Personal Injury and Social Security Disability Blog

Friday Fun

I hadn't played Mah Jongg in years until I stumbled across this online version. Very relaxing.

Texas Supreme Court Justices Take Years To Handle Cases

Update: now you can see the presentation of this Supreme Court story made on the ABC TV station in Dallas February 27, 2008.

From the consumer group Texas Watch comes this press release about the Texas Supreme Court:

TEXAS SUPREME COURT JUSTICES TAKE YEARS TO HANDLE CASES
Inefficiency of High Court Justices to Blame for Backlog

AUSTIN – The Texas Supreme Court has an ever-growing backlog of cases because the members of the high court are operating at a snail’s pace, leaving individuals, business owners, patients, and families in legal limbo, according to a new report issued today by Texas Watch.

“When Texas businesses and families turn to the courts to help resolve disputes and mete out justice, they rightfully expect an efficient resolution.  Sadly efficiency is hard to come by at the Texas Supreme Court,” said Alex Winslow, Executive Director of Texas Watch, a statewide citizens’ group that has actively monitored the Texas Supreme Court for over a decade.  “Indeed, our state’s highest court operates at a snail’s pace, leaving individuals and business owners in limbo while the Court’s backlog continues to expand.”

In its report entitled “Snail’s Pace: An Analysis of the Texas Supreme Court’s Growing Backlog,” Texas Watch examined court records for the past three court terms and discovered that the Court’s backlog is a direct result of the failure of individual justices to do their jobs expeditiously, and of the chief justice in particular to ensure the efficient operation of the Court.

“As the administrator of the Court, the chief justice is responsible for ensuring the efficient operation of the Court,” said Winslow.  “It is incumbent upon the chief justice and every member of the Court to ensure that justice is not only fair, but also efficient.”

This report comes on the heels of an ethics controversy involving three members of the Court who are accused of converting political funds to pay for personal travel.  Justice Nathan Hecht paid for dozens of in-state airline tickets in the last two years and has refused to explain the nature of the trips, and Justices Paul Green and David Medina used political funds to commute to homes in San Antonio and Houston, according to complaints filed with the Texas Ethics Commission.

“With members of the Texas Supreme Court busy traveling all over the state for personal trips paid for by political donors, it begs the question: When do the justices actually do their jobs?” said Winslow.

Texas Watch’s research shows that the backlog of cases left pending each year has increased by more than 300% over the course of this decade.  While the backlog has grown, the average number of cases produced by each justice has decreased by 25% and the average length of time to write opinions has increased 31%.  So the Court as a whole is doing less while taking more time to do it.

“By failing to keep pace with its docket, the Court makes it more likely that injured patients will go without recompense for lost wages and medical expenses, that individuals will be forced to declare bankruptcy, and that matters involving children and marriage are prevented from closing,” said Winslow.  “But the costs exist not simply on the individual level – there are costs to the public’s faith in the Texas Supreme Court.”

KEY RESEARCH FINDINGS:

• The Court took an average of 852 days (2.3 years) to dispose of a case in the 2006-2007 term, an increase of 24% from the 2004-2005 term.
• Justices take an average 416 days to write an opinion after the Court has heard oral arguments.  This represents a 31% increase from 04-05 to 06-07.
• Justices Wainwright and Johnson have fallen behind their colleagues’ output by routinely taking longer to write fewer opinions.
• The Court’s backlog has steadily increased from 14 in fiscal year 2000 to 60 in FY2007, an increase of 328%.
• The Court has left 72 cases pending for more than a year without responding to a request for review.  An additional 31 cases have been pending for more than 2 years.

View the full report at: www.texaswatch.org/TW/docDownload/12381

Central Nervous System Vascular Accident And Social Security Disability

A Central Nervous System Vascular Accident, generally called a stroke, can have devastating long term effects. It can cause problems with a victim’s speech, movement, vision, hearing and even the ability to understand. According to a 2005 government survey, the results of which were released early in 2008, stroke was the third leading cause of death in all people.

Social Security recognizes Central Nervous System Vascular Accident (CVA) as a disabling condition. Social Security is primarily concerned with a Claimant’s functional limitations after a stroke. A stroke victim may be unable to stand for long periods of time, walk effectively to keep pace with other workers, have full use of their arms and fine motor skills, etc. Additionally, some people who have a stroke will have problems speaking (Aphasia) to and understanding others. All of these factors will be considered by Social Security.

If you or someone you know has had a stroke and is considering Social Security Disability, you should contact a Social Security Attorney. A good Social Security Attorney will be able to meet with you and examine your medical records to determine if you meet a Social Security Listing or if you qualify under the Medical-Vocational Rules.

Friday Fun

Here's a strangely restful little game called Filler. Check it out.

Tips On Preventing Identity Theft

The Federal Trade Commission has some excellent information on their Web site regarding identity theft -- how it happens and how you can help prevent it. Here are a few excerpts from the government's site:

FIGHTING BACK AGAINST IDENTITY THEFT
Identity theft is a serious crime. It occurs when your personal information is stolen and used without your knowledge to commit fraud or other crimes. Identity theft can cost you time and money. It can destroy your credit and ruin your good name.

Each year, millions of Americans have their identity stolen. The Federal Trade Commission, the nation's consumer protection agency, wants you to have the information you need to protect yourself against identity theft. This information is summed up in the FTC's clear and concise message on identity theft: Deter, Detect, Defend.

DETER identity thieves by safeguarding your information
DETECT suspicious activity by routinely monitoring your financial accounts and billing statements
DEFEND against ID theft as soon as you suspect a problem

Here are examples of ways the FTC says you can take the first step -- DETER identity thieves by safeguarding your information.

• Shred financial documents and paperwork with personal information before you discard them.
• Protect your Social Security number. Don't carry your Social Security card in your wallet or write your Social Security number on a check. Give it out only if absolutely necessary or ask to use another identifier.
• Don't give out personal information on the phone, through the mail, or over the Internet unless you know who you are dealing with.
• Never click on links sent in unsolicited emails; instead, type in a web address you know. Use firewalls, anti-spyware, and anti-virus software to protect your home computer; keep them up-to-date. Visit OnGuardOnline.gov for more information.
• Don't use an obvious password like your birth date, your mother's maiden name, or the last four digits of your Social Security number.
• Keep your personal information in a secure place at home, especially if you have roommates, employ outside help, or are having work done in your house.

Medical Insurers Agree To Pay For Online Doctor Visits

Here's a potentially exciting development in the area of health insurance -- carriers may start paying for online medical consultations. More and more doctors and clinics are making themselves available to their patients online, usually for simple questions. This process can save the hassle and the expense of an in-office medical visit. If carriers will pay for these consultations, more people may use them and we'll have fewer people walking around sick because they can't take the time to visit the doctor in person. Here are excerpts from a Dallas Morning News story on the subject:

Since the dawn of e-mail, patients have been pleading for more doctors to offer medical advice online. No traffic jams, no long waits, no germ-infested offices.

There was always one major roadblock: Many health insurers wouldn't pay for it.

Until now.

In recent weeks, Aetna Inc., the nation's largest insurer, and Cigna Corp. have agreed to reimburse doctors for online visits.

Other large insurers are expected to follow, experts say.

These new online services, which typically cost the same as a regular office visit, are aimed primarily at those who already have a doctor.

The virtual visits are considered best for follow-up consultations and treatment for minor ailments such as colds and sore throats.

But some specialists, including cardiologists and gynecologists, also see these e-mail visits as ideal for periodic checkups that don't require in-person presence.

"People can wait a long time to get in to see their primary-care doctor and longer for a specialist. ... To have immediate access is huge," said Dr. Melissa Welch, Aetna's medical director for northern California.

"Paying doctors to do more patient care over the Internet is a small but important step in a good direction," said David Cutler, a Harvard University health care economist. "It increases patient access and could significantly improve their satisfaction."

Another Twist In Bizarre Case Of Supreme Court Justice Medina

As reported in the Dallas Morning News, the arson case against the family of Texas Supreme Court justice David Medina just won't go away. Here are excerpts from the latest story:

Six members of the grand jury that indicted a Texas Supreme Court justice and his wife over a house fire have filed a lawsuit so they can speak about evidence in the case.

By law, grand jury proceedings are secret.

But the grand jury members say they want to disclose details they heard to a new grand jury. They also want to defend themselves from accusations alleging they were a "runaway grand jury," said Jeffrey Dorrell, an attorney who served as the group's assistant foreman.

They were part of a grand jury that indicted Texas Supreme Court Justice David Medina last month on a charge of tampering with a document; his wife, Francisca Medina, was indicted on an arson charge.

The charges are related to a June 28 fire that destroyed the Medinas' house in the Houston suburb of Spring.

Hours after the indictment, Harris County District Attorney Chuck Rosenthal dismissed the charges, citing "insufficient evidence."

Mr. Dorrell said he didn't believe the district attorney's office planned to properly investigate the case. Grand jurors had asked the prosecutor to bring them witnesses and evidence, but that never happened, Mr. Dorrell said.

Which Presidential Candidate Is Your Best Match?

This is another of those Web sites that lets you put in your political priorities, and then it tells you which presidential candidate best matches up with your interests. This one is a little better than most because it lets you put extra weight on you most important interests. Check it out.

VoteMatch USA 2008 helps you to determine your preference for one of the candidates taking part in the United States Presidential Primaries.

Answer the statements by clicking on agree, disagree or don't know. You can add extra weight to any statements you find especially important. On a separate screen, you will be able to choose which candidates you would like to include in your results calculation.

The results screen will reveal which candidate you agree with most, and the other candidates will follow in descending order. Below, you can see all the candidates’ opinions and click on them for further explanation.

Friday Fun

Do you love golf? Do you have a job? That's a bad combination. But now you can spend your working hours playing photo-realistic golf on your computer, keeping one eye on the screen and one eye out for the boss.

Visit WorldGolfTour for a stunningly realistic demo game. The site is in beta development now, and play is free. That will probably change at some point soon.

One Reason People Don't Like Personal Injury Lawyers

The Associated Press is running a story about out-of-state lawyers swooping in to the grief stricken town of Port Wentworth, Georgia in an effort to get clients from the sugar refinery explosion that happened there recently. While legal, and probably ethical, this type of vulture advertising is just plain sleazy. It taints all personal injury lawyers. Here are excerpts:

Crews are still working to douse the flames from a sugar refinery explosion, still trying to reach the last of the victims' bodies, yet already the out-of-town lawyers are swooping in.

"If you or a loved one was injured in this explosion, you may have valuable legal rights," reads a come-on from one New York-based firm that snapped up the domain name sugarrefineryexplosion.com.

The plant's owners have lawyers, a Texas attorney notes in a newspaper ad, adding: "Shouldn't you?"

While such solicitations are nothing new following major disasters, many residents in this town of 5,000 and beyond have been disgusted by the audacity of lawyers trying to round up clients before the blaze at the refinery — which continued to burn Wednesday, six days after the blast — could be extinguished and the workers' remains fully recovered.

"It's not in the best taste," said Tim Holbrook, owner of the Deli Mart, a popular eatery in downtown Port Wentworth. "The grieving process has just begun and I think it's very unthoughtful."

Even with the search continuing and the smoke still rising, trial lawyers began trolling for plaintiffs.

Word of the solicitations quickly swept through Georgia's legal community, all the way to the state Capitol.

"I'm a big believer in the First Amendment, but (it doesn't require) good taste — and that's what some lawyers do not have," state Rep. Wendell Willard, an Atlanta attorney, said by phone after taking the well of the state House Wednesday to condemn the ads. "It's unseemly, and it gives us all a bad name."

Chief Justice Leah Ward Sears offered her own warning: "There are strict rules about lawyer solicitation," she told reporters at the State Capitol Wednesday. "Any lawyer that might be doing that, they need to be careful."