Author: John Young

What to do When Social Security Disability Benefits are Denied.

Posted on by John Young

At Young and Young, we have been representing disabled Hoosiers in their application for disability benefits for decades. We are your Indiana Social Security Disability Lawyers.   We know that approximately 80% of all initial applications for Social Security Disability Benefits are denied.  This makes the appeals process the most important part of the application process.  We have represented Hoosiers with brain injury, spinal cord injuries, paralysis, severe burns, degenerative arthritis, lupus, mental disabilities and all other types of disabilities in their pursuit of disability benefits.  Every one of our Hoosier clients have told us that they did not want to file for benefits.  They would rather be working.  They tell us that they feel like they are admitting a fault by having to rely on disability.  We know our clients would rather be working.  We know that if they are disabled, and their medical records support that, then they have earned their right to their disability payments. 

After you file your initial application, and you are turned down, the first appeal is called a Request for Reconsideration.  This appeal is filed with the same Social Security branch office where you filed your initial application.  If you filed your initial application on line, then it is likely that your Request for reconsideration will be filed in the Downtown Indianapolis Office, if you live in the central part of the State.  This office is located at 575 N. Pennsylvania Street, in the Federal building.  This is the first step where we recommend that your consult an attorney.  There are several documents that you will be asked to sign.  There will be many questions you will have about the process.  An experienced attorney can answer your questions and allow you to relax.  It generally takes the Indianapolis Office of Disability Adjudication and Review about 120 days to process this appeal.

If you are turned down on your Request for Reconsideration, you will have to file a second appeal called the Request for Hearing before Administrative Law Judge.  This will require to appear before a Judge and possible medical or vocational experts, to give testimony to support your claim for benefits.  Having a qualified lawyer, at this appeal, is , in our experience, essential.  A lawyer will help you prepare for the questioning by the judge.  The lawyer will insure that all your records have been properly presented to the judge and that all other evidence that supports your claim is also available. Since the vast majority of all claimants receive their benefits after a hearing, this is the most important step in the appeals process.  The down side to this is that it can take as long as two years to get a hearing, and that is from the date your request the hearing, not the date on which you first applied for benefits.

 If You are turned down by the ALJ, you must file the 3rd appeal to the Appeals Council in Falls Church VA.  If you are turned down by the Appeals Council, you may appeal to the Federal district Court.  If you are turned down by the Federal District Court, you may appeal to the District Court of Appeals.

At Young and Young, we stand ready to assist you with your Social Security Disability Appeal.

Make the Right Choice: DUI or DD?

Posted on by John Young

At Young and Young, we travel all over the State of Indiana from our Indianapolis offices representing Hoosiers who have been seriously injured in drunk driving accidents.  We are your Indiana Drunk Driving accident Lawyers.  Our lawyers aggressively pursue drunk drivers for our clients.  We know that drunk driving accidents cause serious and severe injuries including spinal cord injuries, brain injuries, paralysis, broken bones, blindness , burns and even wrongful death.  Our purpose is to force the drunk driver to compensate you and your family for your serious injuries.  Having represented thousands of seriously injured Hoosiers, we know that these injuries can cause you to have huge medical bills, including future medical bills, lost wages , pain and permanent injury to your body and its ability to function.   The person who chooses to get behind the wheel after having too much to drink is obligated to do what all our mothers taught us when we were very young.  If you make a mess, it is your responsibility to make up for all the harm you cause.  We make sure that the drunk driver makes up for all the harm he causes by making up for your medical bills, both past and future.  We make sure the drunk driver makes up for your lost wages and the pain he causes and the permanent problems you have with your body.  It is, after all, only fair, you did nothing wrong.

We now report the unfortunate news that a Noblesville man was arrested and charged with driving while under the influence causing death. Brent Ward was arrested for causing the death of his girlfriend.  The preliminary reports regarding Mr. Ward’s alcohol level is that he was twice the legal limit for operating a vehicle.   We know Mr. Ward did not intend to harm his girlfriend, but he chose to get behind the wheel while he was intoxicated.  He knew, or he should have known that this was a stupid choice. Now he will live with his choice for the rest of his life, while his girlfriends family prepares to bury her.

In closing we want to say to you Butler Bulldog fans, celebrate wisely.  Do not drink and drive.  If you must drink, appoint a designated driver, call a cab, walk, but do not turn what is likely to be a grand celebration into a tragedy for either yourself or for an innocent Hoosier family.

Indiana Brain Injury Attorneys Discuss Concussions and Student Athletes

Posted on by John Young

John P. Young recommends that if you have any questions about brain injury, your first inquiries should be made to your treating doctors.  After that, please seek information from the Brain Injury Association of Indiana.  You may access their website at http://www.biausa.org/Indiana/. BIAI is the portal for Brain Injury information and services in Indiana.  John P. Young is currently an Emeritus Board of Directors member, after having served 2 years as the Chair of the Board of Directors and on the Board of Directors for 6 years.

Lets talk for a moment about concussion.  A Concussion is a medical condition caused by a blow to the head.  The symptoms of concussion vary widely but generally the symptoms include  either unconsciousness or a period of altered awareness, followed by dizziness and headaches. There may be long term consequences caused by a concussion and multiple concussions can cause serious complications.  These complications include depression, poor memory, and the inability to focus on work tasks both in the workplace and in the class room. If you remember nothing else about concussion remember that it is, by definition, an injury to the brain. Medical science, and public awareness campaigns by such organizations such as the Brain Injury Association of Indiana, have been successful in education the general public about the dangers of concussion and how contact sports are contributing to cause concussions.

The good news is that medical science has come a long way in helping people with concussion with better treatments and recovery. Unfortunately we still have a long way to go.  Persons with brain injury may, especially students, return to the activity which caused the concussion too early .  This places them at high risk for another concussion which can lead to very serious complications, even wrongful death.  For student athletes, the legislature is getting involved. Senate Bill 93 deals with the issue of brain injury and concussion in three ways.  S.B. 93 mandates education of coaches, teachers and trainers, as well as students about the dangers of concussion. This educational effort is designed to help identify student athletes suffering concussion.  Finally it mandates that students who have been identified with concussion not return to competition until the student is medically cleared for participation.  This bill has the support of the Indiana medical community.  We ask that you support it as well.

Worker’s protection under Indiana OSHA rules and regulations

Posted on by John Young

A lot of discussion has gone into the “Right to Work” bill that is currently before the Indiana Legislature. At Young and Young, as Indiana serious injury lawyers representing seriously injured Hoosier works all over the State of Indiana from our Indianapolis offices, we are focused on the issue of worker safety. As you may or may not know, Hoosier workers are protected by Indiana Occupation Safety and Health Administration rules and regulations administered by the Indiana Department of Labor.  The State of Indiana adopted the federal rules and regulations which are contained in the Code of Federal Regulations, most specifically Section 29.  I am posting a link to those regulations for your review. http://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=standards&p_toc_level=0).  The Safety and Health Regulations for Construction are found at 29 C.F.R. 1926.

 The OSHA rules and regulations are the minimum standards that must be employed for safety at a construction site. There is nothing to prevent an employer from requiring more safety on the job site although they rarely do so.  We see quite a bit of lip service from employers about their compliance with OSHA rules and regulations, and yet construction site accidents continue to occur with alarming frequency.  Despite the employers claims that safety is their main concern, we regularly find employers which place untrained, or more frequently under trained, personnel in charge of safety.  Often times these same folks have a number of other responsibilities on the work site, leaving them little time for safety enforcement.  This is unfortunate because it is themselves they are hurting.  Mom was right an ounce of prevention is worth a pound of cure. Construction site Injuries are usually severe where falls from heights, injuries from moving machinery and falling objects can cause serious injuries such as spinal cord injury (paralysis), brain injury and even wrongful death. The impact on the families of these workers is pretty obvious.  However what is not so obvious is the cost to the employer.  When these accidents occur, generally work comes to a halt.  An investigation must be performed and reports filed.  OSHA inspectors may investigate and cause further shut downs or interruptions in the work.  The worker must be cared for and or replaced.  All of this costs the employer a great deal more in money and man hours than is justified by taking short cuts with safety and saving a few bucks in so doing.

Although it was not a construction site injury, it was an injury that compliance with OSHA rules and regulations would have prevented. In October, 2010, Declan Sullivan was filming the Notre Dame football team for the university.  He was assigned to use a “scissors lift” so he could film the team from over head.  Scissors lifts are prone to be unsteady in high winds due to their design and thus, rules and regulations are in place to prevent their use in certain windy conditions.  Notre Dame ignored these rules and Declan Sullivan died a wrongful death.  Our sympathies go out to Mr. Sullivan’s family.  If the University would have followed the rules, Mr. Sullivan probably would be filming spring practice now; the University would not have to pay the $77,500.00 fine imposed by the Indiana Department of Labor; and no other legal proceedings would be necessary.

Social Security Administration Listings of Impairment

Posted on by John Young

When you apply for Social Security Disability Benefits it is important to know what rules and regulations the Social Security Administration will use to determine whether you are disabled.  It is also important to know that unless you can provide medical documentation of your disability, your chances of obtaining benefits are almost nonexistent.  The Social Security Administration will collect all your medical records. They will ask you and loved ones to supply written statements about your disability and your activities of daily living.  They will ask you to see a doctor or doctors they have contracts with to determine the extent of your disabilities.

Once they have this information the Social Security Administration will look to their rules and regulations to determine if the disability you are able to document meets a Listing of Impairment.  The listing of Impairments is exactly what it sounds like.  It is a list of injuries, illnesses and/or problems.  If you have one of the listed disabilities, and it is severe enough, then you will be found to be disabled. The “severe enough” part of the equation is just as important as the “do you have a listed disability” part.  Let’s take an example, diabetes.  Diabetes is a disease that affects different people differently .  Some peoples high blood sugar can be controlled by diet and exercise.  If this fails, some peoples diabetes can be controlled with oral medication.  If this fails the patient is prescribed injectable insulin.  Some people, despite taking their insulin develop problems with their feet, hand, eyes, heart or kidneys.  So you are starting to understand that the more severe the diabetes the more likely the person is to be found disabled.

 There are 14 categories for listings of impairments. They are:

1:00 Musculoskeletal System

2:00 Special Senses and Speech

3:00 Respiratory System

4:00 Cardiovascular System

5:00 Digestive System

6:00 Genitourinary System

7:00 Hematological System

8:00 Skin Disorders

9:00 Endocrine System

10:00 Multiple Body Systems

11:00 Neurological

12:00 Mental Disorders

13:00 Malignant Neoplastic Disorders (cancer)

14:00 Immune System

Each Category was developed with the assistance of doctors and are carefully explained in the Code of Federal Regulations.  It is most helpful to have an attorney on your side who understands these listings and the rest of the Social Security Administration’s rules and regulations and can apply your medical records to the rules to maximize your chances of a fully favorable finding.

Indiana Serious Injury Attorneys Explore the Dangers to Pedestrians

Posted on by John Young

We are your Indiana serious injury lawyers.  Our experiences, in travelling all over the State of Indiana representing seriously injured Hoosiers, has taught us a great deal about the dangers cars pose to pedestrians. It may seem obvious that in a pedestrian car accident, the car will always win, but these injuries keep happening.  We are saddened to read of the untimely wrongful death of Hadliegh Cave. On March 4, 2011 Ms. Hadliegh cave was hit, and killed along Franklin road south of Thompson Road.  Unfortunately, Hadliegh Cave was apparently tempting fate by running into traffic with her friends.  It is not clear if this account is accurate, but if it is, let it stand as a warning to all pedestrians.  As much as you can, walk in areas where there are no cars.  Never, play chicken with cars.  Always keep yourself safe first.

 Some safety tips for pedestrians.  If there is a sidewalk, use it.  If there are two routes that will get you to the same place and one route does not have a sidewalk, use the route with the sidewalk.  If there is no sidewalk, always walk against traffic so you can always see what is coming at you.  Never assume a car can see you.  Of course you should wear bright clothing, preferably reflective clothing, but always know that you may not be seen and be prepared to reach a zone of safety on a moment’s notice.  If there is no sidewalk, do not walk on the edge of the road, walk as far from traffic as you can.

 Always expect the unexpected.  Car drivers make mistakes, especially if they are talking on a phone or texting. Keep this in mind as you are walking and be prepared to move fast.  Pay attention to what is happening around you at all times.  If you are not, you cannot react quickly and may be in danger. Obey all traffic lights as you are walking.  Walk in cross walks.  Walking at night, especially where there are no street lights and or it is raining presents additional danger for not being seen.

Be careful out there.

Importance of Using Car Seats Properly from Indiana Auto Accident Attorney

Posted on by John Young

It is happy time.  Mother and child are returning from a long overdue vacation.  Mom is taking care of her baby, 5 months old.  He is in a car seat in the back seat facing backward. Mom is singing softly to her baby as the child drifts off to sleep. Suddenly a car to Mom’s right pulls out into the path.  Mom reacts, but she has no chance.  The crash shakes the neighborhood.  Mom is seriously injured, but with proper medical care, she will live.  The driver of the other car dies from crush injuries.  The first responders arrive at Mom’s car, upside down and smoking fearing the worst.  The responder gets to her knees and sees the car seat.  She smiles as the babe stares at her wide eyed, trying to understand what has just happened.  The baby is alive and well thanks to his mother’s care in placing him in a car seat.

This story is a combination of a number of stories we are happy to report because car seats are highly effective in preventing serious injuries and wrongful death in highway accidents.   It is important to use a car seat, but it is equally important to use the car seat correctly. The car seat must be buckled in tightly.  Check those straps each time you put your child in the seat. Be sure that the car seat does not tip forward or move from side to side more than an inch.  Make sure that the booster is secured with lap and shoulder belt.  If your car is equipped with an anchoring system compatible with a LATCH system (Lower Anchors and Tethers for Children. This system combines the previously existing top tethers with lower anchors, built into the rear of the car. Some cars built between 1999 and 2002 also have the system. Toddler/booster combo seats are required to have both the upper and lower attachments; booster seats are not required to work with LATCH. Owners of earlier model cars may want to consider having their car retrofitted with the LATCH system. Check with your local auto dealership for information on cost and feasibility.

Remember, car seats are for cars. Car seats, not anchored can be a hazard.  Placing a child on an unstable surface in your home, such as the side of a bed may cause serious injury or even death. In Indianapolis, IN a six month old child fell from a bed face down to the floor while in a car seat and died. The details of the tragedy are not yet fully known, but we do know that this loss is devastating.  Our thoughts and prayers go out to the family.

Indiana Serious Injury Attorney Looks At Jim Kittle’s Drunk Driving Admission

Posted on by John Young

He is a man from a wealthy and prominent Indiana family.  He runs a very successful furniture business.  He is the former head of the Indiana State Republicans.  He had hopes of high political office.  Now Jim Kittle is the center of attention for another reason.  He chose to get behind the wheel after drinking alcohol.  This is not merely an allegation, Mr. Kittle has accepted a plea agreement and has admitted his mistake.  The plea deal does not call for jail time.  This is Mr. Kittle’s first offense and jail time likely will not be of benefit to either Mr. Kittle or society.  I recognize that everyone makes mistakes.  I recognize that jail will not likely do any good in this situation.  That being said, I want to take this situation as an opportunity to reinforce the message: DO NOT DRINK AND DRIVE.         

 Mr. Kittle you were lucky.  No, that’s not really the point.  Some Hoosier family, maybe mine, maybe yours, was lucky when you decided to get behind the wheel after too many. Hoosiers were lucky because the harm you could have caused did not happen.  You could have caused the wrongful death of my mother.  You could have caused a drunk driving accident that caused a spinal cord injury to my son and paralyzed him and his life. Your drunk driving accident could have brain injured a bright and energetic Hoosier who would then no longer be able to live their life as they wanted to.  You could have caused broken bones to an innocent child.  And for what?

 Mr. Kittle, did you stop to think that any of the people you could have hurt would probably have to had to go on disability and be taken care of by the Medicare system.  So, all of society would have had to pay to support the Hoosier you could have wrecked in an instant of bad judgment.   I have heard you speak.  I know you are a social and fiscal conservative.  Your drinking and driving is consistent with neither fiscal conservatism nor social conservatism. Your actions are hypocritical.   These are harsh words, I know, but they pale in comparison with the harsh realities of the devastation you could have inflicted with your careless actions.  Now is the time to do the right thing.  Do not hide in shame.  Stand up, speak to the people.  Tell the people what you have done, why it is wrong and what you are doing to make sure it never happens again.  Maybe an act of selflessness such as this will help another Hoosier avoid the mistakes you have made.  Now is your time to be a man. HOOSIERS: DO NOT DRINK AND DRIVE!

Super Lawyer.. not the way to pick your Injury Attorney

Posted on by John Young

Super Lawyer, Super Heroes,Super Dooper,Super Size It, Supercalifristic expialidocious are all words that portray some imaginary sense of greatness and wonder. That is all they have in common. You should not choose your accident or injury lawyer because they claim they are a super lawyer . I am a “super lawyer” and  know that it is a designation given by a marketing group to help some lawyers seek attention and cases through marketing and advertising.  Many Super Lawyers are good lawyers but that “title” alone will not let you know if you have found a good lawyer or a good marketeer. I would question if a lawyer tries to convince you that the moniker of super lawyer is a reason to let them handle your very personal and real case. I am also Board Certified as a Civil Trial Advocate by the National Board of Trial Advocacy and know that the rigors of obtaining that honor require great scrutiny, recommendations and a  history of trial work to justify the certification. I can not say the same for the “Super Lawyer” marketing title .  If you are looking for a super hero, or super dooper lawyer then maybe you should call a super lawyer , however if you are looking for a lawyer to put your case first by having the requisite skill, experience and integrity then I suggest you skip those who advertise themselves as super lawyers and ask a friend, colleague or family member(someone you trust ) for a recommendation for your personal injury advocate.

Auto Accident Attorney discuss benefits of Indiana teen driving restrictions

Posted on by John Young
Ask any parent the most important thing to them, and the answer most likely will be, the safety and well being of their children.  In July of 2009, the State of Indiana, began a program aimed at doing just that.  The State has extended the period of time that young drivers will receive training and guidance from adults before they obtain their driver’s licenses.  Now young drivers must be fifteen and a half (rather than 15) to obtain a permit, and the probationary period has been extended to age eighteen.   These measures appear to have helped decrease the traffic crash/accident rate in young drivers.  One study suggests that during the second half of 2010, there was an 83 percent drop in the crash rate for drivers age sixteen to sixteen and a half.

The new measures also address distracted driving, keeping teens from receiving their licenses if they are caught texting or talking on the phone while driving.  As personal injury attorneys here in Indiana we have seen the devastation that can occur from distracted driving or situations for which an inexperienced driver is not prepared to handle.  Automobile/car crashes, motorcycle crashes, collisions with trucks etc often lead to life altering injuries such as brain injury, broken bones, amputation and even death.   When they happen, the injuries caused by these tragedies affect our young drivers even if they are not the one who suffers the injury themselves.  The emotional trauma of watching a friend or family member seriously injured or killed can scar a child for life.

 So, when our children complain about these new rules and restrictions, and they will, we all have to remember the most important thing to us is the safety and well being of our children.  It will take time to know the overall effectiveness of these new rules and restrictions, but initial results are very positive.

When the other driver has no license and no insurance

Posted on by John Young

I learned recently that Indiana has over 5,000,000 licensed drivers and that it also has over 380,000 drivers whose licenses have been suspended.  Unfortunately suspending someone’s license does not mean they will stop driving. Many accidents and crashes are caused by drivers who have a suspended license.  Their lack of concern regarding  not following the  rules does not stop with the license . Unfortunately most of them probably have no insurance as well. If you are in a collision or crash with a driver whose license is suspended then it is important that you have taken steps in advance to protect yourself for not only your property damage but your injuries, medical bills, lost wages and other damages you may suffer. Your best protection is to  be sure that you have sufficient limits on your uninsured motorists coverage. These days it does not take long to incur medical bills far in excess of the states minimum required insurance limit. You should check with your agent to see about increasing your uninsured and underinsured(when the other driver has insurance but just not enough) limits on your policy . Often increasing these limits to $100,000.00 or greater is not that expensive. I would encourage you to also check into what is called an umbrella policy which can increase your protection to $1,000,000.00.  This coverage is often a small percentage of the policy premium. When you are driving on the road and the driver in front, behind or beside you has a suspended license , the last thing you need to worry about in a crash is not having enough coverage to protect you and your passengers.

Indiana Serious Injury Attorneys Talk About Personal Responsibility

Posted on by John Young

 This week, Justice Holifield, a 13 year old student at Harshman Middle School in Indianapolis, along with other students decided to ride with their teacher, Kyle Bieda, to the store to pick up some necessary items for their participation in a band contest.  The trip was innocent, no allegations of the type we are used to seeing when a sad story about a student and teacher usually make the papers.  Unfortunately, the teacher, Kyle Bieda appears to have failed to yield the right of way to a semi-tractor trailer resulting in a highway accident that resulted in the wrongful death of Justice Holifield. Other students in the car sustained serious injury. We are certain that Kyle Bieda did not intend the harm caused, however, as we all are taught by our mothers, Kyle Bieda is responsible for making up for the harm caused by the negligence.

Kyle Bieda cannot  change that his negligence caused Justice Holifield’s death.  Kyle Bieda cannot take away the serious injuries to the other students, caused by his negligence.  However he can compensate those families by paying for the medical bills, funeral bills and burial costs.  He can compensate the families by making up for the pain he caused.  He can compensate the families by making up for the loss of love he caused.  He does this by being a good citizen and following the law that requires him, and every other driver, to maintain liability insurance on his car.  His insurance will make up for the harm he caused as best as humans can possibly do after such a tragedy, by compensating the victims of his negligence.

As Mr. Bieda was taking the children to the store as part of his job, the school corporation’s insurance company will also have a responsibility to help make up for the harm caused.  That is because Mr. Bieda’s work is a benefit to the School corporation and therefore the school corporation must share in the responsibility for the harm caused.

 Our prayers and hopes go out to the family of Justice Holifield.  We hope that he memories will sustain you through this very trying time.

Indiana Spinal Cord Injury Attorneys Recognize Sam Schmidt Foundation Efforts

Posted on by John Young

At Young and Young we have represented seriously injured Hoosiers dealing with the life altering effects of spinal cord injury. We are Indiana Spinal Cord Injury Lawyers.  We have represented Hoosiers coping with quadriplegia, paraplegia and nerve injury.  A closely associated issue to spinal cord injury is vertebral and disc injury.  Often times a traffic accident or drunk driving accident will cause a fracture of one of the vertebrae which can also cause injury to the spinal cord.  Disc injuries also can press on nerves coming from the spinal cord and cause injury to the nerve and or pain, numbness and tingling shooting down the arms or legs.  We have spent time with the best doctors in America, such as neurologists, neurosurgeons, orthopedic surgeons, pain management specialists, and physiatrists, to learn the medicine involved in treating these injuries and helping Hoosiers return to happy productive lives.  We think it is important to know the medicine in order to properly educate jurors about the full extent of the spinal cord injury and the adaptive devices and techniques that are so crucial to the welfare of Hoosiers.

 We want to take this time to mention, again, our admiration for Sam Schmidt.  As many of you may know Mr. Sam Schmidt suffered a spinal cord injury while driving his race car in 2001. He is paralyzed with quadriplegia.  Sam has not let his physical injuries interfere with leading a full and productive life.  Mr. Sam Schmidt founded the Sam Schmidt Foundation  (www.samschmidt.org) to help find a cure to spinal cord injury.  The foundations mission is Leading the Charge to Cure Paralysis. Sam Schmidt has made it his mission to help others overcome what they might, originally, believe are insurmountable obstacles.  We represented a young man with a family of four who suffered a spinal cord injury as a result of a failure of a climbing tree stand.  Naturally this young man was terrified.  He was depressed.  He worried about how he was going to take care of his family.  He was frightened and angry.  He was considering giving up.  It was painful to watch, and although everyone who came into contact with him helped, he was having great difficulty.  One day Sam Schmidt came to see this young man.  They talked for an hour or more.  After that conversation, everyone could see the strength rising in this young man.  This young man spoke of Sam as a guide through his hardships.  Mr. Sam Schmidt kept in contact with this Young man by phone whenever the young man needed a lift.  The Young man returned to work and until his death ten years later, that young man took care of his family and was a proud Hoosier.

Mr. Sam Schmidt is now re-entering the Izod Indy Car Series. Mr. Schmidt purchased the Fazzt Race Team and is now in charge of Sam Schmidt Motorsports. His driver will be Alex Tagliani with the crew led by Rob Edwards.   We wish Mr. Sam Schmidt great success with his team and hope to see them in the winner’s circle at the Indianapolis 500 in May.

What You Need to Know About Social Security Disability Benefits in Indiana

Posted on by John Young

John P. Young, of Young and Young has been helping disabled Hoosiers receive their Social Security Disability benefits for over 22 years.  Mr. Young has represented hundreds of disabled Hoosiers most in need.  Mr. Young is your Indiana Social Security Disability Attorney. Today, I want to take some time to discuss the phase of the Social Security Disability process where the vast majority of fully favorable decisions are issued, the hearing before the Administrative Law Judge.  In the world of Social Security Disability the process requires that you file an initial application.  If you are turned down on your initial application, you must file your first appeal, also known as the request for Reconsideration.  If you are turned down on your request for Reconsideration, you must file your second appeal which is called the Request for Hearing Before Administrative Law Judge.

>The Hearing before the Administrative Law Judge is a hearing held at the (ODAR).  There are approximately 82 ODAR offices around the Country.  In Indiana, Mr. Young’s office is directly across the street from the ODAR office.  This makes it very convenient for clients to come to Mr. Young’s office before the hearing for prehearing preparation.  Mr. Young personally meets with each client and makes certain that his clients fully understand the hearing process and knows what to expect from the hearing.  So what is discussed at this final preparation for the hearing?

First thing discussed is what happens at the hearing.  It is nothing like you see on TV.  No one is there to intimidate you.  No one will scream at you or try to make you feel small.  The hearing is a calm question and answer session.  In some instances Mr. Young will provide the Judge with a short opening statement and a brief closing statement discussing why the evidence supports your claim for disability. Every witness is placed under oath.  Although every hearing is different, the claimant will be asked a series of questions about their life and about their disability and about how that disability prevents you from working.  Mr. Young is with you at all times during the hearing.  If the Judge asks questions first, Mr. Young will be allowed to ask follow up questions to make sure you tell the judge everything you need to.  The judge may have expert witnesses in the room as well.  These might include a medical expert and/or a vocational expert. Mr. Young will have already obtained a copy of all your medical records, reviewed them and recorded the most important records to discuss with the medical expert(s).  Mr. Young will have already reviewed your past work to discuss which skills you may have learned from that work and how those skills will impact your ability to work.  This discussion will be with the vocational expert.

The important thing to remember is that it is natural to be nervous, because you are doing something you have never done before.  However, all you need to remember is that the truth is the only thing that matters. 

For more information regarding your Social Security Disability Benefits Listen to the links below.

John Young Discusses Social Security Disability – Hour 1

John Young Discusses Social Security Disabilty – Hour 2

Indiana Drunk Driving Accident Attorneys discusses retention pond dangers

Posted on by John Young

At Young and Young we take drunk driving accidents very seriously.  The drunk driver is careless of the safety and completeness of Hoosiers families.  It is our position that if you drink and drive and you seriously injure a Hoosier and their family, you are responsible for fully making up for the harm you cause.  Think of it in a different way, think what you are doing to yourself and your own family.  If you drink and drive, and you seriously injure another Hoosier, or cause there wrongful death, you are going to jail.  You are responsible for making up for the harm you cause to the other family.  You will be taken from your family and deprive them of your company and support.  Drinking and driving causes drunk driving accidents. It is a no win situation.  Do not drink and drive.

In a related note, as your Indiana Drunk Driving accident Lawyers, practicing all over the State of Indiana from our Indianapolis Offices, we are seeing an increasing number of highway accidents where the driver is driving into a retention pond and drowning.  It happens that a high percentage of drivers who drive into retention ponds have been drinking but it is not necessarily so.  Just this week a Greenwood man, Herkimiah Wimbush, age 36 drove into a pond at South Graham and Allen Roads.  Mr. Wimbush was not killed as a result of the initial crash, as he was able to call 911 from his car. It is not clear why Mr. Wimbush was unable to leave the car after it entered the pond.  Our sympathies go out to his family and friends.

Some safety tips associated with being in a car in water, try not to panic.  The pressure on the door caused by the water will keep you from opening it until the water pressure on the inside of the car equalizes.  This means that you will be in water in the car, but you will soon be able to open the door and swim out.  Remember, retention ponds are generally not deep.  They are there to hold water to prevent flood in developed areas.  Therefore, you will not be forced to hold your breath for a long time before you hit the surface.  It may be advisable to carry a hammer or other blunt object to break the window in order to get out.  Also remember just because the car is submerged and the engine is off, that does not mean the electrical system is not working.  If you have electric windows, they should still function, allowing you to bring one down and escape the car.

 We hope you never have to deal with this situation, but if you do, do not panic.  When you panic you do not think straight and your chances of survival go down.

Indiana Serious Injury Attorney Offer Safety Tips on Driving Flooded Streets and Highways

Posted on by John Young

The lawyers of Young and Young are  your Indiana Serious Injury Lawyers.  We monitor issues relevant to the safe use of automobiles and roads in Indiana.  On February 27-28, 2011, the Indianapolis metropolitan area received more than two and a half inches of rain in less than six hours.  At that rate, the ground cannot absorb the water quick enough to prevent flooding,  At that rate the sewer system cannot drain away the water fast enough to prevent flooding.  As a result, small retainage ponds, small, normally dry, drains, creeks and rivers over flow.  The water flows out onto low lying ground.  This ground may include roads.  Flood waters are extremely hazardous on roads.  The water may look shallow or as if it is moving very slowly, but looks can be deceiving.  Moving water holds a huge amount of energy. This energy can easily pick up, move and even overturn cars and trucks.  Many people die annually because of poor judgment when dealing with flood waters and roads.

Some tips for keeping yourself safe with flood waters.  If it has been raining hard, slow your vehicle to a pace where you can stop instantly.  That flooded road may just be around the next corner.  If you encounter a flooded road, do not drive onto the flooded road.  As we have said before, moving water can fool you and once your car is being swept away it might be too late.  If you absolutely must drive through, do so only if you know the roads contours and are absolutely sure the amount of water on the road is very shallow. A road may look like it is covered by only a small amount of water, but if you do not know the road well, it might dip to an even lower spot and overwhelm your car.  Drive  slowly.  Water under your tires causes a loss of contact between the tire and the road. This loss of contact reduces friction and thus allows for loss of control of the car.

When driving on highways, watch out for standing water on the road.  Hitting standing water on the road can cause loss of control and cause the car to leave the road or cross the center line.  Always be prepared for the car next to you to cause water to be thrown up onto your windshield.  These kinds of events can both scare the heck out of you, causing you to lose control and it will cause you to lose sight of the road and may cause you to leave the road.  Always make sure the tread on your tires are adequate to channel the maximum amount of water from under your tires.  If you have any concerns at all consult your tire professional for advice.  Balding tires cannot deal with water well and may lead to a loss of control.

Spring is on its way and we want you and your family to be safe and enjoy the beauty that is Indiana in the Spring.  God Bless.

Indiana Serious Injury Attorney Speaks to Impact Resistance in Cars

Posted on by John Young

If you were born before 1975, you remember cars as big bodies and big engines.  They were not too good with gas mileage, but gas was cheap.  Sometimes we called them tanks, thinking they were indestructible.  More often than not if you hit something the car would have very little damage.  Today, if you hit something at the same speed, chances are your car will look like it hit the wall at the Indy 500.  And that, my friends is on purpose.  When a car, or any object, is moving, it is storing and expending energy. When there is a crash, which results in the car stopping suddenly, the energy stored in the car has to go somewhere.  In the old cars, with bodies designed to resist the deforming energy of the crash, the energy was transferred to the passengers. The body of the passenger is not equipped to handle this energy and is injured.  The injuries could include, brain injury from the head slamming back and forth rapidly; spinal cord injury from the spine moving rapidly back and forth; broken bones from hitting the inside of the car; and even wrongful death. 

 Today’s cars are engineered to deal with the problem of transferring the energy to the passenger.  In modern cars, the energy is transferred to the body of the car which is made of materials designed to absorb the energy.  Have you ever seen the bumper of a modern car ripped off and underneath you see Styrofoam? That Styrofoam is very effective at absorbing the energy of the crash.  The front of the car may look like heck, but that means the bumper has done its job.  It is fitting that we mentioned the Indy 500 because racetracks all over the country are using energy absorbing wall bumpers in turns to reduce the energy transferred from the crash to the driver. This technology was developed in part through testing done at Indy.  It is still not quite certain why some accidents result in serious injury, even though the car looks like it has little damage and there is no injury when the car is destroyed, but we do know that if the energy of the crash is absorbed by the car, the passengers are much safer.

Indiana Drunk Driving Accident Lawyers discuss Alcohol Tests

Posted on by John Young

As your Indiana Drunk Driving accident Attorneys, representing Hoosiers seriously injured in drunk driving accidents all over the State of Indiana from our Indianapolis offices, we know how devastating a drunk driving accident can be.  A drunk driver causes drunk driving accidents because the drunk is impaired and cannot control the car.  In the hands of a drunk driver the car becomes a 2,000 pound missile wreaking havoc on our roads.  We have seen too many drunk driving accidents and the resulting injuries which include spinal cord injuries resulting in paraplegia and quadriplegia, broken bones, brain injury, blindness, and wrongful death.  So what does science tell us about how to determine if a driver is drunk? 

 First it is more precise to use the term impaired.  Alcohol is a central nervous system depressant.  In other words, alcohol depresses (impairs) the signals to and from the brain from the body.  Thus, bodily function, reaction time and judgment become impaired as a result of the alcohol.  The more alcohol in the system, the greater the impairment to the signaling system between the brain and the body and the more danger in the operation of machinery, such as a car. The criminal justice system has different criminal statutes addressing alcohol impairment.  One Such Statute is  I.C. 9-30-5-1. Sec. 1. (a) A person who operates a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol per: (1) one hundred (100) milliliters of the person’s blood; or  (2) two hundred ten (210) liters of the person’s breath; commits a Class C misdemeanor. (b) A person who operates a vehicle with an alcohol concentration equivalent to at least fifteen-hundredths (0.15) gram of alcohol per: (1) one hundred (100) milliliters of the person’s blood; or (2) two hundred ten (210) liters of the person’s breath; commits a Class A misdemeanor. (c) A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person’s body commits a Class C misdemeanor.
This statute requires proof of a certain alcohol concentration in the blood, it does not require proof of impairment.  Tests are obtained either in the form of breath tests or blood tests.  Under Indiana Law, when a driver obtains an operator’s license, they impliedly consent to a blood or breath test if the authorities have probable cause to believe a driver is driving under the influence. See I.C. 9-30-6-1.  Impairment is not tested with a machine.  Impairment is tested by a couple different observations of trained law enforcement.  The officer detects impairment by observing the operator drive.  Observations of impairment include weaving, taking wide turns, driving at reduced speeds and failing to properly stop at stop signs.  If an officer has reason to believe a person is intoxicated, the officer will have the driver do field sobriety checks.  These include walking a straight line, saying the alphabet, touching the finger to the nose while standing on one leg, etc.  The officer will be asked to testify as to their observations of the driver in performing these tasks when impairment is an issue in the prosecution. 

 There is a great deal more to this topic than this space allows.  If you would like to further discuss these matters, please contact us.

Things you should know before you are in an accident, Part 2 – Indiana Auto Accident Lawyers

Posted on by John Young

#2 ALWAYS REPORT AN EVENT TO YOUR INSURANCE COMPANY

This may seem contrary to your own best interest , however if you have been injured in a auto crash, construction accident or other event that leaves you with lost wages ,disabled , impaired or with other injuries it is best to make your insurance aware as soon as possible so they can start a file(this will often preclude a later denial for failure to timely report a claim). The insurance company you should contact is not only your auto policy ,but your health insurance , disability , homeowners , workmen’s compensation and even life insurance where appropriate. The reason you should let them know is to find out if they provide any benefits(which you have already paid a premium for) that might help you as you work your way through the process of trying to get your life back to normal.I have had clients who did not want to report a case to their insurance company because they thought it would raise their rates. My response is always the same. You have already paid for this coverage. They can’t raise your rate for using coverage you have already paid for. It would be like going to the grocery and getting some steaks on sale for $3.99 per pound and at the check out counter they tell you if you take home the steaks and eat them then the next time they will charge you more. No one would go back to that store and no insurance company should ever try to pull that line on one of there insured. So if the occasion arises where you are injured in a crash or accident then be sure to list the insurance’s companies that you have (and pay premiums to ) that might apply and at least report the claim. There are times when they might not have any coverage’s that apply and others where they do at that time or at a latter time(e.g. if you later find out that the drunk driver who crashed into did not pay his premiums and is uninsured).

Things you should know before you are in an accident, Part 1 – Indiana Auto Accident Lawyers

Posted on by John Young

We all have been in situations where we have thought afterwards ..”I wish I had known that before this happened” or “I only wish I had known”. Well in the world of personal injury we as lawyers hear that all the time. The following are things you should know before you are in an accident that will make your life less stressful and more able to deal with the events you have been forced to confront. These informational tips will help you understand what might confront you and how to best prepare yourself to minimize your stress and negative consequences . Whether you are confronted with a car crash, construction injury or any other type of injury which results from someone’s negligence these will help you. It does not matter whether your injuries include broken bones, lost wages ,scars ,brain injury or any other type of impairment these tips will ease your stress and help you to protect yourself from the trained representatives of insurance companies whose sole motivation is to minimize the amount they have to pay to save their companies money.

#1  ALWAYS REQUEST AN CRASH OR INCIDENT REPORT

If you are in a car crash, motorcycle or truck accident always call the police and wait for them so they can document the event with a crash report. If you are injured on the property of another ask for an incident report to be completed and ask for a copy of it before you leave. Even if you think you are not hurt seriously it is important to get the facts including date, time witnesses names and address etc.documented  as soon as you can. It is not unusual for symptoms to appear hours or even days after an event. Always ask how you can get a copy of any report and do not sign unless you are given a copy of what you are asked to sign or at least told how you can obtain a copy. It is not unusual for someone to accept fault at the scene and try to get on their way without having a report prepared.Then later if they change their story the truth can be harder to ascertain and prove without a report .

If someone suggests they will take care of  any damages  on their own and ask you not to call the police, be sure to call the police. Exchanging names , addresses and insurance information does not guarantee that what you are given is accurate. This one precaution can save you much stress as you attempt to  deal with the  issues that confront you.

NOTICE: No face-to-face meeting needed. You can remain safely in your home from case signup to settlement.

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