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Applying for SSDI Benefits

Topics: Workers' Compensation

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[vc_row][vc_column][vc_column_text]Applying for Social Security disability insurance (SSDI) benefits seems like it would be fairly straight forward:  fill out an application, receive a rapid approval, and begin collecting benefits.  Ideally, the disability system would work that way.  Unfortunately, the reality of applying for SSDI is a much more frustrating experience.  It's estimated that only one of every three initial SSDI applications is approved.  Fortunately, seeking the assistance of a qualified SSDI attorney can help you prepare for the application process. The Social Security Administration (SSA) has guidelines for what constitutes a disability.  Before filing for benefits, it's important to work with an attorney and a doctor to ensure that you have the proper medical documentation showing that you meet SSA guidelines for disability.  It's also important to treat your disability.  Providing the SSA with proof that you have a qualifying condition, and that you are properly treating that condition, can greatly increase your chances of approval. Armed with relevant information, records, and treatment plans, your SSDI attorney can help you file your application in a manner designed to increase your chances of initial approval.  Submitting your application completely, correctly, and with supporting evidence is an important factor in initial SSDI claim approvals.  Your attorney will help you frame your answers in a manner designed to improve your approval chances.  Keeping an eye on the status of your completed SSDI application and documenting interactions with SSA is also important, and both are services an attorney can provide. And sometimes, even with all of that effort put into your application, SSA will issue a denial.  Every disability case is different, so it's impossible to predict just why any application is denied.  In the event of a denial, your SSDI attorney will help you prepare for an appeal. One of the most important things anyone applying for SSDI can do to increase their chances is to retain the services of a skilled SSDI law firm.  The Law Offices of Scott Warmuth has been helping clients pursue their legal needs for 35 years.  For a free Social Security disability insurance legal consultation, call our firm today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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New DMV Rules to Know

Topics: Auto Accident

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[vc_row][vc_column][vc_column_text]Several new DMV regulations have taken affect this year.  If you’re not yet familiar with the changes, now is a good time to catch up! Vehicles: bicycle helmets Safety helmets are no longer legally required for adults over the age of 18 while riding a bicycle, scooter, roller skates, or skateboard.  Children under the age of 18 caught without a helmet will receive a warning, or fix-it ticket.  Parents of these children can avoid a fine by proving the child has an appropriate helmet and have completed a bicycle safety course within 120 days. Vehicles: temporary license plates All new and used vehicles purchased in the state of California will now be required to have temporary paper license plates before leaving a dealership lot.  Each temporary license plate will be unique and have an expiration date. Gender identity: female, male, or nonbinary When applying for driver licenses and ID cards, applicants can choose male, female, or nonbinary.  The designation will be listed as M, F, or X respectively. Driving under the influence: ignition interlock device Repeat DUI offenders and first-time DUI offenders who caused injury are now required to install an ignition interlock device (IID) for 12 to 48 months if their DUI charge involved alcohol.  A judge also has discretion to order a first-time DUI offender who didn’t injure anyone to install an IID for up to six months. Driving privilege: minors Juvenile courts can no longer revoke, restrict, or delay the issuance of a driver license as punishment.  This change was not retroactive. Vehicles: unsafe, unsecured load Existing law already states that vehicle loads must be covered or secured.  This new law adds a question related to unsecured cargo loads to DMV tests that must be asked at least 20 percent of the time. Smog check: exemption Smog check exemptions are now for vehicles up to eight model years old, instead of the previous six.  In year seven and eight, the smog abatement fee becomes $25. Vehicles: high-occupancy vehicle lanes Green and white HOV decals are no longer valid.  If a vehicle was issued a green or white decal after January 1, 2017, it is eligible for a red decal.  Red decals have HOV lane access until January 1, 2022.  Purple decals are being issued in 2019, which will be eligible for HOV lanes until January 1, 2023. For more information about these changes in the law, please visit the DMV website. If you or someone you know has been injured in an auto accident, contact the Law Offices of Scott Warmuth today at 888-517-9888 for a free consultation.[/vc_column_text][/vc_column][/vc_row]
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Educational Forum Hosted by San Gabriel Chamber of Commerce

Topics: Events

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[vc_row][vc_column][vc_column_text]Last Thursday, the San Gabriel Chamber of Commerce held an educational forum for business owners on the topic of employment law.  Law Offices of Scott Warmuth immigration attorney Yesenia Acosta was one of the featured speakers. We took some pictures of the event, which can be found below![/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width="1/2"][vc_single_image image="3606" img_size="full" add_caption="yes" alignment="center"][/vc_column][vc_column width="1/2"][vc_single_image image="3605" img_size="full" add_caption="yes" alignment="center"][/vc_column][/vc_row][vc_row][vc_column width="1/2"][vc_single_image image="3603" img_size="full" add_caption="yes" alignment="center"][/vc_column][vc_column width="1/2"][vc_single_image image="3604" img_size="full" add_caption="yes" alignment="center"][/vc_column][/vc_row][vc_row][vc_column width="1/2"][vc_single_image image="3602" img_size="full" add_caption="yes" alignment="center"][/vc_column][vc_column width="1/2"][vc_single_image image="3601" img_size="full" add_caption="yes" alignment="center"][/vc_column][/vc_row]
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Slip and Fall Accidents No Laughing Matter

Topics: Personal Injury, Workers' Compensation

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[vc_row][vc_column][vc_column_text]Slip and falls have always been played for a laugh on TV, in movies, and in other forms of modern entertainment. And we do mean always. In the early 1900s, slipping on a banana peel become a comedy staple through Vaudeville performances. Slipping and falling, played for laughs, has continued to be a trope used as a means of comic relief. In reality, a slip and fall is no laughing matter: slip and falls can result in serious injury. The origin of the famous banana peel gag itself is not very glamorous: people were breaking bones on discarded banana peels. According to the National Floor Safety Institute (NFSI), slip and falls result in at least 1 million emergency room visits every year.  About 50,000 of those ER visits will be to treat the fracture of a bone.  Slip and fall accidents are one of the most common causes of work injuries (about one in six work injuries is the result of a slip and fall) and are a primary cause for lost wages due to a workplace injury.  For workers over the age of 55, slip and falls are the leading cause of work injuries. There are many causes for slip and fall accidents.  And while there is an Internet rumor than 300 people were injured by bananas in Great Britain in 2001, slipping on a banana peel is not among the leading causes. Slippery Floor Slippery floors are such a risk that there's a universal symbol for that dangerous situation.  Yellow signs depicting a stick figure person in the process of falling backwards are generally posted when a business or public entity is aware of a spill or other condition that could be a fall hazard.  Be careful when walking near designated slippery surfaces.  Many surfaces can also become slippery unexpectedly, such as during a sudden rain storm or after a floor waxing. Uneven Floor or Ground The floor beneath your feet is not always flat.  Rugs can bunch up, trees can create a sloped sidewalk, rainstorms can cause potholes; all of which can cause an expected fall if you're not careful.  Most of us aren't paying attention to the ground as we walk, leaving us susceptible to a sudden slope or crooked floorboard. Unsafe Conditions It's hard to walk safely if you can't see.  Bad indoor lighting or unlit sidewalks and parking lots can leave a lot to chance, increasing the risk of a fall.  Trash or debris in a designated walking path can create a dangerous situation.  So too can improperly maintained walkways and stairways.  Someone walking down a set of stairs with a broken or missing handrail can more easily fall and become injured.  And while only a problem in certain parts of California, unsalted sidewalks and unshoveled driveways after a snow or ice storm can leave visitors and customers at risk.

Compensation for a Slip and Fall Injury

Not all slip and fall injuries can be pursued via personal injury law.  Generally, for a slip and fall legal case to be viable, the incident must meet a few minimum guidelines.  If a slip and fall injury occurs while the victim is working, the injured worker can pursue a workers' compensation claim, regardless of fault.  If the injury occurs at home, the victim cannot pursue a claim.  If a slip and fall injury occurs on private property, public property, or at a place of business, the situation becomes much murkier.  The Law Offices of Scott Warmuth can help you determine if you can pursue a slip and fall legal case with a free consultation.  Call us today at 888-517-9888![/vc_column_text][/vc_column][/vc_row]
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USCIS Plans to Close Field Offices

Topics: Immigration

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[vc_row][vc_column][vc_column_text]A leaked staff email from the director of United States Citizenship and Immigration Services (USCIS) details new plans to close all USCIS international field offices.  According to the USCIS, there are 24 International Operations Division (IO) field offices in 21 countries, including two offices in China.  The mission of the IO field offices is to provide helpful information for a variety of immigration-related questions, to solve a variety of immigration-related problems, and to investigate immigration fraud. The USCIS details the function of the IO offices on its website.
The International Operations Division (IO) is the component of USCIS’ Refugee, Asylum, and International Operations Directorate (RAIO) that is charged with advancing the USCIS mission in the international arena. Reuniting families, enabling adoptive children to come to join permanent families in the U.S., considering parole requests from individuals outside the U.S. for urgent humanitarian reasons or significant public benefit, and providing information services and travel documents to people around the world – all with unique needs and circumstances – are just a few of the responsibilities our officers assume on a daily basis. Operating in a dynamic global environment with constantly changing political, cultural, environmental, and socio-economic contexts, IO has approximately 240 employees located in the U.S. and in three international districts composed of 24 field offices in 21 countries. Our employees are highly diverse and include foreign nationals in addition to U.S. citizens; foreign nationals make up more than half of the IO staff working abroad and approximately one-third of all IO employees.
According to the leaked email, the workload of the IO offices would shift to embassies, consulates, and offices in the United States.  It is not know if or how this change would affect the current mission of these offices. See the full news story here.  This story is likely to be updated as more information becomes available. Immigration law has changed dramatically over the past couple of years.  For people seeking to immigrate to the United States, an immigration lawyer can help you navigate the changes successfully.  For a free immigration consultation, call the Law Offices of Scott Warmuth today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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Drunk? Sleeping In Your Car Can Lead to DUI Arrest

Topics: Criminal Defense

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[vc_row][vc_column][vc_column_text]It's a Friday night.  You've decided to catch a happy hour with some of your coworkers.  The plan is to have a beer and then head home.  Plans change.  It's now 1:00 a.m. and suffice to say, you've had a few.  You decide to do the responsible thing and not drive, but you also have no way of getting home.  You make the decision to sleep in your car.  It's cold out, so you turn on the engine to get some heat into the vehicle.  You awaken to a police officer tapping on your window, asking you to step out of your car. While "sleeping it off" in your car is infinitely better than driving while under the influence, both actions could lead to a DUI arrest. The exact wording of the applicable California law:
...A peace officer may, without a warrant, arrest a person when the officer has reasonable cause to believe that the person had been driving while under the influence of an alcoholic beverage or any drug...
The key to that statement is 'reasonable cause to believe that the person had been driving'. If a police officer finds you asleep behind the wheel of a running vehicle and determines that you were drinking, the officer could subject you to a breathalyzer or field sobriety test. If you fail, you could be arrested. If a police officer suspects you've been drinking, any possible evidence that you had been driving, or attempted to drive, could be used as justification for an arrest.
  • If your car's engine, hood, or tires are warm - indicating you were recently driving
  • If your car is parked poorly - indicating you parked poorly due to intoxication
  • If your vehicle is damaged - indicating you were in a collision due to intoxication
  • If your keys are anywhere near the ignition - indicating you were driving or had the intent to drive
  • If your gear isn't in park - indicating you were driving or had the intent to drive
  • If you are found in the driver's seat - indicating you were driving or had the intent to drive
One would think that, following the justifications above, if you decided to sleep in the backseat of your undriven car with the keys in the trunk you could avoid arrest.  However, the determination of whether or not to arrest you for DUI will depend completely on the police officer. If you are facing DUI charges for sleeping in your non-driven vehicle, an experienced DUI defense lawyer will work on your behalf to tell your side of the story.  There are many legal defense techniques that can show a judge or jury that your situation was incorrectly assessed, with the goal of introducing enough reasonable doubt to render a not guilty verdict.  For a free DUI defense consultation, call the Law Offices of Scott Warmuth today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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Something to Lose Sleep Over – Daylight Saving is Back

Topics: Auto Accident, Workers' Compensation

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[vc_row][vc_column][vc_column_text]This Sunday, most of America, including California, will adjust their clock ahead by one hour in the annual ritual known as 'springing forward' for Daylight Saving.  There may be some confusion this year.  Yes, California did pass Proposition 7 in 2018.  Prop 7 allows the California State Legislature to permanently enact Daylight Saving Time (DST), but only if federal law is changed to allow for it.  Federal law has not yet been changed, and until it does, we will still be springing forward every year. The Law Offices of Scott Warmuth is a law firm that handles personal injury legal cases.  Why are we talking about Daylight Saving?  As it turns out, millions of sleep-deprived people driving to work simultaneously on Monday morning can lead to crashes.  Research has indicated that the switch to DST leads to a noticeable increase of fatal auto accidents, about seven percent, on the following Monday.  Research has also suggested that work injuries are more prevalent in the days following the start of DST. If you have to drive next week, be extra vigilant on the roadways.  Be as well-rested as you can and pay extra attention to other drivers out on the roads. If you have the ability to get some extra rest and avoid peak traffic times, we would recommend doing so.  On average, the switch to DST leaves people with 40 minutes of sleep deprivation.  Anything you can do to lower that number is a good thing.  Daylight Saving Time begins at 2 a.m. Sunday morning. The Law Offices of Scott Warmuth has been helping the victims of car accidents recover from their injuries for 35 years.  For a free consultation, call us today at 888-517-9888.  We can help you seek medical treatment, fix your car, recover lost wages, and received financial compensation for your pain and suffering.[/vc_column_text][/vc_column][/vc_row]
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Are Facebook Posts Admissible as Evidence?

Topics: Auto Accident, Criminal Defense, Personal Injury, Workers' Compensation

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[vc_row][vc_column][vc_column_text]Social media is ubiquitous.  Facebook, Twitter, WeChat, Instagram, and more let everyone document their lives in words, pictures, audio, and video.  It's no secret that some people have the tendency to overshare, providing details into their lives that really should stay private for one reason or another.  One topic that can definitely cause major problems when you overshare?  Your legal case.  Social media accounts are coming under more and more scrutiny in legal cases, in many different practice areas.  Why?  Because many different types of social media posts, including Facebook posts, can be admissible as evidence in a court of law. Put plainly: if you post something detrimental to your legal case on social media it can and will be used against you.  If you were in a car accident and post a selfie with the caption "I'm okay!", insurance companies could use that picture to claim that you were not injured.  If you are seeking temporary disability after suffering from a work injury and "check in" at Mammoth Mountain, you could be denied workers' compensation benefits.  On trial for assault?  Making a post talking about taking part in the incident could be used as evidence against you. Social media posts can go both ways.  The Law Offices of Scott Warmuth advises all of its clients to avoid posting any references about their ongoing legal cases to social media.  At the same time, our team may examine the social media postings of the defendants in your case, hoping to find corroborating evidence.  Imagine if you were hit by someone who ran a red light, but told police they had a green light.  A post that contradicts that statement, or points to additional possible evidence, would be very helpful to your case. The Law Offices of Scott Warmuth offers comprehensive legal services in several practice areas.  For a free legal consultation, call us today at 888-517-9888![/vc_column_text][/vc_column][/vc_row]
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H-1B Applications Facing Greater Scrutiny, Lower Approval Rates

Topics: Immigration

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[vc_row][vc_column][vc_column_text]According to new data released by the Trump administration, fiscal year 2019 H-1B visa applications are being subjected to higher levels of scrutiny and are being rejected at a much higher rate than in previous years.  According to the director of the United States Citizenship and Immigration Services (USCIS), the increased level of rejections and requests for more information are the result of new policies with the stated intention of protecting U.S. workers. Requests for Evidence (RFEs) are used by USCIS to seek additional proof about a claim on an immigration application.  The number of RFEs issued has skyrocketed in recent years.  Between last October and December, 60,650 RFEs were issued (60 percent of all applications).  During the same time period in 2017, only 44,338 RFEs were sent (45.6 percent of all applications), but even that is a dramatic increase from 2016, where 26,799 were issued (27.5 percent of all applications). Denials are increasing too.  Last quarter, (October - December), 24.6 percent of H-1B applications were denied.  That's up from 17 percent in 2017 and 7.8 percent in 2016.  The overall number of denials has more than tripled from the last quarter of 2016 to the last quarter of 2018, jumping from 7,618 denials to 24,851 denials. According to reporting from the Wall Street Journal, the most issued RFE is to companies asking them to prove that the position they are seeking for the H-1B is truly a 'specialized occupation' job.   Other RFEs requested proof that the employer had a valid relationship with prospective workers and that prospective workers had job assignments. You can see the H-1B approval data here. Working closely with experienced immigration attorneys can reduce the chances that an H-1B application will receive an RFE and increase the chances of approval.  H-1B season is upon us, and the deadlines for fiscal year 2019 are nearly here.  Call us at 888-517-9888 to receive a free immigration consultation.[/vc_column_text][/vc_column][/vc_row]
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Workers’ Compensation for Non-Citizens

Topics: Workers' Compensation

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[vc_row][vc_column][vc_column_text]One question we are often asked at the Law Offices of Scott Warmuth is whether or not a non-citizen of the United States is eligible for workers' compensation benefits.  In California, that answer is yes.  All California workers, regardless of citizenship status, are eligible for aid should they be injured on the job.  Even workers who do not have legal authorization to work in the United States have workers' compensation protections. This is a very important point to reiterate.  If you are injured while working in California, regardless of your immigration status, you should contact a workers' compensation attorney.  Employers are required by law to carry workers' compensation insurance, which does not discriminate on who you are or how you were injured.  You should immediately report any work injury.  Retaliation for reporting a work injury is illegal, but if it should happen, an experienced workers' compensation attorney will help you seek damages. The workers' compensation process is the same for citizens and non-citizens as well.  The benefits too.  All injured workers are entitled to medical treatment, disability benefits, and job displacement benefits.  The Law Offices of Scott Warmuth can help you recover physically and financially from your work injury.  Call us today at 888-517-9888 to receive a free injury consultation![/vc_column_text][/vc_column][/vc_row]