Los Angeles Attorney Services and Legal Resources

“Ban the Box” Law Takes Effect in California

noreply@blogger.com (Anonymous) — Thu, 05 Mar 2015 01:07:00 +0000

There are a lot of individuals with criminal records who find it difficult to land themselves jobs. More often than not, prospective employers turn the other way, refusing to hire such people who deserve a second chance in life. Fortunately in California, a new law took effect last July 1, which basically removed a certain “box” indicated on the job applicant forms. In this new legislation, no longer will an applicant be able to answer if he or she has had a criminal record.

Assembly Bill 218, which was passed into law October 10 last year and proposed by Assemblyman Roger Dickinson (D-Sacramento), was implemented alongside the new California minimum wage hike of $9.00 per hour. AB 218 provides that it is no longer allowed for state and local government employers to ask applicants about their criminal records.

Public agencies covered by this law, however, can still inquire about applicants’ convictions, as long as they do so later on in the hiring process. Employers must first determine if the applicants meet the qualifications of the jobs they’re applying for.

Also noted here in this new California law is that there are exemptions for job applications requiring a criminal background check; for instance, job openings in criminal justice (e.g. police officer jobs) is exempted. Also, the “state or local government agency” that is defined under the law doesn’t include school district or community colleges.

Although AB 218 applies for employers within the public sector, a lot of local governments across California, from certain counties to cities, have applied certain fair hiring practices by going beyond what the new law requires. For instance, the counties of Los Angeles, San Diego, Riverside, and Santa Clara; and the cities of Oakland, Anaheim, San Diego, San Jose, and Fresno, recognized that their local government agencies must delay asking applicants about their criminal history until they make a conditional offer of employment.

Additionally, the City of San Francisco’s “ban the box” ordinance extends coverage to not just public sector employers, but also for the private ones with 20 or more employees. The provisions are the same as that of AB 218, but the ordinance also prevents employers from seeking applicants’ criminal background until after the first “live” interview has taken place.

Meanwhile, according to a Los Angeles employment lawyer, only 12 states have had the same “ban the box” measures across the United States. Of the 12, only four applies for the private sector of employment—Hawaii, Massachusetts, Minnesota, and Rhode Island. The attorney also added that California’s new law enables former criminal offenders to be fairly included again in employment, especially during the hiring process.

Workplace Discrimination: Why They Are Still Rampant Today

noreply@blogger.com (Anonymous) — Mon, 02 Mar 2015 22:39:00 +0000

According to the Charge Statistics from the Equal Employment Opportunity Commission (EEOC), a total of 93,727 claims of discrimination were filed all over the country during fiscal year 2013. The figure, while significantly lower than the one from the previous fiscal year, only demonstrates how workplace discrimination is still rampant across private and public employment in the United States. This is despite the federal and state laws and statutes that are currently enforced to stop it from happening, such as the Title VII of the Civil Rights Act of 1964.

So why is discrimination in the workplace rampant in the first place? There are a lot of reasons, and they are listed down below:

Failure of a company or employer to implement programs that would train all employees about its existing anti-discrimination and anti-harassment policies and procedures.

An employer or company’s non-tolerance to discrimination or harassment is demonstrated through its strong policies and procedures that allow management and employees to work together to solve such issues. On one hand, employees are encouraged to file their complaints whenever they are subjected to discriminatory or harassing actions. On the other hand, company management that put into effect such policies must be able to address the employees’ complaints, strictly following a process of investigation that hinges on confidentiality and executing the most necessary disciplinary action.

However, the lack of mandatory training programs that are supposed to help all employees understand that discrimination or harassment is not tolerated in the company or workplace is the reason why these issues are rampant. It would have helped if such programs encapsulate a preventive approach on such issues and emphasize professionalism within the workplace, but if there is no definite training program that exists, discriminatory and harassing behavior would surely reign supreme.

Fear.
This emotion means a whole lot when discussing discrimination. In fact, this emotion is the reason why harassing and discriminatory behavior continue to persist in the workplace. Employees who are victims of such actions are still encouraged to file their complaints, but they refuse to do so out of fear of getting terminated or retaliated against by their bosses, supervisors, or managers. With fear of reporting such behavior, no paper trail is left behind to start off the investigation and eventually punish the perpetrators. The behaviors worsen with no chance of stopping it; all because of fear.

Differences between the young and old in the workplace.
A mishmash of young and old in the workplace is as diverse as it can get, wherein different ideas can make for innovative business ideas. But then again, the clashing of generations may sometimes turn out to bring more bad than good. With differences in perspectives and worldviews, the younger generation may have prejudice against the other, and vice versa.

Even with these unsettling reasons as to why discrimination or harassment continuously occurs in the workplace, employees must always be aware that there are laws on the federal and state levels that protect them from being on the receiving end of unfair bias and treatment. Meanwhile, if you have been discriminated on account of your race, sex, disability, or any other protected characteristic, then it is imperative that you exercise your rights as soon as possible by speaking with a Los Angeles employment lawyer.

Calls for Federal Minimum Wage Increase Intensifies

noreply@blogger.com (Anonymous) — Tue, 17 Feb 2015 19:01:00 +0000

Times have certainly been tough of late and more and more people are having a hard time making both ends meet as their wages aren’t enough to cover their day-to-day expenses. Such left a lot of people with very little chance to have a decent living. These people are forced to find other alternative sources of income to cover such expenses. This is the reality that most minimum wage earning families face every day. These families deal with these hurdles every day, hoping and wish ing that they would soon be able to get more from the hard work that they put in their jobs. Some of these families are even being taken advantage of by their employers where they aren’t given the proper wages, a clear violation of employment laws in the country.

In just a few days from now, the US Congress will soon be convening to tackle on national issues and draft new laws or amend existing laws that have parts or provisions that need changing. One of those laws that badly need to be amended is the fedaeral minimum wage law. Currently, the federal minimum wage law is way below most of its state counterparts. That is why there is a growing clamor for the amendment of this law soon.

Even US President Barack Obama has made a position and is in favor increasing the federal minimum wage to help alleviate the hardships of American workers regardless of where they may be. No state is exempted from the effects of inflation that is why the increases in minimum wage should be done on a federal level. A number of state leaders and members of the Congress have already realized the importance of such legislation and are doing whatever it is that they can to increase the minimum wages. However, there’s very little movement in the congress to mobilize such amendments to existing laws.

The state of California has one of the highest minimum wages implemented in the country today. However, an employment law attorney in Los Angeles believes that a nationwide, federal minimum wage adjustment is in order. This, he believes, will provide a level playing field. Also, this would enable workers from other states to receive a fair compensation to help them with their financial needs. Alleviating the hardships that minimum wage earners face every day.

Sexual Harassment Cases Involving Model Celebrities

noreply@blogger.com (Anonymous) — Wed, 04 Feb 2015 23:30:00 +0000

Fame doesn’t have the capacity to administer shield against sexual harassments. As a matter of fact, there are a lot of celebrities who had been a victim of this specific unlawful action. Also, aside from the aggrieved personalities, there are also some from them who has been accused for sexual assaults. Sexual harassments could be experienced by all people including these “stars”. Unwanted physical contacts, sexual innuendoes and commentaries, disturbing sexually explicit questions, and other unpleasant inviting actions are considered as forms of this kind of harassment.

In particular, model celebrities are the ones who are at most danger to sexual harassment instances while at work. According to statistics that were released by a concerned organization of models nearly 1 in 3 girls or 29.7% have experienced inappropriate touching at work while over a quarter or 28% have encountered pressures or unpleasant invitations to engage in sexual intercourse at work. In addition, 86.8% of models have been asked to pose nude without prior notice. As a result, over two-thirds of models or 68.3% suffer from anxiety or depression.

Meanwhile, one of the sexual harassment cases involving a well-known celebrity photographer and some models is Terry Richardson’s. He has been famous for often doing sexually explicit work and portraits of celebrities. Throughout his career as a photographer, Richardson had received accusations from some models that he had a chance to work with. The allegations generally pertain to inappropriate sexual conduct that was displayed by him at work for decades. This can be considered as big news.

Aside from the abovementioned case, several sexual harassment cases affecting female models were also recorded. Indeed, female model celebrities are more prone to experiencing different kinds of discrimination and not merely sexual harassment instances alone. However, this particular type of unlawful action does not only deal with female model workers. Although they are more prone to such conflicts, male model workers could also suffer from this type of nuisances.

Male models are also subjected to sexual harassments at work

The society tends to forget that males can also experience sexual harassments. As a matter of fact, male model celebrities suffer such unlawful actions aside from the other unjust incidents that are being laid towards them. An increasing statistics of sexually harassed workers, particularly the male models, have been a terrible fact.

As a matter of fact, based on a research conducted by the United States Equal Employment Opportunity Commission (EEOC) in year 2009, a dismaying quantity of almost 12,700 sexual harassment lawsuits were filed to them. The research also states that 16 percent of the victims came from men. Also, even if they found out that there is a positive decrease with regards to the cases of sexual harassment incidents, the declining changes does not infect the rising statistics of this type of unjust practices towards men over the years. Truly, male workers are not exempted to suffering sexual harassments.

Regardless of the gender and classification of work, all sexually harassed workforces should take the necessary legal actions to get the most appropriate justice for their related sufferings and also to claim the rightful compensation based on what they had experienced. Everyone should not belittle the power of all damages which are sent by sexual harassment incidents.

The Right Way to File a Workplace Discrimination Claim or Case

noreply@blogger.com (Anonymous) — Fri, 30 Jan 2015 01:04:00 +0000

Everybody is unique. People have different color, race, religion, capabilities, age, and gender. These differences, make each and every one different. However, these difference should never define one’s capability and person. However, despite this, many people believe otherwise and continue to look down and discriminate against others. If you feel violate, harassed and abused on the basis of age, sex, race, national origin sex, and genetic information, or have been retaliated to by your employer because of your participation in an investigation or trial of case of discrimination, you can file a complaint against the latter.

Filing a Discrimination Complaint

Being a victim of workplace discrimination is not at all easy. Filing a claim is even more difficult. It is a strenuous phase that not a lot of people are willing to experience. However, you must realize that you need to stand up for the rights that were guaranteed by the country’s federal laws. First and foremost, you must file a charge to the US Equal Employment Opportunity Commission (EEOC). You will then get a “Notice-of-Right-to-Sue” should the EEOC dismiss the claim. After receiving that notice, you can file a lawsuit in a court of law. Charges should be filed within 90 days. Failure to file the claim within that period will invalidate your claim. So you have to make sure that you file the claim as soon as you can so your claims will progress.

Things to Remember When Filing a Lawsuit While the EEOC Investigations are On-going

For Age discrimination charges, you can file the claim even before you received the notice of Right-to-sue. However, you may only file the claim within the 180 days or a notice of the investigation of your claim. You must remember though that asking for a notice to sue will automatically make the EEOC dismiss the case.

Filing a Lawsuit

Ultimately, filing a lawsuit is your last resort in seeking justice for the acts of employment discrimination that you experienced. That is why it is best that you exhaust all efforts with the help of the EEOC first before resorting to this costly and strenuous legal action. In doing so, you must seek the help of a good and experienced Los Angeles employment discrimination law attorney to help you weigh and figure things out. Such could help you better evaluate your chances and identify the strengths and weaknesses of your claims. This will definitely help you make the right decision in utilizing legal remedies for your situation.

Asking for the Help of a Good Lawyer

Such complicated legal remedies may be hard to understand. That is why it matters to have the advice of the best employment law attorney in Los Angeles that you can find. This way, you won’t end up making decisions that you will be regretting soon. Take time (while still thinking about the statutes for filing such lawsuits) and carefully assess your situation with your lawyer. Should you decide to go and file a claim, make sure that you prepare well by getting all of the pieces of evidence needed, as well as witnesses to back up your claims. These things will help ensure that you get justice for what has happened to you, while protecting other potential victims of abuse.

Nobody deserves to be treated like a second class citizen, or a slave. So stand up for your rights and never let anybody take advantage of you.

Myth Debunked: Women Have Actually Worked in the Early 20th Century

noreply@blogger.com (Anonymous) — Thu, 08 Jan 2015 00:20:00 +0000

There is this popular belief that the emergence of women in the American workplace started in the 1970s. Actually, it is a myth. In fact, the Second World War has been witness to women making contributions not in the battlefield, but in the home front. Remember Rosie the Riveter? The iconic image of American women performing work in factories during wartime shows that women, too, can make valuable contributions in employment just as men do. But then, even before the Great Depression left America’s economy in shambles, women have long since been working in several industries.

In fact, a recent article from Slate showcased census data of single and married women and their respective professions back in 1920. Illustrated in horizontal bar charts, they detail the occupations of 8,346,796 “gainfully employed” women. The census, which took place from January 1920 onwards, was then published eight years later, in 1928, by the Women’s Bureau of the US Department of Labor. By the time the census occurred, the total resident population of the United States was 106,021,537.

Census highlights

Of the total number of “gainfully employed” women in 1920, about 23 percent of them were married. Of all the occupational categories, most of them did domestic work—they were cooks, waitresses, and laundresses, and they account for 26 percent of all gainfully employed women. Almost 23 percent were under manufacturing, where they mostly worked in textile factories. Bookkeepers, cashiers, accountants, clerks, stenographers and typists, and other professions under the clerical category accounted for 17 percent. About 12 percent were women professionals who taught in schools, taught music, and worked in hospitals as trained nurses.

The remaining occupational categories included in the charts were agriculture, trade, and transportation. It is worth noting that women under the transportation category were mostly telephone operators. This is due to the fact that during those times, telegraphy grew in popularity thanks to the railroad system.

What the data means

The data just goes to show that women in the workplace were already contributing in employment, especially married ones. In fact, “gainfully employed” married women increased by 9 percent that year from around 4 to 5 percent in 1890.

The data also provided some perspective as to how families earn. Indeed, the wages of women workers were not just improvements to what working males earn; they were deemed vital to the family finances. This is one of the many reasons why during those times, the Women’s Bureau has already been fighting to stop wage discrimination. Decades later, the Equal Pay Act (EPA) was enacted to provide equal pay for both male and female employees for their equal work.

Domestic Violence and Sexual Assault Clasp ‘Stalking’ Under SB 400

noreply@blogger.com (Anonymous) — Tue, 23 Dec 2014 00:06:00 +0000

In general, as defined and stated under the California Penal Code and civil stalking statute, stalking is well-defined as embracing a pattern of unpleasant action or misconduct with the primary intention of causing alarm or even harassment to the victim. Undeniably, it has been indeed a major problem being suffered by human race for decades. Stalking comes in many forms and could happen anywhere including the workplace.

In a study released on January 13, 2008, the U.S. Justice Department’s Bureau of Justice Statistics stressed about 130,000 stalking victims testified that they were fired or asked to leave their job due to it. According to the overall gathered data, anxiety for safety and inconveniences caused when getting a restraining order or even testifying in court are some of the reasons why 1 in 8 employed stalking victims lost time for their work.

Consequently, employment protection welcomes stalking as it has been finally approved to jam with domestic violence and sexual assault prohibitions stated under the Labor Code, specifically, Sections 230 and 230.1, signed by California Governor Jerry Brown, last October 11, 2013. This went into effect starting January 1, 2014.

While prior version of the California Labor Code shields employees away from distresses which are limited to domestic violence and sexual assault alone, the amended law now considers stalking as additional aspect under employment protections expected to be favorably adored by all employees and to serve their welfare much better. It settles bars in between an employee and any discrimination or retaliation actions of a particular employer opposing his or her employee. In fact, similar protections were amended to the victims of stalking together with the preys of domestic violence and sexual assault. It also declares that discrimination against any of these victims because of their status and creating obligation privileges similar to those made especially for disabled employees is considered, by any grounds, unlawful.

Moreover, reasonable accommodation provision demands employers to be accountable for implementing and refining accommodations that guarantees reliable security for victims of domestic violence, sexual assault, or stalking, in the workplace. These accommodations may include schedule modification, casual changing of work telephone number or even work station, assistance in petitions regarding the three aspects, and other security actions.

On the other hand, in accordance to the California Fair Employment and Housing Act, California Civil Code § 12926, accommodations which may trigger an undue hardship to potentially affect the business operations of a particular employer will not be permitted.

Furthermore, in spite of any time limitations written in Section 98.7, a complainant [employee] may file a claim regarding committed violation in reference to the law within a year from its occurrence.

AARP: Don’t Bargain Away Medicare and Social Security Benefits

noreply@blogger.com (Anonymous) — Wed, 11 Dec 2013 23:14:00 +0000

As part of the budget negotiation, the federal government is currently eyeing on reducing or even totally cutting Social Security and Medicare in an aim to reduce the federal budget deficit. Naturally, many Americans would oppose such proposal.

Recipients and advocates of Social Security and Medicare argue that a cut to both federal benefit programs will not only hurt individuals but businesses and economy as well. Thus, a separate debate about how to strengthen these programs is indeed necessary.

Therefore, in an effort to secure the future of Social Security and Medicare, the American Association of Retired Persons (AARP) for the last two years has been working hard to run a national campaign called ‘You’ve Earned a Say’.

The program aims to engage people into a conversation about the future of Medicare and Social Security. Whatever the reasons are, for older Americans, it is not reasonable to cut the programs. Thus, in a message that they want to convey to the President and the Congress, the seniors say, “Don’t bargain away my Medicare and Social Security benefits.”

Several advocates and recipients of the federal programs can’t help but to voice out their concerns regarding the proposed cut on benefits. While some are concerned about the long and hard earned efforts of the members to secure their future in their golden age, others are worried about the future of their children and grandchildren if the future can’t guarantee strengthened federal programs.

Once again, the AARP renews its call on the president and Congress to exclude Social Security and Medicare on any budget deal. Also, the organization pledged that it will continue to battle against any possible harmful cuts to the federal benefits and other factors that could likely affect the Social Security cost-of-living allowance such as the chained CPI to name one.

So far, the current administration is considering either a reduction in federal benefits or an increased payment to address the growing problem. However, such solutions aren’t deemed as a responsible one, particularly for Los Angeles, where consumer prices are at their peak. “What people can probably say a solid solution is perhaps a lowered health care cost and consumer prices. Also,cracking down frauds and inefficiency will definitely do a great job,” said the long term disability lawyer.

Social Security Closing Schedule for Thanksgiving Weekend

noreply@blogger.com (Anonymous) — Wed, 27 Nov 2013 22:15:00 +0000

Tomorrow, all social security offices will be closed to public to give employees time off their on Thanksgiving Day as a sign of gratitude for their hard work this year.

Based on the 2013 Holiday Closing Schedules released by the Social Security Administration (SSA) in its official web page, all of its offices will be closed by November 28 in line with the celebration of nationwide feast, the Thanksgiving Day.

In addition, the agency also announced that the day after the Thanksgiving, although employees are required to report back to their job, all offices will still be closed to public so that employees may focus on working in backlog reduction.

Over the years, the said federal agency has been striving hard to reduce the huge backlogs of disability benefit claims. Thus, roughly 20 percent reduction of backlogs this year alone is already considered a milestone achieved for them.

Nevertheless, although the current administration is proud of the federal agency’s significant progress in reducing backlogs, the agency is highly committed in constantly pushing efforts to diminish the backlogs.

Moving on, after Thanksgiving weekend, all social security offices will resume to its usual business hours.

Fortunately, thanks to digital technology, even if social security offices are closed, many of the agency’s services will still be available online. For applicants, you can apply for retirement, Medicare and disability benefits online. You can also sign up for a direct deposit account, replace Medicare card, obtain a proof of income letter and change personal information such as address and telephone number via www.socialsecurity.gov or just by dialing the agency’s toll free number, 1-800-772-1213.

Obama Pays Tribute to War Survivors on Veterans Day

noreply@blogger.com (Anonymous) — Wed, 13 Nov 2013 22:37:00 +0000

As the entire country commemorates the people who have served in armed service on Veterans Day, U.S. President Barack Obama likewise paid tribute to their patriotism by honoring them in a speech.

After offering wreaths at the tomb of the veterans who have given their lives defending the country, Obama addressed his remarks to the surviving veterans who were present at the event held at Arlington National Cemetery in Virginia to celebrate Veterans Day.

“This is the life of one American veteran — living proud and strong in the land he helped keep free,” said the commander the chief, Pres. Obama.

“We will never forget those who fought, bled and died for their country, even as the nation moves past wars in Iraq and Afghanistan,” Obama added.

Obama also guaranteed the veterans that he will keep going just to make sure that his administration is providing unprecedented support to the heroes of the nation. In fact, he proudly announced that his current administration has already reduced the backlogs of disability benefit claims at the Department of Veterans Affairs by a third since March

Furthermore, Obama assured young veterans that even though the time of war is coming soon to an end, the administration’s time of service will still resume.

Unfortunately, a veteran’s service on the war zone was not always equaled by the respect that he deserves at home.

While Obama was giving a standing ovation to the veterans, the latter acknowledge his tribute and were pretty overjoyed about his remarks.

In Los Angeles, wherein obtaining and facilitating the release of a disability claim is never easy, a social security disability firm suggests that it is a wise move to have someone to provide them with legal assistance, and represent them in various review hearings and appeals regarding their disability benefit claim to obtain much needed advantages in winning disability claim.

Labor Federation Warns Democrats on Social Security Before Budget Talk Begins

noreply@blogger.com (Anonymous) — Thu, 31 Oct 2013 22:31:00 +0000

Just before the budget talk starts, the American Federation of Labor (AFL) - CIO, sends an important message for Democrats who will consider cutting Social Security or Medicare during the meeting.

In a brief statement, the federation’s President, Richard Trumka, said, “We will never stop working to end your career if you (democrats) slash entitlements.”

“No politician, I don’t care the political party, will get away with cutting Social Security, Medicare or Medicaid benefits. Don’t try it,” Trumka further said in his prepared note, according to a media source.

“The warning goes double for the democrats,” added Trumka.

The warning came in line after news about the upcoming budget talks have surfaced.

Apparently, the labor federation considers the so-called “chained CPI” to be off limits. In fact, the same was already confirmed by its spokesperson during an interview. Meanwhile, in Los Angeles, a social security disability firm likewise believes that the chained CPI is better than totally terminating the federal programs.

So far, the chained CPI is considered by President Barack Obama as an alternate measure of inflation. For him, this would slow down the growth of Social Security spending thus he included it in his recent budget blueprint.

End of Government Shutdown Means a Start of the Annual Social Security Increase Talk

noreply@blogger.com (Anonymous) — Thu, 17 Oct 2013 22:00:00 +0000

Just early this week, social security recipients were already fretting about whether the government shutdown could delay their annual social security benefit increase for next year.

Now that the government shutdown is over, social security recipients can now expect the federal government to start talking about the annual social security increase.

Unfortunately, recent news reports have it that the recipients’ much-awaited social security cost-of-living allowance (COLA) increase for 2014 is expected to be small. In fact, it could be one of the lowest in the past decades.

According to expert analysts, the preliminary figures suggest a benefit increase of approximately 1.5 percent. Incidentally, the said raise will be among the smallest since automatic annual increases were adopted in 1975.

It could be remembered that COLA was adopted decades ago for the purpose of keeping up the recipients’ income with the rising consumer prices.

Probably, this is because as you will notice, consumer prices as monitored by the federal government, haven’t gone up much this year and the previous year, speculated by a Los Angeles disability lawyer.

Subsequently, following the rumors on next year’s increase would only be a little bump in the recipients’ check, many of them were sympathetic while others simply dismissed the recent news believing that the federal agency still imposes a good system.

So far, the exact size of the cost-of-living allowance is still unknown while the Labor Department is not yet releasing the inflation report for September, which is usually released at around the second week of October. However, the report was delayed due to the recent government shutdown that lasted for a couple of weeks.

Also, as it is, COLA is being announced in October to give the federal benefit programs ample time to adjust payments for January. Therefore, there is no reason for the agency to delay the raise since it is still mid-October.

Based on statistics, roughly 58 million Americans rely on social security benefits. Generally, the average monthly payment is $1,162.00. Thus, a 1.5 percent increase would raise the usual payment by almost $17.00.

Los Angeles SSI Lawyer: Government Shut Down Would Unlikely Affect Social Security Payments

noreply@blogger.com (Anonymous) — Wed, 02 Oct 2013 22:28:00 +0000

After the federal government shut down last Monday midnight, a Los Angeles SSI lawyer herein is quite confident that the closing would unlikely affect Social Security payments.

Recent news report from the CNN likewise claimed that the approximately 58 million people who are currently relying on Social Security benefits would still be paid on time, provided that the law and history are any guide.

Fortunately, the money that funds Social Security is automatically authorized and not depending on Congress arriving to a compromise on any new federal spending measure, the report noted.

Nevertheless, although there is no doubt that the Social Security payments would not get affected by the shut down, it is not yet clear whether the Social Security Administration (SSA) has retained sufficient staffing during the shut down to process without delaying any new applications for benefits.

In such event, one thing is definite, since most if not all payments get paid through direct deposit or debt card, understaffing would not be a problem when it comes to paying out recipients. This is because making those electronic payments is less labor intensive than it used to be during the paper check era.

However, although such brief shutdown may not impede Social Security benefits, the lawmakers’ failure to increase the country’s borrowing limit could. If the debt ceiling is not raised, the Treasury Department will eventually run out of funds to pay all its dues, the report further said.

It was last Monday midnight when the government shut down following a conflict among Democratic President, Barack Obama, Democratic-controlled Senate and the Republican-controlled House of Representatives. In U.S. history, this is the 17th time that the federal government shut down. The most recent was in 1995.

Government Overpaid More than a Billion over Improper Social Security Benefits

noreply@blogger.com (Anonymous) — Wed, 18 Sep 2013 23:42:00 +0000

Generally, the Social Security Disability Insurance Benefits are available for the Americans who have been deemed to be physically or mentally impaired by a long-term condition that prevents them from being able to work. However, people nowadays seem to take advantage of the said federal program.

According to recent news reports, the American watchdog Government Accountability Office (GOA) found out that the Social Security Administration (SSA) has overpaid an approximately $1.3 billion in Social Security Disability benefits to thousands of recipients who were not eligible to receive the said benefits.

Based on GOA’s report, since the beginning of the year, nearly 36,000 people have been receiving “potential overpayments” from the SSA.

Under the agency’s “strict” policy, a disability benefit applicant must go through a five-month waiting period in which the claimant’s earnings must not exceed $1,000 during any of the given month. But the GAO found out that thousands of people who were receiving benefits have incomes more than the said income limit.

Also, under the SSA’s policy, after an applicant qualifies for a disability benefit, the recipient is able to enter a trial work period. Meaning, the recipient can return to work while receiving benefits but only within a period of up to nine months. However, the GAO has further discovered that many recipients as well are receiving benefits long after the said nine-month trial work period has ended.

Unfortunately, while a possible budget deficit in the said federal program is being projected in the near future, the government still remains stagnant and fails to exert a little more effort in protecting the same.

Although the said 36,000 overpaid recipients only account for less than 1 percent of the over all disability benefit recipients, such number of improper payments could likely be higher according to GOA. Also, several Los Angeles social security disability lawyers agree with the watchdog that even such small percentage of improper payments still cost tax payers.

SSA Drops Official Term “Mental Retardation”; Switches to “Intellectual Disability”

noreply@blogger.com (Anonymous) — Wed, 28 Aug 2013 22:49:00 +0000

Aside from being physically vulnerable, people with disabilities are likewise emotionally susceptible. Therefore, people that surround them should be sensitive enough when addressing or referring to them.

In the aspect of terminology, different terms have been used for disabled individuals across the globe for many years. The euphemism treadmill and changing fashions were said to have a direct impact to the rise and fall of the popularity of certain terms.

At present, “disability” or “impairment” is commonly used to identify people with disabilities, leaving the more specific terms such as “blind”, “deaf” and “handicapped”, which the disabled individuals often consider as offensive or even insulting.

Subsequently, the Social Security Administration (SSA) definitely understands that the people with disabilities would not want to be called with such unpleasant terms. Thus, in its recent announcement, it has confirmed that that it will abandon the use of the official term “mental retardation” and will be switching to a more modest “intellectual disability” in its Listings of Impairments.

Apparently, the agency is referring to its Compassionate Allowances Programs that is used in assessing claims involving mental disorders on both adults and children and in other proper sections of its rules.

The said modification is in line with the Congress’s unanimous agreement that was eventually turned into a law called Rosa’s Law way back in October 2010. Under the said law, the term “mental retardation” and “mentally retarded” should be stripped from federal health, education and employment policies and must be replaced with the term “intellectual disability”.

In April, 2012, the same effort was made in California. The state’s Senate has also stripped the “R” word and superseded with “Intellectual Disability” in provisions relating to educational and social services, commitment to state facilities, and felonious punishment. The same was deemed very significant by many Los Angeles social security claim lawyers.

Three Most Common Social Security Scams Revealed

noreply@blogger.com (Anonymous) — Wed, 07 Aug 2013 22:28:00 +0000

Generally, Social Security is always being a target of scammers. Apparently, this is no longer surprising since nearly 55 million people rely on Social Security benefits. Therefore, it will be difficult for the Social Security Administration (SSA) to crack down on scammers.

In an aim to at least warn the people, since the agency itself cannot completely eliminate such kind of fraud, a Los Angeles long term disability lawyer revealed three of the most big social security scams in the country:

Scenario 1:

“We are updating our records.”

Somebody posing as a Social Security Administration employee will call, e-mail or mail you asking for your personal information, such as Social Security number, birth date, mother’s maiden name, bank account number for the purpose updating your records.

Reality:
Once you give the caller or the letter sender your personal details, you just gave them a go signal to steal your identity as well as your money. Keep in mind that legitimate SSA representatives will not contact you by e-mail, but may respond to you either through phone or letter if you’ve applied for benefits. Before providing any information, make sure that you call Social Security yourself to verify that the contact is genuine.

Scenario 2:

“We will give you a bigger check.”

Someone will offer to help you snag additional or higher benefits for a “filing fee” or “service charge.” This might sound enticing, but on a second thought, it might also be too good to be true.

Reality:
The SSA does not charge filing fees. Moreover, if you feel like you are entitled to a higher benefit, you can file an appeal all by yourself at no cost. If everything turns complicated, you can hire someone to help you, but be sure that that someone is truly trust worthy.

Scenario 3:

“You’ve got a special tax refund coming.”

Someone will say by filing a new income tax return, you can get a lump sum of nearly $3,000.00 as compensation for your lack of Social Security COLA increases in the previous years.

Reality:
Aside from being charged with $30 or more to file new tax reforms, and you’ll get no refund. You have also freely given away your personal data, meaning, you just handed them you identity and money.

So there it goes. The lawyer herein hopes that you learn from these scenarios. Thereby, the next time someone will approach you and tell you the above-said magic words, you are already aware how to deal with it.

It’s Official! The President Directs SSA Attorney General to Review the Impact of DOMA on the Federal Benefit Programs

noreply@blogger.com (Anonymous) — Wed, 24 Jul 2013 21:25:00 +0000

Finally, after a series of disputes regarding the exact impact of the recent Supreme Court decision in the Section 3 of the Defense of Marriage Act (DOMA) on federal benefit programs, all unanswered questions are likely to be solved now.

In its official press release, the Social Security Administration (SSA) has announced that President Barack Obama has finally directed the agency’s Attorney General to work with other members of his cabinet to review the DOMA repeal in able to determine its impact on the benefits administered by the Social Security. This is to make sure that all government agencies will implement the decision swiftly and smoothly.

In response to the President’s call, the agency has also announced that it is now working with the Department of Justice to determine how the recent decision will affect the agency’s programs, as well as to learn how to develop appropriate instructions for its own personnel.

Meanwhile, the agency encourages all individuals who believe that they may be eligible for Social Security benefits in light of light of the DOMA repeal to apply now so that they can be protected from the possibility of losing any potential benefits.

Consequently, expect some clarity in the days ahead as the agency learns its own way on how to process new claims in accordance with the recent Supreme Court ruling, applauded by a Los Angeles disability lawyer.

The Impact of DOMA Repeal to Social Security Benefits Explained

noreply@blogger.com (Anonymous) — Wed, 10 Jul 2013 21:22:00 +0000

What is DOMA?

Initially introduced in May, 1996 by the then-U.S. President, Bill Clinton, the Defense of Marriage Act (DOMA), was signed into law on September 21, 1996. The said federal law legally allows states to refuse to recognize same-sex marriage under the laws of other states.

How DOMA was repealed?

After more than sixteen years, the U.S. Supreme Court has finally made remarkable changes in the Section 3 of DOMA, that favor the lesbian, gay, bisexual and transgender (LGBT) and its advocates. On June 26, 2013, the court has ruled that the said law that prevents the federal government from recognizing same-sex marriage legitimized by states is unconstitutional. Meaning, DOMA was only enacted as law by either by a national legislature or a by a subordinate level of government legislature such as a state or a province. Consequently, the act is in violation of the Fifth Amendment.

Therefore, from now on, gay marriage or same-sex marriage would be legally recognized in U.S. Also, same-sex marriage couple may now enjoy the same privileges provided by the federal government to opposite-sex marriage couples, such as income tax benefits, estate and gift tax benefits, tax-payer friendly employee benefits and Social Security benefits.

How DOMA would affect social security benefits?

Unfortunately for those same-sex marriage couples who are living in states where same-sex marriages are not acknowledged, they could not take advantage the new law. This is because that Social Security Administration (SSA) generally uses the couple’s current state of residence as its basis for determining spousal benefits.

Meanwhile, for those same-sex couples living in states where in same-sex marriage is recognized, they could start enjoying the significant changes brought by the revised law in their Social Security system.

Here is what they can expect from their social security benefits following the big changes:

Survivor’s Benefits

Usually, when a spouse of an opposite-sex marriage dies, the surviving spouse may be eligible for a survivor’s benefits provided that he or she is 60-years-old or older and disabled, or could be at any age if he or she is caring for the decedent’s child who is younger than 16-years-old, or disabled and entitled to Social Security benefits on the record of the deceased spouse. Now, with DOMA repeal, the same benefits would also be available to same-sex marriage couples.

Divorced Spouses

Traditionally, if the opposite-sex couples divorces, the estranged spouse may qualify for the Social Security benefits based on his or her ex-spouse’s earnings. Under the agency’s policy, a divorced spouse must have been married to his or her ex-spouse for at least 10 years and have been divorced for at least two years. In addition, the divorced spouse must be at least 62-years-old, unmarried and ineligible for an equal or greater benefit based on his or her own earnings of the earnings of someone else. Now, the same benefit presumably applies to divorced same-sex couples.

Death Benefits

During unavoidable circumstances like death, the SSA pays a one-time death benefit of $225 to a decedent’s surviving spouse in an opposite-sex marriage or to a minor child of the decedent. Presumable, the agency is now expected to pay the one-time death benefit to the surviving spouse in a same-sex marriage.

Since the new law is still young, in all of these changes, same-sex marriage couples can expect the SSA or even lawyers from a Los Angeles social security disability firm to provide guidance in the issue.

Inspector General: SSA Improperly Paid Benefits to 1,500 Deceased Americans

noreply@blogger.com (Anonymous) — Thu, 27 Jun 2013 23:56:00 +0000

Amidst the existing problem on social security benefits’ projected insolvency, the Social Security Administration’s (SSA) inspector general (IG) has said last Monday that the agency improperly paid millions in benefits to more than a thousand and a half Americans who are believed to be deceased.

According to the IG, the agency improperly paid $31 million in benefits to at least 1,546 Americans who are believed to be deceased. This is despite of the fact that those deceased already had their death certificates submitted in the government’s database, suggesting that it should have known that Americans had died and halted payments.

The IG has revealed that the government made payments as if those deceased were alive for an average of 20 extra months.

Consequently, the IG has suggested several recommendations that aim to prevent such mistake from happening again. The agency on the other hand has agreed to make changes.

For years, the agency has been focusing on the same problem. In fact, in 2009, the IG likewise discovered that the SSA was paying benefits to 6,733 people even if their death certificate records were already filed. Furthermore, making matters worse for the agency, 91 of those people identified as deceased in 2009 audit were still being paid benefits until May, 2012.

Meanwhile, the IG did not specify the names of those people who collected the decedents’ benefits. Also, it did not mention whether the government will seek to recoup the funds.

Although, those more than a thousand and a half improperly paid benefits only account to a tiny portion of the 55 million Americans collecting social security benefits, it could still lessen the burden of the federal government regarding its draining resources, said by a Los Angeles SSI lawyer.

Bill to Help Military Sexual Harassment Victims to Get Disability Benefits Moves Forward

noreply@blogger.com (Anonymous) — Wed, 12 Jun 2013 23:03:00 +0000

A few weeks after two Democratic legislators in the U.S. Congress first introduced the bill that would help military sexual harassment victims to get disability benefits, a slightly revised version of the same has finally earned a go signal from the Congress. Thus, it is now making its way through the Senate.

Early this year, the said bill that was named after the Navy veteran who was left homeless and mentally ill after being repeatedly raped way back in 1987 by her supervisor was initially introduced by Sen. John Tester D-Mont. and Rep. Chellie Pingree. The said bill called the Ruth Moore Act, aims to make it easier for sexual assault victim veterans to prove that their mental health problems were as a result of sexual harassments while in service with the U.S. military.

The said effort is in light of the overly-high threshold for the survivors that make it impossible for them to be seen as eligible for disability benefits. In fact, out of three claims of Post Traumatic Stress Disorder (PTSD) resulting from Military Sexual Trauma (MST), only one has been approved by the Department of Veterans Affairs (VA) between 2008 and 2010.

Under the original proposal, it was noted that veterans who claimed they were victims of military-related sexual trauma would have their claims accepted if a mental health professional attested that their condition is consistent with sexual trauma and their claims are not opposed by evidence.

Now, the new version of the bill that is making its way through the Senate House made it clear that supporting documents like the official record of assault and medical reports are no longer required. The survivor’s testimony could now be enough as solid evidence. Also, the legislation seeks to require anyone found guilty of a sex-related crime to receive a punishment that includes but not limited to a dismissal from military service or a dishonorable discharge.

Apparently, the bill aims to ensure that the survivors who have suffered such horrific crime must be completely confident that the VA will provide them with care, assistance and support they deserve, lauded by a Los Angeles permanent disability lawyer.

So far, the bill is scheduled to be reviewed today, June 12 on a defense policy bill that eliminate the power of military commanders to overturn convictions in rape and assault cases.

New Bill to Speed Up Disability Claim Process for Veterans Introduced

noreply@blogger.com (Anonymous) — Fri, 31 May 2013 23:16:00 +0000

Image gives credit to

NY Daily News.

Following the call of several lawmakers to President Barack Obama in an effort to ease the backlogs of Veterans’ disability benefit claims, a new bill that would speed up the claiming process was recently introduced.

News have it that the U.S. Representative, Grace Meng, D-Flushing has introduced a new bill that would speed up the process of filing disability benefit claims for veterans in Queens.

Apparently, veterans from boroughs of New York City suffered the longest waiting times to receive benefits across the nation due to massive backlogs of disability claims. Usually, many of the veterans have to wait for as long as 500 days or less than a couple of years for their benefits. Therefore, the congresswoman has finally come up with the legislation.

In her statement that was quoted below, Meng said:

“Forcing disabled veterans to wait such long periods of time to receive the vital benefits they require is disgraceful and unconscionable. Our veterans and returning troops who valiantly served our country must not continue to be subjected to these shameful and inexcusable delays. They deserve better.”

So far, there are approximately 878,000 veterans across the nation have disability claims waiting to be processed by the U.S. Department of Veterans Affairs (VA). About 593,000 of which already exceeded the agency’s processing goal of 125 days, Meng added. Nationwide, the average waiting time of processing a claim for a veteran is 310 days while claimants in Queens experienced an average of 499 days waiting time.

In addition, aside from the prolonged waiting time, nearly 14 percent of the claims processed by the agency’s regional office are erroneous.

Consequently, the proposed law would require the regional office to provide an annual report which required the latter to explain why it did not meet a specific goal and ask for the resources it needs to meet the goal.

Meanwhile, several Los Angeles social security claim lawyers agreed with Meng when she attributed the rapidly growing number of disability claims to the increasing number of veterans returning from Iraq and Afghanistan. We can never indeed deny the benefits that those heroes deserve following the sacrifices they made to our nation.

Sen. Bernie Sanders Renews Call to Oppose Social Security Benefit Cuts

noreply@blogger.com (Anonymous) — Wed, 22 May 2013 22:50:00 +0000

Image is a screenshot of the
original photo posted in
Sen. Bernie Sanders’ official
web page.

In a renewed call to oppose social security cuts, Sen. Bernie Sanders brought together seniors’ and veterans’ organizations and other members of the Congress for a Capitol summit meeting to protest the proposed cuts in Social Security and disability benefits.

During the summit, Sanders has noted that there are some other ways to reduce the deficit but not through cutting the benefits of the disabled veterans, elderly, the children, the poor and the sick.

Hundreds of people attended the event that aims to oppose the proposal made by President Barack Obama to cut cost-of-living adjustments for Social Security and disabled veterans through the chained consumer price index (CPI).

For those who do not understand the meaning of chained CPI yet, it is revising how the consumer price index is being calculated. Unfortunately, the new formula would result in significant cuts in social security benefits and other federal programs. Also, the chained CPI would increase the taxes of working families. More than three-quarters of the new revenue increased would come from Americans earning less than $200,000.00 a year, while those earning between $30,000.00 and $40,000.00 would be hit experience the hardest strike.

Sanders further cleared the ambiguity to everyone by in his statement that was quoted below:

“Let’s be clear.. Social Security has not contributed a dime to the deficit. Social Security has a $2.7 trillion surplus. Social Security can pay 100 percent of promised benefits for the next 20 years. In other words, despite what you may be hearing from right-wing Republicans and the mainstream media, Social Security is not in crisis and Social Security is not going broke.”

Participants of the said summit included the Alliance for Retired Americans, the National Committee to Preserve Social Security and Medicare and the Strengthen Social Security Campaign. In addition, Sanders also welcomed support from other organizations like the AARP, the AFL-CIO, MoveOn.org, the Center for Community Change, the Campaign for America’s Future, the Paralyzed Veterans of America, Latinos for a Secure Retirement, the AMVETS and some other groups that helped organize the event.

Moreover, aside from the said organizations, several senators including Sen. Elizabeth Sen. Warren (D-Mass.), Sen. Al Franken (D-Minn.), Sen. Jack Reed (D-R.I.) and some representatives like Rep. Keith Ellison (D-Minn.), Rep. Peter DeFazio (D-Ore.), David Cicilline (D-R.I.) and Ted Deutch (D-Fla.) have joined the Sanders in his advocacy.

Meanwhile, being a social security advocate, a Los Angeles long term disability lawyer herein wishes for the best for those who joined the summit. Being a supporter of the same, he likewise feels alarmed after Obama’s proposal due to his concern with the citizens who much needed support. Therefore, he strongly believes that such event is necessary in order to draw more attention and support.

Analysis: Immigration Bill Would Likely Boost Social Security

noreply@blogger.com (Anonymous) — Wed, 15 May 2013 22:54:00 +0000

The Social Security Administration (SSA), through its analysis, predicts that the bipartisan bill that has been pending before the senate would likely boost the federal program’s trust fund.

Recent reports have confirmed that a chief actuary from the SSA claimed that an immigration bill waiting for approval from the senate would significantly boost the Social Security fund by adding millions to the economy.

Apparently, the analysis wishes to begin collecting taxes from the immigrants to support the federal program. Experts assess that the immigrant’s bill affects the seniors, survivors, as well as the disability insurance in a way that it enters in a growing body of economic data gathering on both sides of the immigration reform debate.

In the long run, experts hope that the final effect of the bill OASDI actuarial balance will bring positive result. In fact, in a letter sent by SSA’s chief actuary, Stephen C. Goss to Sen. Marco Rubio, (R. Fla.), who is the architect of the bipartisan legislation, noted that if the number wage earners paying taxes would increase, that is if the proposed immigrant bill has been legalized, the federal program’s fund would likewise increase.

Actually, many of the undocumented individuals are working in the country illegally without paying taxes. Therefore, this time, the bill would eventually charge them with proper taxes, Goss also cited in his letter.

Apparently, not only the country would be benefited by the proposed bill. Immigrants themselves would also benefit from it since once they became legal workers, their federal benefits would have substantial benefit coverage as well.

On the other hand, opponents of the bill argue that legalizing immigrants would just cost the country a staggering amount of $6.3 trillion since they would collect more in government services than they pay in taxes. Therefore, other conservatives disputed the bill.

So far, the Congressional Budget Office is expected to conduct a separate analysis regarding the matter in the following weeks.

Meanwhile, weighing the pros and cons of the proposed immigrant bill, a Los Angeles social security disability firm speculated that the same would still come a long way of debate before it may be able to meet its final route due to many things that still have to be considered.

Michael J. Astrue Out, Carolyn Colvin In As New SSA Head

noreply@blogger.com (Anonymous) — Wed, 08 May 2013 21:56:00 +0000

The Social Security Administration (SSA) just had a change in its management after former Commissioner Michael J. Astrue left his position. Astrue was known to have overhauled the complex operations of the agency, making it more efficient and offer service of better quality.

Astrue, during his time as commissioner of the SSA, has adopted fast-track processes, reduced the time for disability hearings by about 180 days, replaced the data center with a state-of-the-art facility. Astrue was also responsible in developing a suite of electronic services both in English and Spanish, the best of any government-offered electronic services. Astrue was also responsible in initiating cooperation between the agency and the Bureau of Labor Statistics for better vocational tools for disability determinations. He has also provided tools to help Americans plan their retirement benefit and improve the quality of disability decision-making. Astrue also pushed the “plain language” reporting of annual financial status of the Medicare and Social Security programs.

These achievements have made Astrue well-loved by employees and Social Security beneficiaries. These made him the winner of many awards because of his service for the agency. As he now leaves the SSA, the agency needs a leader with the same dedication to lead the agency to a better direction.

Former deputy commissioner Carolyn Colvin has recently been appointed to take over Astrue’s post. She is now the Acting Commissioner of the SSA. Throughout her stint in the agency, she has been able to manage programs that have helped people with their healthcare and financial needs. She has held various key SSA positions like Deputy Commissioner for Policy and External Affairs, Programs and Policy, and Operations.

Colvin has also held important positions outside of the SSA. She became the Director of Human Services for the District of Columbia, Director of the Montgomery County Department of Health and Human Services. She also became the Chief Executive Officer of AMERIGROUP Community Care of the District of Columbia, Special Assistant to the Secretary of Maryland’s Department of Transportation, and the Secretary of Maryland’s Department of Human Resources. In all of these positions that she held, she was able to contribute significantly for the respective agency’s betterment.

Her great educational background and the many awards that she has received is a great testament to her dedication for work, making her perfect for the position as Deputy Commissioner of the SSA. A disability benefits lawyer believes in Colvin’s capabilities and her potential as the new head of the SSA. With the many challenges that the Social Security faces, the agency needs a leader with the proper skills and the concern for the public’s welfare. Everybody’s hoping that Colvin can be as effective, and even better than Astrue as a leader of the SSA.

Weighing the Pros and Cons of Chained CPI

noreply@blogger.com (Anonymous) — Wed, 24 Apr 2013 23:47:00 +0000

Following the talk-of-the-town budget proposal released by U.S. President Barack Obama that was eventually approved by the Republicans in the end despite the oppositions from the Democrats and other government and non-government organizations, the lawmakers are now examining the impacts of the so-called chained Consumer Price Index (CPI).

Several media sources have confirmed that the lawmakers on House Committee on Ways and Means Sub-committee on Social Security today take a closer look on the effects of the new proposed formula on the federal programs. According to reports, house examines whether using a chained CPI formula to calculate Social Security benefits is the right way to reduce the program’s future costs.

During a hearing, people asked how chained CPI differs from the current index. As a response, a spokesperson from the Bureau of Labor Statistics (BLS) explained that the current CPI is the index used for all urban consumers or the CPI-U while the chained CPI is the latest in the stage in the development of today’s cost of living measures and improves on the CPI-U by considering how consumers substitute among goods when the price changes of those goods vary. The agency came up with such formula by using price surveys, consumption expenditure survey and formulas to figure monthly estimates of changes in the cost of living, the spokesperson stressed.

In addition, the co-chair of The Strengthen Social Security Coalition has also agreed that the new formula is a better gauge than the current index for seniors since the increasing healthcare cost consumes more of their expenses, which is reflected in the new CPI-U.

On the contrary, a ranking member of the Subcommittee argued that changing the CPI would simply means a cut to future recipients’ benefits.

Consequently, pros and cons regarding the chained CPI were further argued, but so far, neither the advocates nor the opponents spotted a sure win.

Nevertheless, advocates of the new formula continue to push the same. They believe that the proposed changes would finally bring a technical improvement in the country’s cost cutting efforts, speculated by a Los Angeles disability lawyer.