Posts by Kil Mallock


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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