legal advice

“C.J.’s Law”, a law passed in 1998 in the State of Washington, requires certain cube-style deliver trucks to have rear crossview mirrors or a back-up device to alert the driver when someone or something is behind the vehicle.
A young child, C.J. Norton, was tragically killed in Lynnwood, Washington in a parking lot when a delivery truck backed over him. The desire for a new law to protect not only children but all people from accidents like this was pushed for by C.J.’s grandparents. Now mirrors or other devices are required to be installed on these types of delivery trucks as a way of warning the drivers of impending danger before they begin to back up their vehicles. The law was passed by the Washington State Legislature in 1998 and became effective in September of that year.
Now every cargo type truck registered or based in Washington State that is equipped with a cube-style walk-in cargo box, up to eighteen feet in length, and is used to deliver goods or services commercially must be equipped with a rear crossview mirror or other backup device to alert the driver that someone or something is behind the vehicle. This law does not include recreational vehicles like motorhomes or rental trucks used to transport personal property like moving vans.
The required backup devices can be rear mounted crossview mirrors, laser detector, video cameras, or any type of motion sensitive device that can detect movement of a person or object at a minimum of six feet from the rear of the truck.
Many smaller than eighteen foot long vans and delivery vehicles are exempt from this law; for instance minivans, postal type delivery jeeps, and standard sized cargo vans.

A Guide to Investigations and Surveillance
The number of Philippine women involved with European, American, Canadian and Australian men is difficult to estimate. Of course, these aren't the only countries where the Filipinas are escaping to. Filipinas are, in fact, leaving the Philippines in masses. This phenomenon has been taking place for over 20 years or longer, but with the increasing global access to the Internet and the growth of dating websites, scams are on the rise.
Some of the better known sites include Filipinaheart and Cebuanas, but the list is extensive and new websites emerge each month. Some relationships begin in person, while a large majority are begun on the Internet. For those initiating on the Internet, the risk for relationship fraud and scam is at an all time high. Potential victims should be extremely wary of any Filipina asking for money early in the relationship. If there is a chance this woman could be the one, whether in the Philippines or beyond (Colombia, Russia, Ukraine, Brazil, etc), a background check can save a great deal of money and heartache. In short, due to the number of fraud and scam cases in international relationships, it is better to be safe than sorry. The alternative can be costly.
Our three favorite background check services are Owens OnLine, Wymoo International and Philippine PI. Owens OnLine offers a professional service at a reasonable price, although their services are more tailored to business clients. Wymoo International and Philippine PI are industry leaders for confidential investigations for individuals. Wymoo covers over 100 countries worldwide. For the Philippines, however, we recommend Philippine PI because of their local presence throughout the islands.
Depending on your need for information and the Company you choose, professional investigations cost between $350 and $600. Surveillance services may be more, depending on the number of hours worked. Surveillance service should provide detailed reports with photo or video evidence. The insurance and verification is an increasingly wise investment.

The use of GPS tracking technology to conduct surveillance by law enforcement agencies and private citizens has been underway for many years. Private investigators have used the technology to discover cheating spouses, misuse of business equipment, insurance fraud, child custody violations and other location related issues. Many privacy advocates have screamed foul about the perceived loss of privacy through the use of this technology. Surveillance activities may or may not be legal depending on the location and type of device.
Recently the 7th Circuit of the US Court of Appeals ruled that placing a GPS tracking device on a vehicle was lawful and did not require a warrant. The federal government argued successfully that placing a device on a vehicle does not violate the 4th Amendment and is not an unreasonable search of the vehicle. The vehicle was not entered and thus was not searched. It means that all that is needed for a law enforcement or government agency to place a GPS tracking device on a vehicle is reasonable probable cause. However when it comes to a private citizens placing a GPS tracking device on a vehicle or an individual it is a much more complex issue. Many States have passed laws that restrict the use of this technology to conduct surveillance unless the device is used on a vehicle owned by the person conducting the surveillance. It is strongly recommended that you contact the office of your States Attorney General prior to conducting any GPS tracking of anyone outside your immediate family. Failure to do so could lead to severe legal consequences.
New micro technology allows GPS tracking devices to be hidden in just about any location. This is especially true for the GPS data loggers. These recorders are placed in a vehicle or on a person for a designated period time. The device is then retrieved and downloaded in to a computer. The information then is displayed on a map showing routes traveled, time in route, at rest, speed and direction. This is a great tool to keep track of your newly licensed teen as well as making sure that your business vehicles are not being used for personal use. These GPS trackers are very hard to detect since they are both small and they do not use cell phone communication technology. Basically there are no records beyond the computers hard drive. Again this makes this type of surveillance very hard to both detect and defend against. The negative side of using a GPS data logger is that the information is history rather than in real time.
Real time GPS tracking devices use both GPS and cell phone technology to provide tracking information in real time. Tracking information is updated at designated time intervals to a company that provides the tracking service. As a subscriber you will log into the companies data base and your tracking information will be downloaded to your computer. Recently the GPS tracking devices have become much smaller making it much easier to hide in either a vehicle, piece of equipment or on a person. While it is illegal for cell phone companies to provide information including tracking information about a customer without a warrant the Federal Communications Act apparently does not apply to GPS tracking providers. The bottom line is that if you use a real time GPS tracking device and provider you risk that the records of your surveillance activities will be discovered.

In recent times blogs have taken on new meaning on the Internet and World Wide Web. Once considered nothing more than rather offbeat diaries, blogs have become major marketing tools at the present point in time. In fact, today millions of consumers from all walks of life and from all over the globe are turning to blogs to get information and advice about different products and services.
As blogs have become more potent marketing and promotional forces, various legal issues have arisen that warrant close consideration. There are two main concerns in this regard when it comes to blogs and blogging.
First, there is a concern about the inadvertent leak of trade secret information through a blog. Second, there is a concern about the potential for false or deceptive advertising claims that might arise from blogs and through blogging. Never disclose Confidential Information on a blog. There remains a good deal of debate over the true value of a blog when it comes to marketing and advertising. There is a debate over the return on the investment in blogging.
Nonetheless, many businesses are going so far as to encourage their own employees to blog about the products or services offered by these businesses. In such circumstances, it really becomes of paramount concern that the blogging employee does not disclose too much information about a business and its products or services.
An eager blogger could end up revealing confidential information about a business, including vital trade secrets. When this happens, this proprietary information can end up being used by the competition. For this reason, it is vitally important that a blogging employee understand specifically the limitations as to what can and should be revealed through the blogging process.
When any blog or blogger is supported or encouraged by a particular business enterprise or employer it has the very real potential of being considered advertising. With this noted, however, at the present time it is still not entirely clear when a blor or blogger will be subjected to the more traditional advertising and marketing laws, including laws pertaining to disclosure.
Assuming for the moment that a blog in fact is created or supported by a company and intended for marketing purposes, it can be more safely assumed that at least in theory the more traditional marketing laws will apply. The blog could end up being looked at like any other advertisement and false statements could be deemed as being false advertising and hence illegal. On the other hand, First Amendment free speech issues also enter into the mix because of the underlying nature of blogging.
The reality is that the First Amendment does apply more to individual speech than it does to so-called commercial speech. In other words, an individual citizen has more leeway in expressing his or her opinions that does a paid endorser.
With that noted, the more a blog veers towards becoming the purveyor of a commercial message or communication, the more likely it will be subjected to legal scrutiny and the application of the more traditional laws pertaining to advertisement, marketing and promotional claims. There are couple of fundamental considerations that come into play when attempting to determine whether or not a blog is commercial in nature. One key issue is whether or not the blogger is compensated by the company or business in question for creating the blog in the first instance. If the blogger in fact is paid, that blogger might be treated in the same was a paid endorser.
The Federal Trade Commission or FTC has guidelines pertaining to what a paid endorser can and cannot, should and should not do. These guidelines can be found online at http://www.ftc.gov/bcp/guides/endorse.htm
In addition, the Word of Mouth Advertising Association (WOMMA) has a useful ethical guide that can be helpful to a blogger. Finally, a growing number of bloggers are posting disclaimers notifying the viewer that the person is being compensated for creating and maintaining the blog.
Even with disclaimers and even by taking other similar steps, there are gray areas, including whether an employee that creates a blog on his or her own time without receiving additional compensation, or a blogger who receives free product, meets the criteria of receiving compensation. There is now some significant movement in the direction of requiring the blogger to make full disclosure of such a relationship.
Another relevant issues pertains to whether the company has any control over the content of the blog itself. For example, a business that has employees who are encouraged to create blogs could be stuck in a proverbial no-man's land when it comes to laws governing advertisement and their application to that particular blogging situation. If a company does exercise control, it is more likely to be held responsible and liable for acts of copyright infringement, trademark infringement and false advertising committed by the blog operator through the course of the blogging process.
Presently, there are no definitive solutions on how to deal with company bloggers. One course that some businesses are taking is providing their blogging employees with education and training.
In the end, a company likely will want to take care so as not to exercise too much control over a blog By exerting even a minimal amount of control a company may be seen as liable and responsible for the content of any given blog.

What can a Criminal Background Check do for you and your business?
Plenty.
A convenience store clerk on his first day of work walks off with over $1500 in cash. A medium size municipality loses over $10,000 in parking fees and fines over a period of 18 months due to a dishonest employee. A charitable organization is unable to fund many worthwhile activities due to losses caused by a employee in charge of handling contributions. A retail clothing store suffers thousands of dollars in losses in merchandise as a result of employee theft. A store owner is sued because she unknowingly hired a sex offender
What did these employees have in common? All of these employees had prior criminal records that would have been revealed if the employer had just taken the time to perform a simple criminal records background check.
Think it can't happen to you and your business? Studies have shown that at least 30% of the workforce will steal from their employer sometime in their working career and fully 75% of those who do steal will never be caught. It is estimated that over one billion dollars is stolen every week by dishonest employees. It cost on average $20 in sales to make up for every $1 lost through employee theft. And employee theft can actually kill a business. Fully one quarter of business failings are thought to be linked to dishonest employee actions. And don't count on other employees reporting the theft either. Studies have shown that most employees will not report thefts they see.
Performing a criminal records background check is a necessity in todays society. Business's must be aware of who they are hiring both for monetary and legal reasons. A properly performed criminal background check can save you the business owner from having to contend with serious consequences down the road. Every business owner no matter what type of business they are involved in should perform a through check on every prospective employee, vendor or potential business client that they are associated with. The same can be said for individuals that you deal with. Everyday we are made aware of people who were not aware of the past record of the people they are associated with. Sometimes this only results in the loss of money or possessions, other times however the results can be tragic.

Consumer law has been designed by the government to protect the consumers. In other words the consumer law or rights that exist protect consumer’s safety and public health. You will find that the consumer organizations have been formed to help consumers make better choices in the products they buy. Let’s look at a recent example for a moment. With trade in China many toys have come in with lead paint. This concerns the consumers as lead paint has been found to be detrimental to health. In the US regulations against the use of lead paint have been created. So for consumer law in the United States that importation of lead based products goes against the consumer laws of safety and public health. The items have of course been recalled based on the consumer law.
There are other areas where consumer law has been designed to save the consumer as well. You will find public law that regulates private law for consumers and businesses that sell goods and services. You will also find product liability, privacy rights, unfair business practices, fraud, misrepresentation, advertising law, and laws that deal with debt or credit repair are also in place for the consumer.
Some of the laws we have based on consumer law in the United States include Fair Debt Collection Practices Act, Fair Credit Reporting Act, Truth in Lending Act, and many more. Each state can also have certain consumer laws. California has the department of consumer affairs that regulates professionals and professions in the state. This means that under consumer law people and businesses are required to be fair in all consumer based companies.
The National Consumer Law Center is a nonprofit organization in the United States that regulates the countries consumer law. You will find they offer legal services, government and private attorneys, and community organization. When you seek the National Consumer Law Center you are asking for help with a consumer law. In most cases they are going to represent the injured party. The attorneys will have to take the information provided and determine if there is enough evidence for a case.
Consumer law, which is based on protecting the citizens or consumers of the nation are very important, especially when you consider technology. You will find consumer law in advertising has changed dramatically we are no longer seeing a truth in advertising, but a skirting of the truth. In order to protect a consumer against the false advertising or partially misconstrued advertising lawyers and laws have to exist.
If you are looking for a consumer law lawyer you may find the National Consumer Law Center is one place to start looking. You can also find names through referrals or checking the better business bureau online. These places will help you to find the person that is most qualified to help with your type of consumer law case. Keep in mind that a consumer law case must find unsafe products or health conditions to be considered under the consumer law title.

With the increasing number of accidents associated with driving while under the influence of alcohol or DUI’s the DUI law has changed and there are now many lawyers who practice DUI law in order to represent the individuals accused of DUI’s. If you are unaware of the laws in your state regarding DUI law you will need to research the laws a little. For instance in most states the blood alcohol level has now been changed to where one beer could be considered a DUI. When you are trying to understand what the DUI law is you have to look at the results of driving while intoxicated.
You can now suffer jail, fines, loss of driver’s license, ignition interlock devices, alcohol education programs, and community service depending on the laws in your state. When you are pulled over for suspicion of being drunk the officer will provide a blood alcohol concentration test. If you are found to be above the level for your state you may find yourself facing jail and towing fees for your level. In most cases it will result in having the other driver, if there is one being tested and switching drivers if the level is found to be satisfactory. You can also call an individual to come pick up you and your car if the office does not see jail as a necessity. If you are not taken directly to jail you will at least be given a ticket with fines and possibly the alcohol education program depending on the officer.
If you find yourself breaking the DUI law and in jail, you will need to hire a qualified DUI lawyer. The lawyer will take a look at your case, determine if you need to plea bargain or fight the charges. The DUI lawyer will be able to help determine how you broke the DUI law, the percentage of your blood alcohol level in regards to the law, and how to proceed. In most cases if it is a first offense you will find yourself with a probationary period if the level was not exceeding the limit by great bounds. It will also depend on how dangerous you were considered by the officer, such as weaving in and out of lanes, driving over the speed limit, and other traffic violations. In most cases you will find the ignition interlock device is required when you have broken the DUI law. This device will test your blood alcohol level before you can start the ignition. If you are found to be over the legal limit the car will not start. If you have been found okay you will be able to drive the car home, but you will be tested every few minutes to make sure a driver has not switched to allow a more intoxicated driver from taking over. You will also find the DUI law uses this tool to prevent a full license suspension of the DUI offenders. The DUI law has been increased to provide safety on the roads.

Do you think you have a case for personal injury, malpractice, divorce, or any other type of law? If you do you will need a lawyer. The trouble is there are several thousand lawyers out there just on the internet and the choice in finding a lawyer appropriate for your case becomes more difficult. When you are trying to find a lawyer there are a few guidelines you will want to follow. Below you will find out how to choose the appropriate lawyer for your needs.
When trying to find a lawyer you first must understand the case you have. Some cases are very easy to determine, for instance those who have been in an accident often have personal injury needs. Those with problems at a hospital with a medical condition will have a malpractice suit and on and on. Once you have determined the type of lawyer you need finding a lawyer becomes a little easier.
You may have a general practice lawyer or someone you have dealt with in business law. Most of us know someone who has had a lawyer or have already used a lawyer in the past. In this case you can ask the person for a referral. If you have a business lawyer you can ask them to recommend someone in the field of expertise you need. They will often have at least one name for you and a few to keep away from. Those who have worked with lawyers such as family or friends will also be able to give recommendations. They may say you don’t want this person or that their lawyer can help you. In either case you are better off to ask for a referral in finding a lawyer rather than other options.
In law there are those who try to find as many cases as possible regarding personal injury as it is how they get paid. To avoid this type of lawyer you will want to check their record. You can speak with the courts on the cases they have won, lost, and how many years of practice. You can seek the state bar exam board to check up on them, and you can always check the better business bureau for information. You don’t just want to use the internet, newspapers, and telephone book to find a lawyer.
The key to finding a lawyer that will help you out is knowing as much about them professionally as possible. You want to understand how many years they have practiced and what their specialty really is. Other wise you may find someone who is more out for the gain they will get rather than the gain you will get. When you deal with finding a lawyer, ask them their policies. Kind of interview them during the course of the conversation as well. Some lawyers will not charge unless the case is won, while others will charge a small fee during the entire process. It will depend on the case and of course the lawyer.

As a narcotics prosecutor, getting drugs into evidence is often times the last thing you think about. This is not surprising, as you often times are worrying about how your police officer is going to describe his transaction with the defendant or how you plan on cross-examining witnesses. But having a thorough understanding of the legal requirements for getting your drugs into evidence and establishing chain of custody is critical. If you cannot get your drugs in evidence, then you have no case, regardless of how well your police officers testified or how effective your cross-examination was.
A prosecutor must establish two things to get drugs admitted into evidence. First, the prosecutor must show that the drugs offered at trial are the same drugs associated with the crime for which the defendant is charged. Second, the prosecutor must show that the drugs have not been tampered with.
How can a narcotics prosecutor provide reasonable assurances to the court of a drug's identity and unchanged condition? The answer lies with establishing an unbroken chain of custody. Establishing an unbroken chain of custody is not rocket science. In fact, as the New York Court of Appeals has observed, establishing it should be resolved in a common-sense fashion. People v. Julian, 41 N.Y.2d. at 342-44. Moreover, once an unbroken chain of custody has been established, any defects in the chain will ultimately affect the weight the jury places on the evidence, as opposed to its admissibility.
The critical factors that a narcotics prosecutor must establish are that the drugs at issue have remained in police custody throughout, and that the chemist received a sealed, identifiable container holding those drugs. People v. Matos, 255 A.D.2d at 156-57. Here are some of the questions to ask yourself in determining whether the drugs have remained in continuous police custody.
-Are the drugs in substantially the same condition as when the officer had recovered them?
-Were the drugs placed in a sealed narcotics envelope at the scene of the defendant's arrest?
-Did anyone else have access to the drugs apart from the officer in possession of the narcotics envelope?
-Were the drugs taken from the scene and brought to the precinct?
-Were the drugs assigned a unique voucher number?
-Were the drugs placed inside a narcotic safe at the precinct until they came into the possession of a police chemist?
It is the last question that some savvy defense attorneys will take issue with. Typically, drugs are not tested immediately after a defendant's arrest. In some cases, a few weeks to a month elapse before drugs are tested by the police chemist. And, when drugs are tested, they do not go directly to a chemist, but instead to the laboratory. Only when the chemist is ready to test the drugs does a clerk assign the drugs to the chemist. When the chemist is done testing the drugs, the chemist will then give it back to the clerk, who then secures it.
Using these facts, a defense attorney will argue that a drug's chain of custody could not be established, because the officer who recovered and vouchered the drugs did not see the drugs between the time he recovered it until it was tested, and because the chemist did not remember who had given him or her the narcotics or who had come to retrieve them after the testing.
Most judges know that these arguments are without merit. But you must be prepared for them, because if a judge does not understand chain of custody as it relates to narcotics, a defense argument like the one above will sound logical. In such a case, a judge will starting ordering you to call every witness who touched the drugs or who had access to them, from all the police officers who were responsible for the narcotic safe to the clerks at the laboratory who retrieved the drugs.
Of course, so long as you can show that the drugs were continuously in police custody and were in sealed condition, you have provided the reasonable assurances of the identity and unchanged condition of the drugs for its admissibility. But, just because you were able to get the drugs into evidence, does not necessarily mean the jury will give it the appropriate weight. If the defense starts cross-examining your witnesses on chain of custody issues, then he will more likely than not raise those arguments to the jury during his summation. You should consider protecting your case by calling a few witnesses that can bolster your proof that the drugs were, in fact, in continuous police custody.

A public company limited by shares is a type of company whose shares can be traded in a public stock exchange. The name of the company is always suffixed by PLC (Public Limited Company). In order to form a limited company, it must be registered with the Companies House.
There are a few minimum requirements that must be taken care of when incorporating a public company limited by shares. The minimum share capital requirement to form a public limited company is £50,000 and out of this 25% must have been paid for. Secondly, in order to start a public limited company, it is necessary to have a minimum of two shareholders and two directors. One of the directors can also assume the role of a company secretary. Finally, a certificate of entitlement is a necessity in order to borrow capital and do business. The fulfillment of all these requirements is absolutely necessary in order to incorporate and register the company.
While choosing the company directors for a public company limited by shares, some things have to be kept in mind. The person must not be bankrupt or disqualified under law from holding a directorship. He must not be 70 years of age during appointment or while in office, until a special resolution is passed regarding the same. However, there is no minimum age for appointment of the director in under UK law. But appointment must be carried out only after the consent of the person.
The secretary and the joint secretary of a public company limited by shares must also be chosen with great care and after considering a number of factors. He must be a capable and knowledgeable person who is aware of his responsibilities in the company. He must be quite experienced in his field of work. Even barristers, attorneys or solicitors who have been practicing in UK are eligible for the post.
Forming a public company limited by shares is quite easy. It just requires the submission of a few documents with the Companies House. This process can be undertaken either manually, electronically or through a company formation agent.

The Social Security Administration pays disability benefits in two different ways. The first way is through the Social Security disability insurance and the second one is through the Supplemental Security Income (SSI) Program.
Social Security pays benefits to people who can’t work because they have a medical condition that is expected to last at least one year or result in death. The federal law requires such strict definition of disability, while some other programs give individuals benefits who have a partial-disability or have short-term disability, Social Security doesn’t. An individual must meet certain earnings requirements in order to be eligible for benefits. Individuals must meet two different earnings tests to be eligible for disability benefits. The first test is a “recent work” test which is based on the individual’s age at the time they became disabled and the second test a “duration of work” test to show that they worked long enough under Social Security. An individual should apply for disability benefits as soon as they become disabled because it can take a long time to process the application for disability benefits. It typically takes about 3 to 5 months. After the application is sent the Social Security Administration will review their application and make sure they meet some basic requirements for benefits such as whether they worked long enough to qualify and they will evaluate any current work activities. If these requirements are met then they will then send your application to the Disability Determination Services office in their state. This agency makes the decision for the SSA, they use their doctors and disability specialists to ask their doctor information about their condition, all facts in their case will be considered. They will also use evidence from any hospital, doctor’s office, clinics or institutions that the individual has been treated in order to obtain all other information.
The Supplemental Security Income program makes monthly payments for individuals with low income and few resources who are also disabled. They also make monthly payments for individuals who are 65 and older and individuals who are blind. In order to be eligible to obtain SSI benefits, the eligibility is based on income and resources which are the things an individual owns. According to the Social Security Administrations income is defined as money you receive such as wages, Social Security benefits, and pensions. Income can also include such things as food and shelter. The amount of income an individual can receive each month and still get SSI depends partly on where the individual lives. In order to obtain information pertaining to how much an individual will receive based on the state they live in, they should call the Social Security Administration at 1-800-772-1213. Social Security doesn’t count all of an individual’s income when deciding whether or not they qualify for SSI benefits. Things that Social Security doesn’t count are; the first $20 a month of most income an individual receives, the first $65 a month an individual earns from working, and half the amount over $65, food stamps, shelter they receive from a nonprofit organization(s) and lastly most home energy assistance. If an individual is married the Social Security Administration also includes a part of their spouse’s income and resources when deciding whether they qualify for SSI, and if an individual is under the age of 18 the SSA includes part of their parent’s income and resources and if an individual is a sponsored noncitizen they may include their sponsor’s income and resources. If the individual is a student then some of the wages or scholarships they receive may not count. If an individual is disabled but works Social Security doesn’t count wages an individual uses to pay for items or services that may help them work, for example if an individual buys a wheelchair to be able to work, Social Security doesn’t count those expenses when deciding whether they qualify for SSI benefits. Social Security also doesn’t count any wages a blind individual uses for work expenses, for example transportation to and from work are not included in determining eligibility for SSI. Lastly, if an individual is disabled or blind some of the income they use or save for training or to buy things they need to work may not be counted. Resources that are counted in determining eligibility for SSI benefits are; real estate, bank accounts, cash, stocks and bonds. An individual may be able to get SSI benefits if their resources are worth no more than $2000, and a couple may get benefits if their resources are worth no more than $3000. Also if an individual owns property that they are trying to sell, they may be able to get SSI while they are trying to sell it. Social Security does not count the following in determining an individual’s eligibility for benefits. First the home they live in and the land it’s on, life insurance policies with a face value of $1,500 or less, an individuals car (usually), burial plots for an individual and members of their immediate family and lastly up to $1,500 in burial funds for the individual and up to $1,500 in burial funds for their spouse. Other rules that an individual must meet for eligibility are; to obtain SSI they must live in the U.S. or the Northern Mariana Islands and be a U.S. citizen or national. In some cases, noncitizen residents can qualify for SSI. For the rest of the rules an individual must meet in order to be eligible for SSI benefits please visit the social security web site .
It should be noted that the basic SSI amount is the same nationwide however many states add to the basic benefit. In order to find out whether an individuals state adds extra benefits call the Social Security Administration. Lastly the Social Security Administration manages the SSI program however even though Social Security manages the program, SSI is not paid for by Social Security taxes. SSI benefits are paid for by the U.S. Treasury general funds, not the Social Security trust funds.

If you have been dismissed from your employment you may be able to claim unfair dismissal. Unfair dismissal is a legal term which applies to a dismissal from employment which is deemed by an employment tribunal to be unfair.
Unfair dismissal is a right which comes from the Employment Rights Act 1996. It is therefore a statutory right. It can only be claimed in an employment tribunal and not in a court.
Employment tribunals are very similar to courts but theoretically they have more relaxed rules on procedure and in relation to evidence. I say in theory because in some areas tribunals are just as strict when it comes to following the rules in relation to evidence.
So who can claim unfair dismissal? There are certain criteria that must be met.
The first is that you must have been an employee. Being a worker such as an agency worker or being self-employed is not enough.
The second is that you must have at least one year's continuous service. There are some exceptions to this rule. If you have been dismissed for such things as your trade union activities, performing health and safety duties or whistle blowing you may be able to make a claim in your first year of service. This list is not exhaustive but these are the most common exceptions.
The third is that you need to have been dismissed. This can be with or without notice from your employer. It can also include a situation where you are forced to resign because your employer has breached a major term of your contract, for example where your employer breaches the implied term of trust and confidence.
If you meet the above criteria then you may be able to bring a claim for unfair dismissal. Whether or not your dismissal was fair depends on the reason for the dismissal, whether the statutory dismissal procedure was followed and whether a generally fair procedure was followed.
For your employer to fairly dismiss you it first must show that the reason for the dismissal was a potentially fair reason under the Employment Rights Act 1996. The most common potentially fair reasons are (mis)conduct, capability (either a lack of skills or ill health making you incapable) and redundancy.
Even if your employer can show that it has dismissed for a potentially fair reason then it must still show that it has followed the statutory dismissal procedure. To comply with this it must write to you giving you the reasons why it contemplates dismissing you and invite you to a meeting discuss the situation. It must give you adequate time to prepare for the meeting and give you all the information it will be relying on at the meeting. At the meeting it must listen to your representations. It should make a decision following the meeting and confirm it in writing. If the decision is taken to dismiss you then you should be given a right of appeal. If you do appeal your employer should hold an appeal meeting and following the meeting it should confirm the outcome in writing. If this procedure is not followed the dismissal will be automatically unfair.
Finally your employer must follow a fair procedure. What amounts to a fair procedure depends on the circumstances of the case. So for example if you have been dismissed for misconduct then your employer needs to have fully investigated the situation, let you know what they have found out during the investigation, given you an opportunity to have your say at the disciplinary meeting and considered whether in the circumstances it would be fair to dismiss you. A failure to follow a fair procedure may result in a finding of unfair dismissal.

If an individual applies for Social Security disability insurance and is denied there is an appeals process they can through in order for reconsideration of their application.
If an individual wishes to appeal the Social Security Administration’s decision regarding their application for disability insurance they can do so, however they must make their request in writing within 60 days from the date they received Social Security’s denial letter. The Social Security Administration assumes that the individual receives their letter five days after the date posted on the letter, unless an individual can show them they received it later. There are generally three or four levels of appeals; the first being reconsideration, second is a hearing by and administrative law judge, third is a review by appeals council and lastly is a federal court review. When the Social Security Administration sends an individual their letter about their decision on their claim they give them instructions on how to appeal the decision.
The first level of appeals is reconsideration. Reconsideration is a complete review of the individual’s application by someone who didn’t take place in the first decision. The individual at the Social Security Administration reviewing the application will look at any evidence submitted when the original application was sent in and also any new evidence. Most of reconsideration reviews are done without the individual present, however if the individual is appealing a decision that they are no longer eligible for disability insurance because their condition has improved, they can meet with a Social Security representative to explain to them why they believe they still have a disability.
The second level of appeals is a hearing by an administrative law judge. If an individual disagrees with the reconsideration decision, they may ask for a hearing. The administrative law judge conducting the hearing is one who had no part in the first decision or the reconsideration decision in the individual’s case. The hearing is held usually within 75 miles of the individual’s home, and the administrative judge notifies the individual of the time and place of the hearing. The individual and their representative (if they have one) may come to the hearing to explain their case to the judge in person; they may look at the information in their file and give any new information that they have. In order for the administrative law judge to make his/her decision they will question the individual and their witnesses they bring to the hearing. Other witnesses such as medical and vocational experts may also give the judge information at the hearing. The individual or representative then also may question the witnesses. It is usually to the individuals advantage if they attend their hearing, however if they chose not to do so they must notify the Social Security Administration in writing that they don’t want to attend. In some situations they hearing may be held as a video conference rather than in person. The individual will be notified ahead of time if this is the case. A video conference is often more convenient for the individual, it also is usually faster to schedule a video conference than an in-person hearing. Lastly the video conference may also make it closer to their home so it would make it easier for the individual to have witnesses and others accompany them. Unless the administrative law judge believes that the individual presence is needed to decide the case he or she will make their decision based on all the information in the individual’s case and that’s including any new information. Lastly when the administrative law judge has reached their decision the individual will be sent a letter and a copy of the administrative law judge’s decision.
The third level of appeal in denial of Social Security disability benefits is an appeals council. This level of appeal happens when the individual doesn’t agree with the hearing’s decision they make ask for a review by the Social Security’s Appeals Council. The Appeals Council looks at all requests for review, they can however deny a request if they believe that the decision of the hearing was correct. If the Appeals Council decides to review the individual’s case it will either decide the individuals case itself or it will return it to an administrative law judge for further review. If the Appeals Council denies the individuals request for a review they will send the individual a letter explaining the denial, if the Appeals Council makes a decision on the case the individual will be sent a copy of the Appeals Council’s decision, and lastly if the Appeals Council returns the case to an administrative law judge for further review the individual will receive a letter and a copy of the order for further review from the Appeals Council.
The last level of appeals is federal court. If the individual disagrees with the decision of the Appeals Council or the Appeals Council denied request for a review of their case, the individual may file a law suit in a federal district court. The letter that the Social Security Administration sends to the individual explaining about the Appeals Council’s action will also have information regarding how to ask a court to look at the individual’s case.
An individual may still be eligible to receive disability insurance while the Social Security Administration makes a decision on their appeal if, the individual is appealing a decision that they can no longer get Social Security disability benefits because their medical condition is not disabling or, if the individual is appealing the Social Security Administration’s decision that they are no longer eligible for SSI payments or that their SSI payments may be reduced or suspended. If the individual wishes to continue receiving benefits they must notify the Social Security Administration within ten days of receiving the administration’s letter. If the individuals appeal is turned down they might be required to pay back any money they were not eligible to receive.

If you or a loved one ever face criminal charges, there's no doubt that you will experience a tremendous amount of anxiety. And, in the midst of your distress, you'll need to select a criminal defense attorney. The urgency of your situation may hinder your ability to give careful consideration to finding the right attorney to represent you or your family member.
All practicing attorneys are educated in a variety of areas of law, and regardless of whether you live in Bothell, Washington or Ft. Lauderdale, Florida, all licensed attorneys will meet the requirements set forth by your state. That doesn't mean, however, that every attorney has experience in handling criminal defense. Here, then, are tips to help you select the criminal defense attorney that will best serve you or your loved one.
1. Look for a Team, Rather than an Individual
Although many law firms employ a business strategy that calls for assigning a single lawyer to each case, this is often not the best approach to criminal defense. For example, when the assigned attorney is working on another case, out of the office, or on vacation, you won't be able to reach her or him. In addition, since even an attorney with considerable experience isn't well versed in every situation, your case may suffer. Further, those who are prosecuting your case have a whole team of experts at their disposal; you should have a team on your side as well.
Ideally, you should select a law firm that works as a team. A former prosecutor and a former public defender, for example, would bring distinct perspectives to your case. In addition, the attorneys should have access to investigators and experts who will work on your behalf.
2. Look for Specific, Relevant Experience
Just as you wouldn't consult a mechanic if you needed your house painted, you shouldn't hire attorneys that focus on class action suits when you need lawyers who will mount your criminal defense. Find a law firm that concentrates on just a few types of legal matters, including criminal defense. For example, you might look for attorneys that have experience handling DUI, traffic ticket defense, probation violation hearings, and general criminal defense.
3. Get an Assurance of Trial Preparation
Often, criminal defense cases are plea bargained or settled out of court. Attorneys know this, so many law firms will agree to represent you but will never prepare for a potential trial. The result may be a cost savings to you, but such a move may cost you more in the long run. A law firm that prepares for trial is in a much better bargaining position than one that doesn't. When prosecutors know that your attorney is fully prepared to go to trial, you'll be more likely to get a favorable plea bargain or even to have your charges dismissed entirely.
4. Obtain the Fees in Writing
When you don't understand the basis for legal fees, or when an attorney charges by the hour with no limit in place, you can find yourself in financial ruin. On the other hand, you do get what you pay for when it comes to criminal defense matters. Find the balance between the quality of your lawyers and the fees they charge. The best way to do this is to find a law firm that operates on a fixed price (including a trial), and that openly provides their fee structure. Ideally, they should offer a free consultation, at which time they will fully disclose - in writing - all possible costs and fees associated with your case.

In the United States and particularly in Los Angeles County, California, car accidents are one of the leading causes for the high number of claims involving personal injury that are filed in courts.
As the number of cars on the road increases, and everyone is hurrying to get to their destinations, it is not surprising that many car accidents happen, daily.
According to the data released by the National Highway Traffic Safety Administration (NHTSA), a motor vehicle accident occurs almost every ten seconds on the highways of the U.S. Almost millions of people are injured as a result of these accidents. Their injuries range from superficial and mild up to critical.
Meanwhile, many of these auto accidents result to death in 13-minute intervals.
If you have been a victim of an accident and acquired injuries because of it, or you have lost a loved one due to the same reason, then you are entitled to file either a personal injury claim or a wrongful death claim. It would depend on the particular damages you and your family have sustained as a result of the accident.
Car Accidents Injuries and Fatalities
Car accident victims usually suffer death and mild to severe injuries like:
• traumatic brain injury or TBI• head injury• spinal cord injury or quadriplegia/paraplegia • neck injuries• broken bones• fractures
These injuries leave the car accident victims in a state of relentless pain and acute discomfort. The victims may also sustain hearing and eyesight impairments.
Furthermore, these injuries, even if treated correctly, may still cause the victim to acquire permanent or temporary disability and disfigurement.
Personal Injury Car Accident Claims
The federal and state laws entitle the car accident victims the right to recover damages and avail of fair compensation for the injuries they have sustained.
Here are the following conditions you need to fulfill as a car accident victim so that your personal injury claim is considered valid.
• The car accident was the direct cause of your injuries• The negligence or wrongful action of another person was the main cause of the accident. The victim has no participation in the cause of the accident.
The first step in establishing the validity of a personal injury claim is by proving the negligence of another party. If it has been proven that you also have a participation or fault in the accident, the law's standards will not give you any compensation.

As a victim of an automobile accident, you need to expound more ways, along with your auto accident lawyer on establishing a positive outcome for your personal injury claims. It is important to avoid the things that could wreck your claim for fair compensation and recover damages.
A highly acclaimed lawyer with experience and skill in auto accident cases know the factors that could affect a victim's personal injury case.
1. Jurors are usually highly suspicious whenever a lawyer and doctor in the case are on referral connections. Most accident lawyers must know that it would not do their client's claim any good if they are the one who referred a doctor for their treatments.
The insurance company has ways of finding out how many of the accident lawyer's clients have been referred to a certain doctor during the past months. Through this they can protest about the credibility of the doctor's testimony once they have found out that this medical service provider had patient's that were all being handled by the lawyer.
It is best for a client to avoid having anything to do with a medical service provider who is being referred enthusiastically by a lawyer.
Since an experienced accident lawyer may know about this anyway, you just need to be careful and avoid hiring a lawyer who insists on referring you one way or another.
2. Be aware that the defendant lawyer will be quite interested to know the accidents where you have been involved in the not so distant past. They will have their ways of getting access to this kind of information about you.
Insurance companies have databases containing this information. However, they may still ask such question to test your integrity on such matters.
Your lawyer may know this may create a problem to your case and investigate on such accidents to determine whether it could bring vital harm.
3. It is important never to hide any kind of injury that you have sustained during your accident. Coming clean and straightforward about your injuries on or before your accident is the best thing to do before your lawyer.
If you have consulted a health care provider on your past injuries before the accident or after, then there will always be existing records about it. You need not
hide it from your accident lawyer because eventually, your secret will be found out, either by the insurance company or the defendant's lawyer.
Your lawyer would consider it as a breach of trust especially if, depending on the circumstances, he/she was the one who discovered it.
4. If you have determined that one of the damages you felt was the loss of an income, remember that you can claim such only if your tax returns in the past are clean and reliable. If you do not have this, then be honest with your attorney so that he/she could find ways to mend this problem.
5. Once you filed your personal injury claim, remember that you may be put under the watchful eye of the insurance company. Private investigators may even be hired to monitor your activity on video.

The case of Anwar v Cambridge Housing Authority [2007], concerned an employee who was asked to accept changes to the terms of her employment which would have been very detrimental to her. The employee subsequently brought proceedings against her employer alleging unfair dismissal.
The employer denied the fact that the employee had been unfairly dismissed. Furthermore, the employer contended that the employee had been dismissed because she had refused to accept essential changes to her terms and conditions of employment following an extended period of consultation. The employer felt that this was a substantial reason to dismiss her, and therefore the dismissal was justified.
Upon hearing the case, the employment tribunal found that the employee had been unfairly dismissed. The employer then appealed on the grounds that the tribunal had misdirected itself in law and fact, however, the appeal was dismissed.
It was held that although a different employment tribunal might have come to a different conclusion would not amount to an error of law. In this case, on the evidence before it, the tribunal had been entitled to come to the conclusion that it had. The tribunal had heard and saw the relevant witnesses and reviewed the appropriate evidence before it. It was therefore entitled to reach the conclusion that it had. It was also held that the tribunal had not erred in law.

The case of Blundell v Governing Body of St Andrews Catholic Primary School and Another [2007], concerned a woman who claimed that she was discriminated on the grounds of her pregnancy. Regulation 18 of the Maternity and Parental Leave (etc) Regulations 1999 (“the Regulations”) provides:
'(2) An employee who returns to work ... is entitled to return from leave to the job in which she was employed before her absence, or, if it is not reasonably practicable for the employer to permit her to return to that job, to another job which is both suitable for her and appropriate for her to do in the circumstances'.
Regulation 2(1) provides:
'"Job" in relation to an employee returning after ... maternity leave ... means the nature of the work which she is employed to do in accordance with her contract and the capacity and place in which she is so employed'.
The claimant was a teacher at the first respondent school. In the school year 2002 to 2003 she was given the responsibility of being a teacher for the yellow reception class. In June 2003, she told the second respondent, who was the head teacher, that she was pregnant.
The head teacher's standard practice towards the end of the school year was to ask each teacher what their preferences were on class allocation for the coming academic year. She usually tried to keep each teacher in a particular role for two years. Having been told of the impending maternity leave, the head teacher asked the claimant if she would undertake “floating duties” in the following year.
The claimant originally agreed, however, the next day told the head teacher that she did not wish to have a “floating role”. The head teacher then told the claimant that she had decided, reluctantly due to her concern about the disruption to the children, to allow the claimant to teach reception yellow again.
Subsequently, on the 5th of December, before the end of the school term, the claimant took sick leave because she was suffering from a pregnancy related condition. She then had her baby in January 2004. She was not due to return to work until the start of the autumn term and the head teacher did not ask her for her preference as to class allocation in June 2004.
Shortly before her return to work the head teacher offered her the option of a “floating role” or class teacher of class two. The claimant opted for the latter, although she had never taught year two previously and, on her case, year two involved heavy responsibility.
The claimant subsequently presented a claim for sex discrimination in the employment tribunal, complaining that she had suffered a number of detriments by reason of her pregnancy. The tribunal dismissed the claim and so the claimant appealed to the Employment Appeals Tribunal.
On appeal, an issue arose as to the meaning of “job” in the phrase ”the job in which she was employed before her absence” in regulation 18(2) of the Regulations.
The appeal tribunal held as follows:
The aim of the Regulations was to provide that a returnee came back to a work situation as near as possible to that she left. The purpose of the Regulations was continuity, preferably avoiding dislocation. The contract was not definitive. The phrase “in accordance with her contract” qualified only the 'nature' of the work. The tribunal felt that capacity was more than 'status', although might encompass it. It was deemed a factual label and so was descriptive of the function which the employee served in doing work of the nature she did. The fact that it was a factual label, and so not determined purely by the contract, was most readily demonstrated by considering the word 'place', which was also not purely contractual.
The level of specificity with which the three matters 'nature', 'capacity' and 'place' were to be addressed was critical and the central question was how the level of specificity should be determined and by whom.
The question was essentially one of factual determination and judgment and hence for the tribunal at first instance.
In approaching the question, the tribunal had to have in mind both the purposes of the legislation and the fact that the Regulations themselves provided for exceptional cases. These exceptional cases being where it was not reasonably practicable for the employer to permit her to return to her previous job, the employer might provide for her return to another job which was both suitable for her and appropriate for her to do in the circumstances.
The legislation sought to ensure that there was as little dislocation as reasonably possible in her working life, and given that the purpose of the legislation was to protect the employee there was no need to construe 'the same job' as covering a broad spectrum of work in order to ensure an appropriate balance between employer and employee.
The term “Job” could be quite specifically defined. Leeway was provided by an employer being able to provide a job which was not the same job, but was still suitable. Where a precise position was variable, a tribunal was not obliged to freeze time at the precise moment its occupant took maternity leave, but might have regard to the normal range within which variation had previously occurred.
In this case, the tribunal had given the right answer on the findings of fact it had made.
Throughout its decision was the theme that the claimant could be required to teach any class as asked by her head, and that was a real, not simply a theoretical requirement deriving from the contract alone.
§ The nature of her work, according to her contract, was as a teacher.
§ Her capacity, as a matter of fact, was viewed more realistically as a class teacher than as a teacher of reception yellow.
§ The place of work could not be said to be the reception classroom, but the school.
The post the claimant returned to was the same post, if the level of specificity was properly to be regarded as 'teacher'. If it was temporarily more specific, because the precise post varied, the question was whether the job on return fell outside the boundary of what was permissible. It was clear that the tribunal found that it was not outside the normal range of variability which the claimant could have expected.

The recent case of Millam v Print Factory (London) 1991 Ltd [2007], involved a dispute relating to the Transfer of Undertakings (Protection of Employment) Regulations 1981 (“TUPE”). The employee was employed by Print Factory Ltd (PF). The holding company of PF was taken over and subsequently sold to M Ltd by way of a share sale agreement. The employee was informed that the identity of his employer was not changing, but was later told that his employment had been ‘continued’ under the TUPE Regulations.
Furthermore, the employees of PF were told at the time of sale that it was M's intention to fully incorporate the business of PF into their own. After the takeover, the PAYE documents showed that M was the company which now paid the employee’s wages. M also managed the contributory pension scheme. Even so, the companies were registered as being separate, and were being run as two separate companies with M controlling PF's activities.
The employee was dismissed and so complained to the Employment Tribunal.
Subsequent to that dismissal, PF bought the business of M and became the respondent to the complaint. A preliminary issue was ordered to be tried as to whether the employee's employment had by operation of the TUPE Regulations transferred from PF to M at the time PF was sold by its parent company to M.
The tribunal duly concluded that there was indeed a TUPE transfer from PF to M. PF then appealed to the Employment Appeals Tribunal (“EAT”). The grounds for the appeal by PF were that the tribunal had erred in law in that it had ‘pierced the corporate veil’ in reaching its conclusion, which was not permissible. The EAT determined that the companies were, as a matter of law, run independently. It was therefore plain that PF retained its own assets and its own employees.
The EAT decided that the lack of independence, which was typical of a subsidiary, did not demonstrate that the holding company owned the subsidiary's business and that, as a matter of law, it was the corporate entity that ran the business. In the absence of any sham, the courts were entitled to look no further. The EAT held that the appeal succeeded due to the fact that the effect of the tribunal's decision was to ‘pierce the corporate veil’, which it was not entitled to do.
The employee appealed. The appeal was dismissed.
The legal structure, although important, could not be conclusive in deciding the issue of whether, within that legal structure, control of the business had been transferred as a matter of fact. The EAT had misdirected itself.
An issue of ‘piercing the corporate veil’ only arose when it was established that activity x was carried on by company A, but for policy reasons it was sought to show that in reality the activity was the responsibility of the owner of company A.
In this case, the tribunal did not find that the activity was being carried on by PF, and then ‘pierced the veil’ to attribute the activity as a matter of law to M. It was held that, as a matter of fact, the activity was being carried on by M, and not by PF. That concentration on the issue of corporate structure led the EAT not to give proper weight to the findings of the tribunal.

A DUI firm is a type of law firm that focuses solely on 1 type of criminal defense; drunk driving defense, or more commonly referred to as DUI defense. When first charged with a DUI you're bombarded with advertisements from lawyers trying to solicit your business and it's difficult to know what to look for when choosing a lawyer. We'll highlight how to evaluate and select the best defense for you.
DUI stands for driving under the influence and it could mean being under the influence of either alcohol and/or drugs or both. Prescription drugs are also included within the DUI definition.
When arrested and accused for drunk driving your defense counsel selection will depend on what you think is a realistic outcome based on your specific circumstance. Here we'll highlight when you should go with a DUI specialist and when a more general lawyer would suit your purposes.
You are best advised to seek out the guidance of a specialized law firm that only deals with drunk driving cases (rather than a general criminal defense firm) if you are trying to beat your case and get off completely. A DUI firm will have lawyers very familiar with fighting and winning these types of cases but the cost to you will be considerably more than if you get a general lawyer. But there are also reasons why you'd be ok with a lower priced general criminal defense lawyer- it all depends on the circumstances.
Reasons You May Select A General Criminal Defense Lawyer
1. If cost is a major concern a general criminal defense lawyer would be a better choice.
2. If you know you're guilty or the evidence against you is overwhelming and maybe you're merely looking for a lawyer to guide you through the system and merely try to minimize your punishments, etc... you could accomplish this with a general criminal lawyer.
Reasons You May Want to Select a DUI Lawyer
1. A DUI firm will have similar case experience and hopefully a proven track record of getting clients positive results in your exact situation- so there's a better chance of actually 'beating the DUI'.
2. By choosing a highly skilled DUI defense lawyer you are sending a message to the district attorney’s office that you are aggressively fighting the charge. If their case is weak and/or they have too many other cases to deal with they will be much more likely to cut you a deal than if they thought you were just going to be easy to convict.
3. Peace of mind. You’ll have a certain peace of mind by knowing that you are choosing the most experienced, highly skilled lawyer for your specific situation.
So by now hopefully you realize that if you are facing a DUI charge there's basically 2 major classes of lawyers for you to choose from; general criminal defense lawyers or specialized DUI lawyers.

The Social Security Administration can provide benefits in three different categories, they include; when you retire, if you become disabled, and lastly when you die. Information about Social Security benefits can be found on the Social Security Administration’s website. The age to receive full retirement benefits has been 65 for many years now however for people born after 1938 it is gradually increasing until it reaches the age of 67 for people born after 1959. An individual may start receiving retirement benefits as early as age 62, however if an individual decides to receive benefits starting at age 62 then their benefits are reduced a fraction of a percent for each month before your full retirement age. To find out how much an individual would lose if they retire at age 62 you can visit the social security web site. An individual has the choice to retire between the age of 62 and the full retirement age. An Individual qualifies for Social Security benefits by earning Social Security credits when they work in a job and pay Social Security taxes.
The credits are based on the amount of the individual’s earnings and their work history is what determines their eligibility for retirement, disability and survivor’s benefits when an individual dies. For the year 2007 an individual receives one credit for $1,000 of earnings, up to the maximum of four credits per year. Each year the amount of earnings needed to receive credits increases slightly as the average earnings level increases. The credits earned remain on the individual’s Social Security record even if they change jobs or are without earnings for a while. There are special rules that apply for Social Security coverage for certain types of work.
If an individual is self-employed then they earn the same amount of credits as employees however special rules apply if they have net earnings of less than $400. For individuals in the military they earn credits the same way civilians do however there is an opportunity to get additional credits under certain conditions. There are also special rules that apply to individuals that have jobs that include; domestic work, farm work or individuals that work for the church or church-controlled organizations that don’t pay Social Security taxes.
There are also types of work that don’t count toward Social Security. Most federal employees hired before 1984, because since January 1, 1983 all federal employees have paid the Medicare hospital insurance part of the Social Security Tax. Others who are affected by this are railroad workers who have more than 10 years of service. Employees of some state and local governments chose not to participate in Social Security also don’t qualify and lastly children younger than the age of 21 who do household chores for a parent. An individual also may choose to delay retirement benefits. If this is the case their benefits will be increased by a certain percentage depending on the year they were born and the increase will be added automatically from the time they reach full retirement age until the time they decide to retire or until they reach age 70, whichever comes first. One last thing to consider about retirement benefits is if an individual works and gets benefits. An individuals earnings in or after the month they reach full retirement age will not reduce their Social Security benefits however their benefits will be reduced if their earnings exceed certain limits for the months before they reach full retirement age.
If an individual works and starts receiving benefits before full retirement age then $1 in benefits will be deducted for each $2 in earnings they have above the annual limit. In 2007 the limit is $12,960. In the year that the individual reaches full retirement age then their benefits will be reduced $1 for every $3 they earn over a different annual limit, for 2007 its $34,440, until the month they reach their full retirement age. Once the individual reaches their full retirement age they can keep working and their Social Security benefits won’t be reduced no matter how much they earn.
Another helpful benefit that the Social Security Administration offers is disability benefits. The Social Security Administration pays disability benefits in two different ways, one being through the Social Security disability program insurance, the second one is through the Supplemental Security Income (SSI) program. To find information regarding the SSI disabilities program please click on the link provided. Social Security pays benefits to people who can’t work because they have a medical condition that is expected to last at least one year or result in death. The federal law requires such strict definition of disability, while some other programs give individuals benefits who have a partial-disability or have short-term disability, Social Security doesn’t. An individual must meet certain earnings requirements in order to be eligible for benefits. Individuals must meet two different earnings tests to be eligible for disability benefits. The first test is a “recent work” test which is based on the individual’s age at the time they became disabled and the second test a “duration of work” test to show that they worked long enough under Social Security. An individual should apply for disability benefits as soon as they become disabled because it can take a long time to process the application for disability benefits. It typically takes about 3 to 5 months. After the application is sent the Social Security Administration will review their application and make sure they meet some basic requirements for benefits such as whether they worked long enough to qualify and they will evaluate any current work activities. If these requirements are met then they will then send your application to the Disability Determination Services office in their state. This agency makes the decision for the SSA, they use their doctors and disability specialists to ask their doctor information about their condition, all facts in their case will be considered. They will also use evidence from any hospital, doctor’s office, clinics or institutions that the individual has been treated in order to obtain all other information.
Lastly another option that the Social Security Administration offers is Survivor’s benefits. People usually only consider Social Security as paying retirement benefits however some of the Social Security taxes that individuals pay go towards providing survivors insurance for workers and their families. The value of the survivors insurance the individual has under Social Security is probably more than the value of their individual life insurance. As an individual works and pays Social Security taxes they earn credits toward their Social Security benefits. The number of years and individual needs to work depends on the age of the individual when they die. The younger a person is the fewer the years they need to have worked, but no one needs to work more than 10 years in order to be eligible for Social Security benefits. Under a special rule if an individual has only worked for a year and a half in the three years just before death, benefits can be paid to individuals and their spouses who are caring for the children. Those who are eligible for survivor’s benefits include; the individual’s widow/widower at age 65 if they were born before January 1, 1940 or at age 67. Reduced widow benefits can be obtained as early as age 60. The individual’s widow or widower can receive benefits at any age if he/she takes care of their child who is eligible to a child’s benefit and is age 16 or younger or who is disabled. An individual’s unmarried children who are under age 18 or 19 if they are attending elementary or secondary education full time. Their children can get benefits at any age if they were disabled before age 22 and remain disabled. Under certain circumstances benefits could also be paid to stepchildren, grandchildren, or adopted children. Dependent parents may also receive benefits if they are 62 or older. If an individual was divorced their former spouse is eligible if they are 60 and older and if their marriage lasted longer than 10 years. If an individual’s former spouse doesn’t meet the age requirement or length-of-marriage requirement but are caring for his/her child under the age of 16 they can still be entitled.

The Companies Act 2006 (“the Act”) is now the longest Act ever drafted by the UK legislature, running to 1,300 sections. The purpose of this new legislation is to introduce many reforms to the law and to consolidate virtually all existing company legislations. It is written in simplified language, with a particular focus on small businesses. The key points in relation to the Act are as follows:
§ The Act is intended to help businesses save £250 million a year.
§ The Act was designed to codify directors’ duties, shareholders rights and the other legal requirements relating to modern corporate governance.
§ The seven general duties are set out in s.170 to s.181 of the Act.
§ The duty for a director to act within their powers codifies the common law rule that directors should exercise their powers within the terms that were granted and only for a proper purpose.
§ There is a new duty on directors to act in a way that would be most likely to promote the success of the company. The director is required to have regards to their wider corporate social responsibility, with specific mention of the surrounding community and environment.
§ A positive duty on a director of a company to exercise independent judgement has been introduced.
§ There is a duty on directors to exercise reasonable care, skill and diligence in their day to day working activities.
§ Directors have a duty to avoid conflicts of interest.
§ Directors now have a positive duty not to accept benefits from third parties.
§ The purpose of s.177 of the Act is to reflect s.317 of the 1985 Act, in that it requires a director to disclose his interest to the board of the company when a transaction is proposed between a director and his company. A director to declare both the nature and the extent of the interest to the other directors.
§ The Act makes it clear that the statutory general duties are to be interpreted and applied in the same way as the existing common law rules and equitable principles on which the Act is based. The Act contains a number of new provisions which improve the rights which affect shareholders. There is now restricted access to the register of members.
§ There is new provision of information rights and voting rights to indirect shareholders.
§ The shareholders now have extended rights to sue directors in certain negligence situations.
§ The Act makes it easier for investors who hold shares through intermediaries such as nominee brokers, to exercise their rights.
§ The Act also gives additional rights to information for nominated persons in quoted companies.
§ A registered member can now nominate another person to enjoy or exercise any or all of the registered member's rights.
§ The period in which accounts must be filed has been reduced from 10 to 9 months from the end of the financial year.
§ Private companies do not have to obtain a court order for the reduction of their share capital.
§ There is no longer a prohibition on private companies from providing financial assistance for the purpose of the purchase of their own shares.
§ Where private companies only have one class of shares, the directors of the company will have unlimited authority to allot shares unless the articles of association provide for the contrary.
§ Private companies can convene meetings on short notice where consent is given by 90% of shares carrying the right to vote.
§ Small private companies are no longer required to hold Annual General Meetings. However should they wish to do so, provision can be made as such in their articles of association.
§ The requirement for unanimity in written resolutions by shareholders has been abolished, and in future they can be passed by an affirmative vote of 75% of all of the eligible votes for both ordinary and special resolutions. In addition to this, members holding 5% of the voting rights (or such lower amount as specified in the articles of association) can require that a written resolution be circulated for approval.
§ There is no longer a need for private companies to appoint a company secretary. Although it should be pointed out that they can do so if they wish to.
§ Principal listed companies are now required to file their accounts within 6 months of the end of the financial year.
§ They also have to publish a number of documents on their company website – these include: their annual reports, their accounts, results of polled votes in annual general meetings and the results of any independent scrutiny of a polled vote as requested by a minority shareholder.
§ There are a few items which have to be added to the annual reports of companies listed on the main board of the London Stock Exchange – these include: Main factors which are likely to affect the future development, performance and position of a company, information on environmental, employees and social issues and information on contractual or other arrangements essential to the company’s business.
§ Political donations made by public companies now require shareholder approval.
§ Share transfers can now be carried out without the need for paper.
§ Companies can now be incorporated over the internet.
§ The articles of association will be treated as a company’s main constitutional document. The memorandum of association is now treated as part of the articles.
§ The Table A articles of association has been replaced with a modernised version.
§ A company’s capacity is now unlimited unless the articles of association specify otherwise.
§ A single director can now exercise a document as a deed, a witness is still required however.
§ The requirement for authorised share capital has been abolished. A company can redenominate their share capital from one currency to another without an order from the court.
§ Special resolutions now only require 14 days notice unless they are proposed at an annual general meeting.

The case of Anderson Antiques (UK) Ltd v Anderson Wharf (Hull) Ltd and Another [2007], concerned the ownership of an equitable interest in a development site.
The claimant company was the owner of several pieces of land comprising a development site (“the Site”). The second defendant was an experienced property developer and the sole director and shareholder of the first defendant company. The company was incorporated as a single purpose vehicle with the sole aim of acquiring and developing the Site.
In September 2006, a meeting took place between a representative of the claimant, A, and the second defendant (at the second defendant’s home). According to the defendants, at that meeting the parties entered into an oral agreement whereby the claimant agreed, upon the first defendant having secured the completion of various preparatory works and having obtained the necessary funding, to sell the Site to the first defendant for £2m.
The claimant accepted that A had visited the second defendant's home but denied that any such oral agreement had been entered into. According to the claimant, any discussions involving the Site had been limited to the second defendant's assertion that the first defendant could match a rumoured offer on the Site. An attendance note by the claimant's solicitor and relating to a telephone conversation with A which had taken place the day after the meeting supported the claimant's version of events.
Subsequently, the claimant sought to sell the Site by way of an informal tendering process. The defendants' solicitors made a written complaint concerning the accuracy of the contents of the particulars of sale. They did not, however, have any problem with the sale in the light of the purported oral agreement.
In the course of the ensuing correspondence, the defendants' solicitors accepted that they had no legal interest in the Site. The defendants had two bids under the tender process rejected. In February 2007, the defendants lodged notices against the registered titles of the Site, on the basis that they had an equitable interest in the Site arising from the alleged oral agreement to sell, and the expenditure incurred in detrimental reliance upon that agreement.
The claimant issued proceedings by which it sought:
§ A declaration that the defendants had no interest in the Site;
§ The cancellation of the notices against the registered titles of the Site; and
§ Damages under s.77 of the Land Registration Act 2002 (“the Act”).
The defendants issued a restitutional counterclaim and the claimant sought summary judgment.
Two main issues fell to be determined by the court:
§ Firstly, whether the defendants' case that an equitable interest in the Site had arisen by virtue of detrimental reliance on the alleged agreement had a real prospect of success; and
§ Secondly, if not, whether the second defendant was personally liable for any damages award made pursuant to s.77 of the Act.
The court ruled that in this case, the defendants had failed to demonstrate the existence of an oral agreement for the sale of the Site to the first defendants. The alleged oral agreement asserted by the defendants was simply incompatible with evidence before the court as well as with the conduct of the defendants.
In particular, the defendants' solicitors had admitted in correspondence that they had no legal interest in the Site, and the defendants had raised no objection to the claimant attempting to sell the Site by tender. In any event, even if such an oral agreement had existed, the first defendant's attempts to bid for the Site during the tendering process had been an acceptance of the claimant's repudiatory breach of that agreement. In such circumstances, the defendants' case had no real prospect of success.
As far as the second defendant’s personal liability was concerned, under s.77 of the Act the primary liability attached to the party making the application to the Land Registry. In this case, that party had been the first defendant.
However, the first defendant had merely been a single purpose vehicle, and it was clear that the second defendant had acted on the behalf of the first defendant in making the application. It had been the second defendant who had instructed solicitors in the course of the litigation, and he had made the statutory declaration in support of the application to the Land Registry. In such circumstances, the second defendant had clearly arranged the application for notices against the claimant's title, and therefore the liability under s.77 of the Act would also attach to him personally.