Congress Passes Unemployment Insurance Extension

As more Americans face weeks and sometimes months of unemployment, the loss of benefits stretches them to the limit and curtails even further their chances of looking for work - an incredibly hard slog during tough economic times.

Last week, Congress announced another 13 week extension of benefits to primarily help the hundreds of thousands in 27 states where unemployment has reached 8.5 percent or threatens to go even higher by year's end.

In addition, other states like Iowa and Pennsylvania with Insured Unemployment Rates (IUR) over 6% will also be eligible.

The bill is basically an extension of Emergency Unemployment Compensation provided in the stimulus bill adopted at the beginning of the year.

States that qualify

The official announcement tags the following states where unemployment is unusually high and therefore eligible for the extra 13 weeks. They include:

Alabama, Arizona, California, Florida, Georgia, Idaho, Illinois, Indiana, Kentucky, Massachusetts, Maine, Michigan, Mississippi, Missouri, Nevada, New Jersey, North Carolina, New York, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Washington, Wisconsin and West Virginia.

Some States have also enacted a voluntary program to pay up to 7 additional weeks (20 weeks maximum) of extended benefits. Check out unemployment benefits by state to see if you may be eligible for extended benefits, as well.

Do I have to apply for the extended unemployment benefit?

Filling out another application is not necessary. Your state agency which handles unemployment benefits will be sending out notifications shortly announcing the extension.

The weekly benefit amount of extended benefits will be the same as the individual received for regular unemployment compensation.

In addition, those who are eligible must continue filing their weekly employment reports (in states where that applies) to tap the new extension.

More about the unemployment insurance extension around the Web:

The Unemployment Benefit Extension Explained

House Votes To Further Extend Unemployment Insurance Benefits

also see in Legal Bytes:

Suing an Employer: How & When to Hire a Labor Lawyer

Medical Malpractice Information

It may be a failed face lift, a injury during birth delivery, a botched operation, or other serious medical procedure that results in lasting physical harm or worse to you or a loved one.

If you think your doctor or surgeon is guilty of serious incompetence or outright criminal conduct, consider bringing a law suit against them.

Be forewarned, however, that medical malpractice cases are some of the most complex for lawyers (and harrowing for patients and families) - that puts the onus of proof squarely on complainants in a legal action against a medical professional.

What you must prove in a medical malpractice case

Simply put, it is up to your legal team to prove that your doctor made a mistake in not observing reasonable techniques, or failed to practice within traditional medical bounds.

Next, By providing evidence of how another doctor would have treated you under the same circumstances, a finer point can be put on how the mistake could have been avoided.

Finally, the legal team must show the extent of the damages made or any possible future harm that could result from the doctor's negligence.

Hiring a medical malpractice lawyer

Therefore, it's most important to hire a law firm with extensive experience in medical malpractice cases, and who can provide a complete team effort in presenting your case before a judge and jury.

This includes not only expert knowledge of medical terminology, but the necessary footwork necessary to research your particular case while they secure expert witnesses to testify at your trial.

Of course, medical malpractice suits can be time consuming, as well as an expensive proposition both monetarily and emotionally.

There are many legal firms, however, that will represent clients on a contigency basis - that is, forestall payment until the case is won - if they think your case is eminently winnable.

In contingency cases, if and only when your law firm wins the case will they accept an agreed upon percentage of the money awarded at trial.

More about medical malpractice lawsuits around the Web:

Talking to a malpractice lawyer - questions to ask

Medical Malpractice Do's and Don'ts

Legal Malpractice Law and Litigation

Canadian Bar Association - Medical Malpractice

How to Create a Living Will or Advance Directive

Despite all the misconceptions and outright lies surrounding 2009 health legislation (i.e., Medicare payments for end-of-life care counseling), the fact remains that the legal document known as the "advance directive" or "living will" has been promoted by public officials of every political stripe ever since it was first devised in the late 60s.

The good news is that Americans are still free to control their own medical fates without government interference, especially when it comes to extraordinary treatment that may prolong their lives against their wishes.

What is a living will?

If you don't want extraordinary measures taken if you become incapacitated, the living will is one way to spell out your wishes and give you complete control of your end of life care.

Why create a living will?

With medical advances proceeding at a rapid pace into the 21st century, doctors and other health care professionals now have an array of machinery that helps to prolong life artificially. Today, it's up to each individual to decide whether or not they want to avail themselves of such treatment.

The living will is created while an individual is still healthy, and not only directs a medical team on final treatment wishes, but relieves family members of the decision on the best course of action to take concerning end of life care.

Do it yourself - How to create a living will

To create a living will, you need:

• To be at least 18 years old, and "of sound mind."
• Two witnesses and notary public signatures to transform the piece of paper into a legally binding document.

Since there is no one single form available from the federal government, you need to know your individual state regulations in regards to rules and requirements covering living wills. If you search for information online, beware of sites that charge for forms you can easily download and print for free.

On most forms all the "legalize" is already included. This usually includes the phrases like "...being of sound mind..." along with a statement that you are not acting under coercion by any interested party. Once that's squared away, a living will document (also called "advance directives" or "medical power of attorney") outlines your specific wishes for medical treatment when you are no longer able to make decisions for yourself. These may include instances of severe brain damage, paralysis, persistent vegetative state, incurable disease or terminal illness.

In addition. you can also spell out any specific treatment you wish to forego such as a feeding tube, respirator, dialysis machine, or other extraordinary measures that would prolong life unnecessarily. Along with your living will, you may also want to complete the separate "Do Not Resusitate" order that specifically directs your doctor not to apply emergency CPR.

Witnessing your living will

Once all the necessary documents are completed, visit a local notary public and bring along two other people to witness the document.

Who can serve as witnesses? It depends. In some cases, your doctor or spouse, relatives or legal heirs are barred to act as witnesses for living wills. So be sure to check your individual state regulations before you go.

Finally, give each witness a copy of the document so that in the event it's needed it can be retrieved quickly and given to hospital personnel. Also give extra copies to close family members, and keep one for yourself. In addition, think about carrying an advance directive notification card in your wallet that gives doctors the heads-up along with any necessary contact information in case of emergency.

More about living wills and advance directives around the Web:

Put In Writing.org

Mayo Clinic - Living wills and advance directives for medical decisions

MedlinePlus - Advance Directives

Disorderly Conduct Law

Harvard professer Louis Gates made headlines recently when he was arrested for disorderly conduct outside his home in cambridge, Massachusetts.

The resulting fray went national when a friend of Gates (who happened to live in the White House) appeared on a nationwide TV broadcast to say that Cambridge police "acted stupidly" when they led the professor from his home in handcuffs.

Whether you agree or disagree with the former-lawyer and now US President Barack Obama, most legal experts say that disorderly conduct charges depend largely on a judgement call by the cop at the scene. So what were the Cambridge cops thinking?

Examples of disorderly conduct usually include:

Inciting a riot

Public drunkenness

Loitering in public places

Fighting

Traffic obstruction

Obscene or abusive language

Making unreasonably loud noise or "disturbing the peace"

Given the array of interpretations of loitering, abusive language, or the most nebulous charge of "disturbing the peace" (actually, Gates was taken in by the arresting officer for “exhibiting loud and tumultuous behavior”) it's hard to say.

Gates, who is black, was arrested outside his own home after identifying himself as the owner.

Granted, the Harvard professor let off steam by yelling at the officer for questioning him.

"Do you know who I am?" asked Gates, possibly touching off a battle in the ongoing class warfare between the Harvard elite and everybody else who lives in Boston.

Perhaps it was racism. Would a white professor have been arrested under the same circusmstances?

Whatever the reason, expressing First Amendment free speech rights by yelling at a police officer does not constitute disorderly conduct in Massachusetts, nor should it in any other state in the Union.

More about disorderly conduct around the Web:

Examining Protocol In Disorderly Conduct Cases

Disorderly Conduct in Criminal Law

US Law Dictionary - Disorderly Conduct

When Health Insurance Companies Refuse to Pay

Having trouble with your health insurance?

Odds are that you, or somebody you know, have had to fight with a health insurance company recently over medical bills that they refuse to pay.

Like all companies, health insurance firms are for-profit businesses, and every medical claim they fail to honor - despite the high premiums they charge - is yet another chance to put money in their pocket.

So short of hiring a lawyer, what's a patient to do? A lot more than you think, say the experts.

Remember that while individuals may not hold powerful sway over a large company, there's safety in numbers in getting your appeal heard. Here's how to be your own advocate or to enlist help in getting your medical claim paid:

• If your insurance company refuses to pay a claim on the grounds that a certain procedure is not "medically necessary", read up on evidence related your particular condition. Get letters from your doctors, or gather additional testimony in print or on the Web that support your claim, i.e., with articles from JAMA, or other medical journals to support the effeciveness of your treatment. On your next appeal, pile on the paper.

• "Sorry, That's A Pre-Existing Condition" - A favorite of insurance claim reviewers, this one is often used as a scatter-shot approach to deny a claim, and any flimsy excuse can be enlisted in trying to enforce it.
  
  In one recent NY Times article, for example, (Getting a Health Policy When You’re Already Sick) a patient was denied treatment of mouth cancer because he was treated for a canker sore six months earlier. The health insurance company later reinstated coverage only after the patient's doctor successfully proved that the two conditions had absolutely nothing to do with each other.

• Again, you don't have to take no for an answer. Most health insurance companies are betting that you'll get tired of appealing and just give up.
  
  Luckily for consumers, there's plenty of other assistance available by enlisting the help of your state insurance watchdog, or by contacting the Patient Advocate Foundation who do a wonderful job in helping patients push back against health insurance denials.
  
  Finally, if all else fails, get an attorney involved. There's nothing like a threat from a law firm (or at least a related "cc" to them on all correspondence) to make health insurance companies sit up and take notice.
  
  

More about dealing with health insurance companies around the Web:

Fighting health-insurance claim denials

How To Appeal A Denial Of A Health Insurance Claim

How to find a pro bono lawyer

If you're having trouble paying for legal professional advice and representation, there may be no better time than now to seek pro bono services. As the economy continues to tank, layoffs among top law firms finds lawyers in the same boat as everyone else. 

Of course, there's no way to tell if these newly unemployed attorneys will be willing to take on pro bono work as a result of a layoff. But it certainly doesn't hurt to bolster their resumes as they look to join a law firm that's hiring. 

A long-standing pro bono recommendation by the American Bar Association (ABA) states that ethical rules should compel any attorney to contribute to "pro bono" or to "the public good" by logging at least 50 hours a year to pro bono work. Top law firms even in good times will often encourage pro bono work to enhance their firm's standing as good corporate citizens, although the 50-hour per year ideal is a goal rarely met in the real world.

Your local state bar association is a good place to start if you are seeking a lawyer to handle your case without a fee. Statistically, you're in a better position to find a pro bono lawyer in the US if you live in major cities like Chicago, New York, Washington DC, LA or Atlanta where well-heeled law firms are better positioned to take on pro bono cases.

You may also want to check with advocacy groups that fight for kids and families, victims of crime, discrimination, or advocate for immigration and aslyum, etc., which may apply to your particular case.

If you live near a law school that funds a public interest or pro bono program, check to see if there is a community center or law clinic where professional services are offered by students usually under the supervision of a professor.

Finally, don't be afraid to go the old-fashioned route, by asking friends or family members for recommendations. A local clergyman may also be helpful in finding a church member who would be willing to take your case on a pro bono basis. 

More about finding a pro bono lawyer around the Web:

Pro Bono & Legal Aid Services Programs in the US

Directory of Pro Bono Programs

Good Reasons for Legalizing Marijuana?

Set aside for the moment that marijuana possession in small amounts is de facto decriminalized throughout most of America. Will legal sale and distribution of pot inevitably lead to a modern day Sodom and Gommorah?

Federal and state governments are starting to seriously consider whether the issue deserves another look as they search for more creative ways to raise revenue. Rather than spending an estimated $8 billion a year on marijuana law enforcement, shouldn't the government take on the role of regulating and taxing it just like liquor and cigarettes?

This was pointed up most recently by California governor Arnold Schwarzeneger when he broached the subject legalizing marijuana publicly in May. Asked if he favored legalisation, Schwarzenegger told reporters: "Well, I think it's not time for that, but I think it's time for a debate. I think all of those ideas of creating extra revenues are worth considering. I think we ought to study very carefully what other countries are doing that have legalised marijuana and other drugs. What effect did it have on those countries?"

What, indeed? A long list of countries where marijuana has been decriminalized include Belgium, The Netherlands, Spain and Portugal, most of South America and a large swath of Australia.

Meanwhile, in other countries where it is still strictly illegal, (on the books, at least) officials continue to vaguely admit that applicable marijuana laws are hardly ever enforced against casual users. Yet ALL countries where pot use is tolerated still have strict laws against its sale and distribution.

So why the disconnect between users and sellers? Isn't it time we ended the hypocrisy and begin now to regulate and sell pot to help stimulate a billion-dollar farming industry instead of spending billions to fight the illegal drug trade? Police and court resources would be freed up for more serious crimes and drug dealers (including some terrorists) would lose most or all of their business.

Although real concerns about what effects marijuana might have on brain development teens and young adults, positive anecdotal evidence often refutes the traditional "sinful weed from hell" mentality associated with cannibis.

If that's not enough, medical reports published this year showed that alchohol had by far more harmful effects on neurological functions than marijuana. It may be the combined effects of hard research, and the practical considerations of bolstering a failed economy, will force another look at marijuana.

If not, we'll most likely continue down the same road as our forefathers during Prohibition. And we all know how that turned out. In his earliest days in office, FDR helped fix the banks, then legalized booze. How about legalizing marijuana?

More about legalizing marijuana around the Web:

TIME - Why Legalizing Marijuana Makes Sense

Marijuana: The Simple, Logical Benefits of Legalization

Should Marijuana be Legalized under any Circumstances?

Drug Policy Alliance Network - Myths and Facts about Marijuana