Legalese Defined: Social Security Disability– Onset Date
In social security disability cases, your onset date is the date your disability began. Your onset date is important to your claim for social security disability benefits because it helps determine whether or not your claim is approved and how much back-pay you may be entitled to. Because you must be disabled for at least… Read More
Bit by a dog? Can I sue the owner?
Animal bites can be serious, painful injuries that can leave lasting scars. We all love our pets, but sometimes pets can do mean, vicious things. The most common kind of animal bite comes from a dog. The law in New York is relatively clear with regards to dog bite cases: You can only bring a… Read More
I could have Died! Can I sue for almost being injured?
In general, you must suffer an actual injury in order to bring a personal injury lawsuit. “Almost” being injured is not an injury in and of itself. However, if you suffer mental anguish after experiencing a “close call” you may be able to bring a suit, but only under very narrow conditions. There are two… Read More
What is Liability?
In any lawsuit there are two things you need to prove: Damages and Liability. Damages are easy to understand—they are the harm you suffer, whether it is a physical injury, loss of money or both. In order to bring a lawsuit you must suffer some kind of harm. Whether or not your harm is serious… Read More
Can I win my Social Security disability case If my doctor says I’m disabled?
“My doctor has graded me at 75% (or 85%/90%/100%) disability and/or has taken me out of work. Doesn’t that mean I will win my social security disability case?” Not necessarily! Social Security’s regulations provide that the Commissioner of Social Security is left with the ultimate decision of whether or not you are disabled. What that… Read More
Can I work while my Social Security Disability (SSD) application is pending?
I have no source of income during my application for Social Security Disability (SSD) benefits, and now I’m waiting to hear back from them. How will going back to work affect my case? This is a common question from our Social Security disability (SSD) clients. The short answer is that a return to work may… Read More
That McDonald’s Lady Got A Million Dollars! Myths and Facts of “The McDonald’s Hot Coffee Case”
Here at Segar & Sciortino we frequently talk to our clients (and potential clients) about case value. We try to explain that valuing a personal injury case is as much an art as it is a science, and a lot of factors go into making that determination. These include The nature and extent of the… Read More
What is “Assumption of Risk?”
We live in a world full of risks. Despite these risks, we continue to live our lives: we drive cars even though they sometimes crash; we go skiing even though we may fall; we shave even though we may be cut. Every day we encounter risks, weigh our options and choose whether the risk is… Read More
Workers’ Compensation Liens in a Personal Injury Lawsuit
A lien is a legal right a person or entity has against the property of another. Liens can work in a variety of different ways. Some liens can be placed against property, like a house, which prevents you from selling it until the lien is “satisfied,” or “paid back.” Other kinds of liens work by… Read More
What is the “Workers’ Compensation Offset” and how will it affect my Social Security case?
If you collect Workers’ Compensation benefits and file for Social Security Disability (SSD) benefits, you may not be able to receive both types of benefits at their maximum amounts. Your Social Security benefit may be reduced. This is due to a law that says you can only receive up to 80% of your average current… Read More