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Julie A. Rice, Attorney at Law (770-865-8654)
Attorney at Law; 770-865-8654; Free Legal Consultation
Attorney at Law; 770-865-8654; Free Legal Consultation
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Julie A. Rice, Attorney at Law, & Affiliates

Attorney at Law
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juliericelaw@outlook.com
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Main: (770) 865-8654

1126 Ponce De Leon Ave NE
Atlanta, Georgia 30306


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Julie A. Rice, Attorney at Law, & Affiliates are experts at representing people in many legal issues and cases so please kindly contact us today for your free legal consultation by any or all of the following means by phone at (770) 865-8654 and , by email at juliericelaw@icloud.com. We are here to assist you with your legal situation today so we look forward to hearing from you soon.

Julie A. Rice, Attorney at Law, has been practicing law in the metro Atlanta area and beyond since 1994. During this time, she has represented clients inside and outside of the courtroom in areas, including, but not limited to, Family Law, Alternative Dispute Resolution, Personal Injury, Workers Compensation, Criminal Law, Wills/Trusts/Estate Planning/Special Needs Trusts/Probate Consultation and Representation, Business Formation, Contracts, Civil Litigation, Collections, Medical Malpractice, and Landlord/Tenant Relations. She now devotes 100% of her practice and specializes in the areas of law pertaining to Personal Injury, Workers’ Compensation, Medical Malpractice, Nursing Home Abuse, and Social Security Disability and as such as affiliated herself with the best and finest attorneys and legal experts in these areas of law in which she works tirelessly with these affiliates to achieve the maximum results for all clients in these prominent legal areas.

Attorney Rice has been a member of Good Standing with the Georgia State Bar since 1994, and has been a member of the criminal law, family law, landlord/tenant, alternative dispute resolution, employment law, business law, civil litigation, and equine law sections. She is also the founding partner and former Chief Executive Officer of the Atlanta based company Alternative Dispute Resolution Specialists, LLC, and she is a registered Neutral with the Georgia Office of Dispute Resolution that is governed by the State Bar of Georgia, and is registered in the areas of Domestic Relations Mediation, Arbitration, General Mediation, and Specialized Domestic Violence Mediation. She has over 500 cases of neutral experience as a mediator in her legal career and has successfully resolved disputes involving family law matters, collection matters, landlord tenant issues, personal injury matters, medical malpractice matters, business conflicts, and contractual disputes.

Attorney Rice served as Chief Legal Counsel for the publicly traded corporation Century Business Services, Inc. (CBIZ) whereby her responsibilities included starting up and managing the legal department. The business involved bank owned life insurance (BOLI) and she was, among other things, responsible for drafting, negotiating, and implementing legal agreements between the participant of the plan (usually a bank executive or bank director) and the bank. During her tenure at CBIZ, she drafted over 1,000 legal documents per year, and in one of her final years as Chief Legal Counsel, herself and one legal assistant produced over one half of a million dollars ($ 1,000,000.00) in profit for her legal work. She also assisted outside legal counsel with pending litigation.

Attorney Rice is also a Senior Professor and Subject Matter Expert in the Graduate Program at an accredited university where she has served in this position for nine (9) years where she is a Subject Matter Expert in Conflict Management and she teaches Managing Conflict in the Workplace (Graduate Program) and The Legal Environment (Undergraduate). She is also former Lead Faculty of Law and Ethics at another accredited university where she has taught classes including, but not limited to, Enterprise Risk (Masters in Business Administration), Business Law, Employment Law, Criminal Law, Ethics in Criminal Law, Criminal Procedure, Creative Minds and Critical Thinking, Philosophy, Ethics and the Administration of Justice, Information in a New Tech Age, and University Studies.

Attorney Rice graduated with honors with a Bachelors of Arts degree with a double major in Psychology and Womens' Studies, and a minor in Scandinavian Studies, from the University of Minnesota in Minneapolis, Minnesota in 1990. She obtained her Juris Doctorate in 1993 from William Mitchell College of Law, a private accredited law school in St. Paul, Minnesota, and became a licensed Attorney in the State of Georgia shortly thereafter on June 4, 1994. She can be located in the State Bar of Georgia under Julie A. Rice or Julie A. Hauge Rice, Attorney at Law.

Until recently, she also held her insurance license in the State of Georgia in life, accident and sickness insurance, and her Real Estate License.

At Julie A. Rice, Attorney at Law, and Affiliates, you, our client, is our top priority and we make sure that you feel that way every step of the way. We are experts at representing people in many legal issues and cases so please kindly contact us today for your free legal consultation by any or all of the following means by phone at (770) 865-8654 and (813) 363-6664, by email at juliericelaw@outlook.com, or Contact Us on our website. We are here to assist you with your legal situation today so we look forward to hearing from you soon.

FREE CONSULTATION
(770) 865-8654

PRACTICE AREAS IN GEORGIA

Personal Injury
Workers' Compensation
Medical Malpractice
Criminal Law in Georgia
Identity Theft
Domestic Issues in Georgia
Dental Malpractice including Dental Nerve Injuries
Nursing Home Abuse
Wills / Trusts / Estate Planning / Special Needs Trusts / Probate
Business Formation
Expungements / Restoration of Civil Rights / Pardons
Social Security Disability in Georgia

PRACTICE AREAS IN FLORIDA

Criminal Law in Florida
South Florida Criminal Laws
Vehicular Accidents in Florida
Workers’ Compensation in Florida
Social Security Disability in Florida
Florida Dog Bite and Other Animal Attack Lawyers
Florida Bed Bug Lawyers helping people Nationwide

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1126 Ponce De Leon Ave NE
Atlanta, GA 30306
Main: (770) 865-8654

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3438 East Lake Rd S #14 East Lake Woodlands
Palm Harbor, FL 34685
Main: (770) 865-8654

We serve the following localities: Atlanta, Marietta, Smyrna, Vinings, Brookhaven, East Point, College Park, Chamblee, Decatur, Powder Springs, Forest Park, Mableton, Sandy Springs, Norcross, and Stone Mountain.
Canton, Georgia Injury Lawyer Julie A. Rice, Attorney at Law, & Affiliates Home Contact Atlanta Litigation Attorney Julie A. Rice, Attorney at Law, & Affiliates
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www.disabilityremedies,.com (If you or your employer, under ERISA, have purchased LTD or STD Disability Insurance, or you purchased it privately, and the insurance company refused to pay, the contact us at 770-865-8654 asap as we have the top Attorneys Nationwide in the Industry to seek payment of the amounts that are due; time is money and the money is yours)

Use this link to view the entire page: http://www.juliericelaw.com/julie-a-rice.html

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At Julie A. Rice, Attorney at Law, & Affiliates, 770-865-8654, we represent clients who have been denied Long Term Disability, Short Term Disability, ERISA held, and/or Privately held Disability Benefits after termination of employment and we have team of attorneys that have over 20 year of combined legal experience, and we accept cases Nationwide in offices in both Georgia and Florida, and we accept our cases on a contingency fee so you won't pay anything unless you win your settlement. Don't wait to call as there are strict time limits to your case. Call us today; we look forward to hearing from you soon.

The following is some general information about these types of claims:

How to Appeal a Long-Term Disability Denial

All LTD policies provide for at least one, and often two, levels of administrative appeals, and it is through the appeals process that many workers eventually receive their benefits.

Sometimes we ask many questions in order to match you with the right attorney, such as, does the applicant have a long term disability policy?

If your initial claim for long-term disability (LTD) benefits has been denied by your insurance company, you shouldn't give up. All LTD policies provide for at least one, and often two, levels of administrative appeals, and it is through the appeals process that many workers eventually receive their benefits. While it might seem unlikely that the same insurance company that denied you initially will approve you on appeal, the appeals are evaluated by different claim units who sometimes disagree with the initial decision.

Featured Law Firms In Tampa, FL

If your LTD plan is a group plan provided by your employer, you're required under federal law to exhaust all your administrative appeals if you want to file a lawsuit against your insurance company in federal court. Even if you have an individual plan not governed by federal law, you should still exhaust all your administrative appeals. There's no sense in passing up an opportunity to prevail on your case early in the process, without having to file a lawsuit.

Here are some things to keep in mind if you're planning on appealing a denial of long-term disability.

Read and Understand Your Denial Letter

Your denial letter will address why your claim was denied and how to file an appeal. Pay close attention to the exact reason you're given for denial, as this can affect how you proceed with your appeal. For example, if you were denied because your condition lacked objective documentation, you might want to submit additional x-rays or MRIs.

The denial letter will also discuss the various deadlines and requirements for filing your administrative appeals. A missed deadline or improperly filed appeal can provide an easy excuse for your insurer to deny your claim, so make sure that all your paperwork is submitted on time. Under federal law, your insurer must give you at least 60 days to file an appeal, but many LTD policies allow for more time.

Immediately after you receive your denial letter, you should request, in writing, a copy of your claim file from your LTD insurance company. The insurance company is required to provide you with a free copy, under federal law.
Stack the Administrative Record While You Can

The vast majority of employer-provided LTD policies are subject to a federal law known as ERISA, the Employee Retirement Income Security Act. Under ERISA, once you've exhausted all your administrative appeals, the "record" in your case is closed. This means if your case ends up in federal court because you file a lawsuit against the insurance company, the judge will be limited to considering only the evidence that was in your claim file for the administrative appeals, and not any newly submitted evidence.

It is critical, therefore, that you stack the administrative record with as much favorable evidence as you can while the record is open. What kind of additional evidence should you submit? First, you should make sure that your file already contains all your relevant medical records, including physician notes, radiology and surgical reports, and emergency room records. If anything is missing, you'll need to request it and send it to your insurance company for consideration.
You should also try to obtain an opinion from your doctor on your physical and/or mental limitations. Be sure to ask your doctor specific questions related to your impairments and how they affect your daily activities. Don't just ask your doctor whether he thinks you're "disabled." If your doctor is not willing to help with your case, find a doctor who is willing to help.

Third-party reports from friends and family members can also prove useful, although they should focus on their first-hand observations, not on their opinions about your medical issues or whether or not you're disabled. For instance, if your spouse has to help you get in and out of the car and the shower, he or she should include that detail in a letter to the insurance company.
Finally, keep in mind that your insurer's definition of "disability" can make a big difference in your case. Some policies define disability as an inability to perform any occupation, while others state you're disabled if you can't go back to your own occupation. Check your policy's summary plan description, or even better, the plan document itself for specific information on your plan.
When to Get an Attorney in an LTD Case

The general rule is: the earlier, the better. Insurance companies will not hesitate to use your unfamiliarity with the process against you. One missed deadline will stop your claim in its tracks. Having an experienced ERISA attorney on your side vastly improves your chances of success. He or she will better understand how to craft a persuasive appeal letter to the insurance company and what kind of medical evidence you need to submit. Your lawyer will also be more familiar with doctors and specialists in your area who can potentially help with your case.

These are just the highlights. There are many more innuendos with these case that we will share and you will learn along the way,

www.juliericelaw.com

www.juliericelawblog.com

www.disabilitieremedies.com (you may need this information if you have bought a LTD/STD though the ERISA or Privately and different rules apply to all policies.

770-865-8654; remember that time is of the essence so we look forward to hearing from you soon. Julie A. Rice, Attorney at Law

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California Rolled Out 278 Pages of Marijuana Rules. Here Are Highlights.
California on Thursday unveiled its latest set of marijuana regulations—this time, emergency rules that will guide the legalized recreational market when it opens in January. Here are a few takeaways from the emergency regulations presented to the committee on Thursday.

By Cheryl Miller | November 16, 2017

Photo illustration by Jason Doiy / The Recorder
California on Thursday unveiled its latest set of marijuana regulations—this time, emergency rules that will guide the legalized recreational market when it opens in January.

www.juliericelaw.com; www.juliericelawblog.com; www.disabilityremedies.com

https://www.law.com/therecorder/sites/therecorder/2017/11/16/california-rolled-out-278-pages-of-marijuana-rules-here-are-highlights/?kw=California%20Rolled%20Out%20278%20Pages%20of%20Marijuana%20Rules.%20Here%20Are%20Highlights.&et=editorial&bu=The%20Recorder&cn=20171117&src=EMC-Email&pt=News%20Alert

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Nice try at the problem but it no doubt falls short. The sad part is that there is a demand on both sides: Students/Veteran Attorneys need clients and experience and People in these areas need Attorneys. A seasoned mentor with a dozen to 20 Veterans along with a deal that their student loans (and the mentor's student loans) will be waived during that time (and NOT accrue....gone, zero, so long as they serve on the program) and a stipend for food, housing, and you now have 12 to 20 lawyers ready to work. Sure, they'll be hiccups, but what program doesn't.

By the way, I'll take the job of mentor ~ you can reach me: 770-865-8654.

New Answer to Georgia's Rural Lawyer Shortage: DIY
The solution comes down to this: teach people to do more without a lawyer.

By Katheryn Tucker | November 16, 2017 | Originally published on Daily Report Online

Georgia Supreme Court Justice Nels Peterson Georgia Supreme Court Justice Nels Peterson
Photo by John Disney/ALM

The long-running and worsening shortage of lawyers in rural areas has challenged the profession’s most prominent minds. A Georgia Supreme Court chief justice and a State Bar of Georgia president targeted the gap in recent years only to find it would not budge. A new idea emerged at the “Eliminating Barriers to Justice” conference held at Georgia State University College of Law Wednesday.

The idea: Teach people to do more without a lawyer.

“If we’re looking to expand access to justice, we have to think about access to justice as being more than access to a lawyer,” Georgia Supreme Court Justice Nels Peterson told a full house during a panel discussion.

The lack of lawyers for people who need help with civil matters in underserved areas is about more than law; it’s about economics, transportation, health care and education, the justice said. People in the South Georgia counties with no lawyers, and the many others with only a handful, have more needs than just legal, he said.

“This is such a thorny issue. There are people with real legal needs who simply can’t afford to pay a lawyer,” Peterson said. “For most of the people we’re talking about, you are not competing with King & Spalding for their business.”

Peterson would know. He practiced at King & Spalding between clerking for Judge William Pryor Jr. of the U.S. Court of Appeals for the Eleventh Circuit and serving as chief legal adviser to two governors. Gov. Nathan Deal appointed Peterson to the Georgia Court of Appeals in January 2016 and the Supreme Court in 2017. Peterson is also a Harvard Law School graduate and a prolific legal writer.

On Wednesday he shared the stage with a woman from Albany who represents the state bar leaders’ hopes to help close the justice gap. If the new solution to access to justice is “do it yourself,” she would seek to be the guide.

Laureen Kelly is a lawyer, but that’s not really why she was there. She created and expanded a law library in the Daugherty County Courthouse, where she works daily providing research and assistance to people who can’t find or can’t afford a lawyer. She serves on the State Bar of Georgia Access to Justice Committee, which has won a grant to address the rural lawyer shortage. The plan is to use the grant to expand Kelly’s library and make it a pilot project for other parts of the state to copy.

If people in Atlanta or other cities don’t fully understand the needs of rural areas, Kelly seeks to be the translator. When people asked why the state can’t simply provide more legal aid lawyers, Kelly explained that often those who come to her for help do not meet the low-income requirements for legal aid help, but they don’t have the money to pay a lawyer either. Or they do meet the guidelines, but they have a need that legal aid lawyers aren’t allowed to handle such as divorce. Or the legal aid lawyers are already overbooked.

When someone asked why people in underserved areas don’t just use their computers and broadband internet to get help online, Kelly explained than many of the people who walk into her second-floor library don’t have laptops and tablets. A significant number of them can’t read or write, she said.

“They literally need someone to sit with them, pull up the forms and tell them ‘your name goes here,’” she said. Sometimes they have other needs to address. She talked about providing food for a diabetic who was about to faint from low blood sugar in the midst of dealing with a stressful legal problem.

With the pilot project underway, Kelly’s library is adding space and resources. She now has an assistant to help, along with a cadre of passionate volunteers she has recruited. “They say it’s addictive,” she said.

But “do it yourself” law with help runs into another potential problem: unlicensed practice of law, which is illegal.

Charlie Lester, a past president of the state bar and chairman of the bar’s Justice for All task force, told the conference that the bar is going to have to address the “unlicensed practice implications” in order to promote the law library model.

While Kelly is a licensed lawyer, not every librarian or volunteer would be.

Lester noted that many courts routinely see 60 percent to 90 percent of parties unrepresented.

“We’re never going to have a system that provides a lawyer for everybody,” Lester said. “There are not enough lawyers, even though a lot of people say there are too many, and there probably are.”

Still, with DIY and help from Kelly’s law library model, Lester said the goal for access to justice can be 100 percent.

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Katheryn Tucker

Katheryn Tucker
Katheryn Hayes Tucker is an Atlanta based reporter covering legal news for the Daily Report and other ALM publications.

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https://www.law.com/dailyreportonline/sites/dailyreportonline/2017/11/16/new-answer-to-georgias-rural-lawyer-shortage-diy/?kw=New%20Answer%20to%20Georgia%27s%20Rural%20Lawyer%20Shortage:%20DIY&et=editorial&bu=Daily%20Report&cn=20171117&src=EMC-Email&pt=Morning%20News

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This is a start. There aren't too many places you can go and not read, hear, see, or feel the difference in the air and I am going to call that difference change. It might be subtle at times, louder at others, but it's a change.

Stay strong sisters ~ our time is long, long overdue! Please see below b/c you know you've made it when there's an app for that!!!! Seriously, we have lots of work to do to break free from these chains but an app is a start, and we all have to start somewhere!

ALM MORNING MINUTE | LAW.COM
November 16, 2017

SPONSORED BY
NAM
WHAT YOU NEED TO KNOW
APP FOR THAT – Silicon Valley’s Wilson Sonsini Goodrich & Rosati is helping to launch AllVoices, an online tool that aims to make it easier for men and women to come forward and report instances of sexual misconduct in the workplace. AllVoices is led by Claire Schmidt, vice president of technology and innovation at Twentieth Century Fox Film Corp., who is poised to leave the movie studio to serve as CEO of AllVoices. The company is in the process of closing out a $2 million round of funding led by several prominent Silicon Valley executives and Wilson Sonsini, which last month installed Katharine Martin as chair of its board. As Meghan Tribe reports, the tool enables employees to bypass the human resources departments and to report harassment and discrimination directly to CEOs and company boards. READ MORE HERE

GETTING OLD SUCKS – But it’s inevitable, and yet few want to contemplate it, including leaders of law firms, which are sorely lacking in succession plans. Almost half of the 100 law firm leaders responding to an ALM Intelligence survey said they did not have a strategy for a change in law firm leadership. As Meghan Tribe reports, their lack of planning is in direct contrast with the advice they give their clients. Those leaders may also think they’re irreplaceable. The main reason they gave for having no plan was that they couldn’t identify appropriate successors. READ MORE HERE

SPONSORED BY NAM (NATIONAL ARBITRATION AND MEDIATION)
Ending Gender and Minority Bias in ADR Selection through Education - For too long, countless articles, reports, and surveys have been written and discussed addressing the inequality of women and other underrepresented groups of attorneys in Alternative Dispute Resolution (ADR). Although sincere, these reports have failed to move the needle in the continued disparity of gender and racial imbalance in the selection of neutrals in high-stakes, complex, commercial ADR cases. READ MORE (use link below)

REPPING BIG PHARMA – State and local governments are trying to hold drug companies that marketed opioid painkillers accountable for the nation’s addiction crisis. It’s not quite Big Tobacco all over again. But it is a major headache for some major corporations. With suits pending from California to Wisconsin, Kristen Rasmussen looks at who’s handling the industry’s defense. READ MORE HERE (see link below)

DAMNED IF YOU DO – Republican Sen. Ted Cruz is fuming over the ABA’s role generally in vetting federal judicial nominees and, in particular, its “unqualified rating” of Steven Grasz of Nebraska, a nominee to the U.S. Court of Appeals for the Eighth Circuit. At a hearing Tuesday, Pamela Bresnahan, a Washington, D.C. litigator and member of the ABA’s Board of Governors, defended the organization’s peer review process as unbiased and apolitical. But Cruz said the group’s justification for sticking Grasz with its first unqualified rating in more than a decade was Kafka-esque. “You said he failed to identify his own lack of objectivity. Now, of course, if he did identify his own lack of objectivity, that would make him unqualified to serve on the bench.” READ MORE HERE

RIPPED FROM THE HEADLINES – Relying heavily on reporting by “The New York Times” and “The New Yorker,” lawyers at Seattle plaintiffs firm Hagens Berman Sobol Shapiro have filed a federal racketeering class action in Los Angeles against Harvey Weinstein, The Weinstein Co. and Miramax. The RICO suit alleges that Weinstein, the companies that employed him and the lawyers who protected him comprised a criminal “sexual enterprise.” As Ross Todd reports, more than a few law firms make cameos in the 58-page complaint. READ MORE HERE

WHILE YOU WERE SLEEPING
MORE BIG 4 – Two partners from U.K. law firms are headed to KPMG to ramp up its legal services offerings across the region. Alex Berry reports that Richard Lewis, an M&A partner who has spent the last six years at Eversheds, will head the accounting firm’s London corporate legal team. Meanwhile, Shoosmiths partner Emma Gibson, who led that firm's corporate group, has joined KPMG to establish a legal services hub in Berkshire as it targets more legal work across southern England. Deloitte, EY, KPMG and PwC have invested heavily in their legal services arms in recent years and now employ about 8,500 lawyers globally. READ MORE HERE


WHAT YOU SAID


From a personal perspective, I think we are frightened of targets and quotas, and we shouldn’t be. That should be the debate on the table.

SANDRA WALLACE, DLA PIPER’S UK MANAGING PARTNER, ON HOW TO INCREASE DIVERSITY IN BIG LAW AND THE CHALLENGES FACING MINORITY LAWYERS.

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At Julie A. Rice, Attorney at Law, & Affiliates we represent people who are seeking Long Term, Short Term, ERISA, and Private Disability Insurance Benefits in large part Long Term Disability Claims Due to Back Pain. We have over 20 year of collective legal experience in this field of work and we are here to help. We will get involved in a case at the beginning at an hourly rate. Since this amount tends to be cost prohibitive for most people, we tend to get involved after the first insurance claim denial. If we agree to take the case at this juncture, then we usually take the case on a contingency fee basis meaning that we don't collect a fee until we win your settlement and you collect a fee; you are responsible for expenses but those come out of the total settlement and we'll discuss this with you in detail at your retainer meeting.

Many people, lay people, construction people, professional people, sit behind the desk people, on their feet all day people, in door people, and out door people all have one of the most common causes for filing a short or long term disability insurance claim is due: "Back Pain.” Although this encompasses a wide range of conditions – from disc herniations and bulges to soft tissue disorders and fibromyalgia – insurance companies will evaluate entitlement to benefits as a result of back pain in the same manner regardless of the medical basis for the pain. Complicating the insurance company evaluation further is the fact that the overwhelming majority cases of back pain are due to an unknown etiology, or more simply put – the doctors are not quite sure what the root cause of the pain actually is. In light of this conundrum, insurance companies will often view a claim based on back pain as simply one of “self-report” with no objective evidence to support a level of impairment that would result in disability.

What objective evidence supports a claim due to back pain?

When filing a claim for disability benefits it is imperative to try to provide as much “objective” evidence to support your complaints of pain. The most common forms of objective medical evidence used to diagnosis a person’s complaints of back pain include MRI’s, CT Scans, X-Rays and in instances of radiating pain, EMG and Nerve Conduction Studies. Although having positive test results is not a requirement to receiving disability benefits, positive findings on these tests will greatly assist in the presentation of your claim to an insurance company. This is becoming increasingly true in light of disability insurance policy trends that see the addition to policies of more language that limits claims due to pain to a maximum 24 months of benefits. Many insurance companies now write limitations in policies for “self-reported symptoms” or “neuromuscular, musculoskeletal, soft tissue disorder conditions” that are meant to limit the amount of disability benefits you will receive in the absence of requisite objective medical evidence to support your complaints.

Will my claim be approved if I have positive findings on objective medical tests?

Unfortunately, no. Even with positive findings on objective medical testing, that, in and of itself, will not guarantee that a disability insurance claim will be approved. Insurance company doctors will certainly look to minimize the level of impairment a person experiences regardless of test results. As the experience of pain is completely unique to the individual and there is no way to objectively measure pain, a person’s report of pain will always be based on their subjective complaints. Due to this fact, the insurance company and its doctors will acknowledge findings on MRIs but will often argue that the findings would not support the level of the claimant’s subjective complaints of pain, and in turn would not result in restrictions and limitations that would prevent work.

Objective medical evidence does provide a firm foundation with which to argue why restrictions and limitations relating to work ability are appropriate; however, there still has to be a nexus drawn between the objective medical evidence and establishing and proving functional restrictions and limitations that would prevent you from performing your occupational duties.

What can I do if I don’t have strong objective medical evidence to support my claim?

Regardless of objective medical evidence in your file, one of the most important aspects of establishing a claim for disability due to back pain is the contents and detail in your medical records. Your doctor needs to be accurately and comprehensively documenting your medical records as it relates to your condition. Doctors are not trained to write medical records to satisfy a disability insurance carrier and we often see instances where despite medical evidence and history, a doctor does not document items such as range of motion, bending, the site of the pain, side effects of medication, etc. In the absence of this information in your records an insurance company will assume that you are not having issues related to same.

Another issue that often arises in medical records stems from the automation of many of the records maintained by doctor’s offices. Quite often when entering a record for a patient the record system will have a series of boxes to be checked by the doctor as part of their exam. It is not uncommon for these “checked boxes” to contradict the written notes in the medical record relating to the patient’s complaints. In turn, the insurance companies will often use these contradictions as a basis to undermine a disability claim.

*

As disability claims due to back pain are so prominent, disability insurance carriers have many tactics with which to deny a claim for benefits. Knowing what will be needed to put your claim in the best position for success can help nullify these tactics. Proper presentation of your disability insurance claim for back pain or conditions that cause back pain is crucial to your success in having your disability benefits approved. Please feel free to contact our office at 770-865-8654 to discuss how we may be able to assist you.

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At Julie A. Rice, Attorney at Law, & Affiliates, 770-865-8654, we represent clients in both Florida and Georgia from the cities of Tampa and Atlanta to the suburbs of Cobb, DeKalb, Gwinnett, and Clayton Counties in Georgia to Pinnellas, Safety Harbor, and Palm Harbor, and we accept cases of both Children and Adults and at all levels of the process. We offer a free legal consultation and our Affiliates have over 20 years of collective experience. We look forward to speaking with you soon.

Is it Medicare or Medicaid?

Posted on November 16, 2017 by Jim Borland, Acting Deputy Commissioner for Communications

A lot of people have a difficult time understanding the difference between Medicare and Medicaid. Both programs begin with the letter “M.” They’re both health insurance programs run by the government. People often ask questions about what Medicare and Medicaid are, what services they cover, and who administers the programs.

Let’s start with Medicare. Medicare is the earned-benefit program for Americans aged 65 or older or disabled. Workers pay into Medicare throughout their working years. The Centers for Medicare & Medicaid Services is the agency in charge of both Medicare and Medicaid, but you sign up for Medicare A (Hospital) and Medicare B (Medical) through Social Security.

You can apply for Medicare online from the convenience of your home at the link on our website: www.socialsecurity.gov/medicare/. If you’re already receiving Social Security retirement benefits when you reach age 65 or are in the 25th month of receiving disability checks, we will enroll you automatically.

Medicare Part C (Medicare Advantage) and Part D (Prescription Drug) plans are available for purchase in the insurance marketplace. Social Security administers a program called Extra Help to help people with low income and low resources pay for premiums, co-pays, and co-insurance costs for Part D plans. You can find out more about Extra Help and file for it at

www.socialsecurity.gov/medicare/prescriptionhelp. Each year, The Centers for Medicare & Medicaid Services publishes Medicare and You available online at their website at www.medicare.gov/medicare-and-you/medicare-and-you.html. This publication is a user’s manual for Medicare.

Each state runs its own Medicaid program under guidance from the Centers for Medicare & Medicaid Services. Medicaid offers care for the most vulnerable among us. While it does not require paying taxes while working, it does have guidelines about how much income and resources you can have to qualify. Medicaid provides coverage for older people, people with disabilities, and some families with children. Each state has its own eligibility rules and decides which services to cover. The names of the Medicaid program may vary from state to state. You can read about each state’s Medicaid program at www.medicaid.gov/medicaid/by-state/by-state.html. You can find each state’s Medicaid contact information at www.medicaid.gov/about-us/contact-us/contact-state-page.html.

Medicare and Medicaid are two of the major insurance programs that provide healthcare to the American public. Understanding each program, as well as how the two programs differ, can help you and those you care about find the right healthcare program.

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This entry was posted in Disability, Medicare and tagged disabilities, Disability, disability benefits, healthcare, healthcare plans, insurance programs, medicaid, medicare, Medicare Part A, Medicare Part B, medicare part c, medicare part d by Jim Borland, Acting Deputy Commissioner for Communications. Bookmark the permalink.

About Jim Borland, Acting Deputy Commissioner for Communications

Jim Borland, Acting Deputy Commissioner for Communications
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It's a Sign O The Times ~

Interpreters Play Starring Role in ‘Eliminating Barriers to Justice’

“Justice is going to be best served when everyone understands it,” said Jana J. Edmondson-Cooper, a bilingual trial lawyer and member of the Supreme Court Commission on Interpreters.

By Katheryn Tucker | November 15, 2017 | Originally published on Daily Report Online

Judge Dax Lopez, Jana J. Edmondson-Cooper and Talley WellsJudge Dax Lopez, Jana J. Edmondson-Cooper and Talley Wells on a panel discussing comprehensive Georgia A2J policies update. (Photo: John Disney/ ALM)
Judges and lawyers discussed where interpreters are needed and how to put more of them into courtrooms—as well as to make sure they’re qualified. Georgia Supreme Court Chief Justice P. Harris Hines and State Bar of Georgia President Buck Rogers opened the event and highlighted the key role the interpreter plays.

“Justice is going to be best served when everyone understands it,” said Jana J. Edmondson-Cooper, a bilingual trial lawyer and member of the Supreme Court Commission on Interpreters who co-founded the annual conference, helped organize the event and spoke on two of the three panel discussions.

“One of the most important parts of my job is making sure people are treated fairly,” Fulton County State Court Judge Susan Edlein said. “That includes making sure they understand.” But, Edlein added, with so many people speaking so many languages, finding a qualified or certified interpreter can be difficult. Yet the stakes are high. Judgments have been overturned on appeal because interpreters were either not available or not accurate.

Edlein recalled a scenario where two native Korean speakers—witness and interpreter—were going on at length in a conversation no one else in the courtroom could understand.

Translation: “He said yes.”

“No, he said more than that,” the judge replied.

“He was using curse words,” the interpreter answered.

“You have to use those words,” Edlein said.

“I can’t cuss in court,” said the interpreter.

The judge’s answer: “You’re not cussing. He’s cussing.”

David Hoover, a federally certified interpreter with the U.S. District Court for the Northern District of Georgia, said the No. 1 way to tell if an interpreter is not getting it right is resorting to third person instead of first person. The interpreter should be speaking as if he or she is the witness or defendant. Perfection is almost impossible, so it’s important for interpreters to speak up clearly and tell the court when they didn’t understand something, he said.

Until recently, one of the challenges for lawyers working with non-English speaking clients or witnesses was that the rules for Georgia courts did not require judges to provide interpreters. The only rule applied addressed pretrial orders in civil cases. But it did not require that the court cover the cost. And it said if an interpreter is not available, the witness can be excluded.

“That’s really bad,” DeKalb County State Court Judge Dax Lopez. “That’s not a good rule.” Lopez changed the rule. It took two years and many rounds of changes from judges and Georgia Supreme Court justices—including additional comments this year when Gov. Nathan Deal added three more members to the high court.

The new rule does require courts to provide interpreters where needed. Lawyers who once reported that when they told judges they have to provide an interpreter, some said, “No. I don’t,” now have a tool. As Lopez put it, “Rule 7.3’s got your back.”

Lopez drew applause on that point, and also on the mention that the judge, who was born in Puerto Rico, holds some DUI courts entirely in Spanish.

Katheryn Tucker

Katheryn Tucker
Katheryn Hayes Tucker is an Atlanta based reporter covering legal news for the Daily Report and other ALM publications.

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https://www.law.com/dailyreportonline/sites/dailyreportonline/2017/11/15/interpreters-plan-starring-role-in-eliminating-barriers-to-justice/?kw=Interpreters%20Plan%20Starring%20Role%20in%20%27Eliminating%20Barriers%20to%20Justice%27&et=editorial&bu=Daily%20Report&cn=20171116&src=EMC-Email&pt=Afternoon%20News

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The following is a story from the Fulton County Daily Report:

Jury Returns $247M Verdict Against DePuy in Case Over Hip Implant Defect
Johnson & Johnson got hit with a $247 million verdict on Thursday in the fourth bellwether trial over its hip implants. A federal jury in Dallas…

By Amanda Bronstad | November 16, 2017

Mark Lanier.
Johnson & Johnson got hit with a $247 million verdict on Thursday in the fourth bellwether trial over its hip implants.

A federal jury in Dallas awarded $78 million in compensatory damages and $168 million in punitive damages to six people who sued over its Pinnacle hip implants, made by subsidiary DePuy Orthopaedics Inc. About 9,300 similar lawsuits have been consolidated in multidistrict litigation before U.S. District Judge Ed Kinkeade. Previous bellwether trials have ended in one defense verdict in an individual case and awards of $1.04 billion and $502 million in trials featuring a group of plaintiffs.

The jury, which deliberated for 14 hours, found that both Johnson & Johnson and DePuy were negligent and strictly liable for the defective design and manufacture of the hip implants, which caused pain and other problems in patients. Jurors also found they failed to warn about and concealed those issues and made misrepresentations to surgeons about the safety of the products. The trial was particularly contentious among the lawyers, which included lead plaintiffs attorney Mark Lanier from The Lanier Law Firm in Houston and Johnson & Johnson counsel John Beisner, a Washington D.C. partner at New York’s Skadden, Arps, Slate, Meagher & Flom. The trial even featured allegations of witness tampering — though the judge in the case barred jurors from hearing that testimony.

“We thank this jury for sending a very strong message about the responsibility the defendants have to take care of their consumers,” said Lanier in a statement. “Unfortunately, it took the defendants putting the plaintiffs through burdensome litigation before justice could be served. The companies should have done the right thing when these serious medical concerns became known many years ago.”

DePuy spokeswoman Stela Meirelles said in a statement that the company would appeal immediately.

“We acted appropriately and responsibly in the development of ULTAMET Metal-on-Metal, and the device is backed by a strong record of clinical data showing reduced pain and restored mobility for patients suffering from chronic hip pain,” she wrote.

Johnson & Johnson has appealed the two previous verdicts, raising a host of arguments such as jurisdiction, the use of consolidated trials, “inflammatory rhetoric” and accusations that Lanier concealed payments to expert witnesses. The U.S. Court of Appeals for the Fifth Circuit has scheduled oral arguments in the $502 million verdict appeal for Dec. 4.

Before the latest trial began, DePuy had filed a petition for writ of mandamus, arguing that Kinkeade, of the Northern District of Texas, had improperly imposed jurisdiction in the trial. Johnson & Johnson is based in New Jersey, and the plaintiffs were all from New York.

On Aug. 31, two of three judges on a Fifth Circuit panel refused to grant the petition but found Kinkeade had committed “grave error” in allowing certain trials to take place before him, including this upcoming trial. Beisner referenced that ruling in a statement on Thursday.

“This verdict is a pyrrhic victory for plaintiffs, particularly given the Fifth Circuit’s pre-trial ruling that the MDL court committed ‘grave error’ in determining that it had jurisdiction to hold this trial in the first place,” he wrote. He also indicated that a settlement was unlikely.

“This nine-week trial was a disservice to everyone involved because the verdict will do nothing to advance the ultimate resolution of this six-year old litigation,” he wrote.

Amanda Bronstad
Amanda Bronstad is the ALM staff reporter covering class actions and mass torts nationwide. She is based in Los Angeles.

www.juliericelaw.com

www.juliericelawblog.com

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https://www.law.com/texaslawyer/sites/texaslawyer/2017/11/16/jury-returns-247m-verdict-against-depuy-in-case-over-hip-implant-defect/

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Now THAT'S a step in the right direction! I was a Women Studies' Major in College. If you have to ask, then I get it and just move on b/c if women are really serious about setting the record straight there shouldn't be too many questions like, "What's Women's Studies?" "What about Men's Studies?" Augh!!!!

This is progress!!! Come on ~ let's strike while the iron is hot!!!!

Wilson Sonsini Invests in New Sexual Harassment Reporting App
AllVoices, a startup that seeks to help employees bypass their human resources departments to report sexual misconduct in the workplace, has received funding from the Am Law 100 firm and several other investors.

By Meghan Tribe | November 15, 2017 | Originally published on The Recorder

Amid an avalanche of sexual harassment allegations that has turned upside down Hollywood, Washington, D.C., and nearly every hamlet in between, a high-powered law firm known for its Silicon Valley ties has teamed up with several other investors to back a new tool that seeks to turn the tide against workplace harassment.

Wilson Sonsini Goodrich & Rosati, which late last month installed a new female leader in corporate partner Katharine Martin, is helping to launch AllVoices, an online tool that seeks to make it easier for men and women to come forward and report instances of sexual misconduct in the workplace.

Claire Schmidt, vice president of technology and innovation at Rupert Murdoch-owned Twentieth Century Fox Film Corp., is poised to leave the Los Angeles-based movie studio to serve as CEO of AllVoices, according to various media reports. The startup developed by Schmidt will allow users to bypass the human resources department of their employer to report harassment and discrimination directly to CEOs and company boards.

Employees using the services of AllVoices will be permitted to anonymously report instances of harassment, discrimination or bias—either experienced or witnessed—directly to the CEO and board of their respective company. In a blog post, Schmidt explained that AllVoices will aggregate reports filed on its website about a certain company and deliver that information to CEOs and boards without any personal or identifiable information.

“We believe that this increased transparency and accountability will help companies see that they must take action, and help them prioritize what to do first,” Schmidt wrote in her post.

Yahoo Finance and the Los Angeles Business Journal reported this week that AllVoices is in the process of closing out a $2 million round of funding led by Wilson Sonsini and several prominent Silicon Valley executives, including Sean Rad, founder and chairman of online dating app Tinder Inc.; Spencer Rascoff, CEO of online real estate database Zillow Group Inc.; and former Amazon.com Inc. and Google Inc. executive Sukhinder Singh Cassidy.

Susan Fowler, a former engineer at Uber Technologies Inc. who earlier this year blew the whistle about a hostile work environment for women employed by the ride-sharing giant, is serving as an adviser to AllVoices. Gender discrimination and bias claims, which have recently gained new prominence in Big Law, have become a particular problem in the technology industry, as noted in a feature story in the current issue of The New Yorker.

Wilson Sonsini declined a request for comment about its investment in AllVoices. The firm, however, has a long history of making investments in startup companies. Earlier this year, The Recorder noted that Wilson Sonsini was one of the first large law firms based in the Bay Area to create partnership investment funds. (Google, a longtime Wilson Sonsini client, remains one of the firm’s most profitable investments.)

As for AllVoices, the Santa Monica, California-based startup shares a name with San Francisco-based Allvoices Inc., an online platform that connects story writers with readers.

Roberto Ledesma, a Brooklyn, New York-based lawyer with intellectual property boutique Lewis & Lin listed on trademark filings for Allvoices, did not immediately return a request for comment about whether that company had any relationship with Schmidt’s startup.

A spokesman for AllVoices also did not return a request for comment on the matter.

Meghan Tribe
Meghan Tribe is a reporter covering the changing face of Big Law, from lateral moves and work-from-home programs to diversity initiatives. Contact her at mtribe@alm.com. On Twitter: @TribeMeghan

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To read the entire article and access the links thereto: https://www.law.com/sites/therecorder/2017/11/15/wilson-sonsini-invests-in-new-sexual-harassment-reporting-app/?kw=Wilson%20Sonsini%20Invests%20in%20New%20Sexual%20Harassment%20Reporting%20App&et=editorial&bu=Law.com&cn=20171116&src=EMC-Email&pt=AfternoonUpdate
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