Pill to Prevent Breast Cancer

http://www.msnbc.msn.com/id/36642772/ns/health-cancer/

This is an interesting article about breast cancer. I know it has nothing to do with Law, but some might find it informative.

Form for filing a Medicare Claim :)

I could not post a copy of the form for a medicare claim, but I am trying o do the next best thing. Here is a link to where you can download the forms for yourself. http://www.cms.gov/CMSForms/CMSForms/itemdetail.asp?filterType=dual,%20keyword&filterValue=1490S&filterByDID=0&sortByDID=1&sortOrder=ascending&itemID=CMS012949&intNumPerPage=10

Click on the link called CMS "1490S-ENGLISH" under the downloads section and you have no problem getting the form yourself. Good Luck filing your cliaim.

Lawyers Briefcase

How to file a medicare claim!

You should take the following steps if your Doctor or Supplier does not file the Medicare claim in a timely manner:

Step 1 - Contact Your Physician or Supplier: Call your physician or supplier directly and ask the physician or supplier to file a Medicare claim.

Step 2 - Contact 1-800-Medicare: If your physician or supplier still does not file a Medicare claim after you have called and asked, you should call 1-800-Medicare (1-800-633-4227). Also ask 1-800-Medicare for the exact time limit for filing a Medicare claim for the service or supply that you received.

IMPORTANT: There is a time limit for filing a Medicare claim. If a claim is not filed within this time limit, Medicare cannot pay you its share. The time limit may be as short as 15 months or as long as 27 months depending on when you received the service or supply. It is important that you ask 1-800-Medicare what the time limit is for filing your claim.

Step 3 - When You Should File a Claim: You should only need to file a Medicare claim in very rare situations. You should only file a Medicare claim yourself when:

you have completed steps 1 and 2 above; AND

the physician or supplier still has not filed the Medicare claim; AND

it is close to the time limit for filing your Medicare claim. (For example, if your time limit is 15 months, you should consider filing a Medicare claim if the physician or supplier has not filed the Medicare claim 12 months after you received the service or supply).

Filing the Claim Yourself

You will need to print out and complete the form called Patient’s Request for Medical Payment, Form CMS 1490S. The form is available for download on cms.hhs.gov in the CMS Forms section. Once there, you will need to do three things: (1) print out the 1490S form; (2) select and print out the applicable instructions; and (3) review all of the information on this page about how to file a claim form.

I will try to post a copy of the form you need to print out and submit to Medicare. Good luck with your cliaim.


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Social Security (SSI)

The second type of benefits that an indvidal can get from social security is Supplimental Security Income (SSI). The disadvantage to SSI is that you need to have worked 40 quarters to be eligible for these benefits. The rules are almost the same as SSD but their is more of an emphasis on you current income and net worth. It is important to note that one car and one home are "exempt" in most cases when determinig net worth. Therefore if you have a good deal of assets in some "investment", it might be wise to invest that money in your house or a new car before applying. Always wanted hardwood floors? It's a good time to put them in. Money from SSI is intended to help indviduals get through life who have paid into the system who are over the age of 65 or disabled. This money is intented to pay for daily living expenses for those who generally make less that $2,000 monthly as an individual or $3,000 with their spouse. This money differs from SSD which is intended to pay medical bills and expenses to accomidate a medical condition. The surest way to be denied SSI is to not have paid into the system for 10 years, after that, if you qualify finacially and qualify for SSD, you will most surely qualify for SSI. Good luck with your claims...please feel free to post any questions you may have in the comments.

Social Security (Disability)

  Well, I promised that I would have some information on social security law. There are two separate programs that individuals can apply for. The first is Social Security Disability (SSD). This type of benefit plan is for those who are unable to maintain gainful employment because of some disabling condition. What does this statement mean? I will not post numbers because the annual income amount changes from year to year, but this requirement means that an individual may be employed, "part time". As long as the amount of yearly income that the individual makes is below that amount, they can still be considered not able to be gainfully employed.




How does Social Security determine a claim?

There are two ways that an individual can have a meritorious claim. First, an individual can meet or equal a listing. Social Security has on their website what is called listings, part A listings are for adult claims, Part B listings are for adolescent claims. In order to meet a listing, the individual needs to meet every part of the listing. In addition to having meet the physical or mental requirements, the individual must have medical documentation to “back up” their claim. Plus, that condition needs to be unlikely to improve in the near future, which would render the applicant able to work because of the health improvement.

The second way that a claim is determined is under the “Grid”. The grid is just that, a grid, which Social Security has published that lists a number of different aspects. First is age. Social Security does not state ages but instead lists ages according to category such as advanced age or closely approaching advanced age. Next is listed the educational level that the applicant has, which includes transferable skills. Finally is the level of work that the applicant is able to perform. Categories are listed such as light, moderate, or heavy. The applicant should first compare their prior work to these categories and then compare themselves to every job in the national economy. The final column lists if the applicant is disabled or not. Hopefully this helps you understand the determination process a little better. An attorney will be more than happy to help you with your claim, as will I once I have passed the bar. Tomorrow I will post information on SSI.

Law School Update

I am in my last two months of law school and have been persnally reviewing the strengths and weaknesses of my education. Law school does a great job of teaching the law. On the other hand, it does a horrible job at teaching the pratical side of the law. There was a client that another student had yesterday, who had so much emotion that she could not get the story she was telling out acurately. The clerk ho was helping her was more concerned about the clients well being than getting the facts. Compassion is great, but not at the expense of missing information. The number one job of a legal office is to perform the task at hand. A legal office is not a therapy session. The duty of a lawyer is to find the facts and advocate for the client. I will ensure that my staff is compassionate when I have my own legal office, but not at the expense of knowing the case.

Tax Time

Hello Readers,

 I know many of you may be scrambling to get your taxes done. Here is a link to the the individual tax extention form and the instructions sheet.

http://www.irs.ustreas.gov/pub/irs-pdf/f4868.pdf

To qualify for an extentio you must follow these three rules:

1. Estimate your 2009 taxes based upon the information available to you
2. Enter your total tax liability on line (4) of the form 4868
3. File for 4868 by the date your regular tax return is due, April 15.

Hopefully this helps you get that lttle bit of time that you need to finish your taxes. Good Luck Everyone.

Day in Court

I was successful in court, my client is now divorced. I had to do a "prove up", which means that I explain to the court what it is that we are asking for. Then the judge asks questions, and I answer what  can on behalf of the client. The judge then makes sure that the client understands exactly what is happening and will be the result of his order. Finally, he orders the divorce. I then take the file to the clerk to get a certified copy so that my client can get her name changed back to her maden name.

It was very difficult to remain calm and have a stoic face to hide the nerves and excitement of doing my first divorce. The advantage of this client for my first divorce was that she was already seperated and the divorce was already in place in everything but legal nature. Therefore, myclient was not as emotional as some people who are getting divorced might have been. This was a great experience for my first divorce. My next major legal step is going to be depositions of officers of a corporation. Thanks for reading and I look forward to telling you more about my legal experiences.

The Big Day

Tommorow is a big day. I will do my first judgment for divorce. Hopefully I will have to do a prove up. I am probably be the only one excited that my client is getting divorced. Of course I can not let the client know that I am excited, and a little nervous. I have been in court a few times already, but this will be my first divorce. Additionally, there is two children that were a product of the marriage, one that is living with each party. I will update you all on how it went in the next post. Until then, wish me good luck.

  Jonathan