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Archive for July, 2012
Sunday, July 29th, 2012
Winning a Social Security Disability Insurance application for depression and anxiety is often difficult without the help of an attorney. The reason for that is the Social Security Administration is looking for some very specific information. They employ their own doctors who are seemingly slanted towards finding little if any work limitations even in cases of severe anxiety and depression.
Your own psychologist or psychiatrist may not think you can work, but they probably do not know the magic forms and words that the Social Security Administration is looking for. And often their records are close to illegible. As an experienced Social Security Disability Insurance attorney I know what evidence you need to be able to win your case and can seek that information from your Doctor.
Social Security has a listing for these disorders. If you can get the evidence you fit into the listing this can be determinative of a winning case. But the language of the listing is not easy. For instance the following relates to “affective disorders” such as depression:
12.04 Affective disorders: Characterized by a disturbance of mood, accompanied by a full or partial manic or depressive syndrome. Mood refers to a prolonged emotion that colors the whole psychic life; it generally involves either depression or elation.
The required level of severity for these disorders is met when the requirements in both A and B are satisfied, or when the requirements in C are satisfied.
A. Medically documented persistence, either continuous or intermittent, of one of the following:
1. Depressive syndrome characterized by at least four of the following:
a. Anhedonia or pervasive loss of interest in almost all activities; or
b. Appetite disturbance with change in weight; or
c. Sleep disturbance; or
d. Psychomotor agitation or retardation; or
e. Decreased energy; or
f. Feelings of guilt or worthlessness; or
g. Difficulty concentrating or thinking; or
h. Thoughts of suicide; or
i. Hallucinations, delusions, or paranoid thinking; or …
I have not included the full listing because it just gets more complicated. The source is listed below.
The key to winning is getting your doctor on board with the right language. I have been doing this for over thirty years. If you get denied do not lose heart. Call me Anthony Castelli Social security attorney in Cincinnati at 513-621-2345 local for a free consultation.
Other Resources for Social Security Disability:
Short educational videos on winning steps in the SSI SSDI application process. http://www.castellilaw.com/social-security-disability-videos.html
Social security disability attorney Cincinnati blog http://socialsecuritydisabilityattorneycinci.blogspot.com/
by Anthony Castelli attorney
Friday, July 27th, 2012
Press Release: Cincinnati, Ohio
Insurance settlements for injured children can drag on for ever sometimes. However this does not have to be the case. Recently I settled a car accident injury for a young girl that sufferred a chip fracture of her cervical (neck )vertebra. In addition she had a compression fracture in her back and a scar over her left eye.
Unfortunately there was no medical insurance to cover her bills , especially the large ones from Cincinnati Children’s Hospitals. You may be interested in how we were able to get an insurance settlement within a year. Here is how we did it.
We made an effort to get all records and bills as soon as possible. The initial inpatient hospital charges were close to $65,000. We documented her injury with pictures that we furnished to the insurance company. We furnished the medical records and got a comprehensive report from her doctor.
We also got the insurance company to disclose all liability insurance policies that covered the car driver that caused the accident. Given all that information and documentation we provided to the insurance company they could see that the injures and damages warranted a settlement for the policy limits. When you can get the policy limits and there is no other coverage available or assets of the defendat there is no reason to wait forever.
We even got the settlement through probate court in just several weeks. (minors claims in Ohio have to be approved by the probate Court.) In addition, we worked out a structured settlement so all the money would not go to the child at age 18 and possibly be squandered. We worked out a plan that would provide for any future medical bills and give the young lady a significant amount of money at age 18, but not the bulk of it. Finally we got the medical providers to give a reduction in their bills.
As a word of caution , not every case is the same. This result does not imply that the same result can be gotten for you injured child. But there are certain steps that must taken to protect your child’s rigtht to full compensation. If your child was seriously injured by the fault of another, I’m here to answer your questions and help you any way I can. Call or fill out the simple contact form and I will respond to you personally.
Anthony Castelli Attorney accident and injury law
Thursday, July 26th, 2012
Sharonville is a small town in Greater Cincinnati, Ohio. Because of I-75 running through Sharonville, the police have serious accidents to investigate quite often. They even have an accident reconstructionist that is quite diligent. I met him because of a wrongful death case I handled. His documenting the scene was critical in the outcome.
The interstate 75 corridor that runs north south through Sharonville is heavily travelled . The high speeds and the large amount of trucks running on I-75 make it particularly susceptible to very serious car accidents and wrongful death.
It seems like everyday there is a report of an auto accident on I-75. I am surprised there are not more given the amount of construction especially south of Sharonville near the Norwood lateral. My blog injury lawyer on car accident injury news covers high profile accidents in Greater Cincinnati. I like to comment on the tort law behind the injury. I also like to publicize the car, truck, or motorcycle crash because witnesses need to give their story to the police. Often third party eyewitness testimony is critical in determinig fault, and the witnesses do not always stick around to give their name to the police.
If you have questions about a Sharonville or other greater Cincinnati crash give me a call. I’m just a few miles away up Cornell to Montgomery avenue and your at my office.
Anthony Castelli Attorney
Thursday, July 19th, 2012
Penn State’s own investigation, the Freeh Report, of their child abuse scandal (Jerry Sandusky’s sexual abuse of children) shows that the cover up went to the highest and most powerful at the University. It found that, “Four of the most powerful people at the Pennsylvania State University President Spanier, Vice- President Schultz, athletic director Timothy Curley, and Head Football Coach Joe Paterno – failed to protct against a child sexual predator harming children for over a decade. These men concealed Sandusk’s activities from the board of trustees, the University community and authorities.’
The report went on to state that the concealment was to avoid the consequences of bad publicity. They also gave other reasons for failure to protect the child victims , the very last being, a culture of reverence for the football program that is ingrained at all levels of the campus community.
The Catholic Church
According the the Rolling Stone story about the sexual abuse by priests of children in Phildaelphia, “Every Catholic diocese has Secret Archives files – it’s mandated by canon law as a repository for complaints against priests so scandalous that they must be kept out of the regular personnel files. Few outsiders know the secret archives exist, and only the most trusted clergy have access to them. In Philadelphia, the sole keyholders were the cardinal and his closest aides.”
Contained in these files were multiple stories of sex abuse by priests. In many cases the solution was therapy and reassignment, but never reporting to the authorities. Some of the atrocities are unspeakable of multiple clergy taking turns sexually abusing a young boy.
In 2005, the grand jury in Philadelphia released its 418-page report, which stands as the most blistering and comprehensive account ever issued on the church’s institutional cover-up of sexual abuse. It named 63 priests who, despite credible accusations of abuse, had been hidden under the direction of Cardinal Bevilacqua and his predecessor, Cardinal Krol. It also gave numerous examples of a priest Bill Lynn covering up crimes at the bidding of his boss.
“In its callous, calculating manner, the archdiocese’s ‘handling’ of the abuse scandal was at least as immoral as the abuse itself,” the grand jury concluded. Immoral didn’t mean illegal, however, and the grand jury found itself unable to recommend any prosecutions, in part because the statute of limitations on all of the abuse cases had run out. But the nightmare had been revealed, and the Philadelphia faithful recoiled in shock.”
Fortunately others abused by priests came forward and their cases were within the statute of limitations so prosecutions of some could be undertaken. The word that came up over and over again in these files was scandal. The Church wanted to “prevent scandal.” So they swept the abuse under the rug and never reported it to the police.
Guilty Verdicts in Both Cases
On June 22, a Philadelphia jury found the Rev. Monsignor William Lynn guilty of one felony count of endangering the welfare of children. His conviction was connected to a victim of former Haverford resident Edward Avery, a priest who was defrocked in 2006 because church officials found allegations of sexual abuse against him credible. He was to be Lynn’s co-defendant but pleaded guilty to abusing an altar boy in 1999 just four days before the trial started March 26. Avery is serving two-and-a-half to five years in prison. Lynn is awaiting sentencing.
Just hours after Lynn was convicted in Philadelphia, Sandusky was found guilty in Pennsylvania of 45 counts of sexual abuse involving 10 boys. The 68-year-old former Penn State defensive coach is awaiting sentencing.
Just as the Penn State failure went to the highest levels one has to wonder how high the cover up went in the Catholic Church. No, not really. The only thing in my mind to wonder about is why the Pope did not do something about it, a long long time ago.
Where have you gone Joe Dimaggio?
This is the end of the innocence.
For the Rolling Stone story on Philadelphia priest child sex abuse go to http://www.rollingstone.com/culture/news/the-catholic-churchs-secret-sex-crime-files-20110906
To Read the Freeh Report go to http://mobilwi.typepad.com/files/freeh.report.pdf
By Anthony Castelli Attorney
Thursday, July 12th, 2012
It was reported today in the Cincinnati Enquirer that a Cincinnati man was bitten and mauled by his own dog and killed. Ronnel Brown was killed by his own Alapha blue blood bulldog that weighed 90 pounds.
According to reports, Brown called 911 saying he’d been attacked by his dog. When help arrived he was found dead. The dog had to be shot by police as it was acting aggressively towards emergency personnel trying to enter the apartment to give aid. No one had any answers why an apparently healthy dog , without signs of abuse would attack its owner.
The breed is described as tenacious, elegant, aloof, independent yet loyal. This underscores how dangerous dog bites and dog attacks can be.
Defending yourself or preventing a dog attack can be difficult. Many expert’s tell you not to run or make eye contact with the dog. My philosophy is get out of harms way. Do not allow your children to pet a stray dog and if you see a dog running in you neighborhod call the county dog warden.
If you are attacked by a dog stand tall and try to kick it in the face. Climbing up on a car or in a tree can get you out of harms way. As a Cincinnati dog bite attorney I once had a client in a fight for her life with a German shepherd. Luckily she was able to roll to safety as the dog was actually tethered , but attacked her on the sidewalk. However her arm was horribly injured. I was able to get her significant compensation for her injuries.
If someone else’s dog bites, attacks or injures you in any way in Ohio, this is generally a compensable injury. The person’s homeowners insurance could be a source of payment.
For more information about Ohio dog bite injury visit my Frequently asked questions about Ohio dog bite law .
Anthony Castelli Attorney
8170 Corporate Park Dtive
Cincinnati, ohio 45242
Wednesday, July 11th, 2012
If you have sufferd a personal injury as a result of the fault of another and your back is your major injury you probably have questions. Not only are you concerned about getting fair compensation, but your primary concern is getting better. Money never makes up for impaired health.
As a Cincinnati personal injury attorney I have dealt with numerous back injuries for my clients and have had to make sense of medical terminology. What would you understand if your doctor said, “you have a herniated disc causing myelopathy and lumbar spinal stenosis at L4-L5.” What if the doctor then said, “you need a decompressive diskectomy and fusion at L4-L5.”
I have blogged previously about the legal aspects and calculating value for a back injury, at my Cincinnati personal injury and Accident attorney blog but now I’m talking about the relationship between you and your doctor and understanding what is really wrong with you back. And as important what should be done to fix it.
I found a great resource for back injuries called Spine-Health .It gives you questions to ask your doctor before deciding to have surgery.
1. What type of surgery are you recommending? Why?
2. What is the source of the pain that is being addressed? How do you know this? (Exploratory back surgery is not done).
3. Please explain the procedure – at a very high level/with some detail/in great detail. What are my non-surgical options?
4. What is the natural course of my condition if it is not surgically addressed?
5. What would you recommend if this were your friend/wife/sister/daughter etc…?
6. How long will the surgery take?
7. What are side effects, potential risks and complications?
8. What is the recovery period?
9. Can you draw a picture of what is wrong?
10. Can you draw a picture of the surgery?
11. What will my function and pain be afterwards?
There are multiple modalities to treat a back injury. Here is a video of a low back Laminectomy from my friends at Medical legal art.
By Anthony Castelli Attorney
8170 Corproate Park
Cincinnati, Ohio 45242
Wednesday, July 4th, 2012
As a Cincinnati personal injury lawyer I have had clients with traumatic brain injury. Some had mild concussions with short lived symptoms while others had permanent problems. This morning’s Cincinnati Enquirer caught my attention. It reported on Cincinnati Red Zack Cozart getting hit in the head with a baseball.
John Frey wrote in his story that, “Cozart was given the SCAT2 test at the ballbark. He passed it and did not get a CT scan. ” Cozart’s symptoms were ringing in the ears andheadache. He was taken out of the game, but cleared by the doctor to play the next day. There is a 7 day disabled list and the Reds never considered it. Dusty Baker was quoted, “Not everybody who gets hit in the head is seriously hurt..” Now that really concerns me. A concussion is defined as a disturbance in brain function caused by a direct or indirect force to the head.
Last time I looked I did not see a medical degree behind Dusty Baker’s name. With all due respect, Dusty needs to stick to figuring out how to handle his relievers. How many games has he cost the Reds. But that pales in significance to his off handed statement that not everybody that gets hit in the head is seriously hurt.
Modern medicine is becoming more focused on the perils people face with head injuries. The empahasis is on early detection and early treament. In terms of sports, if a concussion is suspected the participant should be removed from the game and not returned to action until seen by a doctor and cleared to return.
Parents of children participating in sports need to be particularly concerned and watchful. We now know that a second concussion occuring before the first one is healed can be life altering if not life threatening.
Concussions are very serious. We are learning more and more about concussions each year. We know that the younger a person is when they suffer a concussion, the more serious it can be — the concussion takes longer to recover, can more easily recur, and can affect the development and function of the brain. It is critical that concussions be managed by an expert with experience and tools to treat and manage concussions.
Concussion is a common and potentially very serious injury. An estimated 136,000 high school students experience concussions during each academic year. While football-related injuries make up about half of these concussions, other contact sports such as soccer, basketball, and baseball contribute a sizeable share as well.
When there is a suspicion someone suffered a concussion they should be removed from play and medically assessed.
Resources on Concussion diagnosis and Treatment:
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Also office in West Chester, Ohio
"Your office has been nothing but good to us! From our very first phone call to the very end, you were there to listen. You have been a fantastic attorney. We were undoubtedly going to lose everything we had because of the accident, but you made sure we were taken care of!! We are no longer worried about losing our home, and it's because of you! My family is back on track! Words cannot express how much we appreciate everything you did for us. I know you will be a blessing to a lot more people!" With love,
Morris & Jennifer Smith