We greatly appreciate the trust and confidence our valued clients have placed in Giannet Law Firm.
Motivational Monday
"Justice is sweet and musical; but injustice is harsh and discordant." Henry David Thoreau
Motivational Monday
Perseverance:
"The continued effort to do or achieve something despite difficulties, failure, or opposition." Miriam Webster’s Dictionary.
Encouraging our valued clients to persevere in their legal causes entrusted to us.
Giannet Law Firm
National Grandparents Day 9/13/20
"'Stand up in the presence of the aged, show respect for the elderly.” Leviticus 19:32
“Each generation of the bar is trained on the theory that good character is a ‘pearl of great price’ and an indispensable asset to professional integrity.” Regardless of the different fields of practice, character and integrity ae the most valuable attributes any attorney can take into a court room.” State v. Beggs, So. 2d 423, 425, 426 (1951), Florida Supreme Court case.
Auto Accident Injuries and Disability
As an auto accident lawyer and a Social Security Disability lawyer, I receive calls from people who have been injured in auto accidents inquiring whether they may qualify for Social Security Disability benefits due to the severity of their injuries.
This answer depends on the facts of the individual case and whether the injury is temporary or expected to last at least 12 months. It also depends on the type of injury, the exertional limitations of the injured person and the effects of the injury on the ability to work.
Objective studies such as MRIs, CT scans and X-rays will assist in determining whether an injured person’s subjective allegations of pain and associated limitations resulting from an auto accident are supported by medical evidence sufficient to meet the federal regulations of a severe disabling impairment.
If you believe your auto accident injury is limiting your ability to work or has resulted in the loss of your job, please feel free to call me for a free consultation to determine if you may qualify to apply for Social Security Disability benefits. disabilityandinjurylaw.com
Disability Rights Case Analysis:
Disabled individuals have difficulty accessing their preferred residences and living environments for a variety of reasons. However, when possible discriminatory action is involved, Florida and Federal Courts have promoted Justice by ensuring that the rights of the disabled are protected.
For example, in the case of Dornbach v. Holley, 854 So.2d 211 (Fla. App. 2002), the District Court of Appeal of Florida, Second District, evaluated several federal court decisions and reasoned that one may violate the Florida Fair Housing Act by intentional discriminatory conduct towards a handicapped individual, incidental discrimination, such as making property unavailable to a handicapped person or failing to make a reasonable accommodation that would allow a handicapped person to enjoy their chosen residence.
A very important legal issue that a judge will consider in determing whether a person qualifies for Social Security Disability is to evaluate the claimant’s conditions or impairments.
Medical evidence is required and mere testimony or statements by the disabled person about their diagnoses, symptoms and limitations are insufficient.
Their conditions must be “severe” within the legal definition of that concept. Although applicants believe that their conditions are severe, that is a legal issue for the judge to decide based upon the medical evidence.
The conditions must interfere with the claimant’s ability to perform work related activities.
If the condition or conditions are “severe,” then the judge will proceed to step three in the disability analysis.
In this step of the evaluation, a disability claimant may meet yet another obstacle in the journey pursuing disability benefits.
Stay tuned for our future posts further explaining the judicial analysis involved in a disability case.
Section 4 of the Flag Code states:
The Pledge of Allegiance to the Flag: "I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.", should be rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform men should remove any non-religious headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute."
Happy Veterans Day
We extend greetings and immense gratitude to all our Nation’s Veterans.
We thank all who serve and have served in our armed forces, the United States Army, Navy, Air Force, Coast Guard, Marine Corps and all Reservists. We thank you for your sacrifices and those of your families.
At Giannet Law Firm, we are honored and privileged to assist our Nation's disabled veterans in their pursuit of Social Security Disability Benefits and Veterans Disability Benefits.
As many are making plans for travel, cooking and gathering in preparation
for Thanksgiving Day,
Let us not forget those who may feel that they have nothing for which to be grateful.
Those who are sick or suffering,
Those who have lost health, loved ones or jobs.
Those who have lost a sense of purpose or meaning.
Those who are alone.
Those in hospitals, nursing homes, funeral homes, or who have no home.
Those who are home alone.
To all those whom we serve,
Who have permitted us to share in their life's stories and legal causes,
To all the valued clients and friends of Giannet Law Firm,
We extend our most sincere gratitude and wish you a blessed Thanksgiving Day.
Loula D. Giannet
BLOG.SSA.GOV
Social Security Benefits for Children with Disabilities
Funniest Lawsuits!
As we spend all year assisting our clients with their serious legal matters, today we share with our clients and friends some funny legal news as a year-end glimmer with the hope for a brighter new year!
We at Giannet Law Firm do occasionally like candy and cheeseburgers, so when we finished our fun legal research challenge to locate some of the most ridiculous lawsuits ever filed by people around the nation, the following three were our top picks.
1. Woman claims Jelly Bean Maker Lied
In 2017, a California woman filed an unbelievable lawsuit claiming that she was misled by the fact that Jelly Belly jelly bean candy contained sugar. She filed a complaint against the jelly bean company over its use of the term “evaporated cane juice” appearing on the packaging for Jelly Belly Sport Beans.
She said she thought it meant the candies were “sugar-free” and that they were a healthier snack option. The candy company said the suit was “nonsense” and asked the court to dismiss the lawsuit because the product’s nutrition label clearly shows its sugar content.
The judge dismissed the case ruling that the woman failed to show facts specific to her candy purchase and reliance on the company’s advertising.
2. Couple Sues McDonald’s For Cheese Charge
McDonald’s was sued in 2018 by an upset Miami couple. In their lawsuit, they claimed that the fast-food company charges as much for a Quarter Pounder with cheese as it does for a Quarter Pounder with no cheese. The angry customers said they ordered the burger with no cheese and were shocked to discover the price was the same. They asked for $5 million in compensation.
A Florida judge tossed out the claim, finding that the couple could not prove how they were harmed by the additional charge.
3. Junior Mints Sued for Air in Boxes
It’s a fact that boxes of candy or bags of chips contain more empty space than actual food. In 2018, some angry customers sued the makers of Junior Mints because of the air in the mint packages. The lawsuit was filed against Tootsie Roll Industries, claiming that the company was duping customers by leaving a portion of every Junior Mints box empty.
A federal judge in New York threw out the lawsuit, ruling that any “reasonable” customer would expect some empty space inside each box.
Justice was served for burgers, jelly beans and mints everywhere!
This is Young Client's Appreciation month at Giannet Law Firm and we honor the little ones whom we serve!
Children are often scared and anxious when they appear before a judge for their disability cases. Other children are happy about their day in court and look forward to it. Here at Giannet Law Firm, our legal team will make the process comfortable and less frightening for them and their parents.
Attorney Giannet and one of the parents will at the child’s side in the courtroom. Depending on their age, most children will understand that they are not appearing before a judge because they are in trouble, but rather to help them and their parents. Even though the law governing child disability is seemingly complex, our attorney explains the process to the children in terms they understand!
Under the federal law, a child will be found disabled if they have a physical or mental impairment which causes “marked and severe functional limitations” 20 CFR §416.926(a).
An administrative law judge must evaluate the evidence of the child’s abilities and limitations for six domains: (1) acquiring and using information; (2) attending and completing tasks; (3) interacting and relating with others: (4) moving about and manipulating objects; (5) caring for oneself; and (6) health and physical well-being. See 20 CFR §§416.924(a).
In proving a child’s disability, Attorney Giannet obtains and analyzes the necessary evidence such as child’s school records and medical records. She presents the applicable law, evidence and legal positions to the judge at the hearing. The attorney and the judge will elicit the parent’s testimony at the hearing. Depending on the age of the child, they may also be required to testify.
We thank all the parents who have entrusted us with their children’s disability cases and remind our young clients "you may have your own lawyer, but she can't defend you if you get in trouble with mom or dad!" 🙂
#childdisability
Motivational Monday
The ancient philosopher Plato wisely said: "It gives me great pleasure to converse with the aged. They have been over the road that all of us must travel, and know where it is rough and difficult and where it is level and easy."
Giannet Law Firm, P.A. updated their info in the about section.
This month, the United States Social Security Administration and the Office of the Inspector General are raising public awareness about Social Security scams such as when fraudulent imposters call victims coercing them to make cash or gift card payments by falsely saying there is a problem with their Social Security number or threatening that they may be arrested.
Due to this widespread fraud, the Social Security Administration Commissioner recently urged “everyone to remain vigilant, hang up on these fraudsters, and go to oig.ssa.gov. to report any attempted scam.”
We also urge anyone who receives such fraudulent calls to follow the Commissioner's recommendation.
According to the Social Security Administration, criminal scammers may call or email impersonating themselves as part of the Social Security Administration and saying that the person’s Social Security number is suspended or was used in a crime. Many are becoming victims of such call scams. Even the caller ID may appear as a legitimate government number. The criminals may also text or email fake documents coercing people to comply with the demands. Some criminals are even using real Social Security Administration or Office of Inspector General’s names or sending pictures of fraudulent government ID badges.
According to Social Security Administration officials, they “will never tell you that your Social Security number is suspended, contact you to demand an immediate payment, threaten you with arrest, ask for your credit or debit card numbers over the phone, ask for gift cards or cash, or promise a Social Security benefit approval or increase in exchange for information or money.”
According to the Inspector General, officials “are working with the Department of Justice and law enforcement agencies across the United States to combat Social Security imposter scams—but our best weapon in this fight will always be awareness.” He states that many “have joined in the effort to alert Americans to hang up on suspicious calls, and talk to their family and friends about phone scams.”
Social Security employees sometimes do contact people by telephone for business purposes such as those who have recently applied for Social Security benefits, are already receiving benefits and updates are needed or when someone has requested a phone call from the agency. If there is a problem with a person’s Social Security number or record, Social Security usually mails a letter notifying you of the problem.
We urge our valued clients and friends that if they receive such fraudulent calls, to report the call to the Social Security Administration so it can be investigated.
The Florida Highway Safety and Motor Vehicles Department cautions motorists about staged crash fraud schemes and how drivers can avoid them. A staged crash is when criminals maneuver innocent drivers into crashes, blame the innocent driver and make false insurance claims under their own or the innocent driver’s policies.
The Division of Insurance Fraud, National Insurance Crime Bureau and Florida Highway Patrol are working together to stop staged crashes. Florida has specific legislation against faking a car crash in order to receive insurance funds.
If you suspect that you have been a victim of a staged crash or if you have witnessed a staged or fake crash, you should report the suspicious event to the National Insurance Crime Bureau by texting “FRAUD” and your tip to TIP411 (847411), calling 1-800-835-6422 or 1-800-TEL-NICB or submitting a form on www.nicb.org. You may also report the suspicious crash to the Department of Financial Services Fraud Division hotline at 1-800-378-0445. You can also contact your city or county law enforcement offices.
Please BE ALERT, BE CAREFUL and BE SAFE when driving!
