Expert Advocacy

After Killer Whale Accident, Trainers May Have to Stay on Land

In an Orlando, Florida case involving the death of a trainer working with killer whales at SeaWorld, an administrative law judge recently ruled that the U.S. Occupational Safety and Health Administration (OSHA) could require the use of barriers between trainers and whales, according to a recent news report from CBS Los Angeles. The ruling may change how trainers and whales work together at aquatic theme parks and museums throughout the country, including California.

The subject of the hearing was a 2010 fatal drowning accident at SeaWorld in Orlando, where a 40-year-old trainer lost her life when a 22-foot-long orca grabbed her ponytail in his jaws and pulled her into the tank. She suffered drowning and blunt force trauma to her head, neck, and upper body, which proved fatal.

OSHA charged SeaWorld with a “willful” violation of safety regulations and levied a $75,000 fine. During the recent hearing, the judge reduced the violation from “willful” to “serious,” noting that SeaWorld did have safety measures in place.

However, the judge also ruled that it was “feasible” to require trainers to stay behind a barrier when working with whales and other animals in order to prevent accidents such as the 2010 death. OSHA is expected to begin requiring these barriers, effectively ending shows in which trainers and animals work in close contact.

Workplace injuries can occur both in high-profile jobs like theme park attractions and in everyday workplaces. If you’ve been injured on the job in southern California, the knowledgeable San Diego workplace injury lawyers can help. Contact us today for a free, confidential consultation.…

Escondido Construction Worker Killed in Chula Vista Construction Accident

Last Thursday, a construction worker was killed in Chula Vista when a wall fell crushing him to death. The wall was to a building being demolished to make room for Unified Port of San Diego convention and hotel area.

On Sunday, the worker was identified as Austin Sawicki of Escondido.

We are saddened to hear of Mr. Sawicki’s passing and give our sympathy to his family.…

San Diego Woman Seriously Injured After Falling from Encinitas Bluff

An unidentified woman in her 20s is currently in critical condition after falling nearly 100 feet down a cliff. The woman was a house guest at a blufftop home in Encinitas when she took the fall around 11 p.m., which left her with serious trauma to her back and head. The injury was reported as happening at a home on Neptune Avenue near Roseta Street, according to Encinitas Marine Safety Captain Larry Giles.

The woman suffering the San Diego County fall injury had been in a hot tub before she got out and walked to a hammock in the backyard, however, took a few steps too far and slipped off the cliff and ended up on the beach, about a half-mile north of Moonlight Beach. Alcohol was involved in her incident. When rescuers arrived she had no mobility and could not feel her lower extremities. She was taken by helicopter to a La Jolla hospital.…

Escondido Construction Worker Killed in Chula Vista Construction Accident

Last Thursday, a construction worker was killed in Chula Vista when a wall fell crushing him to death. The wall was to a building being demolished to make room for Unified Port of San Diego convention and hotel area.

On Sunday, the worker was identified as Austin Sawicki of Escondido.

We are saddened to hear of Mr. Sawicki’s passing and give our sympathy to his family.…

Help Available for San Diego Wildfire Victims

The October 2007 San Diego Wildfires were a scary time for most of the region as wildfires raged and traveled great distances carried by powerful Santa Ana winds. It was, we believed, a horribly tragic natural catastrophe.

Now, there is significant evidence that two of these fires–the Witch Creek and Rice Canyon fires–may have been caused by defective SDG&E power lines. Several investigators and witnesses observed SDG&E personnel making repairs immediately following the fires.

If faulty or defective SDG&E power lines did cause these fires, the victims deserve compensation to rebuild their lost homes and to get back on their feet. Luckily, a group of dedicated and prominent trial lawyers has teamed up to help. Their website, SDWildfireHelp.com, provides information for victims and allows them to obtain legal advice.

If you or your loved ones were victims of the Witch Creek or Rice Canyon fires, please visit their website.…

San Diego Social Security Benefits Lawyers

Social Security is a form of social insurance that protects individuals and families from financial hardships. Situations that affect a person’s ability to provide for himself and his family include retirement, death, disability, or any other physical or mental impairment. To ensure that money is available for beneficiaries, a claim must be made and specific criteria must be met.

The San Diego social security disability attorneys take on Social Security claims every year. We have been representing Social Security clients for several years and we can help you and your friends and family if they ever suffer from a physical or mental impairment.

Filing for Social Security Disability (SSD) or Supplemental Security Income (SSI) Can be a Daunting Process, but the San Diego Lawyers Will Focus on Getting You the Benefits You Need and Deserve.

Every year, thousands of San Diego residents become eligible for Social Security Disability (SSD) benefits.  However, most are initially denied their SSD benefits when they apply to the Social Security Administration.  The experienced and skilled SSD/SSI appeals attorneys can help if you are denied your Social Security Disability benefits.

What is Social Security?

Social Security is a form of social insurance that protects individuals and families from financial hardships. Situations that affect a person’s ability to provide for himself and his family include retirement, death, disability, or any other physical or mental impairment.     

The Social Security Administration (SSA) offers several types of benefits:    

• Retirement Benefits 
• Survivor’s Benefits
• Disability Insurance Benefits
• Supplemental Security income

There are other financial and health care benefits that are offered through Social Security.  However, these are some of the most relevant ones.    

Retirement Benefits

Retirement benefits are available to those who have paid enough Social Security taxes (through income withholding) to be fully-insured for retirement benefits.  You are eligible to receive full retirement benefits when you have reached full retirement age.  The full retirement age used to be 65, but is now rising.  

Survivor Benefits

Survivor benefits are available to direct relatives of deceased workers if those deceased workers have paid enough money into Social Security to be insured for retirement and survivors’ benefits.            

Disability Insurance Benefits

Disability Insurance was designed to provide disabled workers with income.  

How do prove that you are disabled?

• You have a physical or mental impairment that can be shown through medical evidence.
• You are unable to do ANY sort of work, not just your own past work, on a full-time basis.  (There are limited exceptions to this rule, depending on your age, education, and transferable skills.)
• You are unable to work for 12 consecutive months or more at a level of substantial gainful activity (In 2008, this means you are unable to earn more than $940 per month).

Unlike an auto accident or a worker’s compensation claim, a Social Security Disability benefits claim includes a person’s entire life history, meaning it will take into account any physical injury you have sustained, but also any unrelated, pre-existing medical conditions, education level, skill level, and psychiatric conditions.   

What is Considered a Disabling Condition for Social Security Benefits?

• Arthritis
• Bipolar Disorder
• Central Nervous System Vascular Accident (or stroke)
• Congestive Heart Failure
• Disorders of the Spine
• Epilepsy
• Multiple Sclerosis
• Peripheral Arterial Disease

This is not an exhaustive list, but if you suffer from any of these symptoms, be sure to seek medical attention immediately and consult with a San Diego Social Security attorney. And remember, you can receive disability benefits even though you have been able to return to work.

Supplemental Security Income

Supplemental Security Income (SSI) is a program designed to provide financial assistance to those who are ineligible for Disability Insurance Benefits or who are only eligible for a small amount, but who are nevertheless unable to work due to a physical or mental impairment, and who have very limited income and financial resources.   In order to be eligible to receive these benefits, your household income must be very low and the value of your total assets (not including your house or car) must not exceed $2,000 if you are single or $3,000 if you are married. You must also prove that you are disabled.    

Find an Experienced Social Security Attorney

Choosing a Social Security attorney is no easy task.  Many attorneys claim to be Social Security lawyers, but they don’t have the experience that we have.  Our lawyers are experienced and have successfully prosecuted the interests of our clients before the Social Security Administration appeals hearing.  If you or a loved one has been denied your Social Security benefits, contact the Disability Help Group for a free consultation.…

San Diego Workers Compensation Attorney

If you are a San Diego resident that has been injured on the job, you deserve to get full coverage of your medical costs and lost wages, right? WRONG. Recent changes in the California Workers Compensation Act now limit the scope and depth of your benefits.

Though the act protects workers and guarantees them compensation without having to go through the time-consuming and costly court system, many injured victims will still have to battle it out with their employers and workers compensation insurers. It is best to have an experienced and capable San Diego workers compensation attorney by your side to handle this dispute and get the money you need and deserve. Contact us for a free consultation.…

San Diego Supplemental Security Income Lawyers

Every year, hundreds of mentally or physically impaired San Diego County residents reach a point in their lives when they can no longer provide for themselves or their families. Though they may not have paid enough Social Security taxes through income withholding, their household income meets the Supplemental Security Income (SSI) limits. However, out of the 10 that apply, approximately seven will initially get rejected.

Fortunately, the experienced Supplemental Security Income (SSI) lawyers can make this process go quickly and smoothly. Our attorneys are work for your best interest and will get you the benefits you need and deserve. Contact us to schedule your free consultation.

Filing for Supplemental Security Income (SSI) Can be a Long and Drawn-Out Process, but the San Diego Lawyers Will Focus on Getting You the Benefits You Need and Deserve.

Supplemental Security Income (SSI) is a needs-based program, funded by general tax revenues, that provides those who have little to no income, and who are blind, elderly, or disabled to receive monthly benefit payments from the Social Security Administration to cover basic necessities such as food, shelter, and clothing.

What makes you eligible for SSI?

• Your household income meets the SSI income limits. Your household income and value of your assets (not including your house and car) is less than $2,000 if you are single or $3,000 if you are married. 
• You are unable to work for 12 consecutive months or more at a level of substantial gainful activity and cannot earn more than $1,000 a month. 
• You have a physical or mental impairment that can be shown through medical evidence.
• You are unable to do ANY sort of work, not just your own past work, on a full-time basis. (There are limited exceptions to this rule, depending on your age, education, and transferable skills.)

You can also use the Benefit Eligibility Screening Tool on the Social Security Administration (SSA) website to find out if you are eligible.

NOTE: SSI is also available to children with medical conditions that the SSA consider disabilities. To determine the monthly payments, the bureau looks at the parents’ income. 

How Do I Apply For Supplemental Security Income (SSI)?

To apply for SSI benefits, contact your local Social Security Office and state that you wish to file an application.  There are three ways that you can do this:

• File for disability online,
• Call the Social Security office to set up an appointment to apply
• Walk into the Social Security office without an appointment

You should apply for SSI AS SOON AS POSSIBLE. If you wait too long, you may lose your benefits. Also, the SSA does not pay for periods earlier than your application effective date. The process of filing can take several months.

How Much Will I Receive?

The amount of your SSI benefit depends on the amount of your household income and on which state you live in. Though, the basic SSI payment is the same nationwide. If your household income rises, your SSI entitlement will decrease. 

Effective January 2009 through 2010, the basic SSI payment for an eligible individual was $674 per month and $1,011 per month for an eligible couple.

Fortunately, the state of California adds money to the basic SSI payment. Your monthly payment will include the federal SSI payment and the supplement from California.

The Social Security Administration (SSA) Denied My Claim. Can I appeal?

YES. The SSA denies approximately 75% of claims every year. Many applicants simply give up after making their initial claim. DON’T GIVE UP. With an experienced social security attorney by your side, you may still be able to get your claim approved.

Find an Experienced Supplemental Security Income (SSI) Lawyer

Filing an SSI claim can be a confusing and lengthy process. In addition, there is a high probability that the claim will be denied. Fortunately, the experienced Supplemental Security Income (SSI) lawyers can make this process go quickly and smoothly. Disability Help Group attorneys will work hard  to get you the benefits you need and deserve. Contact us to schedule your free consultation.…

San Diego Work Injury Attorney

Different jobs carry different risks. It can be as safe as sitting in an air-conditioned office behind a computer or as dangerous as doing construction on the roof of a 30-story open-aired building, being thrashed by a storm.

It is your employer’s responsibility to keep you safe on the job or cover your expenses if you get injured. Though the California Workers Compensation Act limits the types of benefits you can receive, you may still be able to pursue a personal injury lawsuit depending on the situation. This system can overlap and become very complicated. With an experienced San Diego work injury attorney by your side, you can get the most from your accident.

It is Your Employer’s Responsibility to Keep You Safe on the Job or Cover Your Expenses if you Get Injured. In Addition, Other Drivers and Employees of Other Businesses May Also be Responsible for Your Injuries. Filing a Claim can be Difficult. An Experienced Attorney Can Help.

Thousands of Americans and residents of San Diego are hurt in work-related accidents every year. In a 2009 report by the Bureau of Labor Statistics, approximately 3.3 million injuries were reported, and more than half were construction workers. Recent changes in laws governing employees in California have restricted the types of reparation available to injured victims. 

Depending on the circumstances of the incident, injured employees may be entitled to benefits from a worker’s compensation claim, personal injury lawsuit, or both.   

Workers Compensation 

The California Workers Compensation Act states that businesses in San Diego are held liable if an employee is injured on the job and must provide medical compensation and income replacement.   

However, this system is a double-edged sword. Though employees do not have to prove fault to get compensation from their employers, the insurance coverage that they do get often does not provide enough benefits for injured workers.     

Personal Injury – Third-Party Damages  

However, in many situations, injured workers can pursue both a worker’s compensation claim and a lawsuit against a responsible third-party responsible, if it is not the employer.   

For example, if an employee is injured is hit on the job while driving a company car, the injured employee may be entitled to a personal injury lawsuit against the driver of the other vehicle. While pursuing this claim, he is still able to receive benefits through his employer’s workers compensation insurance. Pursuing a third-party claim can result in added compensation to the injured worker. 

This is a problematic situation because the compensation that an employee receives from a third-party claim may negate a portion of the benefits from the workers compensation insurance.   

Contact a Work Injury Attorney  

With an experienced and capable San Diego work injury lawyer by your side, these issues can be resolved. Our attorneys will get the maximum amount of money for you to pay for the damages inflicted on you by the work accident and resolve issues between the third party, employer, and you.…

San Diego Social Security Disability Lawyers

Every year, hundreds of San Diego County residents suffer a condition that prevents them from being able to work and provide for themselves and their families. The process from filing to receiving a response can take months. Roughly 7 out of 10 applicants are initially denied, even though they have paid enough money in their Social Security taxes and can prove that they are disabled.

Fortunately, the expert Social Security Disability lawyers can make this process go quickly and smoothly. Our attorneys are work for your best interest and will get you the benefits you need and deserve. Contact us to schedule your free consultation.

The Process of Filing an SSD Claim Can Be Long and Complicated. The Experienced San Diego SSD Lawyers Will Work For Your Best Interest and Get You the Benefits You Need and Deserve.

Social Security Disability (SSD) Insurance is a federal program that pays income replacement benefits to those who are unable to earn a living because of a severe physical or mental impairment. Disability benefits are available to those who have paid enough Social Security taxes, through income withholding, and can prove that they are disabled. Disability benefits are payable to blind or disabled workers, widow(er)s, or adults disabled since childhood, who are otherwise eligible.

What makes you eligible for SSD?

• Whether you have enough work credits to qualify for disability benefits
• You have a physical or mental impairment that can be shown through medical evidence
• You are unable to do ANY sort of work, not just your own past work, on a full-time basis. (There are limited exceptions to this rule, depending on your age, education, and transferable skills.)
• You are unable to work for 12 consecutive months or more at a level of substantial gainful activity (In 2008, this means you are unable to earn more than $940 per month).

As a general rule, you probably have enough work credits to qualify for SSD if you worked for five out of the last 10 years. 

When and How Do I Apply For Social Security Disability (SSD)?

You should apply as soon as possible after you find out your medical condition will last 12 months or longer and prevents you from returning to work.

To apply for SSD benefits, contact your local Social Security Office and state that you wish to file an application. There are three ways that you can do this.

• File for disability online,
• Call the Social Security office to set up an appointment to apply
• Walk into the Social Security office without an appointment

You should apply for SSD AS SOON AS POSSIBLE. If you wait too long, you may lose your benefits. Also, the SSA does not pay for periods earlier than your application effective date. The process of filing can take several months.

How Much Will I Receive?

The amount of your SSD benefit is based on your lifetime average earnings covered by Social Security. The bureau looks at how long and how much you have paid into the Social Security system. If you don’t have an estimate, you can use the Benefits Calculator listed on the SSA website. 

The Social Security Administration (SSA) Denied My Claim. Can I Appeal?

YES. The SSA denies approximately 75% of claims every year. Many applicants simply give up after making their initial claim. DON’T GIVE UP. With an experienced social security attorney by your side, you may still be able to get your claim approved. 

I Was Just Approved for SSD. When do My Benefits Start?

If you have been approved, your first Social Security benefit will be paid for the sixth full month after the date the SSA finds that your disability began. If your condition improves and you are able to return to work, you are still able to receive benefits for the time that you were unable to work if it exceeds 12 months. This is called a “closed period of disability.”

Filing an SSD claim can be a confusing and lengthy process. In addition, there is a high probability that the claim will be denied. Fortunately, the experienced Social Security Disability lawyers can make this process go quickly and smoothly. Our attorneys are working for your best interest and will get you the benefits you need and deserve. Contact our law office to schedule your free consultation.…