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  • The purpose of this blog is to provide information to people who have been injured due to negligence, and to those who have filed for Social Security disability benefits, or who are considering filing for Social Security disability benefits.
  • Our Dallas, Texas personal injury and Social Security disability lawyers want to help. To find answers to your questions, please use the Google search box or the Categories list below. If you still don't find what you need, just send an e-mail to me at info@kraftlaw.com and I'll get right back to you.

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  • This Blog and all materials on it have been prepared by Kraft & Associates for informational purposes only and not as legal advice. While we do attempt to keep our material up-to-date, we cannot guarantee that it is either complete or current, and it may not reflect the latest legal developments. Do not act upon any information contained in this Blog without seeking the advice of legal counsel licensed in your own state. Kraft & Associates does not wish to represent anyone who is in a state where this Blog fails to comply with all laws and ethical rules of that state. Transmission of this information is not intended to create, and receipt does not constitute, an attorney-client relationship. I am NOT your lawyer until you and I have each signed a written contract stating that I am your lawyer. The attorneys and employees of Kraft & Associates make every effort to reply to e-mail inquiries as promptly as possible. However, we cannot guarantee that we will always be able to quickly respond to your questions. If you have a time-sensitive inquiry, please call us at (214) 999-9999 or (800) 989-9999. Please feel free to send us e-mail with your comments, suggestions or questions. But understand that sending e-mail to our firm or to any attorney in the firm does not establish an attorney-client relationship. Communications between you and an attorney are not privileged until the parties have agreed upon legal representation and we cannot agree to maintain the confidentiality of such communications. Please do not send confidential information to us via e-mail without first communicating directly with us by telephone. E-mail is not a secure medium of communication. Links to other Blogs or to Web sites are not intended as endorsements of the linked sites. The linked sites are not under the control of Kraft & Associates and we are not responsible for the contents of any linked site. If you have read this whole disclaimer, congratulations on your perseverance. Please let us know any way we can help you. The entire contents of this Blog are copyright © 1997-2006, Kraft & Associates. All rights reserved. In addition, certain articles at this site are reprinted with permission as indicated therein.

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December 2007

December 31, 2007

Link of the Day - Crime Reports Online

This is going to be my final Link of the Day for a while. I'll continue to feature helpful links, but less frequently.

Crime Reports Live is a Web site where you can search for information on recent crimes in your neighborhood (or anywhere else). Here is information from the site:

The Community Safety Management Network is here for your safety. Part of that obligation is keeping you as informed as possible concerning crimes in Dallas neighborhoods, and business districts. This online tool has been designed to be an easy to use, easy to understand means of getting information about crime type, location of crime by street, date, police district or beat, zip code, premises, and displays it on a zoomable city map.

Levers Replacing Doorknobs In American Homes

It has been reported that the percentage of lever door openers in homes is increasing year by year, and the percentage of doorknobs is falling. Levers now make up only 15% of all home door openers, but levers are gaining fast.

Aside from decorative features, levers have one big advantage over doorknobs, and that is the ease with which disabled people can operate them. Many Americans are simply unable to grasp and twist a doorknob. But almost anyone can operate a door lever -- with an open hand, a fist, or even an elbow.

The only drawback I have found with levers is that they can be operated by a toddler, or even (surprisingly) by a cat!

Levers are far more popular in public buildings because one requirement of the Americans With Disabilities Act is that doors to buildings accessible by the public must be "usable with one hand, without tight grasping, pinching or twisting of the wrist."

If you are doing any home remodeling or redecorating, please consider replacing doorknobs with levers. As you age, you will appreciate the levers more, and so will your guests and family members.

December 30, 2007

Link of the Day - Travel Tips

Whether you travel for business, pleasure, or both, flying seems to be a bigger hassle than ever before. That's where JohnnyJet comes to the rescue. This Web site is published by a fellow who travels practically nonstop, and has an enormous variety of travel tips and resources. Here's his sotry:

I started this newsletter/website for fun. It all began when I e-mailed a few friends who traveled a lot, and wanted to earn as many miles as I did. We competed to see who could accrue more miles, and after kicking their butts (I learned a lot traveling 150,000 miles a year for the past 10 years), I decided to be nice and help my friends out. My first e-mails told them what numbers to call so they could earn double miles or points. Each week I got more creative, adding new features like tips, web cams and helpful travel websites. My list grew and grew. I got e-mails from people I didn't even know, asking to be added to the distribution list. When my list reached 500 I decided to make a website. I felt there were many helpful, cool websites out in cyberspace, but not one of them had everything I needed. I had so many travel bookmarks and favorites that sometimes even I couldn't find what I was looking for. So I laid them all out, organized them, and voila: The Johnny Jet Portal! The website was designed to point travelers to everything the web has to offer. It doesn't matter if you travel five days a week, or once every five years. This site is for everyone! It has become the "first stop" for thousands of travelers. Those who contribute to Johnny Jet share my vision -- and I share theirs. Together, all of us get the inside scoop on how to do travel -- and how do it economically, comfortably, efficiently and with plenty of style. Don't forget to tell your family, friends and colleagues to sign up to our free Johnny Jet’s Travel News, Tips and Stories newsletter (at www.JohnnyJet.com) -- and to use our search engines when booking travel.

December 29, 2007

Link of the Day - End User License Agreement Analyzer

Do you ever take the time to read the end user license agreements (EULAs) that pop up each time you buy or download a software program online? No, neither do I. But now there's a free program that will read the EULA for you, and alert you to any tricky language. Just visit JavaCoolSoftware.com and get the program for free. Here's more information:

End user license agreements (EULAs) are the bane of most computer users.
No one wants to read through pages and pages of boring text before installing a program. And many programs put their license agreements in small windows that require lots of scrolling. So many people either skim them or skip reading them altogether.

But it can be dangerous not to read license agreements.
License agreements can provide information about the intentions of software, and other bundled components. Have you ever installed a program, only to have your desktop taken over by advertising? It may have been noted in the license agreement that you simply clicked past. If you aren't reading the license agreements, you have no idea what you could be agreeing to.

You should always read license agreements before agreeing to them.
But now there's a way of making that much easier.

EULAlyzer - Making it all easy

EULAlyzer can analyze license agreements in seconds, and provide a detailed listing of potentially interesting words and phrases. Discover if the software you're about to install displays pop-up ads, transmits personally identifiable information, uses unique identifiers to track you, or much much more.

The Benefits

  • Discover potentially hidden behavior about the software you're going to install
  • Pick up on things you missed when reading license agreements
  • Keep a saved database of the license agreements you view
  • Instant results - super-fast analysis in just a second

And with additional features like the EULA Research Center, which optionally allows users to anonymously submit license agreements they scan to help us to further improve the program, everyone can be a part of the effort to make something that used to be so tedious, so easy.

December 28, 2007

One More Editorial About Social Security Disability Backlog

For the third day in a row, I'm featuring a newspaper editorial from earlier this month, again criticizing the huge backlog in processing Social Security disability claims.

I don't know if the public is beginning to figure out that the Social Security disability system will not be there for them if they become disabled, but at least some newspapers have gotten the message. Our country simply must improve the Social Security disability system. The cost to society of all these hundreds of thousands of disabled people with no income to pay medical bills is too high. The United States would be much better off if we just paid the disability benefits we owe, so the disabled can stop depleting charity funds and clogging up government hospitals. We need to restore some dignity to the disabled, and let them have the financial means to support themselves. Here are excerpts from an editorial from the McClatchy-Tribune Information Services:

We must stop the inexcusable delay in getting Social Security benefits to people with disabilities.

Hundreds of thousands of people who have filed legitimate disability claims with the Social Security Administration have been forced to wait, on average, an astonishing 520 days for a hearing on their claims. Many have waited as long as three years, losing their homes in the process.

Social Security Commissioner Michael Astrue has conceded that some people have even died while waiting for their disability payments to come through.

That's mostly because the Bush administration and Republicans in Congress have provided $4 billion less than the agency has requested for its staffing needs.

The result, according to Sylvester J. Schieber, chairman of the Social Security Advisory Board, is "crushing backlogs, rapidly growing application rates and steadily declining numbers of workers to process the workloads."

There are fewer people working at the Social Security Administration today than there were during the Ford administration. But the number of applicants claiming a disability has doubled since 2001 and is growing so rapidly that it is estimated that the backlogs of people waiting more than a year will bloat to 1 million by 2010.

Congress and the White House have been well aware of this crisis. The Advisory Board has issued 21 reports and statements since 1998 calling for more resources for Social Security disability programs.

Meanwhile, the situation keeps getting worse. The backlog has grown from 311,000 in 2000 to 755,000 today, according to The New York Times.

Sen. Byron Dorgan, D-N.D., put it well in a letter he sent to President Bush in September. "The bottom line is," Dorgan wrote, "that elderly Americans and other poor individuals with disabilities that prevent them earning a living and paying their bills deserve better. Social Security disability benefits keep millions of disabled Americans out of poverty. But these people who are unable to work and need immediate assistance to avoid financial collapse do not appear to be a priority for your administration."

Imagine if this were a private insurance company collecting disability insurance premiums and then stringing its customers along for years when they need to collect. This would be seen as a major case of insurance fraud.

But in Washington, it's business as usual.

That's got to change.

Link of the Day - Friday Fun

Another time-waster, courtesy of Tom Mighell. Dodge is a very simple game of chasing a blue box around the screen while avoiding red dots. Have fun!

December 27, 2007

Challenge To Vioxx Settlement Withdrawn

The challenge to the Vioxx settlement made on ethical grounds was voluntarily withdrawn in a brief filed on December 22. The supporting papers in the motion to withdraw state that the parties are meeting on the issue and have made "great progress," but do not specify what that progress is.

Another Editorial About Social Security Disability Backlog

Yesterday I mentioned an editorial in the San Antonio Express-News decrying the terrible Social Security disability claims backlog. Another similar editorial ran this month in the It. Louis Post-Dispatch. This one highlights a claimant who died shortly after being told he was not sick enough to qualify for Social Security disability benefits. Here are excerpts:

Mark Denny's disability hearing took place Monday at the Social Security Administration office in Creve Coeur. An administrative judge was there, as were lawyers and Mr. Denny's mother and sister.

Mark Denny himself wasn't there. He died on Jan. 24, 2006 — two weeks after being told he wasn't sick enough to collect federal disability insurance, and shortly after he decided to appeal.

His case isn't unusual, though most clients don't die during the average 486 days it takes from the time a disability appeal is filed with the Social Security Administration in St. Louis until a hearing can be held. It takes even longer in Kansas City: 684 days.

The problem isn't caused by lazy civil servants. The judges who preside over disability appeals face a crushing caseload, as do the Social Security employees who process the paperwork. Federal funding for their agency hasn't kept pace with demographics. Aging baby boomers have now reached their 50s and 60s. That's the age range of most people who file federal disability claims.

Consider these statistics:

— The Social Security Administration says a judge can handle as many as 360 cases at one time. The average caseload for judges across the country is 736.

— Nationally, the average waiting time for hearings is more than 500 days.

— The number of cases awaiting hearings has jumped to about 755,000 from 311,000 in 2000.

Social Security officials asked for an extra $100 million to hire 150 more judges. But President George W. Bush didn't include it in his budget. And when Congress voted to provide an extra $275 million in hopes of drastically reducing the backlog, it was included in an appropriations bill that Mr. Bush vetoed as being too expensive.

Many [claimants] have serious mental illnesses that go untreated while they wait. Lawyers who handle appeals say it has become common for clients to lose their homes or apartments. Mr. Denny, a graphic artist, was fortunate to have a mother who paid rent on a small St. Louis apartment and a sister who shopped for and looked in on him.

After an auto accident in 1995, Mr. Denny suffered steadily increasing pain in his back and legs. Doctors found dangerous blood clots. They worried that the clots could dislodge and travel to his heart or brain, causing heart attack or stroke.

They were right. Mr. Denny died of a stroke. He was 48 years old. His mother and sister have kept the case going for nearly two years. With luck, his case will be decided by spring. What's at stake are disability payments and medical expenses for the months before he died.

"I view it as justice for him," said Mr. Denny's sister, Katheryn Ludwig. "It's horrendous what the system puts people like my brother through."

Link of the Day - Regiftable.com

OK, Christmas is over, and you absolutely love every gift you got, right? Yeah, me neither. Here's the answer for us: Regiftable.com. This is their story:

Why Regiftable.com?

The credit counselors at Money Management International (MMI) know that being in debt is no way to start the New Year. They created this Web site to help you get through the season with your budget and your sanity in tact.

Whether you are a fan or foe, regifting has become a phenomenon. Regifting experiences can range from resourcefully refined to a comedic disaster; it’s all about the five ‘Ws’ (who, what, when, where, & why). In our opinion, if you are going to do it, do it right! With this holiday season’s particularly tight budgets, it only makes sense to talk about all possible ways to stretch your resources.

In addition to regifting, the folks at MMI love to talk about pregifting, postgifting, ungifting, misgifting, multigifting and nongifting. In fact, the experts at MMI have developed materials that cover a wide range of topics; all to help you financially survive the holidays. So if your holiday debt typically outlasts your fruitcake, consider giving yourself a gift this holiday season; the gift of freedom from financial worries. (After all, the holidays are supposed to be fun!)

December 26, 2007

Editorial Addresses Backlog In Social Security Disability Claims Processing

The San Antonio Express-News recently ran a short editorial about the shameful backlog in processing Social Security disability claims by the Social Security Administration. I do disagree when the editorial says the problem is a lack of judges. Administrative Law Judges cannot perform their jobs without staff., I believe a lack of staff is a bigger problem than a lack of judges. Here is the editorial:

The system that is supposed to help those least able to help themselves is failing them.

Appeals of Social Security disability claims are taking years to get resolved.

That wouldn't be such a problem if the individuals seeking the help were not relying on the funds to support themselves.

Social Security disability payments are supposed to help those individuals unable to do any kind of substantive work for at least 12 months because of physical or mental disabilities.

Generally, only one in three applications is usually approved. Interestingly, two thirds of the appeals are eventually granted.

Often the individuals seeking disability payments are left homeless through eviction, forced to declare bankruptcy or die before their cases are resolved, the New York Times reports.

The problem appears to be a lack of sufficient judges to hear the appeals.

The growing numbers of applications has caused the appeals time to grow from 258 days in 2000 to 500 days today. The backlog of cases waiting adjudication has increased from 311,000 to 755,000 during the same period, the newspaper reports.

The agency wants to hire 150 new appeals judges to handle the stockpile of cases, but the plan is being held up by politics.

In some states, those waiting for their Social Security disability cases to be resolved are turning to the state government for assistance.

It's a shame that a system established to help is instead aggravating the problems.

Initial decisions on Social Security disability applications are made based on the paperwork submitted; there are no face-to-face interviews until it goes to an appeals judge.

If two-thirds of the cases rejected are eventually approved, perhaps it's time to reconsider the way cases are handled at the inception.

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