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In – Vitro Fertilization Survivors Appeal for Survivor Benefits Claim

Los Angeles Lawyer — Thu, 17 Nov 2011 20:15:51 +0000

Eventually, the Washington Supreme Court has agreed to resolve whether a child born through in vitro fertilization after a father’s death will be entitled to social security survivor benefits claim.

In vitro fertilization is a method by which egg cells are fertilized by sperm outside of the body. The method involves hormonally controlling the ovulation process, removing egg cells from the woman’s ovary and allowing sperm to fertilize them in a fluid medium. When eggs were fertilized, it will be formed as zygotes and will then be transferred to the women’s uterus for the purpose of establishing a successful pregnancy.

About a hundred claims related into such case are pending before the social security administration while authorities are trying to decide how the Depression – era should be interpreted in this period of modern reproductive technology.

It was in 1939 when the Social Security System has provided a benefit to the survivors, like spouse and children of a deceased wage earner. However, whether these benefits should be extended to children who were born in a modern reproductive way such as in – vitro fertilization is still unclear.

Way back those years, in vitro fertilization and other modern reproductive technology were yet to be discovered. And probably they have no any idea that such thing could be made possible during that time. Therefore, it was not specified on the social security system policy then.

In Karen Capatos case, her twins were born 18 months after her husband, Robert died. Robert is a wage earner. The married couple lived a happy life until Robert was diagnosed with esophageal cancer. Right after he learned about his illness, he deposited semen in a sperm bank. There is no doubt that he was the father of Karen’s twins.

However, the Social Security officials denied Capatos’ survivor benefit claims in behalf of her twins. The administration stated that under the Florida law, children who were not born at the time of a parent’s death will not be entitled to such claims as well as to his or her properties.

Capato brought her claim to the Supreme Court where she won her appeals. Juries said that unquestioned biological children of a deceased wage earner and his surviving spouse and children under the Social Security Act and so are entitled to the benefits.

The US 9th Circuit of Appeals in San Francisco had given a similar view hereof, while two Court of Appeals in the South had decided that children born through in vitro fertilization did not qualify for survivor benefits claim.

Current rules and policies of the administration are still very traditional. Obviously, the federal state laws currently need some clear modifications regarding this matter.

As a resolution, the Social Security Commissioner Michael Astrue prayed to the higher court to decide on the issue. The court granted his prayer and set a hearing on March and final verdict will be laid down by the end of June.

Is Social Security Disability Program Really Broke?

Los Angeles Lawyer — Tue, 23 Aug 2011 21:47:28 +0000

News about the Social Security disability program going bankrupt is cause for alarm to many disability claimants and applicants.

But what is the real story?

A report by the Washington Post said the Social Security disability program is on the verge of insolvency as it is currently being swept by the “flood of benefit claims” filed by laid-off workers and baby boomers.

This current situation is blamed mostly on the large number of claims which, over the years, resulted in the growing backlog of cases that took mostly years to be resolved. Further, it has contributed to the worsening problem of a federal program that has been financially strapped over the years.

What caused this problem?

The US Congress has estimated that Social Security disability trust fund will run out by 2917 and would be unable to pay full benefits to claimants. Together with the retirement program, the combined fund would run out of money in 2038.

During the 70’s, Congress made it tougher to qualify in the disability program but the criteria were loosened during the 80’s until it got into trouble with the recent recession.

According to the Social Security Administration, as more workers were laid-off and baby boomers were retiring, the number of disability claims increased. Worse, nearly $1.4 billion in overpayments were given to disability beneficiaries who were mostly people with jobs and no longer qualified to receive it.

As a result, Congress will try to find a solution by reviewing the overpayments made. In addition to other measures to improve the system, it has also enacted the deficit-reduction package would allow Congress to boost Social Security budget by about $4 billion. The Congressional Budget Office estimates that increased enforcement would save nearly $12 billion over the next decade.

To help you pursue disability claims and other social security benefits, consult with our experienced Los Angeles social security and disability attorneys. Call us at 1-866-325-4529 or email us at info@mesriani.com for a free case analysis.

$86 Million for Settlement of Unpaid Wages, a Victory for Wal-Mart Workers

Los Angeles Lawyer — Thu, 13 May 2010 04:21:26 +0000

It was worth the wait for many former workers of Wal-Mart Stores Inc. in California to learn about the news that the world’s largest retailer has finally agreed to pay up to $ 86 million to settle the wage-and-hour class action lawsuit (Ballard v. Wal-Mart Stores, Inc.), which the workers have filed in the US District Court in Northern California in 2006.

According to the company, the amount would provide about $74 million for unpaid wages and $12 million in vacation pay to nearly 232,000 terminated workers who joined the class-action lawsuit.

The settlement is just awaiting approval of trial and appellate courts.

For these former workers this is surely welcome news however for those unheard few exploited workers, their ordeals are far from over.

So how exactly can a California worker deal with an unpaid wage issue?

First, you must understand that there are different time periods for the filing of a wage claim in California, where majority of workers are under at-will employment.

•    If the claim is based on an oral agreement, it must be filed within two (2) from the date the claim arose.
•    If the claim is based on a written agreement, it must be filed within four (4) years from the date the claim arose
•    Minimum wage, unpaid overtime, and other statutory claims must be filed within three (3) years from the date the claim arose.

Generally, any employee with unpaid wages or other compensation claim may file a claim with the Division of Labor Standards Enforcement (DLSE), which is under the State Labor Commission.

The Labor Commissioner will determine whether the wage complaint will undergo a conference or hearing based on established procedures for investigating complaints (Labor Code section 98 and 98.3).

Having the services of an experienced employment and labor lawyer during this conference or hearing, would prove valuable to your case.

(video credit: SmartTrend)

Beyonce “Sasha Fierce” Sued Over “Fierce” Trademark Violation

Los Angeles Lawyer — Fri, 18 Sep 2009 04:08:00 +0000

Mega-pop icon Beyonce Knowles has been sued for trademark violation by the popular clothing retailer, Abercrombie & Fitch Co. over her plan to use the name Sasha Fierce for a fragrance she will be launching.

Abercrombie has an existing men’s fragrance called Fierce which has been used in their outlets since 2002. It has held a trademark for the word “fierce” since 2003.

Sasha Fierce happens to be the name of the singer’s much-publicized alter ego and the title of her third solo album, “I am…Sasha Fierce”. Beyonce has previously applied in September 2008 to trademark “Sasha Fierce” for a fragrance and other items which was opposed by Abercrombie as using the name for the fragrance would create confusion.

According to the retailer’s lawsuit, using Sasha Fierce as the name for her fragrance which will be launched next year will unfairly benefit from the reputation Abercrombie has built for the scent and could confuse or deceive customers into thinking Abercrombie is associated with her fragrance.

Abercrombie & Fitch fragrance sales reached $190 million and it projects sales up to $64 million this 2009.

Coty Inc., who will be marketing Beyonce’s new fragrance released a statement saying that neither the terms Fierce or Sasha Fierce will be used in Knowles’ fragrance.

A trademark is basically a brand’s name. It includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others.

Sasha Fierce is undoubtedly, a name identified with Beyonce. But given that a trademark has been claimed first by Abercrombie, they have the ultimate right to use the word “fierce”.

On the strength of their trademark, Abercrombie can bar any person or company from making use of the word fierce and prevent them from competing against their brand.

5 Things You Can Do to Help Your Social Security Case

david — Tue, 26 Feb 2008 00:15:07 +0000

Although much of the preparation and presentation of a Social Security Case involves legal analysis and preparation, a smart social security claimant can take several steps to help his or her attorneys in preparing a winning claim. Here are a few suggestions:

1. Be Honest: There is nothing to be gained by keeping facts from your attorney. If there are problematic elements of your claim, then let the attorney know. A good attorney can get around most problems, but no one can address problems that they do not know exist. There is nothing worse for your case than to have your attorney find out a negative fact for the first time during the hearing.

2. Communicate with Your Attorney: This ties into the previous suggestion. You need to keep in contact with your attorney during the process. If you see a new doctor, you need to let the attorney know. If your living situation changes, you need to let the attorney know. In other words, your attorney has to know anything that happens that relates to your life that could effect your claim.

3. Ask Your Doctors for Documents: Although an attorney can and will get documents from your doctors, it is easier for you to do so. Doctors know that they are legally obligated to give you the documents in your files. As a result, they will be much more likely to do so than to give them to an attorney’s office.

4. Don’t be Embarrassed: Do not be afraid to tell your attorney about all of the medical issues you have. Even if a particular issue is embarassing to you, your attorney needs to know about it. If he or she doesn’t, they cannot present it to the judge. It is often the most embarassing issues that have the most impact on judges who hear the cases.

5. ”Pain” is not Enough: It is more impressive to a judge hearing your case to hear a detailed description of your injuries and how they relate to your inability to work than it is to hear that you can’t work because you have “pain.” The more you can show how your pain effects your ability to do your job, the more likely you are to be able to convince the judge that you are entitled to recovery.

With these 5 basic steps, you can make it much easier for your attorney to help you get the benefits you need.