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Month: November 2019

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Happy Thanksgiving Everyone!

Topics: From Our Office

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[vc_row][vc_column][vc_column_text]From everyone at the Law Offices of Scott Warmuth, have a happy Thanksgiving holiday! Stay safe this busy weekend - use your seat belt and do not drink and drive! Please note that our offices will be closed this Thursday and Friday.[/vc_column_text][/vc_column][/vc_row]
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Eligibility Requirements for SSDI

Topics: Workers' Compensation

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[vc_row][vc_column][vc_column_text]There is often confusion about the eligibility requirements when applying for Social Security Disability Insurance (SSDI) benefits.  The vast majority of injured workers who file a workers' compensation claim will not be eligible for SSDI benefits.  SSDI is only for injured workers who are no longer able to work at all.  Specifically, the Social Security Administration (SSA) defines disability as "the inability to engage in any substantial gain activity by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months." The definition of disability used to determine SSDI eligibility is significantly different than the definitions of temporary disability or permanent disability in workers' compensation claims.  Most workers who receive permanent disability ratings in a workers' compensation claim are usually able to continue working in some capacity.  SSDI applicants must show that they cannot work in any capacity and have a limited ability to earn income.  In 2019, the monthly income limit for SSDI recipients is $1,220. The full list of disabilities that qualify for SSDI benefits can be found here.  If a specific disability is not listed explicitly, a special government agency knows as Disability Determination Services will decide if the disability is just as severe as the disabilities that are listed. In addition to a provable, severe disability that prevents the ability to work for more than a year, SSDI benefit eligibility also requires a history of work.  SSDI applicants must have enough 'work credits' with SSA to be eligible for SSDI benefits.  Work credits are earned through paying taxes.  Have you ever wondered what "Social Security Wages" on your W-2 form are?  Work credits are earned by paying taxes on your Social Security wages.  These taxes are generally withheld from your paycheck under the label SOC SEC EE.  In 2018, for every $1,320 in Social Security wages, you earned a work credit.  You can earn up to 4 work credits a year.  To qualify for SSDI, you need a certain number of work credits earned over your lifetime and a certain number of work credits earned in recent years. An experienced SSDI attorney can help you determine if you are eligible for disability benefits and help you apply for those benefits.  The Law Offices of Scott Warmuth's dedicated team of SSDI experts can even help you appeal a denied claim.  Call us today at 888-517-9888 to receive a free consultation.[/vc_column_text][/vc_column][/vc_row]
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The Rain Returns – Wet Weather Driving Tips

Topics: Auto Accident

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[vc_row][vc_column][vc_column_text]It's back!  The first rain of the season is expected to strike overnight Tuesday and snarl Wednesday's morning rush hour commute.  Rain, especially the first rain after an extended dry period, will make the roads slick and poses extra danger for drivers.  Being prepared for the oncoming storm can help keep you safe while driving.  The number of reported accidents multiply during rainy weather, but following some simple rainy driving tips can reduce your risk. Prepare for the Drive If you know it's going to rain, be sure to check your windshield wipers, brakes, and headlights for any defects.  Barely-functioning windshield wipers or cloudy headlights can greatly harm visibility and worn brakes can make it difficult to make an emergency stop.  Be sure to allow extra time to get where you're going. Brake Earlier than Normal It takes a longer time for your vehicle to come to a stop in wet conditions.  Braking too suddenly in slippery conditions can cause you to lose control of your vehicle.  Beginning a braking maneuver early reduces the risk of stopping too late to avoid a collision or spinning out. Drive Slower than Normal Driving slower in wet weather can prevent situations where you're forced to come to an immediate stop.  With lower visibility comes slower reaction times and less time to stop.  Driving more slowly can counteract that. Leave More Space Between Cars than Normal Tailgating in the rain is can lead to a crash.  As it takes longer to stop in wet conditions, it's advised to leave a larger space than normal between vehicles. Turn On Headlights Other vehicles will be able to see you much easier in the rain if you have your headlights on.  If your windshield wipers are on your headlights should be on. But Leave your High Beams Off High beams can make it harder to see in rainy conditions and could pose a blinding danger to other drivers. Don't Drive Through Puddles or Standing Water Puddles and standing water can be hiding dangerous debris or potholes.  Attempting to drive through them can cause damage to your vehicle, but can also result in hydroplaning.  Hydroplaning is when your tires are not in contact with the road, but instead the water on the road.  If this happens, avoid braking, as it could cause you to lose control of the vehicle.  Only take your foot off the gas pedal until you regain control. If a vehicle not following these wet-weather safety tips hits your vehicle, call the Law Offices of Scott Warmuth Our car accident lawyers can help you seek medical care and financial compensation if you are the victim of an unsafe driver.  We offer 100% free consultations, so call us today at 888-517-9888![/vc_column_text][/vc_column][/vc_row]
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Uber Self-Driving Cars were Not Programmed to Stop for Jaywalkers

Topics: Auto Accident, Personal Injury

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[vc_row][vc_column][vc_column_text]When an Uber autonomous vehicle struck and killed a pedestrian in Tempe, Arizona last year, a debate over the safety of the driver-less cars erupted.  As reported at the time, the circumstances of the collision were unusual, leading to questions about the ability of self-driving cars to identify unexpected obstacles and situations.  In the Tempe incident, it turns out that the self-driving vehicle didn't have a problem identifying the pedestrian, and even identified that an emergency braking maneuver should have been used before the collision.  Emergency braking maneuvers, however, were disabled. Read the preliminary report from the National Transportation Safety Board (NTSB) here. The release of the NTSB report has raised questions about the difficulties autonomous vehicles may have in identifying unexpected obstacles on the roads.  According to the report, the victim was identified by the vehicle nearly 6 seconds before the crash.  The victim was first identified as an unknown object, then a vehicle, and then as a bicycle.  Each of these classifications has an expected behavior and travel path, with self-driving software determining the most likely scenario.  The software determined that an emergency braking maneuver should have been taken 1.3 seconds before the collision.  Even if emergency braking was turned on, the vehicle would have only had 1.3 seconds to decelerate from 43 mph to 0 mph to avoid a collision, which was unlikely to occur.  The collision, however, would have been at a lower velocity.  NTSB believed that the pedestrian would have survived the collision if the vehicle had performed an emergency braking maneuver.  Emergency braking was disabled to prevent erratic driving during vehicle testing. Certainly, the unique circumstances of the situation were factors in the Tempe incident.  However, the makers of autonomous vehicles will need to account for nearly every possible situation that may arise before the public will fully accept the new technology. The Law Offices of Scott Warmuth helps the victims of car accidents pursue financial compensation for their injuries.  For a free injury consultation, call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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Supreme Court Hears Arguments in DACA Cases

Topics: Immigration

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[vc_row][vc_column][vc_column_text]The US Supreme Court heard oral arguments today over whether or not the Trump administration could end the program that has helped hundreds of thousands of undocumented young people brought into the country when they were children.  That program, Deferred Action for Childhood Arrivals (DACA), provides work authorization and deportation protection to nearly 700,000 people.  The Trump administration argued that they have the right to end the program unilaterally. The headlines generated by the court case after oral arguments does not look promising for DACA recipients, also known as Dreamers, hoping to renew their legal status after their protections expire. Politico: Dreamers get little traction with Supreme Court’s conservative justices Forbes: Supreme Court Seems Ready To Let Trump End DACA NBC: Supreme Court appears inclined to let Trump end DACA program USA Today: Supreme Court leans toward Trump plan to end DACA program for nearly 700K undocumented immigrants Vox: One way or another, the Supreme Court is likely to let Trump end DACA The Supreme Court case is a consolidation of three separate cases: Department of Homeland Security v. Regents of the University of California, Trump v. NAACP, and McAleenan v. Vidal.  A ruling in the case is not expected for several months.  If the Supreme court does rule that the Trump administration can end DACA, recipients will no longer be able to renew their DACA protections.  When their protections expire, they will no longer be able to work and could be subject to deportation. While the case is being decided, it is extremely important for DACA recipients to pursue legal status in the United States through any other possible methods.  The Law Offices of Scott Warmuth can help DACA recipients determine if they have a pathway.  Call our immigration attorneys today at 888-517-9888 for a free consultation.[/vc_column_text][/vc_column][/vc_row]
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Press Release: Vaping, E-Cigarettes, and Teen Addiction

Topics: Events, From Our Office, Personal Injury

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[vc_row][vc_column][vc_column_text]Press Conference on Vaping, E-Cigarettes, and Teen Addiction Vaping products can result in crippling addiction and dependency, serious injury, and even death The Law Offices of Scott Warmuth will hold a press conference on the topic of vaping, electronic cigarettes, youth addiction, and the harm to society next Tuesday, November 12 at 1:00 pm. Vaping and e-cig products have created alarming addiction problems resulting in a predisposition to addiction of all types as well as severe health issues, including lung injuries and even death.  Electronic cigarette companies have used novel marketing techniques to attract the attention of young people, directly leading to youth abuse of e-cigarettes and subsequent addiction and health problems.  The CDC has just released a report on the mysterious vaping illness that has sickened thousands.  Vitamin E acetate, an additive to certain vaping cartridges, was found in the lungs of 29 people who have died from the vaping-related lung illness. Our law firm is seeking to help young victims and their families pursue monetary damages from e-cig makers for their negligence.  We will represent our client's best interests and fight for their rights. We invite all of our friends in the media to attend our press conference.  If you have any questions, please email Miranda An or call 626-282-6868. Speaker: Thomas Johnston (Trial Attorney and Partner at Johnston & Hutchinson LLP, Member of the Scott Warmuth Stop Vaping Task Force) Location: Law Offices of Scott Warmuth City of Industry Office Address: 17700 Castleton St #168, City of Industry, 91748 Time: Tuesday, November 12 at 1:00 pm[/vc_column_text][/vc_column][/vc_row]
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Rule Requiring Immigrants Have Health Insurance Put on Hold

Topics: Immigration

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[vc_row][vc_column][vc_column_text]A federal judge issued a temporary restraining order on Saturday preventing a Trump administration policy requiring immigrants have health care insurance from taking effect this past Sunday.  President Trump issued a proclamation last month that, when in effect, would prevent immigrant visas from being issued to immigrants who could not prove they have health insurance coverage or the ability to pay for "reasonably foreseeable medical costs".   Experts estimated that the rule change could reduce legal immigration by up to 65 percent. The temporary restraining order prevents the Trump administration from enforcing the rules of proclamation while the case is heard in court.  Arguments in the case should begin soon.  The restraining order is in place for 28 days while the plaintiffs make their case.  If the proclamation were to take effect, it is not clear how the new policies would be implemented.  The proclamation does not identify what constitutes "reasonably foreseeable medical costs" are, nor what "financial resources" could prove the ability to pay for medical costs. According to expert, the proclamation would have an immediate impact on family immigration, most notably on the parents and spouses of U.S. citizens.  Plaintiffs in the legal case are arguing that implementing the proclamation would cause irreparable harm to the U.S. citizens sponsoring visas for their family. See the full news article here. The Law Offices of Scott Warmuth monitors any possible changes in immigration policy so we can best serve our clients.  If you or a family members is seeking to immigrate to the United States, our immigration attorneys can help you find the best possible opportunities.  Call us today at 888-517-9888 for a free consultation.[/vc_column_text][/vc_column][/vc_row]