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Recent Legal Answers from Lawyers

Recent Legal Answers from Lawyers
Page 3 of lawyers' answers to legal questions.
You should consider filing an appeal.  Consult an attorney for a more detailed analysis of the pros and cons of filing an appeal or not. 
You should consider filing an appeal.  Consult an attorney for a more detailed analysis of the pros and cons of filing an appeal or not. 

How to make a case for backpay

Answered a month ago by attorney Steven Neil Perrigo   |   1 Answer   |  Legal Topics: Social Security
At this point, it would be nearly impossible to get retroactive benefits from prior to 2015. 
At this point, it would be nearly impossible to get retroactive benefits from prior to 2015. 

Ssi benefits

Answered a month ago by attorney Steven Neil Perrigo   |   1 Answer   |  Legal Topics: Social Security
Yes, you can apply for SSDI and SSI, but there are eligibility factors to each that will determine whether you can get one, or both, or neither, if approved for disability.  Consult with an attorney. 
Yes, you can apply for SSDI and SSI, but there are eligibility factors to each that will determine whether you can get one, or both, or neither, if... Read Answer

Do they have help

Answered a month ago by attorney Steven Neil Perrigo   |   1 Answer   |  Legal Topics: Social Security
You should consult with an attorney that specializes in Social Security Disability to assist with your application.  Unfortunately, they do not provide any type of financial assistance while your claim is pending a decision. 
You should consult with an attorney that specializes in Social Security Disability to assist with your application.  Unfortunately, they do not... Read Answer
Is anyone else's name on deed at all? If so, that will have a bearing.  Did she leave a Transfer on Death Deed?  Did she have a Will? If so, who does it say the house goes to? If she did not have a Will and was married to stepfather at the time of her death, stepfather and her children inherit the house by instestacy.  Also, assuming they were married at the time of her death, stepfather would likely have a right to claim Year's Support, but the effect of doing so may differ depending on whether your mother left a Will and whether the Will addresses him claiming Year's Support. More of the details asked above would help clarify.  Also, your question says "we" don't know what our options are, but the answer will vary depending on who "we" is and what you mean... your options to do what?  Sell it? Buy it? Charge rent to stepfather? Just want to know what interest you may have in the house?  A probate lawyer could certainly help you understand exactly where you stand with your rights to the property in relation to the stepfather and your siblings, but some more details will be needed to be specific.  I wish you the best!    ... Read Answer
Is anyone else's name on deed at all? If so, that will have a bearing.  Did she leave a Transfer on Death Deed?  Did she have a Will? If... Read Answer
You need a licence if the copyright for the photographs or other artwork on the greeting card covers have not expired. Also, you need permissin if you are reproducing poems or other writing that you did not compose. You may also look into whether what you are trying to publish falls into the fair use criterion, under the Copyright Act.... Read Answer
You need a licence if the copyright for the photographs or other artwork on the greeting card covers have not expired. Also, you need permissin if... Read Answer

Do I qualify for micro entity status?

Answered a month ago by attorney Alan M. Sack   |   1 Answer   |  Legal Topics: Patents
You need to qualify for micro entity status based on your income matching the USPTO's published criteria for maximum income for a micro entity applicant.
You need to qualify for micro entity status based on your income matching the USPTO's published criteria for maximum income for a micro entity... Read Answer
We would be happy to help you.  Probate, wills/trusts, and probate litigation is our specialty.
We would be happy to help you.  Probate, wills/trusts, and probate litigation is our specialty.

What do I do after car accident

Answered a month ago by attorney Stephen Arnold Black   |   2 Answers   |  Legal Topics: Automobile Accidents
In North Carolina, every driver must carry at least $50,000 in liability coverage per person and $100,000 per accident. That means if the other driver was at fault, the total available recovery for you and your grandson is $100,000. I would not deposit any checks the insurance company sent until a lawyer reviews the case. You should hire an attorney in your state on a contingencyโ€‘fee basis, which means you pay nothing unless you win. If you need help finding a lawyer who will take the case on contingency, feel free to reach out to one of us on this platform and we’ll help you find one at no cost.... Read Answer
In North Carolina, every driver must carry at least $50,000 in liability coverage per person and $100,000 per accident. That means if the other... Read Answer
Please contact me at 615-504-5682.
Please contact me at 615-504-5682.

If we add our 3 sons name to our house what rights do they have

Answered a month ago by attorney Gregory M Lane   |   1 Answer   |  Legal Topics: Estate Planning
An outright gift of 1/5 of the home to each son could trigger the federal gift tax.  There are better ways to protect your home from the potential loss of the home to pay for your care later in life.  Not only is the gift tax a consideration but the potential for not only giving your sons a share of the real estate but also a proportionate share of any debt or liens on the property.  You mention what happens if one divorces - you should also consider what happens if one incurs a liability in an accident or something.  There are a number of considerations before you go and give away a share of your home.  All of these questions and more can be addressed in a thorough discussion of your entire estate plan which if you have not done you should schedule soon.  If you're in your 70s with no plan you risk chaos once you pass away.... Read Answer
An outright gift of 1/5 of the home to each son could trigger the federal gift tax.  There are better ways to protect your home from the... Read Answer

Is this discrimination

Answered a month ago by attorney Mr. Robert Grant Pennell   |   1 Answer   |  Legal Topics: Labor and Employment
Unless you are a union employee or a highly paid executive with a written employment contract, you are an at-will employee and, as such, can be discharged at any time and for any reason, or even for no reason at all. The only thing that an employer may not do is make employment decisions based upon you being a member of a protected class. The protected classes are race, age (40+), sex, religion, national origin, or disability. Treating you differently from other employees isn't legally prohibited unless it is based on your being a protected class member. That is what is meant by illegal discrimination. To clarify, an employer can discriminate against its employees as much as it chooses on any basis EXCEPT the six (6) classes I already mentioned. I can legally discriminate against you because you are a Cubs fan, your taste in music, how you perform your job duties, etc. What I cannot do is discriminate against you because of your sex, race, age (40+), religion, national origin, or disability. In other words, showing favoritism isn't going to be a basis for a claim of illegal discrimination. If you believe that you were treated that way based on being a member of a protected class, or that you were retaliated against for asserting a legal right or whistleblowing, then you should schedule an appointment with a local employment attorney who primarily represents employees to discuss your case fully. It is important to act promptly because these cases have very short timeframes that are strictly enforced. Failure to meet those timeframes will preclude you from being able to proceed with your case. Most plaintiff employment attorneys take these cases on a contingent fee basis, meaning you will have no upfront out-of-pocket expenses. Best of luck to you.... Read Answer
Unless you are a union employee or a highly paid executive with a written employment contract, you are an at-will employee and, as such, can be... Read Answer
Florida probate attorney fees are governed by statute, and the law sets a presumptively reasonable fee based on a percentage of the estate’s value. For an estate valued at $400,000, the statutory schedule applies, and most cases fall within that framework. If the attorney believes additional fees are justified ,  for example, because the case involves unusual work, litigation, or issues beyond a standard probate; then the lawyer must request court approval and show the judge why extra compensation is warranted. Otherwise, the statutory percentage is the cap for ordinary services. Retain counsel who doesn't charge upfront but charges only at the end of the case. ... Read Answer
Florida probate attorney fees are governed by statute, and the law sets a presumptively reasonable fee based on a percentage of the estate’s... Read Answer

SSI claim pending hearing

Answered a month ago by attorney Steven Neil Perrigo   |   1 Answer   |  Legal Topics: Social Security
Call me today 615-504-5682
Call me today 615-504-5682
Unless and until the deed is signed over, your wife is still a co-owner (tenant in common) with respect to the house and will still have certain rights, irrespective of what the divorce papers may say.  Any borrower or prospective seller will not know what happened in the divorce action.  They will only know what is recorded on the property records.  You must have her sign a deed.... Read Answer
Unless and until the deed is signed over, your wife is still a co-owner (tenant in common) with respect to the house and will still have certain... Read Answer
This is a question for a VA lawyer.
This is a question for a VA lawyer.
You should contact an attorney for a free consultation.  They will determine if they will accept your case or not.  
You should contact an attorney for a free consultation.  They will determine if they will accept your case or not.  
If you’re a U.S. citizen and your immigrant girlfriend entered the United States with permission, you can sponsor her for a green card after you get married. You’ll still need to file an Affidavit of Support, even if your income is below the required level. Because your income doesn’t meet the USCIS poverty guidelines, you’ll need to add a joint financial sponsor who does meet the minimum income requirement.     ... Read Answer
If you’re a U.S. citizen and your immigrant girlfriend entered the United States with permission, you can sponsor her for a green card after... Read Answer
As my colleague pointed out, you may have two cases. The first is against your employer for workers comp. The second case may be against the property owner where you fell if your injuries were caused by that property owners negligence. Reach out to a personal injury attorney to evaluate both claims. If you need help finding one, reach out to one of us on this platform. One of us would be glad to help.  ... Read Answer
As my colleague pointed out, you may have two cases. The first is against your employer for workers comp. The second case may be against the property... Read Answer

I need help with a dog bite and retaliation claim

Answered 2 months ago by attorney Loren L. Gold   |   2 Answers   |  Legal Topics: Dog Bites
Dear Linda, Your son may have a 3rd party liability claim for personal injury in addition to a possible workers' compensation claim. Both claims may be investigated simultaneously. You should consult a personal injury attorney sooner rather than later to avoid any potential statute of limitation problems. Choose an experienced professional for guidance and advice before going further. We all give free consultations and if we take the case, it would be on a contingent fee basis. However, you will have to reach out, as attorneys are unable to directly solicit. Even if it is determined that your son does not have a viable personal injury claim, you should speak to a workers' compensation attorneyon his behalf  asap to avoid any reporting problems as well as a retaliatory discharge claim for yourself. Loren L. Gold, Esq.... Read Answer
Dear Linda, Your son may have a 3rd party liability claim for personal injury in addition to a possible workers' compensation claim. Both claims may... Read Answer
The purpose of an autopsy is to determine the cause of death. In the case of murder, the cause of death is known. However, it is appropriate to present the autopsy findings to the grand jury, and the county attorney or Commonwealth Attorney can petition a court to order an autopsy pursuant to KRS § 72.445. The court will grant such a petition if there are reasonable grounds to believe that a person died as a result of a criminal act, so that is generally regarded as the appropriate office to contact to do so. ... Read Answer
The purpose of an autopsy is to determine the cause of death. In the case of murder, the cause of death is known. However, it is appropriate to... Read Answer

Can Social Security Disability be garnished?

Answered 2 months ago by attorney Steven Neil Perrigo   |   1 Answer   |  Legal Topics: Social Security
Yes, for child support and federal debts.
Yes, for child support and federal debts.

How to file for social security disability

Answered 2 months ago by attorney Steven Neil Perrigo   |   1 Answer   |  Legal Topics: Social Security
There are several ways to start.  Contact the local SSA office, go online to ssa.gov, or contact an attorney.  Let me know if you would like a free consultation. Steve Perrigo 615-504-5682
There are several ways to start.  Contact the local SSA office, go online to ssa.gov, or contact an attorney.  Let me know if you would... Read Answer
You can usually order a birth certificate online - just make sure you are going to the actual government's vital records website, not some website that will do it for you and charge you. It does have a cost, but less if you go straight to the vital records department's website in your county.  ... Read Answer
You can usually order a birth certificate online - just make sure you are going to the actual government's vital records website, not some website... Read Answer
It’s extremely difficult to find an attorney who will pursue a case against an atโ€‘fault party when there’s no insurance coverage. Most lawyers won’t take a contingency case unless there’s insurance money to recover, and even smaller solo firms may hesitate. Also remember that when an insurance company pays policy limits, they always require a release, and that release covers both the insurer and their insured. Before taking any further legal action, you should carefully review the release the insurance company is asking you to sign.... Read Answer
It’s extremely difficult to find an attorney who will pursue a case against an atโ€‘fault party when there’s no insurance coverage. Most... Read Answer