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May 16th, 2008 Finding Experienced Appeals Lawyers

In the United States court of law, if a person or party is involved in litigation or legal action, and is dissatisfied with the verdict or result from that litigation, they have the right to ‘appeal’ that decision to a higher court. An appeal is a challenge, or dispute, of the original verdict. Because an appeal case is very different than a typical court case, and because the appeals process needs to follow a very specific protocol, finding experienced appeals lawyers to handle the case is very important.

If a person does decide to appeal his/her case, it must be done immediately after the conviction takes place. The appeal itself is a written document that lets the higher court know that the defendant will be appealing his/her conviction. If an appeal is not entered immediately, or if the notice is not filed, the defendant may not be able to file an appeal at a later date. And this is why appeals lawyers are so important.

The appeals process differs from a normal trial in several ways. In the appeals trial, referred to as a hearing, there is no jury, and the appeal is focused on an appellate brief which is filed by the defendant’s lawyer. The appellate brief presents the defendant’s argument on why the verdict in the original trial was incorrect, and also the other party’s argument on why the verdict was okay. The judge will question each of the appeals lawyers about the brief, and may allow a short time for oral arguments. In an appeal hearing, there are typically many referrals to precedents set in other trials and court cases.

Because of the strict steps and protocol that are demanded in an appeals case, having experienced appeals lawyers who have dealt with them before can increase your chance of success. These lawyers have experience with appeals and finding problems or mistakes with the original trial that can be used as the basis for an appeal. They are familiar with arguing on precedents set in other cases. The appeals process is very lengthy, so both parties should be prepared in terms of time and cost.

Finding appeals lawyers with experience is often done by referrals and word of mouth. Ask friends, co-workers, business professionals, or other lawyers. Public interest groups and non-profit groups may also give suggestions. Most State Bar Associations provide lawyer referral services that can give a list of appeals lawyers in your area who are available for consultation. Appeals lawyers usually charge a small amount of money for initial consultations, although some may provide a free consultation. If you can’t afford a lawyer, check with a local free Legal Aid agency to find out what your options are.

If a party feels they have been wrongfully sentenced during a court trial, or if he or she doesn’t agree with the outcome, then he or she should talk to an appeals lawyer immediately so that the lawyer can determine if there is a basis for appeal, and file the appeal notice immediately. Having experienced appeals lawyers on your side can make the difference in the outcome of the appeals hearing.

Cathy Seiler writes Appeals Lawyers articles for her http://www.appealslawyers.info website.

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May 13th, 2008 Is a Free Criminal Background Check the Way to Go?

The more you understand about any subject, the more interesting it becomes. As you read this article you’ll find that the subject of free criminal background check is certainly no exception.

A free criminal background check can be obtained but may, or may not, require more digging than a criminal background check that requires an application form and a fee. To begin one must first have enough information on the person to start the search. It is helpful to know the individual’s full name, address, birth date, social security number and county of residence. The more information you know at the onset the less work it will take to do a free criminal background check. Other important pieces of information the searcher should have at his or her disposal include knowing previous addresses for the person being searched and/or knowing the names and addresses where the person has worked or conducted business.

Not all states have the same laws governing free criminal background checks. Some states are stricter about the information they make available to the public than are others. Privacy and safety for both parties must always be respected at all times. Online access is available in some states for certain offences but not in others. For example, the registry for sex offenders (SORs) is most often the one the public can gain easy access to. Some states require a written application form be filled out and will only respond via postal mail whereas other states will provide information over the telephone or by way of fax.

Sometimes the most important aspects of a subject are not immediately obvious. Keep reading to get the complete picture.

What might be a matter of public record in one state could be disallowed in another. For that reason a free criminal background check is a simple task for some people eager for information but a more time consuming and pricey one for others. To use a specific example, in the state of Maine, voter registration records are available for the public to view but in Pennsylvania it is against the law to use this kind of information for any no-political reasons.

A free background check will more often than not only yield a small portion of the information you seek on a particular individual. If you are looking for an extremely detailed report including specific dates and places, arrests, convictions, length of time spent in prison, parole information and current living and working status for the person a free background check might not be the way to go. You might want instead to consider finding information from a source where you must pay for information but are guaranteed to receive exactly what you paid for. Some people choose not to do the legwork themselves and instead hire themselves a private investigator.

However bear in mind that a free background check does have its positive side and sometimes can be used as a jumping off point for your search. You might wish to begin your search by going the free route, see what you can gain this way and then take it to a higher level by delving deeper with a paid criminal background report. Any information you find should prove beneficial to your search, no matter what method you choose to employ. Researching free criminal background checks over the net by way of government websites is becoming more and more popular all of the time.

There’s no doubt that the topic of free criminal background check can be fascinating. If you still have unanswered questions about free criminal background check, you may find what you’re looking for in the next article.

Matthew Bass of BackgroundCheckWizard.com provides more recommendations and information on

Criminal Background Checks that you can research at your leisure on his website.

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May 10th, 2008 Does Your Government Really Care if You Become Disabled and Need Benefit Assistance?

Does your government really care if you are disabled? That’s a question that is becoming more and worthy of the public’s consideration.

Recently, I was on the phone with a disability claimant who needs to have his reconsideration filed and I asked him if he had been seen by any doctors recently. He gave the all too common answer: “No, I haven’t been able to go. My insurance ran out a long time ago”.

This is a very common situation. And I’ve heard it so much that I’ve become somewhat desensitived to it. But…if you really think about it, these situations (which ARE extremely common) are horrendous.

Let me put on my examiner/caseworker hat for a moment. The disability system is set up so that the prospect of being approved for disability weighs entirely on a claimants medical records. And not just on medical records, but on recent records (aside from closed periods).

Well, ding ding ding (wake up bureaucrats, politicians, and red-tape functionaries), if the process for eventually—we hope—getting approved for disability benefits can take up to 3
years (I’m not pulling that number out of a rabbit hat either—-just call any attorney or non attorney practicing in the raleigh north carolina area and they will sullenly confirm this
information), then how can a claimant be expected to have decent medical record documentation by the time they get to a hearing (a destination most cases will arrive at)?

Answer: an unacceptably large percentage of claimants won’t (I typically tell people to seek out a county health department, free clinic, or even go the ER, if need be—but’s let be honest, that doesn’t take the place of records generated via an ongoing treating physician relationship).

Now, before I go on any further, I acknowledge the notion that the disability system is not responsible in any way, shape, or form for facilitating a claimant’s access to medical care while a case is pending in order to substantiate a claim (i.e. ensure that records are in place to support allegations of disability).
But, even for those claimants who had mainstream employer-provided health insurance, COBRA only lasts 18 months.

So, when the process can last 2 or 3 years, where does that leave claimants? In a bad way, without a doubt. Not only are they put in the position of finding it difficult to document their impairments—-to add insult to injury their conditions will sometimes worsen as a result of having inadquate access to medical care.

Now, back to the headline of this post. THESE HUGE WAIT TIMES came into effect under the administration currently sitting in office. So, do they care? Do they really care about those
who are least able to assist themselves?

I would have to say no. They do not.

I will leave you with this anecdote: about 2 years ago I tried to assist one particular claimant whose situation was quite miserable. He had no access to medical care and his living conditions were beyond the pale. To try to help him, I contacted the following agencies in his city (not my own area of operation): the salvation army, catholic social ministries, and urban ministries.

Want to know what I was told? They were out of funds. THIS WAS IN FEBRUARY OF THAT YEAR.

So, what does that say about the federal administration’s notions of faith-based charities taking up the slack from the
government cutting back: that it is essentially useless and disingenuous rhetoric.

In addition to being a former disability examiner, I used to be a food stamp caseworker, medicaid caseworker, and an afdc worker, and I can tell you unequivocally that private charities
will never be able to fill any gap left behind by the feds, but that’s another conversation.

Now, why this article? Because there are changes in the works that while masquerading as reform of the social security disability system…will actually make the system more hostile to disabled benefit applicants.

Chew on this as a parting thought. The people who are trying to “reform” social security disability are the same people who tried to (or are trying to, as the case may be):

1. bust the federal employees unions (and have to some extent succeeded),

2. altered regulations regarding overtime compensation in a way that was clearly hostile to workers,

3. are trying to limit the ability of mesothelioma victims to seek compensation (the sick part part about this is that mesothelioma has an incubation period of up to 40 years following exposure to asbestos fibers and the diagnosis itself is a literal death sentence—-no one survives, even following a pneumonectomy).

And these are just a few things.

So, to address the question we began with: does your government really care if you become disabled and need immediate benefit assistance to avoid falling into a financial abyss? Perhaps to some extent…but, unfortunately, I would have to say, not particularly much.

The author of this article is Timothy Moore, who, in addition to being a former food stamp caseworker, medicaid caseworker and AFDC caseworker, is a former disability claims examiner. He
publishes information at http://www.disabilitysecrets.com

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