Springfield Injury Law Blog

Should I reapply for Social Security Disability benefits or appeal?

Jason Krebs — Wed, 16 May 2012 08:50:46 -0600

Recently I have had a handful of prospective clients who have all said they have been told they should re-apply several times for Social Security disability instead of appealing the decision.

This is not true.

If you are not approved when you first apply, you should not let your application drop and re-file a new claim. Every time you are not found disabled and you do not appeal, it becomes a legal “fact” that you were not disabled as of that decision. This means you will not be able to collect past-due benefits for any time prior to that decision. This will also delay your Medicare eligibility This may also affect the type of benefits to which you are entitled. See my prior post about this issue.

The Krebs Law Firm LLC offers a free case evaluation if you have questions about your Social Security disability claim. Many people may be worried that they do not have the money to pay for a disability attorney, but we only handle Social Security cases on a contingent fee basis. In other words, there is no fee unless we are successful in getting you the benefits that you deserve. If you would like to speak to Jason Krebs and his staff simply call (417) 883-5886 for your free case evaluation or to discuss your appeal today! Do not delay as you only have 60 days to file your appeal or ask for a reconsideration if you live in Kansas, Arkansas or Oklahoma.

How much will my monthly Missouri Social Security Disability payments be?

Jason Krebs — Fri, 04 May 2012 09:00:09 -0600

For disability cases it depends on how much you paid in during your working years. Social Security used to mail annual statements. The statements provide a year by year listing of your earnings and an estimate of your retirement and disability benefits.

As of 2011, the SSA no longer mails out the statement, except to people 60 or over who are still working or not yet receiving benefits. As of May 1, 2012, you can request a statement online.

The Krebs Law Firm LLC offers a free case evaluation if you have questions about your Social Security disability claim. Many people may be worried that they do not have the money to pay for a disability attorney, but we only handle Social Security cases on a contingent fee basis. In other words, there is no fee unless we are successful in getting you the benefits that you deserve. If you would like to speak to Jason Krebs and his staff simply call (417) 883-5886 for your free case evaluation or to discuss your appeal today! Do not delay as you only have 60 days to file your appeal or ask for a reconsideration if you live in Kansas, Arkansas or Oklahoma.

Scapegoating Social Security Claimants

Jason Krebs — Mon, 26 Mar 2012 09:46:59 -0600

There are a lot of misconceptions about Social Security cases, including the facts about the people involved and the process. The Wall Street Journal has recently been running a series of articles highlighting some of these alleged problems using primarily anecdotal evidence.

I urge you to read this article. It is long, but it does highlight the true facts about the real issues related to the social security disability process.

I'm over 50, applied for disability and SSA told me I'm not insured.

Jason Krebs — Fri, 09 Mar 2012 10:42:10 -0600

Something we here a lot of is “I'm over 50, I have not worked for 8-10 years. I just applied recently, was denied and SSA told me I’m not insured.”

When Social Security references a specific date that you were last insured, they are referring to the last point in time that you are considered to qualify to receive Social Security Disability Benefits.

"Date last insured," is applicable to Social Security Disability benefits (SSD) it does not apply to those who are solely applying for Supplemental Security Income (SSI). SSI is harder to get because you must show extremely limited assets and income in addition to proving disability. SSI typically pays less and you will be eligible only for Medicaid not Medicare (more doctors will see you with Medicare). Very often having a working spouse will eliminate a persons ability to qualify financially from SSI regardless of your disabilities.

The general rule of thumb is your date last insured is 5 years after the date you last worked, or had wages paid into the Social Security system. It is important to check with Social Security to find out the exact date you were last insured when filing because you must show you were disabled before that date.

If your date last insured is in the past, it is possible to still apply for and be awarded SSD benefits. In order to do that, you must establish that you were disabled from working prior to that date last insured. This can be considerably more difficult as medical records are lost or destroyed, doctors retire, move or die and frankly judges look harder at someone who waited a long time to apply.

You can find out your date last insured by contacting your Social Security office.

it is because of the difficulty and problems associated with waiting that I always recommend that you should apply once you stop working due to health issues and you expect to be out of work for a year or longer you should apply. It is always best to file an initial application as soon as possible.

What are Social Security Disability claimants doing wrong?

Jason Krebs — Mon, 20 Feb 2012 13:03:14 -0600

1. Not filing an appeal

You only have sixty days to appeal a Social Security Disability denial in Missouri. You have only sixty days to file for reconsideration in Arkansas and Oklahoma. When your reconsideration is denied you only have sixty days to file your appeal as well.

If you miss any of these sixty day deadlines, then you have to file a new initial claim and start the process all over. This can cost you money in a lot of ways, but most importantly you can wait around until you are no longer insured under the disability program leaving you with only having SSI available to you.

SSI is typically a smaller monthly check, Medicaid as opposed to Medicare and in addition to meeting the disability requirements, you must also meet the income and asset guidelines for SSI eligibility.

2. Waiting to file an initial application.

Many people that call my office think that they must be out of work for a year before they can apply for benefits; this is incorrect.

Once a claimant stops working due to health issues and they expect to be out of work for a year or longer they should apply. It is always best to file an initial application as soon as possible.

3. Telling their doctor they are doing better when they are not.

A patient with a condition that as pain that changes daily sees the doctor and tells them everything is fine or they have improved, because they just so happen to be seeing the doctor on one of their good days or they just dont want to complain. Social Security will use this agaisnt you. Instead tell them in detail how you have been feeling. Be specific as to time distace etc. By being specific and explaining to your doctor how your condition varies from day to day you can help to eliminate the phrase in your medical records that can cost you your benefits.

4. Not being truthful with their doctor.

See number 3. But also not telling your doctor about all your symptons and problems due to embarrasment etc.

5. Not heping their disability lawyer prove their case

See my earlier post on the subject.

Possible Missouri Workers Comp changes coming

Jason Krebs — Mon, 20 Feb 2012 10:59:12 -0600

The Springfield News-Leader had an interesting article in the Sunday paper about efforts underway to amend a "loophole" in the workers compensation law.

I urge you to read the article here.

Work Comp is a trade off between the employer and the employee. The employer "trades' arguing liability (as one would have to prove in a car crash or slip and fall) for a limited payments based upon a set criteria of injuries under the Work Comp law. The employee typically must bring a work place injury under these Work Comp laws but will be paid for lost wages, his injuries and have his medical bills paid. This limits the total exposure for the employer. It is much more complicated than it sounds.

The "loophole" the article references related to Robinson v. Hooker is not a loophole at all, but rather an unintended consequences of the 2005 amendments in which the state legislature stripped many workers of their rights. Historically, the Work Comp laws were to be read with a "liberal construction" in favor of coverage under the statute. The Matt Blunt era amendments changed this to a "strict construction" of the Work Comp law. The unintended consequence of strictly construing the law is that if something is not covered under the Work Comp law, the employee may seek damages in civil court under traditional tort theories. This can be much more money for the injured worker than under Work Comp. The insurance lobby is saying "oops maybe we didn't think this through".

This idea of co-workers being sued is something of a red herring on the part of business and insurance interests. Typically, there will be no lawsuit against a co-employee unless there is some insurance coverage available for that employee.

My office represent their clients or their families who were injured or killed on the job in Springfield, Missouri or Branson Missouri and we represent injured individuals and their families throughout Southwest Missouri, including Marshfield, Buffalo, Republic, Rogersville, Lebanon, Strafford, Willard, Battlefield and Highlandville; Mount Vernon, Aurora, Osage Beach, Camdenton and in Greene County, Christian County, Polk County, Dallas County, Webster County, Taney County, Stone County, Lawrence County, Camden County and Laclede County.

The Krebs Law Firm LLC offers a free case evaluation if you have questions about your Social Security disability claim, personal injury or workers compensation claim. Many people may be worried that they do not have the money to pay for a disability attorney, work comp or personal injury lawyer, but we only handle work comp, personal injury and Social Security cases on a contingent fee basis. In other words, there is no fee unless we are successful. If you would like to speak to Jason Krebs and his staff simply call (417) 883-5886 for your free case evaluation or to discuss your Social Security appeal today!

E coli at Springfield Missouri Restaurants?

Jason Krebs — Thu, 16 Feb 2012 14:27:49 -0600

The News Leader is reporting three cases of e coli linked to raw clover sprouts. They report that the Springfield-Greene County Health Department traced the sprouts to three different Jimmy John's locations in the Springfield area. It will be interesting which locations are confirmed. There is one right down the street from my office. Good thing I don't like sprouts.

According to the Center for Disease Control, FDA's traceback investigation is ongoing. Preliminary traceback information has identified a common lot of clover seeds used to grow clover sprouts served at Jimmy John's restaurant locations where ill persons ate. FDA and states conducted a traceback that identified two separate sprouting facilities; both used the same lot of seed to grow clover sprouts served at these Jimmy John's restaurant locations. On February 10, 2012, the seed supplier initiated notification of sprouting facilities that received this lot of clover seed to stop using it. Investigations are ongoing to identify other locations that may have sold clover sprouts grown from this seed lot.

Common questions from KY3 Call a Lawyer Part 4

Jason Krebs — Wed, 15 Feb 2012 14:09:30 -0600

I was recently asked to sit on the Social Security Disability panel for the Springfield Bar Association Call a Lawyer program on KY3 There were some common questions or complaints that I heard several times. I will try to answer some of them over the next few posts.

Q. What can I do to help my case?

A. Hire a disability lawyer and help your disability lawyer.

Q. How can I help my disability lawyer?

A. You must see your medical or mental health professional and document your impairments, limitations and problems. We cannot create evidence for you.

The process will likely take a year or longer but you should not wait.

The moment you no longer have insurance, you need to start looking for free clinics or low cost clinics in your county. Call Jordan Valley Health Clinic or The Kitchen Clinic.

Go to your county health department, they can give you ideas.

File for Missouri Health Net aka Medicaid.

If you have to, go to the Emergency Room.

Ask for free medicine samples.

Get your medical records as you go to the doctor and give them to your disability lawyer. Most doctors and clinics will give them to you for free.

Keep your doctors appointments or physical therapy sessions. Nothing looks worse in your medical records than not showing up for appointments or calling to cancel because you are “too busy”. Judges assume that you are not too sick if you are not trying to get better. If you must reschedule do so immediately when you cancel. Everybody appreciates it and more people will want to help you as opposed to the rude guy who didn’t call in to reschedule

You will more than likely have to go before a judge. If you don’t have treatment, the judge is going to ask why. It’s better to show the judge what you have done to try and get treatment as opposed to saying you haven’t done anything. Our country has a real health care crisis, but you must try to find help. Keep records of your efforts to find treatment, including applications and letters to and from clinics. Give them to your attorney.

Follow your doctors orders. If the doctor tells you to stop smoking, stop smoking. (If you are claiming you cannot afford treatment, but have money to buy cigarettes, the judge may hold it against you. Unfair, yes, but that is the reality.) If your doctors tells you to start exercising do as much as you can. Stop taking illegal drugs. If your doctor tells you to lose weight, you need to try to lose weight.

Judges like to see effort on your part to get better or continue to work. Lack of effort can hurt your disability case. if you think you can work, you should try. One or more unsuccessful work attempts may help your case. If you try but simply cannot meet attendance requirements, the judge may conclude that you really cannot work even though you are trying your best to fight the idea of disability. Generally, a work attempt that lasts less than three (3) months is considered unsuccessful, so if your work record shows two work attempts lasting 4 to 6 weeks each, you will most likely not hurt your case. You should also keep your monthly wages below $1,010.

If your disability claim has been denied by Social Security, you can get a free Social Security Disability claim consultation from The Krebs Law Firm LLC. You have a very short 60 day deadline to file your appeal, so do not delay in contacting a disability lawyer as soon as possible.

Common Complaint #3 heard during KY3 Call a Lawyer

Jason Krebs — Thu, 09 Feb 2012 09:24:50 -0600

I was asked to sit on the Springfield Bar Association Call a Lawyer program on KY3.There were some common questions or complaints that I heard several times. I will try to answer some of them over the next few posts.

I heard several combinations of the following:

My______________(cousin, friend, neighbor, etc). got benefits, but there is nothing wrong with him or her.

My _____________(cousin, friend, neighbor, etc) got benefits a lot faster than my case is taking.

They didn't have to go to a hearing.

Their wait for a hearing was a lot faster than mine is taking.

My lawyer is slowing down my claim.

A lot of people who receive social security benefits have severe conditions that others cannot see or they do not tell others about. It is likely that they, too, had to fight or their benefits.

Every claim and claimant is different. You should focus your efforts on your own claim and what you need to do to be successful on appeal.

Your friend, relative or neighbor probably has no idea about the problems you face.

Contrary to what some claim, they cannot "cut the line" for you nor do they "have an inside source at the ODAR office" that gets their cases heard faster.

Likewise your attorney cannot slow down your claim either. (unless a continuance is requested from a set hearing date. Social Security will send you notice of this in the mail.)

Common Questions from KY3 Call a Lawyer Part 3

Jason Krebs — Mon, 06 Feb 2012 11:20:29 -0600

To appeal a denial, should I just file a new application?

A. No. If you are in Missouri you should contact a social security disability attorney immediately to file an appeal or a file reconsideration in Arkansas or Oklahoma. A new application will most likely be denied for the same reason as the last. Statistically, most claimants are awarded only after being heard by an administrative law judge. Your claim will never get before a judge if you keep filing new applications. In fact you can destroy your claim by refiling because if you wait too long you will no longer be insured under the Social Security rules.

Call 417 883-5886 for a free consultation regarding your disability claim the day you receive your denial. Do not put it aside to take care of later, you have a limited time to file your appeal or reconsideration.

Common Questions from KY3 Call a Lawyer Part 2

Jason Krebs — Thu, 26 Jan 2012 13:25:05 -0600

Common Question #2

Should I apply for disability benefits?

A. Yes if you have a medical condition that is severe enough to prevent you from working and earning over $1,010 a month and is expected to keep you from working for a period of at least 12 continuous months, then you should apply right away. You do not have to wait a year to apply.

Common complaint #2 heard during KY3 Call a Lawyer

Jason Krebs — Wed, 25 Jan 2012 11:51:09 -0600

I heard several combinations of the following:

I hired __________(big local or national disability firm) and I can't talk to my lawyer,
or

I have had __ # of lawyers in the last year with the _______ firm
or

The guy in the ad is not my lawyer, I've never met him.

Unfortunately while people are represented by an attorney, other lawyers should not give you advice. This is an ethical issue for the 2nd attorney. The only thing I can tell them is keep calling until you get a response or go sit in their waiting room. Calling other lawyers to ask questions related to your current lawyer or to interpret documents from your case is not appropriate.

The alternative is to fire the attorney and make another choice for your disability lawyer. This will not delay your case as some like to suggest, assuming you do not already have a hearing date and your new attorney needs a continuance to get your file together. It should not cost you additional money either. All attorney fees are approved by the judge. You may be responsible for some expenses regardless for medical records etc. The question you must ask yourself is "Do I feel comfortable with where I am now?

Please understand that not hearing from your lawyer should not be confused with not getting the answer you want to hear. Good attorneys will honestly discuss the weak points of your case. You should not take insult from this or feel your attorney " is not fighting" for you.

Common complaints heard during KY3 Call a Lawyer

Jason Krebs — Tue, 24 Jan 2012 13:07:20 -0600

I was asked to sit on the Social Security Disability panel for the Springfield Bar Association Call a Lawyer program on KY3.There were some common questions or complaints that I heard several times. I will try to answer some of them over the next few posts.

Common Complaint #1

"I had my hearing several months ago and still don't have a ruling. My attorney isn't doing anything about it."

There is very little your attorney can do to speed this up. Many judges write their own opinions or make numerous revisions to opinions written by SSA opinion decision writers. Wait times of 90 days are not uncommon. Some judges may send you out for additional consultive exams. Some judges are just slower than others.

Common questions from KY3 Call a Lawyer Part 1

Jason Krebs — Tue, 24 Jan 2012 11:37:08 -0600

Last week I was asked to sit on the Social Security Disability panel for the Springfield Bar Association Call a Lawyer program on KY3. I was really surprised at the call volume we received given that most social security disability lawyers offer a free consultation. The phone rang off the hook. In an hour and a half I personally probably handled 20-25 calls.

There were some common questions or complaints that I heard several times. I will try to answer some of them over the next few posts.

Common question #1

Where do I apply for disability benefits?

A. The best way to file a Social Security disability claim is to go to the nearest Social Security office in person and wait (often for a few hours) to see someone to file the claim in person.

In the alternative, a person may contact Social Security by telephone at (800) 772-1213 and arrange for a telephone interview to file the claim.

You may also apply on line at www.ssa.gov.

Missouri Social Security Offices
Springfield: 1570 E. Battlefield, Springfield, MO 1877-850-7824
Columbia: 803 Gray Oak Drive, Columbia, MO 1866-563-9108
Joplin: 4102 S. Arizona Drive, Joplin, MO 18696-964-7421
Lake of the Ozarks: 129 Scott Station Road, Jefferson City, MO 1877-405-9803
Lebanon: 2546 S. Jefferson Avenue, Lebanon, MO 1866-931-7104
Rolla: 1813 E. 10th Street, Rolla, MO 1573-364-8060
West Plains: 1612 Imperial Drive, West Plains, MO 1866-614-2741

For Arkansas click here

For Oklahoma click here

What to Expect from a Social Security Disability Hearing

Jason Krebs — Mon, 04 Apr 2011 03:29:56 -0600

Many of my clients coming to my office are very nervous about the Social Security Disability appeals hearing. Typically this is because the only legal proceedings they have seen have been on TV. While there are many great lawyer TV shows (any many bad ones) these programs don’t represent what a Social Security appeals hearing will look like.

The hearing is conducted around a long table in a room that is fairly small. There is not a fancy courtroom like you may see on Law and Order. The Administrative Law Judge (ALJ) will be seated at one of the tables behind a raised podium also called the “bench”. You, as the claimant, will be in the room along with your disability lawyer and a court reporter to record the proceedings.

Additionally, an expert on jobs in the national economy will be there at the request of the Judge. This person is a vocational expert, or VE. The VE will provide an overview of the types of work you have performed over the past fifteen years based on the submitted work history.

The Judge will also ask the VE to determine what jobs you could now do based on various limitations. This is done by the Judge asking hypothetical questions to the VE about a person with similar work history as yours and various physical and or mental limitations. Your attorney will also have the opportunity to ask the VE questions regarding his or her findings about your work history and future employment options.

In most instances, there will not be direct medical testimony from a doctor at the hearing, but only the use of filed medical records. Typically, other family members will not be allowed during the hearing, although in some instances another person may be called in briefly to the hearing to act as a health witness to discuss your health and physical or mental limitations.

A valuable disability attorney will review the appeals process with you in more detail and help you understand what questions may be asked of you. (Please see the earlier post regarding preparation for a Social Security Disability hearing.) If you are not receiving adequate attention from your disability attorney, you may want to reconsider your selection. The Krebs Law Firm, The Springfield Disability Attorney, focuses on providing personal attention to its disability clients.

The Springfield, Missouri Office of Disability Adjudication and Review (ODAR) is currently in the process of moving to a new location; however, I have been told the hearing rooms will be similar to the current arrangement that is described above.

When You Meet Your Social Security Disability Lawyer Matters

Jason Krebs — Sun, 20 Mar 2011 22:03:36 -0600

Recently I was at the local Social Security Appeals office and saw once again a disability lawyer from a high volume disability law practice meet his client for the first time just minutes before the appeal hearing. How can a lawyer meeting a client for the first time 10 minutes before the hearing prepare that person for their testimony? If you go to your initial free consultation and don’t meet your attorney, or only briefly meet your attorney before being handed off to office staff, this may happen to you.

My approach is much different. I always schedule a face to face meeting with my disability clients in my office prior to his/her Social Security disability hearing. Usually, I try to meet several times prior to the actual hearing date to discuss the hearing procedures and to practice answering the questions that are likely going to be asked. This is not a rehearsal or attempt to get “canned” answers, but rather to get my clients to understand the hearing procedure so they know what to expect and are not overwhelmed with the process.

Few people are comfortable in front of strangers talking about a disability and the difficulties it causes in daily life and in finding and keeping a job. It can definitely help your case to have an attorney explain what may happen at the hearing in advance so you are more prepared to give complete and informative answers.

Every judge has his or her own style of conducting hearings. Some judges rely more on the attorney to ask the questions, while some judges ask the bulk of the questions themselves. Regardless of whether the judge or your disability attorney asks the questions, there is certain information that every claimant should know and be able to discuss clearly and accurately.

For example, a question to you could be, "How far can you walk?" The wrong answer, but if you are not prepared, a likely answer is "I have never really thought about it – I just don't know." The right type of answer is "I can walk to my mailbox, which is about 20 yards. Because of the pain in my back, I have to stop and lean against a wall for about 5 minutes before I can walk back. I always walk with a cane because I am unsteady on my feet."

Your attorney should help you prepare this information and if he or she does not, it can hurt the outcome of your disability claim. Be sure you receive personal attention from your attorney. Ask questions about the hearing and what you should prepare.

If you are unsure if your attorney knows your name or could recognize you at the grocery store, please call Jason Krebs of the Krebs Law Firm for a personal approach to your disability case that ensures you are prepared and educated on the process.

Disability Benefits for Missourians Over the Age of 50

Jason Krebs — Thu, 30 Dec 2010 16:17:17 -0600

Your age does matter when it comes to social security disability claims. For disability claimants older than the age of 50, the social security regulations recognize that its hard for an “old dog to learn new tricks” and as we age it gets harder to learn the skills needed to work a new job. Yet many Southwest Missouri workers older than 50 are denied disability benefits despite a lifetime of paying into the Social Security system. This can be particularly frustrating to Missouri workers who have proven their integrity and character through their years of honest work.

The Social Security Administration has special rules for claimants over 50. Further, there is a better chance for an attorney to obtain an "on the record” (i.e. without a hearing) decision when a claimant is over 50 and can no longer do the sort of work he or she did in the past.

If you are over 50 years old and are limited to unskilled sedentary work, Social Security will presume that you are unable to transition to other work due to your age. This can make a huge difference for your claim. A person limited to unskilled sedentary work may lose his or her disability claim at age 48, but will win it at age 50.

At age 55, it gets a little easier for the claimant. A claimant limited to unskilled light exertion work is presumed to be unable to transition to other work.

Social Security Disability Filing Mistakes

Jason Krebs — Sat, 20 Nov 2010 07:49:48 -0600

Social Security pays benefits to people who cannot work because they have a medical condition that is expected to last at least one year or result in death. Federal law requires this very strict definition of disability.

One of the main things that the Springfield Missouri Social Security Office will look at in addition to the medical and/or mental conditions is the claimant's Past Relevant Work. Past Relevant Work are the jobs the claimant had for the 15 years prior to the application. The reviewers at the Springfield Social Security Field Office will review these jobs to see if you could still do the easiest job in your Past Relevant Work history and what, if any, transferable skills you may have acquired.

This part of the application is very important because it gives you the claimant the opportunity to define what exactly their jobs have been. The problem I see in many SSDI appeals that I handle is the claimant treated this as a "job application" and tried to make their jobs sound as important as possible. For example the fact that your job had the word "manager" in the title does not mean the your actual job duties would qualify as having management functions under the Dictionary of Occupational Titles, which the Social Security Administration uses to define jobs.

There are a numerous of problems with the Dictionary of Occupational Titles that are far too extensive for this discussion. One main problem is that many jobs are hard to define on paper. Essentially you are trying to put a round peg in a square hole. Regardless, these are the rules that claimants and Social Security Disability Lawyers must operate under.

Were you doing a lot of lifting as the manager or foreman? Was your job essentially the same as everyone else that you oversaw? Did you hire and fire other employees? Maybe you were not actually a manager. It is important to discuss the physical aspects of the job on the application.

Other mistakes I see:

Overestimating or Underestimating the amounts you frequently lifted as part of the job.

Not listing physical demands of a job that may appear fairly sedentary.

Underestimating the amount of time each day you stand.

Underestimating the amount of time each day you are reaching.

Most initial claims will still be denied, however you will have helped you appeal by being as accurate and consistent as possible from the early part of your SSD claim.

For additional help after a claim has been denied feel free to contact my office. It does not cost you anything to call and schedule an appointment with The Krebs Law Firm LLC to discuss your Social Security Disability Appeal. If I agree to represent you fees are only paid under the Fee Agreement System of the Social Security Administration when you win your case and get paid.

Springfield, MO Named a Bronze Level Bicycle Friendly Community

Jason Krebs — Mon, 24 May 2010 09:19:46 -0600

The League of American Bicyclists recently recognized Springfield, Missouri with a Bronze Level award for encouraging citizens to ride bicycles for fun and transportation. While this isn't a declaration that all is safe to ride your bike anywhere in town, it is a start and not something bestowed on just every town. I reviewed the application submitted for the award and was excited to see areas slated for improvement that could reduce bicycle accidents in Springfield

Springfield's total road network is reported at 1000 miles with 14 miles of total shared-use paths. So 1.4% gives us a lot of room to grow. I was encouraged to see that although we have just 4 current bike lanes, 130 were planned. Additionally, only 15 paved shared use paths exist today, but 60 are planned. As far as safety for the average cyclist, a shared use path is the best option to preventing bicycle accidents. A bicycle lane is just a portion of the roadway marked for exclusive use by bicyclists, but a shared use path is defined by the League of American Bicyclists as a "bikeway outside the traveled way and physically separated from motorized vehicular traffic by an open space or barrier and either within the highway right-of-way or within an independent alignment." The more separation between a bicyclist and a car, the safer the cyclist will be.

Naturally, Springfield, nor many other cities, can support avid cyclists need for mileage on four shared use paths, so please be careful out there. A "bike friendly" stamp of any color--bronze, gold or purple--it isn't going to keep you safe from an encounter with a car, nor will it prevent a bad or distracted driver from hitting you. If you do have the misfortune of being on the more unfriendly side of cycling in Springfield and get injured in a bicycle accident, please give me a call. As both a lawyer and a dedicated cyclist, I can help.

Read the full press release here: http://www.ozarkstransportation.org/NewsandPress/START-BFCPressRelease.pdf

How a Lawyer Can Help After a Car Accident - Part Two

Jason Krebs — Tue, 27 Apr 2010 07:33:32 -0600

In Part One of this series about how a lawyer can help after a car accident, I covered one concern people have--that it may look like they are not knowledgeable enough or basically, the "How hard can it be" mindset. I countered that an accident attorney can navigate the insurance company roadblocks for you and possibly increase the compensation you could receive for your injuries.

Now I want to cover another reason I hear from people as to why they are apprehensive about contacting a personal injury lawyer--They don't want to look like they are chasing money or are greedy. To this I say, that is definitely NOT what hiring a lawyer after an accident is all about.

First, if you are hurt in a car accident, the other driver who may have caused the accident is likely not going to have to write you a check for any damages. Don't feel bad for that poor high school kid or sweet old lady who was so upset after hitting your car. Who pays in an accident is the insurance company. Think AIG, Shelter Insurance, Allstate, and Progressive and not the sweet old lady. This is why Missouri law requires drivers to carry auto insurance and this is the purpose for having auto insurance.

After you are hurt in a car accident, you can have a lot of new expenses. We all know health care is very costly. Even if you are fortunate to have health insurance, there are deductibles and uncovered procedures. You will certainly have repairs to your car and maybe even a temporary rental car while yours is in the shop. You may have missed work while in the hospital without sick days or vacation days (or after you used those) and you had no income. Extra therapy may be required for your recovery that your health insurance won't cover, or you have to take unpaid time off work for therapy since you may have used all your sick days and vacation time. Additionally, you may be injured so that you cannot work the same job or enjoy the same activities. Lastly, there may be future medical expenses do to the long term effects of your injuries. These are all costs that you are now paying as the result of a car accident that was not your fault (or at least not 100% your fault).

It is not definitely not selfish to ask that the responsible party's insurance company pay for these unexpected expenses and even for your related pain and suffering. No sane person would willing choose to be involved in a serious car accident just for the money. It is too disruptive to your life, your family, your goals and causes too much uncertainty for your future.

As a car accident lawyer, I turn down clients every day who are just trying to make a claim for the money. They usually don't have a case and even if they do, it certainly isn't a case I want. If you are hurt from a car accident, call an experienced lawyer for help. Get an expert to do the work for you and help you maximize your claim. Don't worry about looking like you can't do it yourself or looking like a a gold digger. Instead, worry about getting your life back.