Taylor, Warren & Weidner, P.A. | Pensacola, Florida

5 Tips for Finding the Best Gulfbreeze Personal Injury Attorney

Taylor, Warren & Weidner, P.A. — Mon, 20 May 2013 17:27:25 +0000

When you need a personal injury lawyer in the Pensacola, Gulf Breeze and Milton area, picking a random name out of the phone book may not get you the results you want and need. Doing a little investigation, maybe an internet search or two and asking around can help you narrow down your search, but what should you be asking? What searches do you need to do? And where do you start?

Keep the following points in mind when looking for a personal injury lawyer in Pensacola, Gulf Breeze and Milton area:

Recognized legal sites like Martindale Hubbell, Avvo and Super Lawyers offer attorney rankings, reputation and specialties, which can help you narrow your choices.
Check out the attorney’s specialty and experience in personal injury. You’ll want an attorney that specializes in personal injury. When you contact the attorney, ask if he or she has handled similar claims.
Previous outcomes in similar cases. You need a general idea of whether your personal injury lawyer’s cases have ended in settlements or trials, and also an idea of the plaintiffs’ awards. Some of this information is also available on the attorney’s website. Some attorneys are comfortable with smaller outcomes; some are only interested in larger size cases. At Taylor, Warren, and Weidner we handle cases from the simple to the complex, from the large to the small.
The complexity of your case. If your case is fairly simple, you may be able to hire a less experienced attorney who needs the work, but if your case is complicated, you’ll need a more experienced lawyer. Our firm recently handled a case involving civil rights violations and local, state and federal law enforcement; we’re comfortable with simple and very complex cases
Your instincts. There is no substitute for your initial instincts. You’ll know that you’ve found the right lawyer and feel confident he or she will do the best job for you. Trust your gut feeling.

Getting Legal Help

Taylor, Warren, and Weidner, P.A. is committed to giving individuals dealing with injuries, or facing life-threatening or lifestyle-challenging situations, a voice. Call us today at 866-483-4899 or email us at kweidner@twwlawfirm.com to receive the personal professional attention you deserve.

Getting Social Security Benefits for a Sitting Disability

Taylor, Warren & Weidner, P.A. — Thu, 16 May 2013 15:07:17 +0000

It is possible to get Social Security benefits for a sitting disability. Sitting disabilities are more than the simple ability to sit. Several medical conditions that can cause difficulty sitting are back injuries, sciatica, and piriformis syndrome.

In addition to the most common medical issues that Social Security recognizes for sitting disabilities, here are some of the lesser known causes:

Coccydynia. This pain is characterized by pain that occurs in and around the tailbone. Most often, there is no known cause, although you’ll sometimes hear of teenagers complaining about this pain. At their age, it’s something they grow out of. In adults, it is sometimes related to trauma, infection, fractures, or hyper-mobility of the tailbone joint. Symptoms include pain during bowel movements, intercourse, sitting for long periods, and when moving from a sitting to standing position. Coccydynia is frequently medically treatable, but in rare cases, removal of the tailbone is necessary; and the pain continues.
Myofascial pain syndrome. This chronic pain involved contraction of the muscles, whereby muscles “knot up” painful bundles of muscle fiber. Sitting can cause these trigger points to flare up. Myofascial pain syndrome can be treated with medications such as antidepressants, over the counter pain medication, and physical therapy.
Pudendal neuralgia. Pudendal neuralgia affects the nerve that runs through the genitals, urethra, anus, and perineum and causes pain throughout the reproductive organ regions of the body, particularly while sitting. Both men and women are susceptible to this pain. Medication, surgery, and physical therapy can be effective in treating this condition.

Getting Legal Help

Taylor, Warren, and Weidner is committed to giving individuals dealing with injuries, or facing life-threatening or lifestyle-challenging situations, a voice. Call us today at 866-483-4899 or email us at kweidner@twwlawfirm.com to receive the personal professional attention you deserve.

Disability Benefits for Coronary Artery (Heart) Disease

Taylor, Warren & Weidner, P.A. — Wed, 15 May 2013 15:46:22 +0000

Coronary artery disease, or CAD, is also known as ischemic heart disease, and the disease can become debilitating enough that you may qualify for Social Security Disability Benefits.

CAD is caused by the build-up of plaque, or fatty deposits, inside the coronary arteries, which is known as atherosclerosis. The coronary arteries are the arteries which supply the heart with blood so the heart can work. As plaque builds up, it causes the arteries to narrow and harden. The decrease in elasticity of the vessels does not allow them to expand and move blood that supplies oxygen to the heart muscle. The most common symptoms of coronary artery disease are chest pain or discomfort (angina) and shortness of breath. In severe cases, coronary heart disease can cause a heart attack (myocardial infarction), especially when the workload of the heart increases during exertion. The workload of the heart surpasses the amount of blood that can be delivered due to the decreased blood flow caused by CAD.

How to Qualify for Disability Benefits With Coronary Heart Disease

To qualify for disability benefits for coronary artery disease, you will have to either meet the standards set forth by the Social Security Administration (SSA) in the SSA's listing for ischemic heart disease or demonstrate that your heart condition has so reduced your functional capacity that you cannot work.

The Symptoms Required in Order to Qualify for Disability:

Listing 4.04 states that you must have symptoms due to "myocardial ischemia," such as one of the following:

angina pectoris -- which is chest discomfort that is caused by activity or emotion, and quickly relieved by rest or fast acting medication, such as nitroglycerin tablets;
atypical angina -- pain or discomfort located in places other than the chest, such as the inner left arm, jaw, neck, back and upper abdomen;
"anginal equivalent" -- shortness of breath on exertion, but with no complaints of chest pain or discomfort
variant angina -- episodes of angina at rest due to spasm of a coronary artery, as evidenced by your heart’s rhythm on an EEG, or
silent ischemia -- the occurrence of myocardial ischemia or myocardial infarction without any pain or other symptoms.

In addition to the symptoms described above, Listing 4.04 also requires that you have one of the following -- an abnormal stress test, ischemic episodes, or abnormal imaging results.

Reduced Functional Capacity Due to Coronary Heart Disease

If you do not meet the requirements for coronary heart disease described above, you might still be eligible for disability benefits. The SSA must consider whether your heart impairment has reduced your capacity to work. If the SSA determines that you are unable to perform your past job or any other job because of CAD, you may be entitled to benefits.

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What is the Earnings Test in Social Security Disability?

Taylor, Warren & Weidner, P.A. — Tue, 14 May 2013 18:35:44 +0000

When you file a claim for Social Security Disability Benefits, the agency will first determine if you are disabled. After proving disability, the agency will consider your past work and the duration of your work to qualify you for benefits, referred to as “earnings test.”

The “recent work” test is based on the age of the applicant at the time of the disability, which will determine how long the applicant needs to have worked in order to qualify. The “duration of work” test proves that the applicant worked and paid Social Security taxes for a long enough period of time to qualify. Social Security Disability Insurance Benefit (SSDI) eligibility is based on “work quarters”, or three-month periods during which the applicant needs to have worked. SSDI is very similar to an insurance policy except premiums are paid by the employee’s taw withholdings instead.

In general, however, once the disability is determined, an applicant needs to have worked 20 quarters of coverage out of the last 40, or five out of the last 10 years. Applicants need a specific amount of “credits” in order to establish eligibility for disability. SSDI is only for people who had a steady work record who later becomes to sick or injured to work any longer.

In 2013, for a quarter to count toward SSDI benefits, the applicant needs to have earned at least $1,160 in a three-month period. Persons younger than 24 need to have worked six quarters over three years, and those between the ages of 24 and 30 need credit for half the time for the period beginning with the quarter after turning 21 and ending with the quarter in which you became disabled. In other words, if you are 29, you would need to work four of the eight years between 21 and 29, ending in the quarter that you became disabled.

The calculations for disability benefits can be confusing, but the good news is the staff at Taylor, Warren, and Weidner is waiting to help you.

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Trampoline Recall Expanded Due to Fall Risks

Taylor, Warren & Weidner, P.A. — Mon, 13 May 2013 17:51:38 +0000

More trampolines are being recalled by the Consumer Product Safety Commission to include at least 120,000 units due to an increased number of falls. A recall had been announced last year, which included about 92,000 units of a model called SportsPower BouncePro 14-inch trampoline. Sports Power Ltd. of Hong Kong is the company that makes this trampoline.

The problem with this trampoline is the enclosure netting which surrounds the trampoline. The netting is at risk of breaking open on impact. Children bouncing on the trampoline may fall through the netting, and suffer serious injuries. Pensacola personal injury attorneys know this defective design poses a serious risk to children. The earlier recall focused solely on trampolines with brown netting, and now has been modified to include trampolines with black netting as well -- model number TR-1686-TPR.

The company states it has received at least several reports of accidents and injuries, including fractures, broken bones, back and neck injuries. These types of injuries can be severe, especially if a child suffers a spinal injury or brain injury.

Getting Legal Help

Social Security Disability Benefits for Multiple Sclerosis (MS)

Taylor, Warren & Weidner, P.A. — Fri, 10 May 2013 15:25:41 +0000

One of the more difficult aspects of acquiring disability benefits for multiple sclerosis (MS) is that to qualify for disability, Social Security requires the condition to last, or be expected last, 12 months. MS is a tricky illness. There are often periods of remission and exacerbation, which vary in length. The staff at Taylor, Warren, and Weidner advise clients not to worry; Social Security recognizes that the nature of MS is a cycle of readmission and exacerbation, and the agency will evaluate your particular course of MS, to determine if you are disabled.

Under Social Security’s blue book listing for multiple sclerosis, your records must show that you have one of the following:

Difficulty walking or using your hands because of significant impairments of at least two limbs. You might have partial paralysis of your limbs, tremors, or involuntary movements;
Severe decrease in vision that cannot be corrected with glasses;
An organic mental disorder causing memory loss, a decrease in IQ, or disturbance in mood; or
Severe fatigue and muscle weakness caused by the central nervous system as a result of MS.

In addition to qualifying under the specific MS listing, individuals who suffer from MS may also qualify under other listings if other body systems have been affected by the disease. The Disability Professionals at Taylor, Warren & Weidner have worked with MS clients in the past and know what evidence the Social Security Administration looks for MS.

Diagnostic Evidence Required for MS Disability

Social Security Disability will examine the magnetic resonance imaging (MRI) of your brain, which is the test that gives positive proof of demyelination caused by multiple sclerosis. An MRI will detect even the smallest evidence of demyelination or plaque. Typically 96 percent of those individuals diagnosed with MS have an abnormal MRI result.

Another test used to help with the diagnosis of multiple sclerosis is the spinal tap or lumbar puncture. This test is about 85 percent effective in MS cases.

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Increase in US Traffic Accident Fatalities in 2012

Taylor, Warren & Weidner, P.A. — Thu, 09 May 2013 14:33:40 +0000

After six straight years of continued drops in the number of traffic accident fatalities across the United States, the first six months of 2012 reported a substantial increase.

In a report just released by the National Safety Council and confirmed earlier by the National Highway Traffic Safety Administration, statistics gathered from all states showed a 9 percent increase in traffic fatalities.

What Pensacola personal injury attorneys find most distressing about this new increase in traffic fatalities is that it comes after several years of progress in reducing the number of people killed in roadway accidents since 2005.

The National Safety Council believes that one explanation for fatally increase is the rebounding economy; there are more drivers on the road. Some of the increase in drivers is large tractor trailer trucks which can cause several fatalities at one time. A greater volume of vehicles on the roads means more accidents.

Car accident lawyers believe distracted driving may also be to blame. The number of fatalities from distracted driving has been on the rise. Distracted driving has stepped in to take its place as a significant killer on the nation’s roads.

The staff at Taylor, Warren, and Weidner urges all drivers to be aware of the vehicles around them and to practice safe driving habits, which includes waiting until the vehicle is not in motion to text or talk on the phone.

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Social Security Disability Benefits for Rheumatoid Arthritis

Taylor, Warren & Weidner, P.A. — Wed, 08 May 2013 14:05:37 +0000

Rheumatoid Arthritis, or RA, is a painful inflammatory condition which is classified under autoimmune disorders. With RA, membranes surrounding joints become inflamed and painful, often forming bumps of tissue, which cause joints to become permanently deformed.

If you are diagnosed with rheumatoid arthritis, you may qualify for Social Security Disability Benefits. The disorder must cause significant impairments in your ability to work. To qualify for disability benefits under the listing for Rheumatoid Arthritis (RA), you must satisfy one of the following requirements:

Your RA is present in a joint in your legs, causing you significant difficulty in walking;
Your RA affects joints in both arms, preventing you from performing many types of tasks with your arms;
You have inflammation or a permanent deformity in one or more major joints, along with moderate involvement of at least two or more organs or body systems, causing at least two symptoms out of these four: severe fatigue, fever, malaise, and/or involuntary weight loss;
You have ankylosing spondylitis or another spondyloarthropathy, with spine fixation of at least 45 degrees;
You have ankylosing spondylitis or another spondyloarthropathy with spine fixation of at least 30 degrees, along with moderate involvement of at least two or more body systems; or
You suffer repeated flare-ups of your RA with at least two symptoms that limit activities of daily living, social functioning, or ability to complete tasks.

If you have rheumatoid arthritis but don’t exactly meet the specifications in the SSA’s medical listing for inflammatory arthritis, you could still qualify for disability benefits if the agency determines that you are unable to perform consistent work.

In general, to get approved for disability, your records must contain a diagnosis of RA, doctor’s notes detailing the frequency and severity of your symptoms, blood test results indicating the likelihood of RA, the history of any treatments and treatment results and other diagnostic tests, including spinal studies.

Getting Legal Help

Classifying Your Levels of Disability and Exertion In Disability Claims

Taylor, Warren & Weidner, P.A. — Tue, 07 May 2013 13:49:19 +0000

When you apply for Social Security disability benefits, the Social Security Administration (SSA) will want to know exactly how physically able you are to perform any work and what levels of physical exertion you can handle.

When determining what physical exertion level you can withstand, the Dictionary of Occupational Titles (DOT) can be helpful. Exertion level for each classified job can change often, but they can be used as a rough guideline. A representative of Pensacola-based disability attorneys Taylor, Warren, and Weidner can explain the classifications and how they may pertain to your disability claim.

Jobs can be classified as “light,” “medium,” “heavy,” and “very heavy” and can range from sedentary jobs to walking or standing jobs. This classification of exertion levels may determine if you are entitled to receive benefits.

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Social Security Disability Benefits for Congestive Heart Failure

Taylor, Warren & Weidner, P.A. — Mon, 06 May 2013 16:35:08 +0000

Congestive heart failure (CHF) is a potentially deadly condition where the heart cannot pump a sufficient amount of blood, causing blood to accumulate in the vessels leading to the heart. As CHF progresses the heart enlarges and the walls of the heart toughen just as any muscle in the body will by working out.

Symptoms and Treatment of Congestive Heart Failure

Symptoms of heart failure can include shortness of breath, heart palpitations, dizziness, fatigue, and weakness (especially with exertion).

Treatment for congestive heart failure usually requires a program of rest, proper diet, restricting fluid intake, modified daily activities, daily weight monitoring, and medication. This condition should be treated by a cardiologist or a doctor who specializes in diseases of the heart.

Qualifying for Disability for Congestive Heart Failure

The Social Security Administration (SSA) will evaluate whether a patient with CHF qualifies for disability under its listing for “chronic heart failure.” To qualify for disability benefits for chronic heart failure, you must have been diagnosed with severe continuing heart failure despite being on heart medication. Your medical records should show that you had fluid retention at some point in time, if not present at the time you filed your claim.

Your medical record must show the evidence of either systolic or diastolic heart failure.

You must also have one of the following symptoms.

Inability to perform an exercise tolerance test (ETT) at a workload equivalent to 5 METs or less due to certain difficulties.
If an exercise tolerance test is too risky, persistent symptoms of heart failure that very seriously limit activities of daily living, or

At least three episodes of heart failure and fluid retention within the past 12 months, requiring emergency room treatment or hospitalization for at least 12 hours.

Getting Disability Because of Your Functional Limitations

If you don’t qualify under the listing above, the SSA is required to consider the effect of your heart condition on your capacity to work or perform routine daily activities. The SSA will give you a rating of the type of work it thinks you can do, called your residual functional capacity (RFC). Your RFC will rate your ability to do sedentary work, light work, or medium work.

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