorder. By comparison, 934,000 were treated for mental health problems four years earlier.

The VA is responding to this tidal wave of need for mental health services by increasing staff 47%. The Congress is also keeping an eye on this problem. Read more -

http://www.washingtonpost.com/politics/va-lacks-resources-to-deal-with-mental-health-survey-finds/2011/10/03/gIQAhpuJJL_story.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

Veterans' Benefit Summit

2011-09-20T08:11:00.003-04:00

by Jim Fausone
Veterans Disability Lawyer

Last week, Legal Help for Veterans, PLLC hosted the 2nd Annual Veterans’ Summit with the Canton Community Foundation. It takes months of preparation to pull off this Southeast Michigan event that had over 250 participants; 17 speakers; 15 participating organizations; 20 sponsors and served 3 meals. It was a team effort by Chandra, Attorney Kristina Derro, the General, Joann and everyone else that helped out. The speakers included representatives of VA, VFW, DAV, Marine League, Detroit VARO, County Counselors and others.

People came from hundreds of miles away and two states to attend this conference. We were able to help specific individuals throughout the day. For example, DAV assisted someone break a log jam on a claim. The Marine Corps League printed DD 214s for those that needed them. Questions were answered about burial entitlements for widows. For someone who needed emergency financial aid to save their house, the process got started that afternoon.
The success of the program suggests that holding it again in September 2012 would be worthwhile. We will begin gathering ideas for speakers and topics soon. If you want to see some pictures of the event, visit our Facebook page. If you want to read more and get a sense of the attendees views, click on:

http://www.hometownlife.com/article/20110918/NEWS03/109180397/Veterans-get-benefit-help-second-summit?odyssey=modnewswelltextCantons

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

TBI Rehab in Michigan

2011-09-14T15:20:00.003-04:00

by Jim Fausone
Veterans Disability Lawyer

VA has initiated a new program to help veterans with TBI. DOD has proven that cognitive rehab helps servicemen with TBI. VA is now conducting a pilot program pushing that rehab out to recent veterans using the private sector. The program helps veterans with moderate to severe traumatic brain injuries who need long-term residential care by placing them in high-quality rehabilitation facilities that are closer to their homes and families. This avoids the cost and trauma of an institutional or hospital setting.

Michigan has great rehab facilities because of its long history of supplying health care to automobile accident victims under its unique no fault insurance programs. Origami Brain Injury Rehabilitation Center, a Mason Michigan facility, was selected by the U.S. Department of Veterans Affairs to take part in a cutting-edge pilot program. Origami is one of 21 facilities in the nation to launch the Assisted Living for Veterans with TBI pilot program.

This is a great idea of using existing resources to medically service our veterans. VA does not have to re-invent the wheel and more people can be helped by the private sector's ability to scale up or down as needed. Read more at:

http://www.mlive.com/lansing-news/index.ssf/2011/09/greater_lansing_facility_treat.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

Veterans’ Summit 2011

2011-09-07T09:19:00.000-04:00

by Kristina Derro
Veteran Disability Lawyer

Legal Help for Veterans, PLLC is sponsoring a free event in September that is organized by the Canton Community Foundation with funding provided by the Holbrook Charitable Trust. It will be an opportunity for veterans, their friends, and their family members to get together to learn about all the various benefits that are available from VA. The topics will include service-connected benefits, non-service connected pension, Aid and Attendance, health care, and various social services. Presenters will be VA employees, private attorneys, veteran service officers, county counselors, State of Michigan employees, and veteran-centric non-profit organizations.

It will be held Thursday, September 15, 2011 in Livonia, Michigan at Laurel Manor Banquet and Conference Center. While the event is free, attendees do need register. Attendees will also be provided with a free breakfast and lunch. For further information and to register, individuals can either access Canton Community Foundation’s website at http://www.cantonfoundation.org/ or call them at 734.495.1200.

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

More Ships Added to List of Brown Water Exposure

2011-09-06T09:31:00.002-04:00

by Kristina Derro
Veteran Disability Lawyer

The VA has updated the list of U.S. Navy and Coast Guard ships that have operated on Vietnam’s inland waterways, docked on shore, or had crewmembers sent ashore. The veterans who served on these ships during the time frame in question will be considered to have presumptive exposure to Agent Orange, allowing them to receive disability compensation for the 14 medical conditions associated with exposure to the herbicide.

Veterans who want to know if one of the ships that they served on made the list can visit www.publichealth.va.gov/exposures/agentorange to view the exhaustive list. If veterans do not have access to the internet, they can contact VA’s Special Issues Helpline at 1-800-749-8387 and press 3 to receive a list of the ships.

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

Social Security Disability

2011-08-29T10:26:00.002-04:00

by Kristina Derro
Veteran Disability Lawyer

For those individuals who think that only the VA system is backlogged, recent findings indicate that Social Security’s disability program is almost as bad. This is extremely disheartening, since most individuals who qualify for VA service-connected benefits will also qualify for Social Security disability benefits. And, in fact, most usually receive Social Security disability benefits first and use it to provide themselves with meager support as they wait years for their VA benefits to be adjudicated.

Applications for Social Security’s disability program are up nearly 50 percent over a decade ago. With the U.S. economy losing nearly 7 million jobs in recent years, individuals with disabilities who lose their jobs have been unable to find new ones. As a result, the rush for benefits is adding to a growing backlog of applicants. Most individuals wait two years or more until their cases are resolved.

Also compounding the problem is the fact that the program is being hit by an aging population; obviously disability rates rise as a population ages. This is especially troubling given that new Congressional estimates say that the trust fund which finances Social Security disability will run out of money by 2017, leaving the program unable to pay benefits unless Congress acts.

Right now Congress is targeting overpayments, where people continue to get paid despite getting a job and no longer qualifying for the program. Last year alone, Social Security found that the overpayment amounted to $1.4 billion. In the deficit reduction package enacted this month, Congress boosted Social Security’s budget by about $4 billion over the next decade to invest in programs that identify people who no longer qualify for the disability benefits. It is estimated that the increased enforcement would save nearly $12 billion over the next decade.

Needless to say, the crush of applicants has impacted the legitimate applicants who often have to wait years to receive benefits. About 2/3 of initial applications are rejected, and an appeals process can take two years or more.

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

QTC Sold

2011-08-25T09:38:00.001-04:00

by Jim Fausone
Veteran Disability Lawyer

Many veterans that have had a C&P exam have run into a private QTC doctor. QTC is the largest provider of outsourced medical evaluation services to the federal government and, in particular, the U.S. Department of Veterans Affairs (VA), processing more than 450,000 evaluations last year. The VA has had a cozy relationship with QTC for years. This includes the movement from QTC to VA and back again. For example, former VA Secretary, Dr. James Peake, was Chief Medical Director and Chief Operating Officer of QTC before becoming the Secretary and former Secretary of Veterans Affairs, Anthony Principi, was chairman of QTC.

Now the plot thickens. A large defense contractor, Lockhead Martin, has purchased QTC. It certainly raises the possibility that the DOD and VA interests will be placed above that of veterans at future exams. Should veteran advocates be concerned, it seems that "independent medical" exams by QTC may be an oxymoron.

http://www.sacbee.com/2011/08/22/3853954/lockheed-martin-agrees-to-acquire.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

PTSD Drug Fraud

2011-08-23T12:21:00.002-04:00

by Jim Fausone
Veteran Disability Lawyer

VA seems to try all kinds of quack medicine to "fix" veterans with PTSD. Another situation has arisen that an anti-psychotic drug used to treat PTSD has no more effect than a sugar pill. VA spent $717 million for this ineffective drug over the last decade.

Risperidone is the generic name for Risperdal, a drug developed by the Janssen Pharmaceuticals division of Johnson & Johnson to treat severe mental conditions such as schizophrenia and bipolar disorder. VA researchers published Aug. 2 in the Journal of the American Medical Association concluded, "treatment with risperidone compared with placebo did not reduce PTSD symptoms."

If you or a veteran you care for was given this drug, you should evaluate if your disability rating is correct. If VA reduced your rating because you were being effectively treated - that turns out not to be true. You may want to read the article below and contact a lawyer.

http://www.nextgov.com/nextgov/ng_20110822_6423.php?oref=topstory

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

Attack on AO Expansion

2011-08-15T11:00:00.004-04:00

Attack on AO Expansion
by Jim Fausone
Veteran Disability Lawyer

Most veterans know that the expansion of the Agent Orange (AO) presumptions last year were long over due. But some in Congress question that decision and its costs. Certain Senators argue the Agent Orange Act of 1991 is flawed, providing too much authority to the VA secretary and allowing compensation awards based on a mere "association" between a disease and herbicide exposure rather than evidence that exposure "caused" the ailments. This debate is about how much authority should the Secretary of the VA have to create new presumptions.

As an attorney who practices in this field, I know that without presumptions most veterans would not be able to prove the medical case for obtaining compensation. They do not have the money to pay for medical opinions or the testing and research that would be necessary. Keep an eye on the Senate as this issue is debated.

http://www.montgomeryadvertiser.com/article/20110814/NEWS02/108140325/New-Agent-Orange-claims-surpass-84-000

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

TSGLI Rule Changes

2011-08-12T12:08:00.001-04:00

by Jim Fausone
Veterans Disability Lawyer

This information is from VA’s press release. In an attempt to help get the word out, I am republishing a good chunk of that release:

“As of October 1, 2011, the Servicemembers’ Group Life Insurance Traumatic Injury Protection benefit, also known as TSGLI, will be payable for all qualifying injuries incurred during the period October 7, 2001 to November 30, 2005, regardless of where they occurred, and regardless of whether the member had SGLI coverage at the time of the injury. The Veterans’ Benefit Act of 2010 removes the requirement that injuries during this period be incurred in Operations Enduring or Iraqi Freedom.

This is welcome news for the many servicemen and women who suffered serious traumatic injuries while serving stateside or in other areas outside of OEF or OIF during this time period, but until now have not been eligible for TSGLI. TSGLI provides a payment ranging from $25,000 to $100,000 to Servicemembers sustaining certain severe traumatic injuries resulting in a range of losses, including amputations, limb salvage, paralysis, burns, loss of sight, hearing or speech, facial reconstruction, 15-day continuous hospitalization, coma, and loss of activities of daily living due to traumatic brain injury or other traumatic injuries.

Former Reservists and National Guard members who were injured during the retroactive period and suffered a qualifying loss are eligible for a TSGLI payment even if the cause was not related to service, such as a “civilian “ automobile accident or severe injury which occurred while working around their home. The law regarding these payments covers these individuals 24/7. Additionally, survivors of Servicemembers who died more than seven days after their injuries are also eligible to receive a TSGLI payment if the member had a covered loss.

Although applications are currently being accepted by Branch of Service TSGLI Offices, benefits will not be paid until October 1, 2011, the effective date of the law. For more information or to apply for a TSGLI payment, Servicemembers and Veterans should go to http://www.insurance.va.gov/sgliSite/TSGLI/TSGLI.htm. They can also contact their branch of service TSGLI Office”

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

Seabee Gary Lillie RIP

2011-08-09T12:35:00.002-04:00

by Jim Fausone
Veteran Disability Lawyer

Everyday hundreds of veterans pass away. Their life is more than just their service to country. But for every man or woman who served that service is a big part of who they are when they pass away. The veteran community lost a friend over the weekend when Gary Lillie of Dexter, Michigan died after he was struck by a drunk driver.

Gary served in Vietnam and served as a Seabee. His family had a long history of military service. Gary, 70 years old, was a practicing real estate agent in Ann Arbor. He was a proud Scotsman, hockey player and founder of Veterans Radio. He put his money and his energy in telling the story of his fellow veterans on the radio. His efforts resulted in over 400 programs being aired on around the country and on the internet at http://www.veteransradio.net/. Gary was a friend of LHFV and mine. He will be missed. Read more about him at

http://www.heritage.com/articles/2011/08/05/dexter_leader/news/doc4e3c535bcc5ce956171936.txt?viewmode=default

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

AO at Korean Camp Carroll

2011-07-27T09:23:00.002-04:00

by Jim Fausone
Veteran Disability Lawyer

Many veterans believe that they were exposed to Agent Orange (AO) outside of Vietnam. Those veterans want the VA's presumptive illnesses to apply to them. The VA and DOD have limited the areas where it is recognized that AO was used and exposure was possible. Some veterans are trying to get the Korean government to pressure the US to recognize that AO was more widely recognized than just in the DMZ. Read about its use and burial at Camp Carroll.

http://www.stripes.com/news/pacific/korea/2-veterans-urge-s-korean-lawmakers-to-pressure-u-s-over-agent-orange-1.150062

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

Competency Tests for VA

2011-07-25T08:44:00.001-04:00

by Jim Fausone
Veterans Disability Lawyers

You have to pass a bar exam to become a lawyer. To be a claims agent you have to pass an accreditation exam. Both are required to take continuing education to stay VA accredited. Now Congress is considering a bill that would require an annual competency test for veterans’ claims processors. Those opposed to the idea argued that such testing and retraining would cause the claim backload to grow even worse. I doubt that Congress will ultimately pass the legislation but the idea, and the need for it, is worth exploring. VA leadership should consider this idea and implement it voluntarily. Keep an eye on the legislation and read more below.

http://www.marinecorpstimes.com/news/2011/07/military-bill-would-test-competency-of-va-claims-workers-072211/

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 Need Jobs

2011-07-20T13:36:00.000-04:00

by Jim Fausone
Veteran Disability Lawyer

With the draw down of troops in Iraq and Afghanistan, it is important to find our veterans jobs. The unemployment rate is above 9% but in many communities and urban centers the rate is closer to 25%.

If you want to keep vets out of the frustrating VA system, find them good jobs and benefits. The fact that veterans are great employees is not lost on employers. The US energy industry may be a perfect fit. The industry says it's looking for as many as 200,000 veterans over the next five years or so. Point a returning veteran to the attached article and help him find a job.

http://www.stripes.com/blogs/stripes-central/stripes-central-1.8040/energy-companies-say-they-ve-got-jobs-for-vets-1.148922

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

Never Too Late

2011-07-06T11:59:00.002-04:00

by Jim Fausone
Veterans Disability Lawyer

Independence Day has come and gone. Hopefully you spent it remembering those that fought to protect our freedoms.

My family once again participated in the Northville, Michigan July 4th parade. This year had the National Guard Army Band, a fly over by 2 A10 Warthogs, the VFW and AMVETS, floats and bands.

One of the special moments was the pinning of the Purple Heart and Combat Medic medals on a Korean War vet. He had waited almost 60 years to receive these recognitions. His wife, a nurse, contacted Brig. General Carol Ann Fausone (ret), also a nurse, for assistance in getting these medals. His name change after service from Conrad Podolski to Dowel created confusion in the records department of DOD. But proof of the name change, buddy statements of his injury in Korea, and recovery in Japan made the medals ceremony possible – it only took 18 months to convince DOD to issue the medals.

The community turned out in full force and did it up right. As General Carol Ann said “It is never too late to say Thank You to our service men and women.” This ceremony was picked up by the media including the Detroit Free Press, FOX Detroit, Army Times, etc. The Free Press has some nice video. If you would like to read about it click on the link below.

http://www.freep.com/apps/pbcs.dll/article?AID=2011107030504

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

Court Issues Stay, Pending Result of Henderson

2011-07-05T11:00:00.001-04:00

by Kristina Derro
Veteran Disability Lawyer

A recent order by the U.S. Court of Appeals for Veterans Claims put a stay on all cases in which the VA alleged that the Veteran did not appeal a denied Board of Veterans’ Appeals decision within the 120-day deadline. A recent ruling by the U.S. Supreme Court, Henderson v. Shinseki, 131 S. Ct. 1197 (2011), held that the 120-day deadline which the Veteran has to appeal a denied Board decision is not jurisdictional. Therefore, the Supreme Court found that the 120-day deadline is subject to equitable tolling.

What this means, is that if the Veteran had a legitimate reason for not being able to appeal the decision within the 120-day period, the Court will have to consider it. Right now, the Court put all the cases on hold while the judges confer and issue a decision in Henderson about what facts will constitute a “good excuse” for equitable tolling.

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

How Long Does it Take? A Problem to Avoid.

2011-06-21T10:03:00.002-04:00

by Jim Fausone
Veteran Disability Lawyer

The most frequent question we get is “How long will it take VA to make a decision?” My nephew, who just returned from Afghanistan, asked me this at a Father's Day brunch last weekend.

As of May 31, more than 800,000 disability claims are pending across the country, according to a House VA Committee news release. Of those, more than 60 percent have been pending for more than 125 days and could increase to 230 days by next year. As a rule of thumb, we tell people the initial claim may take a year – and each step in the appeal process thereafter will take a year. So you can’t give up just because it will take so long.

One problem that the passage of time creates is change in veteran contact information. You must make sure that VA, and your representative – lawyer or claims agent - has your current contact information. If you change your address or telephone number or email address – you must let them know. If VA sends notices to an old street address that you did not change, that is your problem. If VA sends a notice of a C&P exam to an old address, you will miss the exam and your claim maybe denied. It seems simple but it is important to update your contact information at VA.gov anytime it changes. You will use VA Form 20-572. You can find it at the link below.

http://www.vba.va.gov/pubs/forms/VBA-20-572-ARE.pdf

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

Camp Lejeune Water

2011-06-15T10:04:00.001-04:00

by Jim Fausone
Veteran Disability Lawyer

We often get asked by veterans with disabilities “Could it be from the toxic water at Marine Camp Lejeune?”. This is a difficult question and proving a medical nexus is a challenge. The VA has not been receptive to such claims. It is kind of like how they treat Blue Water Navy claims, it makes sense but you cannot get VA to agree that the exposure resulted in the disability. The solution may have to be provided by Congress. A bill has been introduced to help those exposed to toxic water at Camp Lejeune - but it is not clear that it will become law. You can read more at:

http://www.miamiherald.com/2011/06/10/2260727/vote-on-lejeune-contamination.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

Michigan Veterans Foundation

2011-06-14T10:47:00.001-04:00

by Kristina Derr
Veterans Disability Lawyer

The staff at Legal Help for Veterans had the opportunity to visit Michigan Veterans Foundation this past week. Michigan Veterans Foundation (MVF) is a multi-faceted, non-profit agency that addresses the needs of homeless veterans. It also provides on-site support services to veterans who are at risk of being homeless or simply need help. Visit MVF’s website to learn more about the non-profit agency: http://www.michiganveteransfoundation.org/

Nationwide, an average of 1/3 of America’s homeless are veterans. This means that on any given night, as many as 250,000 veterans are living on the streets or in shelters, and perhaps four times as many experience homelessness at some point during the course of a year.

MVF offers over 140 veterans an 18-month long placement, which can be extended for an additional six months. MVF allows veterans to remain in a safe, structured environment, designed to lead them back into society through professional guidance and veteran-to-veteran reinforcement.

The agency works in collaboration with a multitude of human service providers, non-profit organizations, and governmental agencies to meet the veteran’s medical, psychological, and educational needs. Programming at MVF include life skills training, employment training, job opportunities/referrals, education, healthcare, legal assistance, VA benefits assistance, twelve-step groups, counseling services/support groups, meals and clothing (including clothing appropriate for job interviews), access to transportation, and securing permanent housing.

This phenomenal agency has numerous staff members who are dedicated to veterans, and help to fill the gaps that currently exist in providing services to Michigan’s veterans. We at Legal Help for Veterans applaud MVF’s hard work, commitment, and enthusiasm in providing care to one of our nation’s most precious resources—our veterans!

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

Stiggy’s Dogs: “Rescuing One to Help Rescue Another”

2011-06-13T08:36:00.002-04:00

by Kristina Derro
Veterans Disability Lawyer

The staff at Legal Help for Veterans had some phenomenal visitors this past week! Members of Stiggy’s Dogs came to visit!

Stiggy’s Dogs was created in memory of Benjamin Phillip (“Doc Stiggy”) Castiglione, a Marine who dedicated his life to preserving and improving the physical and emotional health of those serving in his unit. He gave his life working as a Corpsman in Helmand Province in Southern Afghanistan, taking care of “his Marines” until September 3, 2009.

Stiggy’s Dogs is an extraordinary non-profit organization aimed at assisting veterans who suffer from Post Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI). The organization takes shelter dogs and rehabilitates them, training them and turning them into Psychiatric Service Dogs for veterans who suffer from PTSD and/or TBI. The dogs are ADA compliant and as service dogs, are able to go with their veteran into any building!

The Psychiatric Service Dogs are each individually trained to meet their veteran’s specific needs. They are taught to perform tasks ranging from reminding veterans to take their medicine, waking them up from a nightmare, and directing them through a crowd. Research has shown that 82% of veterans with PTSD who were assigned a dog had a decrease in his/her symptoms, and 40% of the veterans had a decrease in the amount of medications that they had to take!

Speaking with a veteran who was given a Psychiatric Service Dog, he discussed how he is now able to leave his house with his dog without constantly fearing panic attacks, and even recently rode on an airplane—a task he previously thought impossible due to his severe psychiatric symptomatology.

It is estimated that there are currently 5 million dogs sitting in shelters across America waiting to be euthanized. Stiggy’s Dogs goal is to rescue shelter dogs, train them to be Psychiatric Service Dogs, and pair them with a well-deserving veteran! By uniting the military hero and the shelter dog, Stiggy’s Dogs is “rescuing one to help rescue another”.

Please visit Stiggy’s Dogs’ website to learn more about the non-profit organization: http://stiggysdogs.org/ Although based in Michigan, they pair both veterans and dogs from around the nation.

As a non-profit, Stiggy’s Dogs relies solely on donations in order to keep its program running. A local news channel recently profiled Stiggy’s Dogs and discussed the need for donations. View that video here: http://www.clickondetroit.com/video/28175414/index.html If you can donate money, dog toys, dog bedding, dog crates, dog food, or even your time, it would be much appreciated.

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

Hep C & Vets

2011-06-06T10:44:00.002-04:00

by Jim Fausone
Veteran Disability Lawyer

We hear from a lot of veterans with Hepatitis C which they believe was contracted in the military. Many guys feel that the air gun innoculations they received in basic training were the start of the Hep C.

Up to 10% of all veterans in the VHA system tested positive for Hep C. In 2000, Gary A. Roselle, M. D., Program Director for Infectious Diseases, Veterans Health Administration, Department of Veterans Affairs, said "One in 10 US Veterans are infected with HCV", a rate 5 times greater than the 1.8% infection rate of the general population." Four (4) million Americans have Hep C.

It is difficult to prove when Hep C was contracted and to establish service connection. Some good news for veterans with Hep C is a new medicine regime. Two newly approved Hep C drugs, Victrelis and Incivek by Merck and Vertek, have resulted in great clinical trials but the drugs are costly and can cause unwanted side effects. Let’s see how long it takes VA to start using these new drugs.

http://www.freep.com/article/20110530/NEWS06/105300361/2-new-drug-treatments-cured-thousands-liver-disease?odyssey=modnewswelltextFRONTPAGEp

http://www.hcvets.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

Recent Legislation to Aid Veterans

2011-06-02T07:56:00.002-04:00

by Kristina Derro
Veterans Disability Attorney

On May 25, 2011, Senator Richard Blumenthal (D-CT) introduced the Honoring All Veterans Act of 2011, which seeks to improve aid and services to veterans in the areas of employment, housing, education, and health care. The Act aims at aiding veterans who are seeking education and employment by increasing the number of participants in independent living programs that allow veterans to participate in family and community life, increasing their potential to return to work. It will also provide funding for outreach on college campuses to help veterans maximize their ability to study and gain employment.

The Act authorizes the Department of Defense (DoD) to study how to ensure that civilian employers and educational institutions recognize veterans’ military training and qualifications—transferring the certificates and licensed skills from the military to civilian jobs would ensure that the training that occurred during service was not lost for veterans returning to the civilian workplace. It also authorizes that veterans can use the DoD’s Transition Assistance Program and meet with counselors at any military installation for up to one year after leaving service to receive information about job hunting, education options, and career development.

To address the rising amount of homeless veterans that is estimated to be 76,000 in 2009, the Honoring All Veterans Act provides services to military families who are on the verge of losing their home by permanently extending their foreclosure protection. The Act will also raise the per diem rate that certain programs give out, in an effort to take into account the geographic disparities around the nation.

The Honoring All Veterans Act attempts to deal with the health care shortcomings in the treatment of veterans. The Act authorizes VA to access state prescription drug monitoring programs in order to address substance abuse. It also allows military family members to access VA counseling services while a service member is deployed, and it directs the VA to improve rehabilitation and reintegration plans that address long term care for veterans with traumatic brain injuries (TBIs). The overall goal of the Act is to modernize the VA—to streamline the transition from active service to veteran status for service members, to have a responsive Board of Veterans Appeals handling disability claims, and to be constantly updating pension amounts to reflect the cost of living.

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

Kelsey Grammer’s Cross-Country Custody Battle

2011-06-01T08:12:00.003-04:00

by Wendy Alton

As if we didn’t hear enough about celebrity family issues recently. Kelsey Grammer has filed legal papers in court seeking sole physical custody of his two children: 9 year old daughter Mason, and 6 year old son Jade. The kids actually live in L.A. with their mother, Camille Grammer, while Kelsey lives in Chicago with his new wife, Kayte Walsh. In the divorce, Camille Grammer was granted physical custody of the children, but Kelsey Grammer apparently wants to change that and move them to Chicago: Kelsey Grammer Trying to Rip Custody from Camille.

What does it take to win a custody battle, and move two children from their home in LA to Chicago? In Michigan, this is no small feat. First, the Court must determine that there has actually been a change in circumstances or that there is good cause in order to change a custody arrangement. If the Court determines that there has been a change in circumstances or good cause, then the Court must determine that the proposed custody arrangement is in the best interests of the children. This means that the Court must listen testimony and review evidence surrounding 12 best interest factors, listed in MCL 722.23. In the case where the proposed custody change would essentially transfer the children physically from one parent to the other, the Court must find that the proposed change is in the best interests of the children by “clear and convincing evidence.”

Additionally, in Michigan, if you not only want to change custody, but then want to move the children out of state, the Court must consider other issues. In what is called the D’Onofrio test, the Court must find that the relocation is in the best interest of the children by a preponderance of the evidence after consideration of the following factors:

1. Will the change improve the quality of life for the child and parent
2. The degree to which each parent has complied with their parenting time schedule
3. The degree to which the court can modify parenting time to preserve and foster the relationship
4. The extent to which the opposing parent is motivated by financial reasons
5. Domestic violence, regardless of whether it involves the child

Obviously, a cross-country custody battle is not as easy as just filing legal papers asserting what you want. The process is extremely involved and requires substantial evidence that the proposed custody change will be best for the children. This case provides good reminder that the Courts are there to determine what’s best for the kids—not just what the parents want.

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.

VA Inspector General’s Findings at Regional Offices

2011-05-31T08:46:00.001-04:00

by Kristina Derro
Veterans Disability Lawyer

This month, the VA’s Office of Inspector General released its report on the systemic issues identified at 16 VA Regional Offices (VAROs) from April 2009 to September 2010. You can view the full report here: http://www.va.gov/oig/52/reports/2011/VAOIG-11-00510-167.pdf

Unfortunately, the report revealed the ineptitude that all the veterans experience and suffer from on a daily basis. The report identified that VARO staff incorrectly processed 23% of an estimated 45,000 claims. The biggest mistakes involved claims for posttraumatic stress disorder (PTSD) and traumatic brain injuries (TBIs).

Over 8% of claims for PTSD were not adequately processed because the VARO staff “lacked sufficient experience and training to process these claims accurately. Additionally, some VAROs were not conducting monthly quality assurance reviews”. The bulk of the errors were in failing to properly verify claimed stressors and assigning incorrect effective dates for the grant of benefits for PTSD.

75% of VAROs inspected did not follow VA policy when processing claims for residuals of a TBI. In December 2009, it was estimated that 28,000 veterans suffered from a TBI, with many more being added to that list daily with the increase of bombings and IED attacks that our military is exposed to in Afghanistan and Iraq. The Inspector General’s findings regarding the VAROs’ incompetence in processing these claims can have disastrous effects for our veterans. Over 19% of claims for TBIs were not processed correctly. The report found that 42% of the errors were due to the VARO staff utilizing inadequate medical examinations which did not contain sufficient information upon which to make a decision. Evidently, the VA medical examiners were not using the most current examination formats and therefore not providing the VARO staff with sufficient information. Unfortunately, due to the VAROs staff’s lack of experience and training, they did not recognize when an examination was inadequate and failed to send it back to the VA examiner for corrections.

Compounding this problem is the fact that when the VARO actually did grant service connection for a TBI, 42% of errors involved the VARO assigning incorrect evaluations for the residuals of TBIs. The VA policy requires a separate evaluation for any disability with a distinct diagnosis related to a TBI, such as headaches or tinnitus. Regrettably, VARO staff failed to give separate ratings for disabilities and instead lumped them together in one rating.

A statistic which will come as no big surprise to any veteran that has sent information to VA is the fact that the report found 75% of the VAROs failed to properly control and process mail according to VA policy. Shockingly, the majority of mistakes were attributed to the staff being “generally unaware of policy requirements, including date stamping, governing mail processing at VA facilities. Further, VARO workload management plans contained unclear procedures or first-line supervisors did not always follow guidance delineated in these plans”. The failure to properly date-stamp materials obviously has catastrophic effects on a veteran’s claim. For instance, the document may be considered to be untimely, even though it was timely submitted but the VARO staff failed to properly date stamp it. Additionally, if a claim came in on January 31st, then the start date for benefits when the claim is ultimately granted would be February 1st. However, if the item isn’t date stamped until February 1st, then the start date for benefits would be March 1st. This would cause the veteran to lose out on a month of benefit payments.

An interesting read for sure, the report details the mistakes that the 16 VAROs made, along with the Inspector General’s suggestions for improvement. All we can do is wait and see if VA actually gets around to implementing the suggestions. Until then, veterans’ claims continue to be improperly handled on a daily basis…

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

Rocky Transition for Service Members Upon Discharge to VA

2011-05-27T08:34:00.001-04:00

by Kristina Derro
Veterans Disability Lawyer

The Senate Veterans Affairs Committee heard testimony on Wednesday, May 18, 2011 regarding the historically rocky transition for service members between leaving the Department of Defense (DoD) and beginning to receive medical treatment through the Department of Veterans Affairs (VA). Researchers found that increasing levels of drug abuse and suicides among recently-separated combat veterans can be partly blamed on inadequate coordination as service members are discharged from the military and become the responsibility of VA.

A lack of coordination was also found to negatively affect the treatment of combat-related injuries. At the DoD, injured service members receive state-of-the-art care, receive counseling services, and are prescribed narcotics to treat pain. When service members are discharged and begin to receive their medical care from VA, research has shown that VA improperly manages their narcotic medications, making them more likely to abuse drugs, become homeless, or commit suicide. Further, due to a rocky handoff, veterans at VA also have physicians who are unfamiliar with the course of treatment that those veterans were receiving while with the DoD.

The area of prosthetics is one example where the lack of coordination and lack of familiarity hurt the veterans. The DoD has outstanding prosthetics for its amputees. Upon arrival at VA, many VA physicians are fascinated by the high-tech devices, having never seen them before, and are more interested in examining the devices rather than examining the veterans.

Both the Deputy Secretary of Defense and the Deputy Secretary of Veterans Affairs recognized the need for a truly seamless handoff from the DoD to the VA medical facilities. Recognizing the problem is the first step, however it seems that the VA has a history of being unable to rectify the problems even though they have been sufficiently identified.

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

Arnold Schwarzenegger’s Teenage “Love Child:” Why is Paternity Public Now?

2011-05-26T09:21:00.002-04:00

by Wendy Alton

There is no question that the hottest news (gossip) topic in the last few days has been centered around the “love child” fathered by Arnold Schwarzenegger with his housekeeper, allegedly Mildred “Patty” Patricia Baena, while he was married to Maria Shriver. The news has been shocking, devastating, and sad, to say the least. Even more shocking that the child is now a teenager, and this entire relationship and child was hidden privately and publicly for over a decade.

Which raises an interesting question. Why has this become public now, since the child is assumed to be about 14 years old? Why not earlier? While I don’t presume to know the laws of paternity in California, a brief overview of paternity law in Michigan may provide some possible answers.

In Michigan, if a child is born while a woman is married, that child is legally presumed to be the biological child of the married parents. No one can challenge this paternity while the couple is married, even if a DNA test proves that the biological father is someone else.

If a woman becomes pregnant when she is unmarried, but then marries someone before the child is born, the child is presumed to be the father of the man she marries. This is true again even if DNA tests prove that the biological father is someone else.

In short, Michigan honors the sanctity of marriage for purposes of paternity. If a child is born during a marriage, the husband is presumed legally to be the father.

However, if the couple files for divorce, the mother or father can challenge the paternity of any of the children born during the marriage. If this happens, a DNA test is conducted, and if the test proves that the husband is not the father, the divorce judgment can include this information, and that child’s paternity remains an open question. If this happens, once the divorce becomes final, the mother or the assumed true biological father can the file a paternity action to establish paternity of that child.

Simply, if a man knows that he has fathered a child, even if a DNA test is done, he has no standing under Michigan law to establish his paternity if the mother is married to someone else. Additionally, if the mother does divorce, but the divorce judgment indicates that all the children born during the marriage are children of the husband and wife, the biological father still lacks standing. The husband is presumed to be the father (despite DNA), and this issue cannot be challenged once the divorce is finalized.

Turning back to the case of Arnold Schwartzenegger and his housekeeper, it was noted by the press that Patty Baena was married at the time she conceived this “love child.” If that is the case, then Patty Baena’s husband was legally presumed to be the father. However, the press has also stated that she is now divorced. Perhaps the divorce judgment indicates that this “love child” is not a child of that marriage, leaving paternity open. Perhaps Patty Baena is now going to file either a paternity or child support action, seeking financial support for her child. It’s just a guess, but if you analyze the law surrounding paternity issues, it makes sense.

Read the LA Times story that broke the news here: Maria Shriver on Schwarzenegger's paternity admission: 'Painful and heartbreaking.'

Read the Radar Online story that broke the news about the housekeeper’s identity: WORLD EXCLUSIVE: Mother Of Arnold Schwarzenegger's Love Child Revealed!

The Epidemic of Military Sexual Trauma

2011-05-25T09:38:00.002-04:00

by Kristina Derro
Veterans Disability Attorney

Sixteen men and women who were raped and assaulted during active service filed a recent lawsuit against the Pentagon. The lawsuit accuses the military of condoning a culture that fails to prosecute the offenders of sex crimes and instead punishes the sexual assault victims who come forward to report the incidents.

According to a recent report by the Department of Defense (DOD), last year 3,158 sexual assaults were reported by men and women in the Armed Forces. The DOD estimates that this number reflects only about 13.5% of the total number of assaults on men and women in active duty last year. Experts say that the number of reported sexual assaults in the military is so low because of the fact that victims often receive pressure from supervisors and peers to not report anything. Further, once reports are made, the victims are often viewed as “troublemakers”, the sexual offenders are rarely disciplined by the military, and the victims often get transferred out of his/her military occupational specialty and into a new job—instead of forcing the sexual offender to be relocated. Seeing victims treated in this manner acts as a deterrent in the reporting of sexual assaults by other victims.

Adding to the problem is that while sexual trauma victims are in the military, they are away from family and friends who are the traditional support system in times of stress. Instead, the victims have to rely on receiving their support entirely from the military itself—the same establishment that refuses to acknowledge the problem or punish the offender.

VA health care systems have seen a large influx in military sexual trauma survivors. So much so that several VA medical centers have employed social workers on a full-time basis whose only job is to counsel those victims of military sexual trauma. There is movement afoot in the Armed Services to start training active duty members at an early age, even beginning in boot camp, about how to prevent sexual assault and how to intervene if they see someone being sexually harassed or assaulted. It has been recognized that there needs to be something done to prevent military sexual trauma from happening in the first instance.

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

10th Circuit Deciding Fake Veteran Case

2011-05-24T08:40:00.002-04:00

By Kristina Derro
Veterans Disability Lawyer

Last week, the Court of Appeals for the Tenth Circuit heard oral arguments on a case involving a Colorado man who falsely claimed to be a highly-decorated Marine Corps veteran. He is being tried under the Stolen Valor Act, a piece of legislation passed in 2006 that makes it a crime to lie about receiving military medals.

The defendant, Rick Strandlof, founded a veteran advocacy group and claimed to be an Iraqi War veteran who received a Purple Heart and a Silver Star. In reality, Strandlof never even served in the military in any capacity. Fellow advocates exposed his deceit and federal authorities charged Strandlof with violating the Stolen Valor Act.

At his trial in the U.S. District Court, Strandlof did not deny his lies, but instead argued that the Stolen Valor Act is unconstitutional and that his lies are protected under the 1st Amendment of the U.S. Constitution. The District Judge agreed and dismissed the case against Strandlof, but stated that while the U.S. Constitution does not protect against fraudulent speech, in Strandlof’s case there was no actual victim of the fraud. The District Judge noted that the Stolen Valor Act “criminalizes the mere utterance of the false statement regardless whether anyone is harmed thereby. It is merely fraud in the air, untethered from any underlying crime at all”.

The government appealed, arguing in its brief to the Tenth Circuit that the Stolen Valor Act is narrowly tailored and does not discourage people from making other constitutionally-protected statements. It noted that the Act is aimed at preventing harm to the public from the “misappropriation of the benefits, reputation, and credibility properly accorded to those who have earned military honors”. The attorney for the government noted that “[f]alse statements are not protected speech. They undermine rather than advance the free marketplace of ideas”.

However, the Tenth Circuit judges strongly questioned the Justice Department attorney, wondering where the criminalization of lies stops and pointing out that what the government wants to implement is a broad category of protection against false statements of facts.

This case is proving to be extremely important because last year, the Court of Appeals for the Ninth Circuit ruled the Act unconstitutional because of the same free-speech concerns. If the Tenth Circuit comes to the same conclusion as the Ninth Circuit, then it would become more settled law that the Act is unconstitutional. However, if the Tenth Circuit were to rule differently, it would make it more likely that the U.S. Supreme Court would step in to settle the dispute.

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

Sleep and Combat

2011-05-23T09:51:00.000-04:00

by Jim Fausone
Veterans Disability Lawyer

The research continues on veterans and sleep apnea. A study presented in May 2011 at the American Psychiatric Association's annual meeting suggests that sleep disturbances like obstructive sleep apnea (OSA), excessive awakening and insomnia, may be a normal result of combat experience and not specifically related to PTSD or TBI.

However, the sleep study participants did not have a higher rate of OSA than non-veteran sleep clinic participants, calling into question the commonly held view that sleep apnea and related sleep disorders are a function of PTSD and TBI. Rather, they appear to be a function of experiencing stress under combat conditions, even if that stress does not rise to the level of PTSD.

As we have written before, OSA is an increasingly approved rating by VA. You may find the article on the study of interest.

http://www.healthnewsdigest.com/news/Research_270/Sleep_Disruptions_May_Be_a_Function_of_Combat_Not_Specific_to_PTSD_or_Other_Medical_Disorders.shtml

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

VA Malpractice Data

2011-05-20T10:15:00.001-04:00

by Kristina Derro
Veterans Disability Lawyer

Recent data published by the Project on Government Oversight revealed that VA paid out over a dozen million-dollar malpractice payouts because of either failure on the part of VA to obtain informed consent from its patients or VA’s health care providers failing to timely diagnose and treat conditions.

Out of more than 12,000 claims against VA from 1989 to 2008, several thousand were related to medical malpractice. Of those, 16 had payouts of $1 million or more due to clinical negligence.

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

NLRB Outrageous Decision

2011-05-19T08:14:00.003-04:00

by Jim Fausone

Over 30 years of practicing law, I have seen foolish and unexplainable decisions by courts and boards. This one has to be in the top ten.

The National Labor Relations Board (NLRB) recently ruled that Boeing's opening of a plant in right-to-work state South Carolina was prohibited because it was anti-union. The NLRB ruled that Boeing’s decision to locate in the south was retaliation for union strikes in Washington State. Notwithstanding, the facts showed that Boeing had added 2000 jobs in Washington State. The critics claim this decision by the Obama NLRB is pay-back for union support of the administration.

Business decisions are motivated primarily by making a profit for the company. If the government can tell you where you can build your plant in this country, expect those who can move out of the country to do that. Do we want Lansing to tell a business you can only build in Detroit or the UP? This decision is outrageous and should heighten calls for defunding of the NLRB.

http://americansforprosperity.org/042511-south-carolina%E2%80%99s-right-work-boeing-and-nlrb

Take “All my Loving” (and my Money too)

2011-05-18T08:09:00.002-04:00

by Wendy Alton

Paul McCartney is marrying for the third time—this time to Nancy Shevell. Apparently they have known each other for 20 years, and she has independent wealth of her own. Perhaps this is the reason they have announced they are not going to sign any prenuptial agreements. The media has reported that Nancy has signed a one-page document stating that she won’t pursue any of the trust fund money going to Paul’s children. Other than that, no prenuptial agreement. Good or bad?

Prenuptial agreements are agreements made between couples who are planning on getting married. Those agreements will state what happens with their money and property if they ever divorce or die. It can dictate how they will purchase things and how they will share debt. It can indicate whether or not spousal support or alimony will be awarded if they divorce.

Prenuptial agreements are very common when two people are bringing significant assets of their own into the marriage, or even significant debt. They are also common when people are marrying later in life and they have grown children they want to provide for if they were to pass away. They are common with people who are marrying for the 2nd or 3rd time, or for people who have businesses that they have started or have inherited through the family. They are far more common than they used to be.

For couples that are anticipating marriage, it is very important to at least consider whether or not to have a prenuptial agreement in place prior to getting married. This is particularly important if each person has their own property, investments, retirement and savings. If a couple decides on a prenuptial agreement, they must fully disclose to each other all of their property and debt and the value of each, and must agree to consult with an attorney prior to signing it. They are usually signed prior to the wedding.

And yes, they are drafted for people just like you and me, even if we don’t have royalties from Beatles’ songs at stake.

Read the ABC news story here: Paul McCartney Engaged to Nancy Shevell: Third Time Charmed?

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.

Ninth Circuit Rips Apart VA Over Mental Health Care

2011-05-17T08:17:00.002-04:00

by Kristina Derro
Veterans Disability Lawyer

The United States Court of Appeals for the Ninth Circuit unleashed its fury on the VA last week in a decision where the judges ruled that the “unchecked incompetence” by the VA had led to poor mental health care and slow processing of disability claims for veterans. Two nonprofit organizations, Veterans United for Truth and Veterans for Common Sense, filed a lawsuit seeking to force VA to make changes to the way it treats veterans with mental health disabilities and handles compensation claims.

The Ninth Circuit agreed with the plaintiffs’ case that the VA must put mental health initiatives into effect throughout the entire system and change the way it adjudicates disability compensation claims in its various regional offices. The Court cited to statistics that it often takes weeks for a suicidal veteran to get a first appointment at a VA and that it often takes VA an average of four years to fully provide the mental health benefits owed to veterans.

During the trial, emails between high-ranking VA officials were entered into evidence, revealing that VA was aware of the high suicide rates among veterans and that it harbored a desire to keep quiet the number of veterans under its care who attempt suicide. The Ninth Circuit opinion stated that “[n]o more veterans should be compelled to agonize or perish while the government fails to perform its obligation”. The Court found that there were no suicide prevention officers at any of the VA’s 800 community-based outpatient clinics, the screening for suicide by the VA was not rigorous, and that 70% of VA medical centers did not have systems to track potentially suicidal veterans.

The Ninth Circuit also wrote a scathing opinion regarding the way VA handled disability compensation claims. The opinion noted that the processing of an initial claim usually took longer than the 120-day goal set by the VA itself, and that regional offices take more than a year to certify appealed claims which the Court found was “a merely ministerial act”. The Court found that no official with VA “was able to provide the court with a sufficient justification for the delays”.

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

The iPhone Divorce App: Will it Make Divorce Lawyers Extinct?

2011-05-16T08:43:00.002-04:00

by Wendy Alton

There is no doubt that the iPhone offers significant advantages to cell phone users with the hundreds, if not thousands, of apps (applications) that you can download and use. You can use your iPhone to read on the (free) Kindle, rent movies, check local gas prices, plan your workouts and download coupons, just to name a few. You can truly personalize your phone to your own life. Now, it appears you can also download apps to help you through your divorce.

A Dallas Texas family law attorney created 2 divorce apps for the iPhone: one that focuses on the cost and preparation for a divorce, and the other for splitting assets. You can review these apps here: DivorceApps.com.

You can also download another divorce app called the “Divorce Encyclopedia,” which can be found here: 3stepdivorce.com.

Without looking at the apps themselves it is difficult to tell how effective or educational they may be. I typically advise my clients to read anything online with skepticism, because only a Michigan family law attorney truly understands how the court will handle your divorce issues. That being said, there are valuable websites that offer a wealth of credible information. Perhaps apps will do that as well.

So, are the apps worth it? I don’t know—I have a Droid phone. I guess I’ll have to buy an iPhone to know for sure!

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.

Parenting Time: Are Courts Biased?

2011-05-13T14:35:00.003-04:00

by Wendy Alton

Parenting time is the legal term used in divorce for the specific schedule that each parent has with their children. Two recent studies conducted by Arizona State University raise some questions about whether the family courts are biased in their awards of parenting time.

I blogged last week about the parenting time schedule that the Wayne County Circuit (Family) Court recently implemented. Effective this year, parents that have a judgment or order that specifies “reasonable parenting time” will be bound by the court’s schedule, found here: Wayne County Circuit Court Co-Parenting Plan. Interestingly, the Co-Parenting Plan establishes parenting time plans time based upon the child’s age. Even a brief review of the Co-Parenting Plan reveals that in no way does it provide for equal time for both parents. The Co-Parenting Plan provides the non-custodial parent (usually dad) overnights on an every-other weekend basis, with one overnight each week.

However, the studies conducted and summarized here, Public Support Rising for Joint Custody, reveal that there is an incredible growing public support for equal time for both parents. Equal time was preferred in these studies even in high-conflict situations. The participants of the study made mock decisions as a judge in custody disputes, and overwhelmingly granted equal time to the mother and father. The studies reveal that the public believes that courts favor mom, and that the courts should instead be giving equal time with the children to both mom and dad.

The law in Michigan regarding parenting time states that “It is presumed to be in the best interests of a child for the child to have a strong relationship with both of his or her parents… parenting time shall be granted to a parent in a frequency, duration, and type reasonably calculated to promote a strong relationship.” MCL 722.27a. Many believe that this goes hand-in-hand with giving mom and dad equal time with the children. Many believe that the enforcement of cookie-cutter parenting time guidelines or even the Wayne County Co-Parenting Plan does not promote a strong relationship between the parents and their children.

It will be interesting to see how the courts respond to the growing public demand for equal parenting time, especially in light of recent parenting time guidelines that generally favor mom.

Lesson to learn? If you are going through a divorce and you are unsatisfied with the court’s parenting time plan, make sure that you or your attorney negotiate the specific time that you want time with your children. Agree on a schedule that works for the best of your own family.

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.

New Beginning for Board of Water Commissioners

2011-05-12T08:45:00.000-04:00

by Jim Fausone

The new Detroit Board of Water Commissioners took office on April 1, 2011. The new board structure was conceived as a settlement for long-standing litigation about the operations of Detroit Water and Sewage Department (DWSD).

Mayor Dave Bing is trying to get Detroit out from federal oversight of the Water and Sewage Department and the Police Department. As a member of the new board, I can attest to the board’s desire to identify and correct historical deficiencies in the governance and operation of DWSD.

To read about Mayor Bing’s plans, see the attached article from the Wall Street Journal.

http://online.wsj.com/article/SB10001424052748704322804576303881213466512.html?mod=googlenews_wsj

Veteran & Military Health Care Costs

2011-05-11T08:30:00.001-04:00

by Jim Fausone
Veteran Disability Lawyer

Have you noticed that when the national press talks about the cost of war it ignores the medical costs associated with the military and veterans? The VA budget is a reminder of the prolonged cost of war. A recent analysis of the DOD budget also drives this home.

Costs of the program that provides health coverage to some 10 million active duty personnel, retirees, reservists and their families have jumped from $19 billion in 2001 to $53 billion in the Pentagon's latest budget request. These costs are driving the President to suggest that veterans and those using TRICARE pay more for their health care. The Detroit News reports: "After years of resisting proposed increases for the military men and women who sacrificed for a nation, budget-conscious lawmakers suddenly are poised to make them pay a bit more for their health care."

The current TRICARE fees, unchanged in 11 years, are just $230 a year for an individual and $460 for a family. That's far less than what civilian federal workers pay for health care, about $5,000 a year. If this increase is passed on to retirees, you should expect pressure on VA to continue to raise the costs passed on to veterans.

We will have to remind Washington that the veterans are a unique group that gave the country the best years of their lives and should not now be asked to again bear the burdens of the country. Those who have never sacrificed for the country should do more - not the retirees and veterans.

From The Detroit News: http://detnews.com/article/20110509/NATION/105090339/Health-care-for-military-reaches-$53-billion#ixzz1Lsxqplu5

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

Detroit Divorce TV

2011-05-10T08:35:00.002-04:00

by Wendy Alton

The Michigan Film Office has just approved film incentives for a pilot courtroom reality TV show: “Domestic Justice.” The TV show is described as an “explosive new judicial reality show” where “real life drama meets common sense justice.” The episodes will involve domestic disputes involving custody and parenting time, but also bullying and harassment. The justice will be administered by Wayne County Circuit Court Judge Vonda Evans.

So is this going to be another Judge Judy show? A close look at the TV show’s website may provide an answer to this: Domestic Justice. It appears that the unique twist of Domestic Justice is that it will employ short-term and long-term counseling and therapy supervision for the participants, and appears that the focus of the “justice” will be on finding resolutions that integrate on-going counseling for everyone involved. The goal is also to provide follow-up segments to track the progress of the people involved in the dispute.

Do you have an issue that you want to submit for “common sense justice?” If so, the website Domestic Justice provides you with a list of questions to answer, and if your issue is relevant to the show, a submission form for you to fill out.

Keep posted for more details—and read more on MLive’s website: Michigan Film Office approves Detroit-filmed judge show for incentives.

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.

Removing the “Sheen” from Celebrity Divorce

2011-05-09T08:19:00.003-04:00

by Wendy Alton

Sorry, Charlie. As if Charlie Sheen hasn’t had enough “winning” media coverage—he received even more as his divorce with Brooke Mueller was finalized this week. The media has focused solely on money (big surprise), so all news stories have only discussed the amount of the property settlement and monthly child support award.

However, TMZ posted the actual divorce judgment online here: In Re Marriage of Sheen. There are some interesting things to note in that Judgment other than just how much money was awarded.

First, despite the fact that Charlie and Brooke are celebrities, the custody, parenting time and child support provisions of their Judgment look pretty similar to the provisions that are in most “average Joe” divorce judgments, including those that I have drafted. For example, Charlie and Brooke share legal custody of their 2 year old boys, Bob & Max. While Brooke has sole physical custody, the parenting time is pretty equally shared. Brooke and Charlie share all holidays and have equal vacation time with the kids. They also agreed to allow the other to take the kids out of state without advance written permission from each other. Charlie must provide health insurance for the boys, and Brooke and Charlie agree to equally share the cost of any of the kids’ extra-curricular activities. Brooke and Charlie also agree that neither can make unilateral decisions about where the boys attend school, but if private school is chosen, Charlie will pay the tuition. Those are pretty “normal” provisions in any divorce.

One of the more interesting and unique provisions in the Judgment involves child support. Brooke was awarded $55,000 per month (yes, per month) for child support for the boys. The Judgment goes on to state that Brooke’s child support shall never be less than the child support that Charlie Sheen pays to his other ex-wife, Denise Richards. The Judgment continues, stating that Charlie and Brooke both recognize that Denise has more assets and earning capacity then Brooke, and that Denise’s children have trust funds, while Brooke’s children do not. Thus, the absolute minimum child support that Brooke will receive will never be less than child support paid to Denise. This is a pretty interesting provision because it provides a base child support number without consideration of income or parenting time. This would be a difficult provision to enforce in Michigan.

What else is noteworthy in this Judgment? Well, Brooke signed a prenup or “Premarital Agreement” on May 27, 2008, before she married Charlie. The Divorce Judgment abides by this prenup, which means that Brooke receives zero spousal support. Yes, Brooke waived her right to alimony now and forever. While that may be surprising in this divorce to waive alimony, it is pretty common in most divorces.

Anything else stick out? Brooke agrees to never talk to the media about Charlie’s alleged sexual affairs and alleged drug use, and Charlie agrees never to talk to the media about Brooke’s alleged drug use. Interesting.

By taking a closer look at Charlie and Brooke’s Divorce Judgment, one can easily see that despite their celebrity status, Charlie and Brooke’s issues are resolved in a pretty standard way.

If you are interested in learning more about child support, divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

Honoring Michigan Mothers

2011-05-06T09:49:00.003-04:00

by Wendy Alton

"I’ll be a wife and mother first, then First Lady.” ~Jackie Kennedy

Mother’s Day is this Sunday, and it is fitting to take a moment to honor some Michigan mothers who were not only role models for their own children, but pioneers in their field. Because I am a lawyer, I am obviously drawn to Michigan mothers who were pioneers in the field of law.

Martha Strickland Clark (1853-1935). Martha was a single mother when she began law school at the University of Michigan Law School in 1882. In 1887 she became the first woman lawyer in Detroit. She was also the first woman to argue a case before the Michigan Supreme Court, and argued that a woman could divorce a husband who was abusing her. She was back in front of the Michigan Supreme Court in 1890 arguing that a woman could hold the office of deputy county clerk. She won both cases.

Rachel Andresen (1907-1988). At the age of 28, Rachel was widowed, left to raise three children on her own. Perhaps this was why she focused on children, founding Youth for Understanding, an international exchange program for high school students. Youth for Understanding still exists today, and provides opportunities for thousands of high school students. For her pioneering work and founding of Youth for Understanding, Rachel was nominated for the Nobel Peace Prize in 1973.

Anne R. Davidow (1898-1991). Anne was actually denied admittance to the Detroit College of Law because she was a woman. So she attended another law school. She married and had two children, and became famous for a case she argued in front of the United States Supreme Court in 1948, Goesaert v Cleary. In that case, she argued against a law in Michigan that did not allow women to tend bar unless their fathers or husbands owned the bar. While Anne lost the case, the law was actually repealed, and the case of Goesaert v Cleary is taught in law schools around the country.

Cornelia Groefsema Kennedy (1923 - ). Cornelia Kennedy was the second woman to serve as Judge in Wayne County Circuit Court and the first Michigan woman to be appointed to the federal bench by President Nixon in 1970. She was then appointed by President Carter to the United States Court of Appeals for the Sixth Circuit. I have a special place in my heart for Justice Kennedy. When I had just passed the Michigan Bar, Justice Kennedy administered my oath to the federal bench, and swore me in as an attorney to the United States District Court, Eastern District of Michigan. I also had the privilege of working for her son, Charles Kennedy, also a lawyer.

I couldn’t close this without thanking my own mother, Dorothy Sluka, for her constant love and support, for without that, I wouldn’t have the inspiration to be both a mother and lawyer today.

“All mothers are working mothers.” (author unknown). Take a moment this Sunday to thank those mothers who have made a difference in your life.

If you are interested in learning more about family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com

Jail for Former Red Wings Trainer: Unpaid Child Support

2011-05-05T08:36:00.002-04:00

by Wendy Alton

The Detroit News reported that former Red Wings’ trainer John Wharton was arrested and jailed for unpaid child support: Former Wings trainer Wharton jailed on child-support charges. It appears he had been arrested before for unpaid child support, but paid a bond and then left the state moving to New York. He recently returned to Michigan, however, and was arrested again on a warrant issued by the Michigan Attorney General.

In Michigan, child support obligations are enforced by not only the courts, but also the local prosecutors and even the attorney general’s office. For non-payment of child support, the Friend of the Court can garnish your tax refunds, suspend your driver’s license, file a lien against your property, report the debt to credit agencies, garnish a private pension or retirement, and issue a bench warrant for your arrest. Additionally, in cases where the amount of support owing is excessive, the Friend of the Court can refer the case to the local prosecutor for felony charges. Felony non-support cases can also result in jail sentences.

What people don’t always realize is that child support is modifiable in Michigan. The Friend of the Court can conduct an automatic review of child support every 36 months. However, if there is a substantial change in income, a parent can file a request for modification and have it reviewed, even if it hasn’t been 36 months.

The court and Attorney General will also work with parents on overdue support. However, an effort must be made to make timely payments, and if the parent is unemployed, to find viable employment.

The lesson is clear—if there is a substantial change in income, it is important to request modification of child support. If the person paying child support becomes delinquent, the penalties can be excessive and extreme, and, in some cases, avoidable.

If you are interested in learning more about child support, divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

Splitting the House in a Divorce…. Literally

2011-05-04T08:25:00.002-04:00

by Wendy Alton

The 6 year divorce case of New York’s Simon and Chana Taub was recently finalized by order of the court last week. Yes, it was a 6 year divorce. And no, the fact that it took 6 years is not the only shocking fact about this divorce.

One of the issues that the Taubs fought intensely about was who would live in their 3story brownstone in Brooklyn. When they both refused to move out while the divorce was pending, they split the house. Literally. They installed a wall down the middle of the house so they could both live there.

If that gives you flashbacks to the movie “War of the Roses” then you are spot on.

However, the Judge ordered that the house now be sold. Neither Simon nor Chana Taub will be able to keep the house. Can the Judge do this? Can the Judge order that the house be sold?

Absolutely. Judges in family court can dispose of the marital assets in any way that they determine is fair and equitable. Even in Michigan, if two people are fighting over a house, or any piece of property for that matter, the Judge will likely just order that it be sold. Selling the property definitely ends the dispute about who gets it.

In Michigan, selling property is sometimes a complicated solution because of the real estate market and downward economy. However, it is often the only equitable decision if the divorcing couple continues to fight over who keeps the house, and refuses to settle the issue themselves.

You can read more about Simon and Chana Taub’s divorce here: NYC couple who split house with wall get divorce.

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.

Wayne County Family Court Establishes Parenting Time Guidelines

2011-05-03T10:21:00.002-04:00

by Wendy Alton

In a divorce or custody case involving minor children, the parents must ultimately decide how legal custody, physical custody, and parenting time is going to be shared. Parenting time is the legal term for the specific schedule that each parent has with the children. (courts used to call this “visitation”—obviously “parenting time” is a much more preferable term). Often times the parents will agree to work together, and in those cases the issue is resolved with the order or judgment specifying “reasonable parenting time.” This avoids having to agree to a rigid and specific schedule. “Reasonable parenting time” has typically meant that the parents will work together to create and maintain a flexible schedule.

However, that is no longer the case in Wayne County Family Court. Effective this year, 2011, Wayne County has established parenting time guidelines titled “Wayne County Circuit Court Co-Parenting Plan.” Effective this year, parents that have a judgment or order that specifies “reasonable parenting time” will be bound by the court’s schedule, found here: https://www.3rdcc.org/FOC/Forms/Parenting%20Time.pdf. Interestingly, the Co-Parenting Plan establishes parenting time plans time based upon the child’s age.

In theory, this is a good thing. The Co-Parenting Plan will give parents a schedule that is predictable and manageable. It also simplifies the negotiation process. Parents can now just agree to “reasonable parenting time” in a judgment or order, and have a schedule that they can rely on and work from.

The down side? If a parent is unaware of the Co-Parenting Plan, and agrees to “reasonable parenting time” in their order or judgment, then despite any agreement otherwise, the court will enforce the Co-Parenting Plan. If one parent asks the court to enforce parenting time, the court will hold both parents responsible for following the Co-Parenting Plan, even if they were not aware of it at the time their order or judgment was entered with the court.

An interesting note: published opinions from the Michigan Court of Appeals have held that a request for a parenting time change must be based on a change in circumstances or good cause, and also a determination that the requested change is in the best interests of the child. However, if you look at the Co-Parenting Plan closely, the parenting time schedule changes as the child grows older. The Co-Parenting Plan is based upon the notion that parenting time should change automatically as a child ages, without showing a change in circumstances or good cause. Many parents, judges and attorneys firmly believe that this should always be the case. The Michigan Court of Appeals has yet to publish an opinion supporting an automatic change based upon age. Until that happens, there will be some conflict between the established law and the implementation of the parenting time guidelines.

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.

Should You Change Your Name After a Divorce?

2011-05-02T08:38:00.003-04:00

by Wendy Alton

A small but important question is always asked of the wife during divorce proceedings: Do you want to keep your married name, or go back to your maiden name? If the attorney fails to ask the wife this question, ultimately the Judge will ask the question at the final hearing.

In my experience as a divorce attorney, many women have a difficult time making this decision—especially if they have children from the marriage. Most women are concerned that if they go back to their maiden name, that their name will be different from their children’s’ name, and that this will cause problems. Some women, on the other hand, are concerned that if they don’t go back to their maiden name, and their soon to be ex-husband remarries, it will be too confusing altogether. Others who have established a professional reputation during their marriage are concerned that changing their name back to their maiden name will have a detrimental effect on their business. There are obviously a host of reasons that make this decision difficult.

To clarify, just having a provision in the Divorce Judgment changing a woman’s name doesn’t make the name change legal. In order to legally change your name you must take that Divorce Judgment to the Michigan Secretary of State and the Social Security Office to officially change it. So even having a provision in the Judgment of Divorce doesn’t make the name change automatic. There are further steps to take in order to make the change legal and official.

There is, however, a very significant advantage to including a name change provision in a Divorce Judgment. If this provision is in the Divorce Judgment, the woman can decide at any time to make the name change legal and official. That means that she can make the change right away, wait a while, or never change it. Having the provision in the Judgment makes it easy to change it officially.

What happens if you don’t have this type of provision in the Divorce Judgment, but want to change it later? If there is no name change provision in the Divorce Judgment, then you must file a petition with the Court for a name change, and follow all of the necessary procedures. The Michigan Courts website offers a tutorial on this process here: Name Change Self Help. It should be noted that there are significant costs included in a name change petition. There are filing fees, fingerprinting fees, publishing fees, and order fees. These fees will exceed $300.00. You also have to be fingerprinted, and your fingerprints must be sent to the Michigan State Police and the FBI. Both agencies must report to the Court about any pending charges or convictions. The process is time-consuming and expensive.

If in doubt, it is better to err on the side of caution and include a name change provision in your Divorce Judgment. If you decide never to change your name, it won’t hurt you. If you decide to change your name in the future, it will save you significant time and money.

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.

Website: http://courts.michigan.gov/scao/selfhelp/family/nc_help.htm.

Little known Board of Review may help Veterans obtain Disability Retirement

2011-04-29T14:40:00.004-04:00

By Jim Fausone, Veteran Disability Attorney

Were you medically discharged from service? Was your discharge between the dates of September 11, 2001 and December 31, 2009? Were you discharged with a combined disability rating of 0%, 10% or 20%? If you have answered yes to all of these questions, then the DoD has created a new program to assist you in getting your discharge upgraded to a disability retirement, the Physical Disability Board of Review (PDBR).

The PDBR has been accepting applications since 2009. Its purpose is to review disability cases and determine if the veteran should have been awarded a disability retirement (which is a 30% combined disability level or higher). The benefits of having disability retirement are numerous; it enables the veteran to receive higher pay and additional benefits that are only available to those retired from service. The PDBR cannot implement changes; rather, it makes recommendations to the veteran’s Service Secretary who will issue the final decision. As of right now, there is no cutoff date to apply and there is no standard length of time for the total process as it is a newer program.

When a veteran fits the criteria above, they mail a completed DD Form 294 to the Central Intake and Tracking Unit (CITU) at Randolph Air Force Base in Texas. You can get a copy of DD Form 294 by visiting www.dtic.mil/whs/directives/infomgt/forms/eforms/dd0294.pdf. Once your application and supportive non-DoD documents are submitted, your case will be summarized by a medical member of the PDBR for presentation and vote by the PDBR’s Board.

Although there are approximately 70,000 eligible veterans, a mere 2,100 veterans have applied for review as of March 2011. However, of those 3% of eligible veterans who have applied, a promising 56% of cases have been recommended by the PDBR as being eligible for a disability retirement.

Here are some things to consider before you apply for review by the PDBR. It only looks at rated decisions; if you have a disability that was denied and not rated by the military, the PDBR will not review it for recommendation. If the PDBR recommends a disability retirement and the Service Secretary grants it, the benefits are retroactive to the date of your Physical Examination Board’s (PEB) separation action. Finally, the decision of the Service Secretary is final- there are no appeals or requests for reconsideration if new material evidence becomes available.

The traditional option is for the veteran to apply to the Board for Correction of Military/Naval Records (BCMR/BCNR). The BCMR makes both recommendations and decisions. If you were not rated for a disability at the time of discharge, the BCMR/BCNR will consider changing the record to show that you were rated for the disability. If BCMR/BCNR decides in your favor, the benefits are retroactive to the date of separation from service. If an appeal was previously denied, and relevant, newly-discovered evidence becomes available, the BCMR/BCNR will conduct a reconsideration of the appeal.

For more information about PDBR, the application process, and the comparisons between the PDBR & BCMR/BCNR please visit:
http://www.health.mil/About_MHS/Organizations/MHS_Offices_and_Programs/PDBR

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

Divorcing? Don’t Forget the Dog

2011-04-29T08:17:00.003-04:00

By Wendy Alton

Last week, the New Zealand Herald posted a story titled “Divorced couple in court over dog custody.” While the story may have been written tongue-in-cheek, it most certainly was not a joke. We often think that custody battles involve just children. However, pets are often cherished members of the family, and how divorcing couples share time with their pets is often of primary focus and concern. It is not uncommon to hear the following: “My dog is my baby.”

Despite the close loving relationship we have with our family pets, they are considered personal property in Michigan—which means that a divorcing couple must come to an agreement on who is going to take the pets. Sometimes this is easily resolved, because in some marriages only one spouse is emotionally attached to the pet and wants it. But what happens when both people want Fido? How can you resolve that sort of situation?

In one of my former cases, we wrote a specific agreement into the Divorce Judgment regarding the dog. One person took custody of the dog, but the other person had the option of monthly visits with the dog, and was entitled to advance notice if the dog fell ill or needed to be put to sleep. The upside of this: the person who didn’t take the dog had a chance to continue visits with the dog. The downside of this: in a divorce with no children, the couple continued to be connected after divorce. (yes, for most people this is a downside).

In another of my former cases, the dog was actually awarded to the minor children, and the dog travelled back and forth with the children to mom and dad’s house. The expenses for the dog and any vet bills were to be shared equally between the mom and dad. There didn’t appear to be any downside to this type of arrangement.

While those are merely two examples of how to handle a divorce dispute about a family pet, there are dozens of potential solutions, and particularly a solution that caters to your particular situation.

Lesson to be learned? If you are going through a divorce and have a pet, be sure to tell your attorney. If your attorney doesn’t ask and you don’t let them know in advance, this can potentially hinder a successful settlement because it will be a surprise issue in the end.

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.

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10720783

App for That

2011-04-28T12:07:00.001-04:00

by Jim Fausone
Veteran Disability Lawyer

I knew it was coming. VA now has an app for that. It recently announced an app for PTSD. The government application for smart phones is called “PTSD Coach” and users can track their PTSD symptoms, links them with local sources of support, provides accurate information about PTSD, and teaches helpful individualized strategies for managing PTSD symptoms at any moment.

The free PTSD Coach app is now available for download from the iTunes store and will be available for Android devices by the end of the spring. I have written before on how VA is moving into social media and the importance of adopting technology to properly serve our veterans. Here is another tool and VA should be applauded for this new concept.

http://www.va.gov/opa/pressrel/pressrelease.cfm?id=2080

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

TBI & Helmets

2011-04-26T11:54:00.006-04:00

Jim Fausone
Veteran Disability Lawyer

We all know the IEDs and TBI are the signature problems of the Afghanistan and Iraq wars. Battlefield doctors in Afghanistan diagnosed more than 300 troops per month with concussions or mild traumatic brain injuries last summer. A recent study suggested an eighth of an inch of padding would decrease injuries by 24%. Could it be this simple. Yes. DOD needs to implement this idea ASAP. Lets avoid the problems down the road with VA claims processing, by implementing this simple idea. Read about this study below.

http://www.usatoday.com/news/nation/2011-04-17-army-helmets-brain-injury.htm

Backlog Excuses Rise

2011-04-18T11:26:00.002-04:00

by Jim Fausone
Veteran Disability Lawyer

When VA recognized additional presumptive disabilities, you could expect an increase in claims. So the VA added 3,000 claims processors last year, for a total of 14,000.

Nevertheless, the number of veterans' initial disability claims taking more than four months to complete has doubled. The number of claims that take more than 125 days to decide has gone from 200,000 a year ago to 450,000 today. This does not count the half million or so claims on appeal after an initial decision.

So, what are the excuses? The VA says the delays are due in part to (1) a generation of Iraq and Afghanistan veterans with more complex claims, (2) the expanded compensation for Agent Orange-related illnesses and (3) the poor economy. Nobody doubts the reasons, but action, not excuses,is what is needed by the VA brass.

http://www.usatoday.com/news/military/2011-04-07-1Abacklog07_ST_N.htm

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

New Legislation Will Help MST Victims

2011-04-13T08:46:00.002-04:00

by Kristina Derro
Veteran Disability Lawyer

A 2008 survey performed by the military revealed that over 21% of service women are victims of Military Sexual Trauma (MST). Unfortunately, due to the private nature and the stigma attached to this type of assault, along with the embarrassment and fear of retaliation that the victims have, most incidents go unreported. In fact, the Department of Defense has acknowledged that 75% of MSTs are not reported.

Victims of MST suffer through the initial assault and the repercussions during his or her time in service. The victims then end up being re-victimized when they apply for compensation from VA for the assault they suffered. The majority of VA claims for compensation for MST are denied because of a lack of documentation proving that they occurred. At this time, military records documenting MST are destroyed between one and five years after filing. This provides no lasting record for the MST victims.

A new piece of legislation has been recently introduced into Congress by Senator Amy Klobuchar (D-Minn) and is authored by members of both political parties. This Bill will change the way records regarding MST are made and retained across all five branches of the military. The goal is to allow MST records to be kept for a longer period of time, allowing the documentation to be available if and when the veteran ultimately applies for service connection years down the road. The Bill also includes provisions for research on sexual assault and harassment into the military, in an attempt to discover ways to combat and prevent MST from happening in the first instance.

Read more about this piece of legislation at: http://www.vabenefitblog.com/new-bill-addresses-record-keeping-for-military-sexual-trauma/

Do not be discouraged if you suffered from MST while in the military and failed to report it. Here at Legal Help for Veterans, PLLC (LHFV), we have been successful in getting benefits for those service men and women who either did not report the incident at the time it occurred, or had the records destroyed by the time they filed for VA benefits. In lieu of official military documents, we have used testimony from friends and family members who noticed pronounced changes in behavior in the veteran after the MST. Further, military performance reviews that have documented a significant and sudden decrease in performance have also been helpful in indicating that an MST occurred.

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

VA Fiduciary Challenges

2011-04-12T08:49:00.001-04:00

by Jim Fausone
Veteran Disability Lawyer

After fighting for benefits for years, a veteran is awarded compensation but VA can still cause immense frustration by declaring a veteran incompetent and appointing a fiduciary. A fiduciary is not appointed by a court, just a VA employee. The fiduciary may be a family member or it may be someone you have never heard of and it is just his business.

The VA reports it has appointed people to manage 111,407 accounts with a cumulative value of more than $3.2 billion. A fiduciary earns 4 percent commission on the money under his care. So $120 million gets paid to fiduciaries rather than to veterans. The VA’s inspector general has warned, however, that the department does not do enough to protect its veterans from bad acts of fiduciaries. The problems with VA fiduciaries just received attention in the New York Times article attached.

http://www.nytimes.com/2011/04/08/us/08vets.html?pagewanted=1&_r=1

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

TBI & Purple Heart

2011-04-11T08:37:00.003-04:00

by Jim Fausone
Veteran Disability Lawyer

There are two important points here: (1) you are entitled to a Purple Heart if you suffered a TBI as a result of enemy action and (2) because Purple Heart status entitles you to special treatment by VA it is important to receive the Purple Heart. Military Uniform Regulations currently call for awarding Purple Heart medals for "concussion injuries caused as a result of enemy-generated explosions". At the start of these wars, a decade ago, confusion existed about TBI and Purple Hearts but DOD has made it clear that TBI's are eligible.

Read http://www.usatoday.com/news/military/2011-03-17-purpleheart17_ST_N.htm

The VA gives special status to Purple Heart recipients. Veterans who have earned the Purple Heart medal now receive faster service and save money when they access Department of Veterans Affairs health care. So don't just walk away from this medal. It may be important decades from now when you need to access VA health care.

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

VA Blogging Good or Bad

2011-03-28T09:06:00.002-04:00

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

Turning Up The Heat

2011-03-16T12:03:00.002-04:00

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.

No Foreclosures for Service Members

2011-03-14T10:23:00.002-04:00

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

Rare US Supreme Court Case

2011-03-04T10:34:00.004-05:00

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

Sacrifice of Few for Many

2011-03-03T10:50:00.001-05:00

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

Korea DMA Agent Orange

2011-03-02T08:05:00.002-05:00

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

Forging the Path on Check Fraud: The Basics

2011-03-01T08:49:00.001-05:00

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/

How Child Support is Calculated in Michigan

2011-02-28T08:17:00.002-05:00

by Wendy Alton

It seems like one of the biggest mysteries with family law clients is how child support is actually calculated. It is a common misperception that child support is based just on the income of both parents. While income is a factor, it is not the only consideration when child support is calculated.

In Michigan, the following is a standard list of items considered to calculate child support:

1. Income. Each parent’s income is considered, which includes wages, overtime, commissions, bonuses, self-employment income, contract income, investment earnings, social security, unemployment, disability, worker’s compensation, retirement income, military pay, tips, gambling earnings, alimony (spousal support) and employment perks, just to name a few.

2. Deductions from Income. Income is reduced by deductions, including but not limited to actual taxes paid, mandatory payments withheld as a condition of employment (like union dues), life insurance premiums if the children are beneficiaries, employer contributions to pension plans, and spousal support paid to someone other than the other parent

3. Number of Children. This is the number of children of this particular marriage.

4. Second Family Adjustment. There is an allowable deduction for other biological children of each parent.

5. Tax Filing Status. It must be specified how each parent is filing taxes: single, head of household, married filing jointly, or married filing separately.

6. Tax Exemptions. Child support considers how many tax exemptions each parent has, and how many of those exemptions are for children under the age of 17.

7. Child Care. The monthly child care amount (and for how many children) must be specified for each parent.

8. Health Insurance Premiums. The monthly amount that each parent pays for health care insurance premiums is considered. (premiums only—not out of pocket expenses)

9. Parenting Time Schedule. Child Support considers the number of overnights each parent has with each child.

All of the above factors are considered, and each factor is plugged into a computer program that provides an initial child support recommendation. The courts use this computer program, and many family law attorneys (like our office) have programs that are similar to the court’s program.

While the list above sets forward the general factors used in computing child support, keep in mind that there are situations that can exist that justify a “deviation” from the recommendation. This can occur, for example, when one parent is voluntarily unemployed or underemployed, when a child has special needs, if the parent is a minor, or if a parent is incarcerated to name a few, or other situations that a court determines relevant.

Each case has its own special facts and situations that must be considered in order to properly calculate child support. Income alone is not the determining factor for how child support is calculated. If you are currently paying or receiving child support and are unclear as to how your child support was calculated, you should contact a family law attorney to have your child support reviewed and analyzed. This is one of the most frequent services that we offer our own clients.

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.

Sledge Hammer to EAJA Fees

2011-02-25T11:45:00.002-05:00

by Jim Fausone
Veterans Disability Lawyer

So the government lets veterans hire lawyers, but it is not happy about that. When the VA is wrong at the Court of Appeals, which it is about 75% of the time, VA has to pay legal fees under the Equal Access to Justice Act (EAJA). The fees are limited, but fair. EAJA applies to any federal claim.

Apparently the Western politicians think environmental groups are getting fat on EAJA fees. So the Republican House has proposed a 7-month moratorium on EAJA fees. If the Senate passes and the President signs it into law, EAJA fees may be suspended or terminated.

What does that mean for veterans? Lawyers, who have to pay staff and overhead, will have to determine if they can afford to work for veterans in the Court of Appeals for free. Veterans will have to face litigation, appellate procedures, and VA's attorneys, without professional and trained advocates. I suggest the government rethink using this sledgehammer. The problem is the bureaucracy that denies people their rights, not that people prove the government’s missteps.

Write your Congressman and tell them to put the sledgehammer down and work on fixing the system. Don't deprive veterans of representation.

http://www.politico.com/news/stories/0211/50075.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

How to Avoid Divorce Lawyers

2011-02-24T14:02:00.001-05:00

by Wendy Alton

It is true that as divorce lawyers, we see couples divorcing on a daily basis. Because of this, we do often see certain types of behavior that seem to be common as marriages fall apart. However, instead of focusing on red flags, we thought it would be helpful to talk about what things a couple could do to keep their marriage happy and healthy.

Here is what we have been told are the top 5 signs of a healthy marriage:

1. Communication. Couples should not only both speak their feelings, but they should also both genuinely listen. One-sided communication doesn’t work.

2. Laughter. “A merry heart does good like a medicine.” Proverbs 17:22. Laughter can wipe away hurt and miscommunication. Suddenly big issues feel smaller.

3. Appreciation. Couples should speak appreciation each day about something or anything to each other, and also speak appreciation each day about their partner to others.

4. Date Night. Couples should have a date night at least once a week. This is especially important when there are children in the home.

5. Vacation. Couples should take a vacation at least twice a year. Getting away from the routines of life help us to remember how much we enjoy our partner.

Seems simple, right? As with everything, we would assume that it is more about doing it than just knowing it. Is it worth the effort? As divorce attorneys, we can say without a doubt that there are no winners in divorce, and divorce comes at a high emotional and financial cost. If you can save your marriage and make it healthier and happier, then yes, it is most definitely worth it!

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.

Legal Separation v. Divorce

2011-02-18T11:18:00.002-05:00

by Wendy Alton

Legal Separation (Separate Maintenance) in Michigan is essentially a divorce while still being married.

“What is the difference between a legal separation and a divorce?”

Answer: A legal separation is like getting divorced, but still remaining married.”

One common question that is often asked is whether or not Michigan has what is called a “legal separation,” allowing a married couple to legally separate, but still remain married.
The simple answer is yes, but the procedure is not so simple. Michigan has a legal action entitled “Separate Maintenance.” An action for “Separate Maintenance” is filed with the court just as a Divorce action is filed. The process for a Separate Maintenance action is identical to that of a Divorce. In a Separate Maintenance action, just as in a Divorce action, the couple must decide on how they are going to distribute their assets, share their debt, determine child support & spousal support, and also address how assets are purchased and debt is acquired in the future.

At the end of a Separate Maintenance action, a Judgment of Separate Maintenance is entered with the Court, and the couple is officially legally separated, meaning that all property and debt has been divided, but the party is still legally married.

Why would a couple proceed with a Separate Maintenance action instead of a Divorce? The most common reasons are religious and medical. Some people opt for a Separate Maintenance action because divorce is frowned upon or prohibited in their religion. Some people truly need the medical insurance of their spouse and cannot obtain insurance on their own. For these people, they essentially become “divorced” but still remain married.

What happens if you go through the entire Separate Maintenance action and then decide later that you want to become divorced? You have to file a Divorce action with the court and start from the beginning again.

Separate Maintenance actions are not very common in Michigan, but it is the only legal avenue in Michigan that allows a couple to split all assets, share all debt, live independently, but still remain married. It is the only way for a couple to become legally separated.

If you are interested in learning more about separate maintenance, divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

DOD Tolerates Rape

2011-02-17T11:34:00.001-05:00

by Jim Fausone
Veterans Disability Lawyer

A group of former military members are suing the senior leaders of DOD claiming they have been slow to change the DOD culture. They claim the senior leaders are tolerating rape and harassment of women service members. The suit was filed this week and NBC reported the story this week. The problem has been discussed in report after report that has investigated the allegations.

The unique aspect of this story is that the women veterans have filed suit against the current and former Secretary of Defense. No one should tolerate this behavior and MST against men or women cannot be tolerated in a military force protecting a civil society.

http://www.nbc.com/news-sports/msnbc-video/sexual-assault-victims-sue-pentagon/

http://www.examiner.com/female-veterans-affairs-in-national/military-rape-and-sexual-assault-lawsuit-against-secretary-of-defense-gates

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

Going Through a Divorce? Marriage Counseling Can Work

2011-02-10T08:21:00.001-05:00

by Wendy Alton

Even if you are in the middle of a divorce, marriage counseling can help to save your marriage.

A common question asked is “Help! My husband filed for divorce, but I want to give it another try. I think he will commit to marriage counseling, but will it really work?”

Answer: Marriage counseling can always help save your marriage, even if you are in the middle of a divorce.

The State of North Dakota is considering a law making marriage counseling mandatory for couples who want to get divorced. This law would require couples who want to divorce to actually postpone that divorce for a year, and go through mandatory marriage counseling. The only exemption would be if there were substantiated allegations of domestic violence in the marriage.

According to Dr. Gail Majcher, a Northville psychologist, marriage counseling is a good idea for the majority of cases. She reports that as many as 70% of couples have already filed for divorce when they first come in. She explains that counseling should not be implemented for abuse cases.

As a Northville divorce lawyer, I have to admit that a 70% success rate in marriage counseling is surprising—but also very encouraging. So, from a professional who knows from experience, marriage counseling can absolutely save your marriage, even if you have filed for divorce.

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.

Korea AO

2011-02-09T09:38:00.003-05:00

by Jim Fausone
Veteran Disability Lawyer

Vets were exposed to Agent Orange in Vietnam, Thailand and Korea. Veterans exposed to herbicides while serving along the demilitarized zone (DMZ) in Korea will have an easier path to access quality health care and benefits under a Department of Veterans Affairs (VA) final regulation that will expand the dates when illnesses caused by herbicide exposure can be presumed to be related to Agent Orange.

Under the final regulation published 25 JAN 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 (DoD) to have operated in an area in or near the Korean DMZ in which herbicides were applied. Previously, VA recognized that Agent Orange exposure could only be conceded to Veterans who served in certain units along the Korean DMZ between April 1968 and July 1969.

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

Camp Lejeune Water

2011-02-08T12:54:00.002-05:00

by Jim Fausone
Veteran Disability Attorney

Every week we receive emails from Marine veterans who are concerned that they have been exposed to contaminated drinking water at Marine Base Camp Lejeune, NC. The water was contaminated with trichloroethylene (TCE), tetrachloroethylene (PCE), benzene and vinyl chloride. Many young men passed thru Camp Lejeune from the 1950s to the mid-1980s when the wells were shut off. VA has been reluctant to recognize the medical nexus of exposure to contaminated drinking water and various disabilities.

The VA decided last fall to consolidate all its Lejeune-related claims at a regional office in Louisville, Ky. The two US Senators from North Carolina are pushing a legislative fix to this problem. Creating a presumption for that medical nexus will be important for many families. This legislation is worth supporting and keeping track of.

Read more: http://www.mcclatchydc.com/2011/02/03/108067/hagan-burr-push-anew-to-help-camp.html##ixzz1CzRcO8xR

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

No Common-Law Marriages in Michigan

2011-02-07T08:05:00.001-05:00

by Wendy Alton

A common question asked is “Does Michigan recognize common-law marriages?” The short answer is no. The long answer is a bit more interesting.

Common law marriage is the term for a “marriage” that exists solely by agreement and by cohabitation. More simply, a common-law marriage exists when two people agree to live together to be “married.” Common-law marriage is one of the fundamental rights that has existed in this country since the first settlers.

In 1838, Michigan passed a law that stated that “marriages may be solemnized by any justice of the peace in the county in which he is chosen, and they may be solemnized throughout the state by any minister of the gospel who has been ordained.” This was the first law enacted in Michigan in order to move away from the recognition of common-law marriage. The law was formalized in order to try to require either a justice of the peace or a minister to “solemnize” a marriage.

However, the law didn’t stick. In 1877, the United States Supreme Court heard the case of Meister v Moore. This was a case about the validity of a common-law marriage between William Mowry and his wife, Mary, the daughter of a Native-American named Pero. William Mowry had cohabitated with Mary for seven years, and then passed away. They had one daughter together, and if they were actually married under Michigan law, any property William owned would eventually pass to his daughter. If William wasn’t married under Michigan law, then any property he owned would pass to his mother.

The United States Supreme Court ruled that Michigan’s law of 1838 did not require that marriages be validated by a justice of a peace or a minister, but instead stated such solemnization (authorization) was discretionary: “marriages may be solemnized.” Thus, the common-law marriage of William & Mary was valid, and their daughter would eventually inherit any land that William owned.

It appears that Michigan did not address this issue again until January 1, 1957, when it changed its law to require that marriages must result only from a marriage license. After January 1, 1957, mere consent to be married or cohabitation would not be enough. A couple wanting to marry and have their marriage recognized by Michigan law would have to apply for and receive a marriage license. After the marriage license was issued, the marriage would then have to be authorized by a judge, a mayor, a court clerk or a minister.

However, Michigan will recognize a common-law marriage that was entered into before January 1, 1957, and will also recognize a common-law marriage that was formed in another state that recognizes such common-law marriages under their law. Presently, only Alabama, Colorado, Georgia, Idaho, Iowa, Kansas, Montana, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and the District of Columbia recognize common-law marriages.

Long story short, in Michigan, unless you have lived with someone with the agreement that you are married since December 31, 1956, Michigan will not acknowledge your common-law marriage. In order to be married, you must apply for a marriage license, and have your marriage solemnized or authorized by persons specified by Michigan law. This also means that in Michigan, in order to receive all the benefits that a spouse receives (health care, property, and inheritance); just living together is not enough.

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.

Fault Does Matter in a Divorce

2011-02-04T10:07:00.001-05:00

by Wendy Alton

Scream 4 will be re-shooting some scenes in Northville in upcoming weeks. Two of the movie’s main stars, David Arquette and Courteney Cox, have had their names in the news for other reasons lately. They recently announced that they have separated after their 12 year marriage. After that announcement, David Arquette didn’t hesitate to openly discuss his marriage in the press, admitting that he himself had sex with a 28 year old bartender.

Infidelity has always been considered fault when it comes to divorce. But since Michigan is a no-fault divorce state, how much is fault really considered in Michigan?

This is actually one of the most frequent questions I hear as a divorce attorney in Michigan. It is true that Michigan is a no-fault divorce state. This means that you can file for divorce and get divorced without proving that your spouse is at fault for the divorce. Michigan became a no-fault divorce state in 1972, allowing couples to end their marriage without proving that the other spouse had committed adultery, cruelty, imprisonment or abandonment. Since the law changed in 1972, to get divorced you just have to indicate that there has been a breakdown in the marriage relationship, and your divorce can be granted.

However, that does not mean that fault is never considered in a divorce. And fault generally means more than just infidelity. It can also be based on domestic violence, drug or alcohol abuse, financial disaster (gambling, etc), or abandonment.

In Michigan, fault can affect three areas in divorce:
1) property division,
2) custody, and
3) spousal support (alimony).

When it comes to property division, Michigan law requires that any marital assets (assets earned or acquired during the marriage) are to generally be split equally, with each spouse taking 50% of the marital estate. However, if one spouse is at fault for the marriage, the court can award more property to the spouse who is not at fault, moving away from an equal split. However, the general rule of thumb is that fault cannot tip the scales too much, and at least one Court of Appeals case indicates a 60/40 split is too extreme.

When a court is asked to make a custody determination, the court looks at 12 factors that are considered to be the “best interests” of the children. One of those factors is the “moral fitness of the parties.” While this is only one factor out of 12, any issues of fault must be considered by the court if the court is to determine what parent should have custody of the children.

Finally, fault is considered by the court when it makes a decision about whether or not to award spousal support (alimony). The court must look at 11 factors in order to award spousal support, and one of those factors is the “past relations and conduct of the parties.” Again, it is merely one factor, but fault here can be considered to increase or decrease a spousal support award.

So the short answer to the question is yes, the courts do consider fault in divorce. The long answer to the question is yes, but it is merely one factor that the court considers, and it does not outweigh any other factor the court must consider.

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.

Reading your Spouse’s emails: Snooping or Hacking?

2011-02-03T10:08:00.003-05:00

by Wendy Alton

In my experience as a Michigan divorce lawyer, I have seen countless instances where one suspecting spouse has read the other spouse’s emails, facebook entries, or text messages, discovering that their spouse was cheating on them. These emails or text messages have been brought into my office to prove the affair, and have sometimes been used as evidence in divorce cases.

That may all change this year. Oakland County Prosecutor Jessica Cooper has criminally charged Oakland county resident Leon Walker for doing just that, and the case is set to go to trial, ironically, on Valentine’s Day.

Leon Walker was the third husband of Clara Walker, and suspected that she was having an affair with her second husband. Leon Walker accessed Clara’s laptop (that he had purchased for her), and opened her Gmail account by using her password, which he asserts that she kept in a book by the computer. Her emails revealed that she was in fact having an affair with her second husband.

Leon Walker took those emails and gave them to Clara Walker’s first husband, because Clara Walker had previously told Leon Walker that her second husband had previously beat her in front of her son from her first marriage. Leon Walker then filed for Divorce, and Clara Walker’s first husband filed for custody of their son. Clara Walker turned those emails over to the Prosecutor.

Leon Walker was charged with violating Michigan law MCL 752.795, which states that a person cannot “intentionally and without authorization” access a computer, computer program, computer network, or computer system, to “acquire, alter, damage, delete, or destroy property.” The same law prohibits spam and viruses. Despite the fact that they were married at the time he accessed her email, and despite the fact that the computer was purchased by him and her password was not kept a secret, Prosecutor Jessica Cooper charged him with a felony that is normally reserved for serious hackers—and Leon Walker now faces a penalty of up to five years in prison.

Prosecutor Jessica Cooper has publicly defended her decision to prosecute Leon Walker despite the public outcry and support for Leon Walker. Lawmakers have indicated a concern that this law would be used to prosecute parents for reading their child’s emails, and have indicated that legislation will be introduced to clarify who should be targeted by the law. It appears that lawmakers and the majority of the public share the opinion that this particular hacking law should not be used against spouses.

Unfortunately despite what will happen on the Valentine’s Day trial, the mere fact that Leon Walker was charged under this law should make people cautious about accessing the email & facebook accounts of their spouses without permission, whether or not they are going through a divorce.

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.

Prenups: Not Just for Jessica Simpson

2011-02-01T08:41:00.002-05:00

by Wendy Alton

Will Jessica Simpson insist on a prenuptial agreement (prenup) as she plans on marrying Eric Johnson? That seems to be the hot topic surrounding her life these days. Eva Longoria and Tony Parker had a prenup. George and Ann Lopez did not. Frank McCourt and his wife Jamie (owners of the Dodgers) apparently had two prenups and they each said different things. Why all the fuss about prenuptial agreements? What are they and why would we even consider one unless we were a celebrity?

Prenuptial agreements are agreements made between couples who are planning on getting married. Those agreements will state what happens with their money and property if they ever divorce or die. It can dictate how they will purchase things and how they will share debt. It can indicate whether or not spousal support or alimony will be awarded if they divorce.

Prenuptial agreements are very common when two people are bringing significant assets of their own into the marriage, or even significant debt. They are also common when people are marrying later in life and they have grown children they want to provide for if they were to pass away. They are common with people who are marrying for the 2nd or 3rd time, or for people who have businesses that they have started or have inherited through the family. They are far more common than they used to be.

For couples that are anticipating marriage, it is very important to at least consider whether or not to have a prenuptial agreement in place prior to getting married. This is particularly important if each person has their own property, investments, retirement and savings. If a couple decides on a prenuptial agreement, they must fully disclose to each other all of their property and debt and the value of each, and must agree to consult with an attorney prior to signing it. They are usually signed prior to the wedding.

And yes, they are drafted for people just like you and me, even if we aren’t as newsworthy as Jessica Simpson.

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.

Costly Delay

2011-01-31T10:17:00.000-05:00

by Jim Fausone
Veteran Disability Lawyer

Anyone involved with the VA disability system knows about the delays that quickly turn from months into years. It starts with the Regional Offices not being able to process the mail and get it in the correct file. It happens at the Board with the snail- slow transfer of files. As long as no one has the file, nothing can get done. It happens at the Court where it takes months for a decision to be made after the Secretary's lawyers have asked for countless extensions.

Well when the Court gets mad enough, it will make the Secretary pay for the delay. The Court awarded $19,000 in attorney fees for the veteran's lawyers time to move VA along. But the real problem is the veteran is without deserved benefits during that period. Maybe if the Court continues to whack the VA it will move a little faster.

http://www.examiner.com/veterans-policy-in-newark/va-secretary-ordered-to-pay-over-19-000-attorney-fees

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

Technology Improves Decision Making

2011-01-24T08:42:00.003-05:00

by Jim Fausone
Veteran Disability Attorney

We see so many errors by VA RO raters that technology improvements are warranted. A VA employee developed a hearing test calculator to automate the steps for determining compensation owed for varying degrees of hearing loss. After testing, the hearing loss calculator worked so well that VBA has rolled it out for use system-wide.

The hearing calculator analyzes audio metric data from a hearing test and then determines whether a veteran has a hearing loss, the extent of the loss in terms of decibels, and the level of disability. The calculator then generates a narrative text file, citing relevant regulations for payment. This calculator was created in the employee’s spare time. VA should unleash the private sector to create more tools to assist its employees.

http://www.nextgov.com/nextgov/ng_20110120_3903.php?oref=rss#

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

More Depression than PTSD

2011-01-17T08:34:00.002-05:00

by Jim Fausone
Veteran Disability Attorney

Once again showing the differences between men and women in combat, VA recently reported that women appear more susceptible to depression than PTSD. The study looked at 246,976 veterans who served in Iraq and Afghanistan and 246,080 who served elsewhere.

Among those who served in Iraq and Afghanistan, about 12 percent of active female veterans and about 16 percent of reserve unit female veterans were diagnosed with PTSD, compared to about 17 percent of active and reserve male veterans. About 23 percent of active female veterans and 19 percent of reserve unit female veterans were diagnosed with depression, compared to 14 percent of active men and 12 percent of reserve unit men.

Women were denied PTSD claims more often than men, while men were denied claims for other mental health conditions more often than women. Veteran advocates need to keep these kind of differences in mind when advancing disability claims.

http://www.dailypress.com/health/dp-nws-va-women-20110109,0,7486960.story

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