Once a person applies for social security disability, they will be subject to a medical examination by the social security administration. They are usual not that helpful. Those examinations are usually used as the basis for a denial of benefits. An applicant should not be discouraged from moving forward. The applicant’s treating doctor’s opinion will be given more weight by the judge than the social security doctor. Therefore, it is important for the applicant to maintain good communication with his/her doctor so when it is time for that doctor to be called on for their opinion, it will be a favorable report. Please contact attorney Bruce S. Lipsey for further questions. 781-829-9100. WWW. elclaw.com.

The option is there for an individual who is applying for Social Security Disability benefits to either apply on line herself, apply in person at the local social security office or have my law firm file it for you. Given the fact that there is a waiting period of five months before benefits can start, I would recommend waiting a few months before applying. Please contact me with any questions. Bruce Lipsey, Esq. 781-829-9100. elclaw.com

Everyone has seen those catchy ads for auto insurance where you can go on-line and save $500.00 on your auto insurance by picking and choosing your own coverage. The problem is that most of us do not know what we are picking. As an example, I have met with three clients in the last month who all in an attempt to lower their cost of auto insurance chose an $8,000.00 PIP deductible (two of the three did this on-line). Well they certainly saved some money on the cost of their annual auto insurance bill. However, what they did not realize is these minimal annual savings would cost them thousands of dollars in unpaid medical bills if they were involved in an automobile accident regardless of who was at fault. Sure enough, each was involved in an automobile accident and sustained some minor injuries. As a result of their choice of this PIP deductible, each was then required to pay their own medical bills despite the fact that each and everyone one of them had some form of health insurance. Before, you make a change to your automobile insurance coverage contact us at sclifford@elclaw.com to discuss what your short term savings may cost you long term.

I am happy to report that the long awaited overhaul of the Massachusetts Homestead Act is one step closer to becoming reality. While there are several important changes in the current proposal being debated on Beacon Hill, the most significant change is the creation of an automatic level of protection. Currently, unless you file a Declaration of Homestead at the Registry of Deeds the equity in your home is not protected. Under the new proposal, every homeowner would be granted this automatic protection of up to $125,000.00 of equity in one’s home without the need of filing any Declaration at the Registry of Deeds. As is the case now, if you choose to file a Declaration of Homestead at the Registry of Deeds this would this would allow you to obtain higher levels of protection, $500,000.00 for the typical homeowner and $600,000.00 if you qualify as disabled or are over the age of 62. In addition to this significant change, the new Act would eliminate the confusion that has developed over the years due to the typical language you see in a mortgage that terminates a previously filed Declaration of Homestead, allow transfers by family members or tenants in common without the need of filing a new Declaration of Homestead and allow beneficiaries of realty trust to exercise the protection of the Homestead Act. It is anticipated that the bill when it passes will contain the necessary language making these changes retroactive to all homeowners in addition to previously filed Declaration of Homesteads meaning no new filing is required.

After a workers’ compensation claimant starts to receive benefits, the insurer becomes anxious. They are in the business of saving money, not paying it out. So, if they started paying within 14 days of receiving notice of the claim, they have the right to terminate benefits with 7 days notice within 180 days. However, if the insurer convinces the claimant to sign a form to extend that period up to a year, they can cut the benefits off unilaterally beyond the 180 days. If they paid beyond 180 days (without the form signed), liability would be established and the burden to go before a judge to stop benefits would be on them. If the claimant signs the paper to extend, the burden would be on them to go to a judge to fight for their benefits back. SO, my advice nearly 100% of the time is to NOT sign this form. Please contact Bruce Lipsey at 781-829-9100 for details. Elclaw.com