Your Durable Power of Attorney May Not be Valid for Long

Wendy Alton

On May 23, 2012, the Governor of Michigan signed a new law pertaining to Durable Powers of Attorney.  The new law, Public Act 141 of 2012, lists new requirements for Durable Powers of Attorney, which become effective for all Durable Powers of Attorney signed after September 30, 2012.

A Durable Power of Attorney is a legal document that designates an agent who can act on your behalf for all of your financial transactions.  Most of the time Durable Powers of Attorney are effective only upon someone’s disability.

The new law requires that two witnesses sign the Durable Power of Attorney, or that it is notarized, or both.  Further, the Durable Power of Attorney is now not effective unless the designated agent signs an acceptance of designation that sets forth all of their duties.  This is the most significant change in the law.

While the law is only prospective and has no legal effect on Durable Powers of Attorney signed before October 1, 2012, it is highly probable that the banks will begin to refuse to honor any Durable Powers of Attorney that do not comply with the new requirements.  It is a good idea to have an attorney look at your Durable Power of Attorney or revise it to comply with the new law, thus eliminating any potential problem in the future.

You can read the new law here: 

http://www.legislature.mi.gov/documents/2011-2012/publicact/pdf/2012-PA-0141.pdf

If you are interested in learning more about powers of attorney, estate planning, probate, 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.

Paternity is Redefined in Michigan

Wendy Alton, Esq.

Paternity in Michigan has been completely redefined. The law in Michigan since 1956 has presumed that a child born in a marriage was the product of that marriage. This presumption existed even if the husband was not the biological father, and that fact could be proven.

As of June 12, 2012, pursuant to a new law signed in by the Governor of Michigan, paternity can now be established by the biological father even if the child was born in a marriage. This new law grants biological fathers rights over presumed fathers (men presumed to be the father because the child was born during the marriage.

However, very specific circumstances have to exist in order for paternity to be established, and there are extensive requirements in place with the new law. The primary circumstance that must exist is that paternity must be sought within 3 years of a child’s birth, or within 1 year of the entry of an Order of Filiation (paternity), whichever is later. This is merely one requirement, and the remaining requirements are too numerous to list here.

There is also a provision in the law allowing paternity actions under the new act even if the 3 year requirement isn’t met, provided they are filed within 1 year of enactment of the new law, again, under specific circumstances.

You can read the new law here:                                               http://www.legislature.mi.gov/documents/2011-2012/publicact/pdf/2012-PA-0159.pdf

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

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

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?

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

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

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?

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

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?

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

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

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

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

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

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

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

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

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

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

Court Oral Arguments in Detroit

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