Kil Mallock Online

A Wizard on the Web

Why We Still Have Fraud

Posted By on Nov 8, 2017

I’m always astounded by how much fraud we simply let slide in our everyday life. I think a lot of people assume that if there was fraud going on in front of them, they’d call it out. But then, those same people probably picture fraud as some sort of money laundering scheme taking place right before their eyes, with money changing hands between big, intimidating men who chuckle and wink to one another.

Even at that, I suspect a lot more people would keep quiet than you’d expect. Who wants to mess with big, intimidating guys with lots of money? Not me.

The thing is, most of us are never going to see such overt, cartoonish fraud taking place. Those cases are usually isolated in areas that are not frequented by most of us. I also don’t think they actually take place like that anywhere but in gangster movies.

Real fraud, though, happens all the time. It takes place on a big level on Wall Street regularly. There are rich people in offices dreaming up fraud schemes that are just on the right side of the law. No one stops them. Even when they cross that line into illegality, it’s rare someone steps up and fights them on it. It’s rarer still the government steps in on its own.

Even more amazing, most of us deal with fraud on a regular basis and do nothing about it. Think of the spam emails you receive, the robocalls that are clear scams. It’s rarer these days, but many of us also receive clear bank and mail fraud scams. What do we all do when we encounter these things? We delete the email, we hang up the phone and block the number, we tear up the letter and throw it in the trash. In short, we make sure we’re protected from the fraud, but we leave everyone else exposed.

These schemes wouldn’t exist if no one ever lost money to them. At heart, we all know that, but when we come across these scams, we don’t do anything. Why is that? It would be quite easy to get hold of some local government official and complain. We could notify lawyers or look up what office of the federal government deals with these issues. We could talk to journalists or write letters to the editor in local papers. There’s a great deal we could do, but we don’t do it.

And since we don’t do it, for no other reason than disinterest and laziness, as far as I can tell, how can any of us be certain we’d do anything if we saw those big tough guys winking and passing money around? After all, those guys are still out there, at the end of the phone line or writing up those emails and letters. We just don’t see them in person. But seen or not, I don’t think we actually care enough.

Which is why there’s still so much fraud in our system, and it’s doomed to stay there forever.

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Long-Term Disability Lawsuits

Posted By on Aug 9, 2017

You have already applied for long-term disability benefits, and you were denied. So you appealed the denial and were once again unsuccessful. The next step you can take is a lawsuit. With the help of an attorney, this lawsuit can help you receive your long-term disability benefits. In 2016 Reliance Standard Life Insurance Company faced a lawsuit in which the insurance company denied the claimant benefits for a pre-existing conditioning. In the case titled “Okuno V. Reliance Standard Life Insurance Company”, the verdict was decided in the United States Court of Appeals in the sixth circuit.

Patti Okuno had been diagnosed with fibromyalgia and degenerative disc disease before she began working as an art director for The Limited, a clothing company. Her diagnoses were under control as she was able to continue working on a regular basis. Seven months into working for The Limited, Okuno’s symptoms worsened. After many visits to specialists, Okuno was further diagnosed with narcolepsy, Crohn’s disease, and Sjorgen’s syndrome, and Okuno found it extremely difficult to work through her condition. After using up her short-term disability plan, through The Limited’s insurance provider, Reliance Standard Life Insurance Company, she applied for long-term disability benefits.

Okuno was denied long-term benefits for her current health state due to the limit placed on pre-existing conditions. Reliance Standard would not grant her benefits for illnesses possessed before she began working. Okuno then appealed this ruling, claiming that her additional impairments are “separate and distinct” from her original diagnosis of fibromyalgia and degenerative disc disease. Okuno’s second and third appeals were related to her denial of benefits because of mental illness limitations. Reliance Standard would not grant Okuno proper benefits, due to the clause that states that mental illness related disabilities cannot receive more than 12 months of benefits. After three lengthy appeals that took place over the span of 25 months, Okuno filed a lawsuit. Okuno finally received success, and the published case description states, “in light of the reasoning set forth above, we REVERSE the order of the district court and REMAND the case for further proceedings consistent with this opinion.”

According to Fields Law Firm, when it comes to filing a lawsuit, it is important to act quickly, hire an experienced lawyer, mind your words and actions, and be wary of settlements. Acting quickly is crucial in ruling out any legal timeframes in the process. A lawsuit is also an extensive process that requires a highly knowledgeable and skilled lawyer. Our Miranda Rights state that anything you say or do can be used against you in a court of law, so it is important to not say or do anything that might make you appear healthy and able during this lawsuit process. And finally, if the insurance company is worried about paying their reparations if the suit goes to court, they may offer a settlement, which is not the full amount of money you deserve, so it is important to consult your lawyer before considering settlements.

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Long-term disability insurance is a kind of insurance that can give financial assistance to those with long-term disabilities. This can be acquired in two general ways. One, you can receive it as part of a benefit plan from your employer. Two, you can get it yourself by approaching a long-term disability insurance company.
This kind of insurance has tremendous benefits, so it is not surprising that a lot of people are filing claims, and in turn, a lot of people are also getting rejected of coverage. It becomes a problem if those with legitimate claims have been rejected. But it is a good thing that there are legal professionals who focus on appealing on rejected claims, such as those from Fields Disability. But what are these advantages exactly?

Financial Assistance

This is the most important benefit of any kind of insurance, and long-term disability insurance is no exception. Financial coverage is often calculated in a way that involves a percentage of your monthly salary. Typically, the percentage is at 50 to 70%.
Having a disability can be financially troubling, especially when you think about the associated medical expenses and the fact that you cannot work and earn money because of your physical limitation. So, even a small percentage of your salary will help pay the bills.

Peace of Mind

Being physically limited can have emotional and psychological effects, including anxiety, depression, disinterest in social activities, and loss of self-worth. Having financial assistance at least reduces the risk of having these effects, considering that you are assured that you have the money to get around.
Peace of mind can also be achieved by those who are not disabled but ensured, because they know that they will have a financial cushion when such a thing even happens.

Better Relationships

Having insurance in general creates a better relationship between you and your employer. It shows value, and it gives the impression that you care for each other. The professional relationship between you and your insurer should also not be overlooked.
If you are also disabled, you can still have better relationships, in the sense that a long-term disability insurance can give you financial assistance and peace of mind, so you will not have family and friend problems that can arise from these factors, such as feeling guilty of being a financial burden to the family or increased irritability towards friends.

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Defective Medical Devices

Posted By on Mar 1, 2017

Medical devices are there to complement the healing process of patients, but there are some instances where they become the cause of harm. There are known cases where defective medical devices have caused injury, complication, and at worst, death.

According to the website of Evans Moore, LLC, injured patients may have legal options to take, such as product liability claims against the responsible parties.

Common medical devices with defects
IVC Filters: Also known as Inferior Vena Cava Filter, an IVC Filter is a surgically implanted device designed to prevent blood clots from going to the heart or lungs and avoid complications.

Power Morcellators: These are surgical devices used to cut up tissues into smaller pieces to allow the medical staff to perform complex operations. But if there are hidden cancerous cells on the affected tissues, these devices may help spread cancer into the patient’s body.

Replacements: Replacements are medical devices that promise to restore bodily functions and relieve pain. There are replacements for different parts of the body, such as for shoulders, hips, and knees.

Transvaginal Meshes: These are interlaced structures used to support the uterus, bladder, and other body parts so they would not descend into the patient’s vagina.

Common issues in defective medical devices
Contamination: A device may be contaminated before or after it has been surgically implanted. This may pose dangers, especially in the form of infections and device fracturing.

Device Migration: The device or a part of it migrating to another body part may pose problems in the side of the patient. This may also result into long surgery times on retrieving the device, especially if has migrated into an inaccessible area.

Fracture: Fracturing or breaking of a surgically implanted device can lead to device migration, organ perforation, and other dangers. This mainly occurs because of poor design and materials and over stress.

Organ Perforation: Organs can also be punctured because the medical device has a pointy structure or has a part that has migrated and pierced a tissue or organ.

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An already contentious divorce can only escalate further if there are children involved in the situation. In such an emotionally charged situation, it is often difficult for divorcing parents to see eye to eye on how they want to proceed with sharing parental responsibilities once their divorce is finalized. While it is possible for some couples to come to an agreement on their own, most of the time, child custody and child support agreements is a result of some form of intervention from the court.

While laws regarding how child custody differ among different U.S. states, most arrangement decided upon by a family court judge can be classified into three general categories. Joint physical custody refers to an arrangement where both parents are considered “custodial parents,” meaning that their children’s living situations will be divided equally between both spouses. Meanwhile, a joint legal custody refers to scenarios where only one parent is considered the custodial parent, while the other is given full freedom to participate in making legal decisions that affect their children’s needs. Finally, a sole custody arrangement involves situations where only one parent is granted both physical and legal custody of the children, with the other being granted visitation rights.

In most child custody arrangements, coming to a fair child support plan is extremely necessary for divorces that end with one parent as the children’s primary caregiver. In such a situation, the custodial parent is expected to receive monthly payments from the former spouse in aid of their children’s needs. The amount that the non-custodial parent is expected to pay will depend on the particular details of the case, with the court mostly taking into consideration factors such as the health and income of both parents.

There is no doubt that going through a divorce is difficult and emotionally draining. With children caught in the cross fire, the proceedings can only become more contentious without any outside help. As such, it’s important for divorcing couples to each consult with experienced family law attorneys that can help them advocate for their children’s needs. If you are from North Carolina and you need help sorting out a child custody dispute, do not hesitate to contact a Raleigh custody lawyer to learn more about your options.

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Those who are working abroad for a US-based company or their affiliates can come to the United States through the L-1 visa. This temporary working visa is made available for intra-company transferees and allows them to work for their companies inside the United States. The best thing about the L-1 working visa is that there no limitations to the number of people who can enter using this visa, so it appeals most to many foreign workers.

Among the key features that the L-1 working visa can provide is that you are allowed to work in the United States for three years straight and will be allowed to apply for an extension for two years, until you have reached a maximum of seven years. Your employment should only be exclusive to your US employer who has sponsored your working visa. It should their subsidiary, branch, parent, joint, or affiliate venture partner whom you are working for when you were outside the United States.

Another advantage that the L-1 visa can provide is the possibility of having your wife and/or children with you in the US through application for the US’s employment authorization. You will also be allowed to travel in and outside the United States until the end or expiration of your L-1 visa. For those who hold managerial or executive level positions, they have the option of applying for an US green card, as the L-1 visa is deemed a “dual intent” this means even when you already have the L-1 visa, you can also apply for a US permanent residency.

The company or enterprise you will be working for in the US may work on any specific business structure. Whether you work in a corporation, partnership, sole proprietorship, nonprofit or religious organizations, as long as the company is legal then it is acceptable. Furthermore, you may be asked to work full time in the US, but you have the freedom have less time provided you dedicate a significant amount of your working time on a systematic and regular basis.

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Hit and Run Accidents

Posted By on Feb 16, 2016

It can be very confusing and difficult to deal with a hit and run incident, especially if you are the victim or the accident. Hit and run accident does raise a number of legal problems; potential civil and criminal cases for the runner who caused the accident, and the problems that the victim will face in order to get compensation. The legal consequences of a hit and run accident goes far beyond a simple traffic accident, as more likely the victim would have suffered serious injuries and feeling the scene of the accident makes the runner more blameworthy.

Laws regarding hit and run accidents require drivers to stop, give their identification and provide assistance to the victim or victims. This ensures that victims of auto accidents are given the necessary medical assistance for their injuries and property damage is covered by compensation. In statutes that do not specify hit and run should only occur in public roads, hit and run that occurred in private property can also be considered a violation of the law.

Just as with any personal injury claims, there are certain factors that should be present in order to make a hit and run viable. First, the driver should have knowledge of the accident, even if the evidence is circumstantial. Williams Kherkher is among the many personal injury lawyers who help represent victims of auto accident and hit and runs, and the responsibilities of the driver who hit the victim may vary depending on the state. Some states require drivers to stop, assist, and give their ID to the victim regardless of whether there is injury or property damage, while some states require drivers to be aware of the accident and resulting injuries and damages before stopping. Providing the necessary identification (name, address, and phone number) is generally enough for the requirement, and those who give out false information may risk criminal prosecution.

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Since the Volkswagen scandal became public, the future of the large German automotive company was unclear. Volkswagen admitted to installing “defeat devices” in over about 500,000 US vehicles and 11 million worldwide, which enabled their vehicles to detect when emission tests were being performed and reduce the amount of pollutants emitted during the test. However, when the cars were actually being driven on the road, the cars could emit up to 40 times the legal amount of pollutants.

Amid the scandal, Volkswagen’s CEO Martin Winterkorn has already resigned and stock prices have plummeted 30 percent. In addition, although Volkswagen has already set aside $7.3 billion to alleviate the scandal, they may face more substantial fines. Since VW knowingly violated the Clean Air Act, they could face a fine of up to $37,500 for each of the 482,000 affected US vehicles—adding up to more than $18 billion. Volkswagen also faces countless lawsuits from furious owners of the affected vehicles, who bought the models specifically for their supposed friendly impact on the environment.

Investigations are still underway against Volkswagen. If it is revealed that company officials knew about or concealed the scandal, criminal charges may also be a possibility. Perhaps the most damaging aspect of the scandal is the large stake Volkswagen placed on their clean diesel vehicles to establish their brand. VW was one of the first companies to offer clean diesel vehicles that accounted for a large percentage of their sales in the past year. Owners of these vehicles are expressing their outrage publicly at the company and complaints against the company continue to pile up. Needless to say, VW’s future reputation and the impact of the scandal on their sales are unclear. Although dealers have been ordered to halt sales of affected vehicles, no official recall has been made yet.

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Roofing Materials Pros and Cons

Posted By on Jul 19, 2015

Your roof protects you and your home from the elements. Not only does your roof protect your property from damage but it also can increase your home’s value. With your roof being charged with tasks as important as protecting your property and loved ones, it is important to choose the material that will work best for your life style and the weather conditions in your area.

Asphalt: This is the most commonly used material for roofing because it is one of the least expensive. It can be made in a variety of colors and thicknesses in order to suit your preferences, and is very fire resistant. However, the shingles are lightweight and not very resistant to wind, it won’t last as long as other materials, and it is made from petroleum products, which is bad for the environment.

Metal: Metal roofing can be steel, aluminum, copper, or a zinc alloy. Prices range from moderate to expensive, but these roofs provide wonderful protection from fire and wind and will last a very long time. Some are made from recycled materials and most can be recycled when they need to be replaced. However, some find metal roofing to be loud during rainstorms without proper insulation.

Synthetic: Always made from some form of plastic, synthetic roofing is inexpensive and can be made to resemble other, pricier materials. It provides good protection, is long lasting, recyclable, and moderate in weight so it does not require extra support.

Clay tile: Red clay tiles give homes a traditional Spanish or Italian look. It is one of the most expensive options, and the tiles can be brittle and a few will need to be replaced time to time, but as a whole these roofs are very long lasting. They provide great protection from wind and fire, and are made from natural materials but are very heavy and will require additional support.

Others: Concrete, slate, and wood are less commonly used for various reasons. Concrete functions just like clay tile and is less expensive, but most do not like the look of concrete roofs. Slate is the oldest form of roofing material and gives homes a classic look, but it is very expensive and requires specialists to install it. Wood gives homes a unique, rustic look and is only moderately expensive but requires frequent maintenance and has to be coated to be fire resistant.

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Bextra and Xarelto Side Effects

Posted By on Jul 17, 2015

Millions of people worldwide rely on pharmaceuticals to manage health conditions and pain. We all trust the manufacturers of these medications to make their products in a safe manner and be clear about any and all possible side effects. Sadly, according to the website of Crowe & Mulvey, LLP, sometimes mistakes are made and people are harmed. Bextra and Xarelto are two of these drugs whose manufacturers made a mistake.

Bextra is an antiflamitory, nonsteroidal drug that is used to alleviate pain. The benefit to Bextra over other painkilling medications is that Bextra causes less stomach irritation. It was most commonly used to alleviate the pain associated with osteoporosis and rheumatoid arthritis since it also works to reduce inflammation, but it was also used to treat painful menstruation in women.

However, it was found that taking Bextra increases your risk for heart attack and stroke. Bextra can also cause Stevens-Johson syndrome and Toxic Epidermal Necrosis. Both are skin reactions that result in a painful red rash that can be accompanied by blisters and a mucous membrane. These reactions can cause life-long disability and deformation, and in more serious cases, death.

Xarelto is an anticoagulant drug that was most commonly given to patients who had received a hip replacement. It was meant to prevent the development of deep vein thrombosis, which is a blood clot in a vein deep within the body. These clots have the ability to break away and make it to the heart, where they can become lodged and cause a heart attack or life long damage.

According to the website of Williams Kherkher, the main side effect of Xarelto is gastrointestinal bleeding. However, it can also cause the patients to vomit blood, have painful/bloody urine, have blood in their stool, and can even cause brain hemorraging, which can be deadly.

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