NH disability lawyer provides information about Social Security disability

NH Disability Lawyer Defines Disability

Social Security retirement benefits are determined by a worker’s age and work history, but Social Security disability is a much lengthier and more complicated process.  When applying for disability benefits, you must prove that you meet Social Security’s definition of disability.

According to a NH disability lawyer at the Law Office of Manning & Zimmerman PLLC, Social Security defines disability as the inability to engage in gainful employment, otherwise knows as “substantial gainful activity,” because of a medically determinable condition that has lasted 12 consecutive months or is likely to last 12 consecutive months, or will result in death.

How do you prove that you are disabled?

There are three means by which a claimant can prove that he/she meets Social Security’s definition of disability:

  • Meet a Social Security “Listing of Impairment.”
  • Fit within the medical-vocational guidelines (“Grid Rules”).
  • Prove that your capacity to perform even a “sedentary” job has been so reduced by your impairment(s) that you would not be able to work at a job 8 hours per day/5 days per week (“Functional Capacity”).

 

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Social Security

 

What is a Listing of Impairment?

The Social Security Administration provides a list of 14 body systems and medical problems serious enough to prevent a claimant from functioning in a full- time work environment.  If you have a medical or mental health condition that meets a listing, the Social Security Administration will find that you are unable to work and are, therefore, disabled under their rules.

If, however, you do not meet a listing, you will have to submit medical evidence, and/or other certain types of evidence, to prove that you are unable to engage in substantial gainful activity.

What are the Grid Rules?

If a disability applicant does not meet a medical impairment listing, Social Security will use rules set out on a grid to determine if an applicant is disabled, based on age, residual functional capacity (“RFC”) level (sedentary, light, medium, or heavy work), education level, and work history and skills. Even if the grids determine that you should be found “not disabled,” there are means of countering this determination (for example, if you can’t even do sedentary work, if you have non-exertional impairments, if you can’t use your prior job skills, if you have multiple conditions that lower your RFC, if you fit into a “special vocational profile” (such as having done 35 years of arduous labor), or if you are almost in the next age group). Note that if your impairments are not exertional in nature, but are instead psychological, the grids will not apply.

Do you need a NH Disability Lawyer?

Our team understands the Social Security disability application process and the regulations the Social Security Administration uses to review claims. We use our experience to prepare your application and work with your doctors to support your application.

If your original application is denied, you will need to file an appeal and request a hearing before an administrative law judge in order to be granted Social Security benefits. Statistics have shown that people represented at a hearing by a NH disability lawyer have been successful more often than those who are not represented.

How much does it cost to hire a NH Disability Lawyer?

We do not charge for our services unless you receive benefits. To pay attorney fees, the Social Security Administration withholds 25% of any past due benefits. Nothing will be withheld from your regular monthly checks after you receive benefits.

When should you contact a NH Disability Lawyer?

As with many things in life, the sooner the better. As your legal representative, we will undertake pre-hearing preparation and perform a great deal of analysis and evidence gathering. We will also work with your doctors to explain the Social Security regulations and obtain a medical report. For these reasons, the earlier a NH disability lawyer at the Law Office of Manning & Zimmerman PLLC begins working on your case, the better your chances are of receiving disability benefits.

NH Personal Injury Attorneys Prepare Clients for Testimony at Depositions

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Working with NH personal injury attorneys takes the stress out of appearing for a deposition. This essential part of the discovery process is an important step in any personal injury lawsuit, making it crucial to have an experienced attorney at your side. If you’ve been injured in an accident, then the NH personal injury attorneys at the Law Office of Manning & Zimmerman, PLLC may be able to help.

What Is a Deposition?

When your personal injury lawsuit was filed, it triggered the beginning of the discovery period. Discovery is the formal investigation portion of the lawsuit. During this time, your attorney may request documents from the counsel for the other party along with written questions called interrogatories. The opposing side is obliged to respond to these requests, and they may also ask you and your attorney to produce documents and answer written questions. Depositions are another part of the discovery process. The witness, often called the deponent, is required to appear at a certain time and place to provide testimony under oath regarding their knowledge of the events that caused your injury. It’s common for both the plaintiff and defendant to be deposed in a personal injury lawsuit. Moreover, other witnesses may be called. Emergency response personnel, health care providers, and bystanders are all examples of individuals who may be called to give testimony.

How Is the Information Gathered in a Deposition Used?

The answers that the deponent gives during the deposition are used as evidence at trial or as a means of compelling settlement prior to trial. All testimony given at depositions is under oath, meaning that it is against the law for the deponent to lie or mislead the attorneys. Deliberate dishonesty may result in civil and criminal charges, so it’s important to understand that being accurate and truthful is paramount in any deposition.

Components of the Deposition

The parties involved in a deposition typically include the deponent and their NH personal injury attorneys along with lawyers representing the opposing side. A court reporter is present to electronically record all questions asked and testimony given, word for word. It is the court reporter’s responsibility to produce a true and correct transcript of the deposition for both sides. If you are the deponent, you will have the opportunity to review and correct the transcript with your attorney. Depositions may sometimes be videotaped. The deposition occurs at a predetermined date, time and place. Usually, they happen in the conference room at the offices of one of the involved attorneys. They may take only an hour or two to conduct. However, witnesses who can offer extremely detailed testimony may find themselves testifying over a period of several days.

Preparing for the Deposition

You will work with the NH personal injury attorneys at the Law Office of Manning & Zimmerman, PLLC for several weeks before your deposition is taken. Your attorney understands that you probably haven’t been deposed before and that you find the prospect of doing so stressful. That’s why you and your attorney will put considerable time and effort into preparing for the deposition. Your attorney will answer questions about how to dress and behave while you are being deposed. More importantly, your personal injury lawyer will also talk with you about the questions that the other attorney is likely to ask. Most of the deposition will consist of the opposing counsel asking you questions while you respond. It’s rare for your own attorney to ask you questions at a deposition. However, this may happen if your attorney feels that it is necessary to clarify a point. Your attorney is also there to object when opposing counsel asks an inappropriate question or to advise you on if you should answer certain questions. Your NH personal injury attorneys will never ask you to lie or fabricate your answers for a deposition. Instead, you’ll be encouraged to present the truth in a straightforward and direct manner. While it may be impossible to entirely put you at ease during the deposition, preparation will help you be more comfortable in presenting your what happened to you.

Contact the NH Personal Injury Attorneys at Manning & Zimmerman, PLLC

If you have been injured in a crash or other incident, then you don’t have to face the process of making a personal injury claim or filing a personal injury lawsuit on your own. With the assistance of the experienced NH personal injury attorneys at Manning & Zimmerman, PLLC you will understand your options for proceeding after suffering an injury. Moreover, you can expect that every phase of your case will be handled professionally and with the tact and assertiveness you would expect from respected personal injury attorneys. Time may be of the essence in your personal injury lawsuit. Contact the NH personal injury attorneys at Manning & Zimmerman, PLLC at (603) 624-7200 today to schedule a consultation.

 

 

Manchester Car Accident Lawyer on Establishing the Validity of Your Claim

Manchester Car Accident Lawyer on Establishing the Validity of Your Claim

Manchester Car Accident Lawyer books  Doctor Discussing Medicine in His Clinic With a PatientYou may have heard the expression that insurance companies are in the business of denying liability, but there’s nothing funny about this line if you have been injured in a car accident and are dealing with an insurance adjuster. Your interest is to receive a fair settlement in a timely manner, which entails convincing the insurer that you have a legitimate and viable claim. Although each situation is unique, a Manchester car accident lawyer can explain how best to establish the validity of your claim.

Mitigate Your Damages

Legally, one who suffers injuries in a car accident is required to do all that is possible to recover as quickly and completely as is feasible; you cannot allow damages to continue to increase the potential settlement you receive. Additionally, however, insurance companies also view more favorably the claim of a plaintiff who has demonstrated both the desire to get better and also made marked progress toward that end.

Document the Evidence

A requirement for recovery in personal injury law is that damages be certain and not speculative. If you maintain accurate and detailed records that are clear and not subject to interpretation, the insurance company adjuster is far less likely to question their validity and delay the resolution of your case. This applies to both your complete medical records regarding the car accident and lost wages or income that was a direct result of your inability to work due to your injuries.

Communicate with Counsel

It is important to keep in regular contact with your car accident lawyer. Initially, important information must be regularly communicated regarding your case, but by doing so you are also demonstrating to the adjuster that you are serious about your claim and are working diligently towards a resolution.

Contact a Manchester Car Accident Lawyer for Legal Advice

A car accident case follows a process that can be confusing to an accident victim. To fully understand your rights and responsibilities, call the Law Office of Manning & Zimmerman PLLC, a Manchester car accident lawyer firm, at (603) 624-7200.

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NH Disability Attorneys: Are You Likely to Qualify for Social Security Disability Benefits?

NH Disability Attorneys Discuss Qualifications for Disability Benefits

Here are 4 questions the NH disability attorneys at the Law Office of Manning & Zimmerman, PLLC ask to assess your likelihood of qualifying for Social Security disability benefits. These questions won’t tell you for certain that you will qualify, but they should give you an idea whether an application is worth pursuing:

1. Are you working? You will not be approved if you are engaging in “substantial gainful activity” (SGA), defined as monthly earnings of $1,090 or more per month.

2. Do you have a severe medical impairment? Virtually any reduction in your capacity to perform work will satisfy this requirement. Medical signs or laboratory findings must show you have an abnormality , even if your doctors have diagnosed your condition differently or are unable to provide a definitive diagnosis.

3. Will your impairment last 12 months or result in death? Unless an impairment is expected to cause your death, it must have lasted, or be expected to last, for a continuous period of 12 months.

4. Are you able to work? As a general rule, being able to work disqualifies you from being able to receive Social Security disability benefits., but there are exceptions.

If you wish to significantly increase your potential to win your disability case, you will require an experienced SSD lawyer at the disability hearing. Social Security Attorney could help you win Social Security Disability or SSI benefits. If your disability claim has been denied, our attorney can file an appeal for you.

NH ATV Accident Attorneys Discuss the Dangers of ATV Riding

Fatal Terrain: Public Roads Create Risky Riding for ATV Drivers

All-terrain vehicles (ATVs) are made for off-road use. They don’t have on-road tires, lighting or turn signal equipment needed for highway use. Plus, they have a high center of gravity and a narrow wheelbase that prevent them from being easily controlled on paved roads. So why are large numbers of people driving them on public roads? The highest percentage of fatal ATV accidents occurs on roadways (see infographic).

nh atv accident attorneys

According to the NH ATV accident attorneys at the Law Office of Manning & Zimmerman, PLLC, despite warnings that driving ATVs on roadways is risky, this dangerous riding practice is still allowed by a number of states. A report by the Consumer Federation of America [download report] notes that 35 states (or 69 percent) allow ATVs on designated roads, limited stretches of roads or on the shoulder of roads. Because ATVs are not manufactured for on-road use, they do not qualify as “motor vehicles” and are not regulated by the U.S. Department of Transportation. That means states have the authority to allow ATVs on public roads.

The latest data from the Consumer Product Safety Commission (CPSC) found 13,043 ATV-related fatalities occurring between 1982 and 2013, 3,023 of those to children younger than 16. An average of 700 people die and another 100,000 are seriously injured each year while riding ATVs [download report]. According to a 2013 report from the Insurance Institute of Highway Safety, two-thirds of fatal ATV crashes occur on public or private roads.

How Young is Too Young? 

According to the NH ATV accident attorneys at the Law Office of Manning & Zimmerman, PLLC, state laws governing the legal age of an ATV driver vary. The CPSC, industry representatives and many consumer advocates recommend that children ages 12 through 15 not ride ATVs with engines larger than 90cc. The American Academy of Pediatrics recommends that no child under age 16 ride an ATV of any size. According to information provided by the Mayo Clinic, children account for about one-third of ATV-related emergency department visits and one-quarter of ATV-related deaths. For the first time, more children are likely to require hospitalization or die in ATV mishaps than in bicycle accidents.

“An ATV is basically a chassis with four wheels and a high center of gravity, so it’s inherently unstable. And the driver’s body movement is an integral part of the handling,” says Todd M. Emanuel, R.N., injury prevention coordinator for Mayo Clinic’s emergency services in Rochester, Minn. “Most kids don’t have the size, physical strength and balance to control these vehicles, especially adult-sized ones. It’s just too much machine for small bodies.” And carrying passengers, which is illegal in some states, makes ATVs even more likely to tip or roll over.

Off-Road Rules for a Safe ATV Driving Experience

nh atv accident attorneys
Monitor young riders carefully. Download the golden rules for driving or riding an ATV.

ATVs can be a fun way to spend time in the great outdoors, but they can be just as dangerous as cars, motorcycles, trucks or sport utility vehicles, reinforcing the need for safe operating procedures. The NH ATV accident attorneys at the Law Office of Manning & Zimmerman, PLLC encourages following these safety tips from the ATV Safety Institute when riding or driving:

  • Never ride on paved roads except to cross when done safely and permitted by law. ATVs are designed to be operated off highways and public roads.
  • Always wear a DOT-compliant helmet, goggles, long sleeves, long pants, over-the-ankle boots and gloves.
  • Never ride under the influence of alcohol or drugs.
  • Never carry a passenger on a single-rider ATV, and carry no more than one passenger on an ATV specifically designed for two people.
  • Ride an ATV that is rated for your age.
  • ATVs are not toys; supervise riders younger than 16.
  • Ride only on designated trails and at a safe speed.
  • Consider taking a hands-on ATV RiderCourse at ATVsafety.org.

If you have been the victim of an ATV accident, contact the NH ATV accident attorneys at the Law Office of Manning & Zimmerman, PLLC at (603) 624-7200.

9 Factors NH Personal Injury Lawyers Will Consider in Evaluating Your Case

The vast majority of personal injury cases, such as car accidents, slip and falls, and medical malpractice, settle before trial. Evaluating what damages the injured person may be able to recover in a trial is crucial in reaching the best settlement. Various factors should be considered when evaluating a personal injury case for settlement.

Below, the NH personal injury lawyers at the Law Office of Manning & Zimmerman, PLLC explain the 9 factors considered in evaluating a personal injury case.

If you’re thinking about hiring a personal injury lawyer after an accident in NH; contact Law Office of Manning & Zimmerman, PLLC. The skills of an experienced personal injury lawyer would always prove beneficial for your case. An knowledgeable Social Security Disability lawyer at the Law Office of Manning & Zimmerman, PLLC, will assist you to understand about your rights and would also represent you in the appeals process.

Before you file an accident claim with the at-fault person’s insurance company, you should consult with an experienced personal injury attorney. Contact our nh personal injury lawyers and learn more about our aggressive approach to personal injury litigation.

We always come highly recommended and we stand by you at every step of the legal process. We are your advocate in a court of law, and our team of lawyers is standing by to take your case.

Personal Injury Lawyers NH

Manchester Car Accident Attorney Assistance in Distracted Driving Cases

Manchester Car Accident Attorney Assistance in Distracted Driving Cases

Manchester Car Accident AttorneyA Manchester car accident attorney at the Law Office of Manning & Zimmerman may be able to help you to receive compensation if you were injured in a crash. In  2015, a law took effect in New Hampshire that bans the use of any hand-held electronic devices while driving. The law took effect after a lengthy public education campaign. It warned New Hampshire drivers about the dangers of, and penalties for, driving while distracted.

Restrictions

The ban includes the use of hand-held devices even when drivers are stopped at a red light. This means that if you have stopped for any reason without pulling off the roadway, you may not use a hand-held device. Restricted devices include cell phones used for emailing, calling, and texting, as well as GPS systems. Hands-free cellphone operation is permitted. These regulations are stricter than the prior law that only restricted texting while driving. Additionally, all similarly distracting activities will be prohibited. The new law also bans all minor drivers from any cell phone usage while operating a vehicle, even if they are using hands-free technology. Emergency calls are still allowed.

Statistical Evidence

According to the New Hampshire Driving Toward Zero Coalition, of all fatal crashes that occurred in New Hampshire over the past four years, 116 were caused directly by distracted driving. Drivers distracted by texting are also 23 times more likely to crash than other drivers. According to a report by the National Safety Council on addressing this issue that has now been classified a national epidemic, “Our complacency is killing us. Americans believe there is nothing we can do to stop crashes from happening, but that isn’t true. The U.S. lags the rest of the developed world in addressing highway fatalities. We know what needs to be done; we just haven’t done it.”

Penalties for Violations

The first offense results in a fine of $100 for those found to be in violation of the law. The second offense results in a $250 fine, and the third offense within two years results in a $500 fine. Additional penalties may be assessed in addition to the monetary fines.

Contact a Manchester Car Accident Attorney

If you have been injured by a distracted driver and would like more information on filing a personal injury lawsuit, contact the Law Office of Manning & Zimmerman at (603) 624-7200 or by email at info@MZLawNH.com.  Stricter distracted driving laws may make it easier for victims of negligent drivers in New Hampshire to receive compensation. From medical expenses to compensation for lost wages, a Manchester car accident attorney may be able to help you recover damages caused by a driver who was texting or otherwise distracted by a hand-held device.

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Manchester Construction Accident Lawyer Discusses Calculating Damages

Our Manchester Construction Accident Lawyer Speaks about Calculating Damages

Manchester Construction Accident Lawyer Wood gavel on sound block and white backgroundIf you are calculating your harms and losses in your personal injury or wrongful death case resulting from a construction accident, you may consider contacting a Manchester construction accident lawyer from the Law Office of Manning & Zimmerman, PLLC. If you were injured or have a loved one who was killed in a construction accident caused by someone else’s negligence, a lawsuit may help you recover damages.

Damage Components

Harms and losses in any personal injury or wrongful death case typically begin with economic damages and work towards non-economic damages. Non-economic damages may be anything from physical or mental distress to emotional loss associated with the injury. While non-economic damages are usually the largest to be collected, courts may examine the quantitative damages first. Economic damages are generally the simplest type of damages to determine since there is often significant evidence to prove how much the claimant is owed. A Manchester construction accident lawyer can provide guidance in determining which type of damages you sustained.

Economic Damages

From medical expenses to lost wages, if you had to take significant time off from work, receipts and hospital and doctors’ bills will make economic damages relatively easy to quantify. Once they are out of the way, the much more complicated process of placing a figure on non-economic damages begins. The largest positive value for economic damages is the loss of earnings or the ability to earn a living. The loss of property is another form of economic damages that is relatively easy to quantify. If your property was damaged, you may also receive compensation. These losses have a positive value, may be quantified in some cases, and they were caused by the defendant.

Economic damages are generally related to past and future medical costs, including rehabilitation and special accommodation costs. The defendant has a responsibility to reimburse you for such costs if it is determined that he or she engaged in a breach of duty, which led to your damages. If you lost a loved one in a construction accident caused by the defendant’s breach of duty, he or she may also be required to reimburse you for funeral expenses. It is common to see funeral cost reimbursement in wrongful death cases. A Manchester construction accident lawyer may be able to help you recover negative economic damages from a loved one’s death if they were caused by a negligent employer.

Non-Economic Damages

Non-economic damages, such as pain and suffering and loss of enjoyment of life, often involve emotional and psychological damages and thus are difficult to quantify. Jurors will be called upon to place a value on your pain and suffering and loss of enjoyment of life. Non-economic damages also include mental impairment, loss of companionship, pain, mental anguish, physical disfigurement, physical impairment, and mental impairment.

Contact a Manchester Construction Accident Lawyer

Contact the Law Office of Manning & Zimmerman PLLC today at (603) 624-7200 for more information on pursuing a personal injury or wrongful death lawsuit after a construction accident. A Manchester construction accident lawyer may be able to help you prove that the accident was caused by someone else’s breach of duty and that you are entitled to compensation.

 

 

GRILLING SAFETY TIPS FOR THE SUMMER COOKOUT SEASON

Outdoor grilling safety goes hand-in-hand with relaxed summertime fun

grilling safety

Even for the most skilled grill master it’s easy to forget that open flames pose serious fire hazards. Over half (57%) of grill fires on residential properties occur in the months of May, June, July, and August, according to data from the U.S. Fire Administration’s National Fire Incident Reporting System. Make sure your summer grilling doesn’t become another statistic by practicing grilling safety. Here are a few grilling tips for keeping the flames under the burgers, where they belong:

Keep the grilling area clear of hazards

The Consumer Product Safety Commission (CPSC) recommends that before lighting your grill, ensure that it’s at least 10 feet away from your home, garage or any other building on your property. Keep it far from any flammable materials as well. That includes deck railings, eaves, overhanging branches, starter fluid and spare liquid propane gas containers. According to the National Fire Protection Association (NFPA), 43 percent of the residential outdoor grill fires recorded from 2007 to 2011 started when a flammable or combustible gas or liquid ignited.

Maintain your gas grill’s hoses

LP and natural gas grills caused an average of 7,200 home fires every year from 2007 to 2011, and leaks in propane gas hoses were the leading cause, according to the NFPA. Check for leaks annually by using this simple test from the CPSC: Open the gas supply valve, apply a 1:1 soap and water solution to the hose connection points, and then watch for bubbles. Grilling safety dictates that if you see some bubbles, you’ve got a leak. The CPSC also recommends routinely cleaning the tube that connects the control valve to the burner. Grease, as well as any insects making a home there, can create blockages causing the gas to burn outside of the tube. Simply use a pipe cleaner or wire to clean the tube.

Never leave a hot grill unattended

If you’re grilling out, there’s a good chance you’re hosting friends and family. The NH personal injury attorneys at the Law Office of Manning & Zimmerman, PLLC know that it’s worth saying: focus on grilling safety before entertaining! Never leave your grill unattended, and always make sure the lid of a gas grill is open while igniting – the buildup of gas in a closed grill can cause an explosion.

Clean up grill after use

Once the food is cooked to perfection and your guests are raving about your grill skills, it’s time to get rid of any food residue and highly-flammable grease. While the grill’s still warm, use a wire brush to scrub the cooking grid and wipe down the burners. If using a charcoal grill, allow the coals to cool completely, and then dispose of them in a metal trash can with a lid.

With these precautions in mind, grab the hot dogs and corn-on-the-cob and start grilling some great summer memories!

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Content courtesy of Liberty Mutual

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