This is the time of year when I receive a increased number of calls about auto accidents and I urge all of you to be careful. The issue of keeping you family safe was recently discussed in the news with three areas of concern: i) Driving during the holidays. People are in such a hurry around the city on their phones and simply not watching where they are going. Also, individuals are tired and stressed from work and family responsibilities. Therefore, my advise is simple. Please stay off the roads if possible and do not drive at night.
ii) The police also warn of robberies in mall parking lots. The statistics soar around Christmas and individuals who walk alone need to be careful. Please park near the malls’ entrances and the police recommend a great alternative if you can afford it: valet park your car.
iii) Finally, the police warn of burglaries at home when you are away. A friend’s home was hit when they left for the holidays. Although sometimes expensive, an alarm system has been a big deterrent to robbers.
In conclusion, please have a great holiday and more importantly: a safe one.

Unlike auto accidents, a workers’ compensation settlement has to be approved by the Judge of Compensation of Claims. Typically, a client will not receive their money for 45-60 days after both sides agree to the final number. There is nothing our office can do to speed up the process because the judge will sign the settlement paperwork at his or her discretion.
The process is as follows: First, paper work must be drafted by the insurance company’s lawyer. I review the paperwork and make changes as necessary. We then call the client to come by the office and execute the document in front of a notary. Second, the paperwork is sent to the opposing counsel for them to sign. The opposing counsel often will not send the paperwork to the judge until they receive the settlement checks. Third, the paperwork goes to the judge and the judicial assistant will log the paperwork into the data system. The judge’s signed order will be sent to all the parties and the client. Finally, the law gives the insurance company 30 days to pay after the judge signs the paperwork or it will be penalized 20% of the settlement amount.
When the checks come to my office, it will be deposited in my trust account and the funds must stay in the account for 10 days. The client then receives the settlement check and executes a closing statement. Workers’ Compensation settlement checks are tax-free.
I wish the systems was set up for a fast turnaround but this is the law at this time. Please have patience with my staff while the process is evolving.

Unfortunately, the Orlando Sentinel reported this week what I have been telling my clients for over a year: there are not enough judges and the final hearing will be years away. Typically, my clients file their initial claim and a decision is given from the social security administration in a few months. If denied, you have 60 days to file a reconsideration. If the reconsideration is denied, I will file an appeal within 60 days and within one year we will have a trial date(final hearing). This has changed and you will not see the judge for two or more years.
The Orlando Sentinel stated that the burden of our aging population and the lack of judges are the problems. This could be fixed by more money for additional judges. The Bush administration would not appropriate more funds for additional judges so our problem will remain for years. I urge everyone to contact their congressional representatives and ask for more funding for the social security judges and clear the backload of cases.
My office has decided to approach these cases differently. We try to get the doctor’s opinions prior to the initial filing and get the case organized for the initial reviewer. You cannot hope the administration will get what it needs initially and rule correctly. These cases need to be fought on the front end not the back end.

Please check back tomorrow for an update to this blog