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What is Tort Law? 

What is Tort Law? 

Tort Law

Tort-lawyer-palm-springs What is Tort Law?  Lawyer Palm Springs | Orange CountyTort law is the area of law that gives protection to people from bad acts of others. When a person commits a tort, civil law is violated. If a person is injured or hurt by someone else’s unlawful act, they can make a claim for compensation against the person who has committed the tort.  

The aim of tort law is to make sure that wrongdoers are required to compensate for the damage that they cause instead of the victims. 

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding communities. 

Tort Law is Not Criminal Law 

A tort may be a crime. However, tort law is not criminal law. Tort law grants a sufferer a civil remedy in the courts. At times, a tort is also a crime. Whether or not the state carries out criminal charges, a person can always go in for a civil remedy in the courts. 

A litigant does not require the permission of a district attorney or prosecutor to start a court action. In its place, they formulate a complaint. This is the document that keeps a record of what the other party did wrong. It requests for the relief that is allowed under the law. A tort action starts when the person files for the claim in a court of law. 

The Damage is not Always Physical 

Physical injuries are only one kind of damages from a tort. A person may experience emotional injuries also. They could have lost their privacy, their peace of mind, or even their personal reputation or business.  Any of these emotional or physical losses might give a person sufficient reasons to ask for a claim for recovery under tort law. 

Types of torts 

There are several varieties of torts. They can be categorized as follows:  

Negligence 

Every person in society has a responsibility to behave and perform in a way that does not cause any unreasonable danger to others. When a person acts in an irrationally dangerous way, they act neglectfully. When their careless act hurts someone else, they can be held liable. Some of the ways that negligence can happen are: 

  • Medical malpractice 
  • Car accidents 
  • Falling objects 
  • Slip and falls 
  • Construction accidents 
  • Failing to provide appropriate security at an event 

Product Liability 

Companies and people that manufacture and sell products have a responsibility to plan and manufacture them safely. If you are the victim of a product that is defective, you usually do not have to prove neglect. In its place, you simply have to prove that you are hurt due to the defective product. 

  • Intentional torts 
  • Battery 
  • Assault 
  • Intentional infliction of emotional distress 
  • Property 
  • False imprisonment 
  • Trespass 
  • Premises liability – the duty to keep your property safe 
  • Invasion of privacy 
  • Dignitary torts 
  • Defamation 
  • Malicious prosecution 

Common Law and Statutory law 

Tort law can come from both common law and statutory law. Common law refers to the general law of justice and fairness that advances through court decisions over a period of time. Largely modern tort theories of negligence are derived from common law. Courts today still support common law principles. 

Tort law can also come from statutory law. It implies that a legislative body might pass a law that makes changes in common law. They might also pass a law that forms a brand new tort. 

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas. 

 Contact Us

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeton, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Posted in Law

Divorce vs. Separation Law 

Legal Help for Marriage Issues 

Divorce-vs-Separation-Law-Attorney-Palm-Springs-1024x668 Divorce vs. Separation Law  Lawyer Palm Springs | Orange CountyIf you do not wish to live with your spouse any longer, but are unsure whether you are ready for a divorce, you have the option of a legal separation.  

Just like a divorce, it will involve negotiation on issues such as child custody, child support, visitation, spousal support, and property division. But unlike divorce, your legal status will be of a married person, even though you will live separately from your spouse.  

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.  

Key Distinctions  

The most fundamental difference between a divorce and a separation is that while your marriage gets dissolved in a divorce, a legal separation means that you are still married. Other key distinctions between the two include:  

Marrying another Person  

In a legal separation, you are not free to marry another person, but in a divorce, once it is final, you have the freedom to remarry.  

Healthcare and Other Benefits 

Healthcare and other benefits, including some social security benefits will end once your divorce is final. But in a legal separation, you can continue to retain these benefits.  

Decision-Making  

In a legal separation, you and your spouse are still legally viewed as next of kin, which means either party can make medical or financial decisions on behalf of the other in specific circumstances. This option is non-existent in a divorce because the divorced parties are not next of kin under the law. 

Debt Liability  

A legal separation may not absolve a spouse of some or all of the debt liabilities that occurred during the marriage. But in a divorce, the division of debts is finalized at the time of dissolution of marriage.  

Right to Spousal Property 

In a divorce, property rights over each other’s property are extinguished once the divorce is final. In a legal separation, the legal rights of the surviving spouse to the property of the other spouse are preserved in the event of his or her death.  

Reconciliation / Remarriage 

It is not possible to undo a divorce, and if you want a legal reunification, the only option available is to remarry. In a legal separation, reconciliation is a legal possibility.  

Similarities between a Divorce and Legal Separation 

If both parties fail to reach an agreement between themselves on certain issues, the court will decide on the following matters – whether in a divorce or a legal separation:  

  • Child custody 
  • Visitation rights of the non-custodial parent 
  • Property division (whether it is a divorce or legal separation, the division of marital assets will depend on several factors, and it may not be an “equal” division.)  
  • Separation maintenance (this is the equivalent of alimony and child support in a legal separation, but it has different effects compared to a divorce, and is usually obtain through a “motion pending litigation.”) 

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.  

 

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeton, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Estate Planning: Things to Do Before You Die

Estate-Planning-Things-to-Do-Before-You-Die-933x1024 Estate Planning: Things to Do Before You Die Lawyer Palm Springs | Orange County

 

As seen on Credit.com: 

Estate planning is the process of establishing a framework to manage your assets upon death, disability or incapacity. It involves creating documents that outline your wishes. While estate planning is not a pleasant task, it is critical that you implement it before you need it.

Here are critical documents and things necessary to cover the aspects of a well-devised estate plan.

  • Last Will & Testament / Living Will
  • Establish a Living Trust
  • Power of Attorney for Your Estate and Healthcare
  • HIPAA Release
  • Letter of Intent
  • Update Your Beneficiaries
  • Secure Your Digital Assets
  • Plan Final Arrangements
  • Make Copies of All Your Documents and Store in a Safe Place
  • Talk to Your Family and Friends About the Details

Read more:
https://www.credit.com/blog/7-documents-you-need-to-fill-out-before-you-die-164157/

 

Need Help with Estate Planning? Contact Us

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeton, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Update on SBEMP operations during Coronavirus restrictions

Probate-Coronavirus-Update Update on SBEMP operations during Coronavirus restrictions Lawyer Palm Springs | Orange County

For questions please contact Valerie A. Powers Smith, Esq. at the above number or via email (powers@sbemp.com)

What is Technology Law?

shutterstock_435951994-300x200 What is Technology Law? Lawyer Palm Springs | Orange CountyLawyers in the technology law practice area act on behalf of clients in transactions which involve intellectual property and technology, including joint development projects, strategic sourcing agreements, IP licensing, and manufacturing and collaboration arrangements distribution. These matters often relate to semiconductors, information technology, computers, communications, software, the Internet, and e-commerce. 

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.

IP Protection and Technology Law

A large number of technology lawyers also undertake active counseling practices regarding IP protection strategies, compatible development, open source licensing, participation in standards bodies, and related areas. 

This practice also comprises accomplishing diligence investigations and discussing terms with respect to IP ownership and technology dependencies in relation to internal IP audits, acquisitions and mergers, public offerings, and a host of such strategic transactions. 

Sourcing is an area that especially calls for expertise in, for instance, corresponding service levels, creating the appropriate scope of services and variable pricing terms. Technology attorneys also usually act as “outsourced general counsel” for companies related to technology.

Practitioners placed in this area have proven their expertise in intellectual property as well as commercial law. They also have adequate knowledge of industry best practices. 

These lawyers should also possess good business acumen because technology lawyers usually help clients in forming the core business terms of the deal, besides giving advice on intellectual property rights allocation, warranties, indemnities, licensing terms and the like. Attorneys practicing technology law are often found keenly assisting clients in creating new models of business.

Some of the main aspects to keep in mind while hiring an attorney for a technology consultation or transaction are background in the relevant segment of the industry, proficiency with the type of intellectual property rights involved, adequate know-how with the implicated technologies and their development, and sufficient experience with party on the other side of the deal. 

A technology lawyer can be expected to swiftly comprehend what assets are most valuable to a client, what synergies the client expects to accomplish through the deal, and a sound strategy of negotiation that takes all these factors into account.

Information Technology Law

Information technology law offers the legal framework for gathering, storing, and distributing electronic information in the global market. Attorneys practicing in this field of the law act on behalf of businesses and individuals from several different industries. 

They assist in giving a structure to the transactions of information technology in a manner that gives maximum economic benefit to the client while safeguarding regulatory compliance. A lot of importance is also placed on foreseeing possible areas of dispute between the parties to a transaction, and making agreements that will address all these concerns, thus eliminating the chances of litigation.

When disputes arise in the area of information technology that cannot be settled outside of the court system, an attorney who specializes in these kinds of cases will always be a strong advocate in comparison to a general legal practitioner. Information technology law firms are interested in hiring attorneys who have practical experience working in the industry before joining the legal profession. 

A lawyer who has such a background will always be more effective at explaining technical concepts to the jury or judge, and he or she is more likely to have contacts within the industry that make getting expert witnesses and consultants less difficult.

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeton, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

What is Tax Law?

shutterstock_1043656987-300x200 What is Tax Law? Lawyer Palm Springs | Orange CountyTax law refers to is the practice of law that is related to the payment of taxes and assessment. Tax laws originate from a wide variety of sources. They come from state, federal, and local authorities. They are created in federal and state constitutions, regulations, and laws. Tax law consists of comprehending, applying and defending the payment or non-payment of taxes.

Tax attorneys assist their clients to comprehend tax laws and carry out their affairs in a manner that is beneficial with respect to tax laws. When disputes happen, tax lawyers aid their clients defend their rights as well as protect their interests. Tax law is the understanding and application of tax laws that may influence both corporations and individuals.

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding communities.

Types of Tax laws in the United States

There are several different kinds of taxes in the United States. A tax lawyer can assist their client in any of the following kinds of disputes of tax:

  • Estate tax
  • Income tax
  • Business tax
  • Taxes that promote environmentally sound activities
  • Property tax
  • Capital gains tax
  • Import tax
  • Taxes on gifts
  • Vice tax or sin tax
  • Employment and payroll tax

Individual and Business Tax Laws

Both businesses and individuals pay tax in the United States. Usually, taxes are based on the value of an entity. For instance, the higher a person’s income, the greater they pay in income taxes. The structure of the US federal income tax levies higher tax rates for higher levels of income. Even a system of flat tax evaluates additional tax as the value of an article or sale goes up.

A tax assessment could be simple or complex. For instance, the US income tax code makes allowances for exemptions and deductions. If you invest in a 401k, you would be able to make deductions of your contributions from your income. 

You may be also able to subtract from your taxes for high medical expenses, the cost of an adoption, or even the cost of raising a child. On the other hand, a tax may be a simple percentage of the value of an item or account.

Taxes in the United States are chiefly self-assessing. For example, anyone can report their individual income sources and claim deductions. They can file their own tax return. The US government may decide to audit someone’s taxes, but the rate of audit rate is very small in comparison to the number of tax returns that are filed very year.

At times, the government may decide what tax to assess. Even non-resident US citizens are required to pay their taxes. Americans living abroad should file their tax returns. Tax law comprises of knowledge as to how to challenge a tax assessment or justify a self-reported payment of tax.

Income Tax Law

US income tax laws can be found in the Internal Revenue Code. The Internal Revenue Service (IRS) comes under the US Department of Treasury. The IRS manages the US tax code and gathers taxes. US tax law makes use of a graduated tax rate for personal income taxes. 

When a person earns more, they will be required to pay a higher tax rate on the money that they make. There are important exemptions and deductions that may have an impact on the final liability of the taxpayer

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeton, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Posted in Law

What is Statutory Law?

shutterstock_1081695923-300x200 What is Statutory Law? Lawyer Palm Springs | Orange CountyStatutory law refers to the law that is written by a legislative body. It is the law created deliberately by the government through chosen legislators through an official process of legislation. The judiciary is responsible for the interpretation and the enforcement of statutory law, but the judiciary cannot create statutory law.

Laws created by statute are usually codified. That implies that they are all assembled in one place and allotted numbers for the purpose of reference. For instance, the United States Code is the indexed collection of US law. States have their own groups of codes and statutes.

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.

What is not Statutory Law?

Statutory law refers to the law that is created firmly by a legislature and then formulated into law. Representatives contemplate what they think the law should be. They devote time to planning, preparing, editing, and then finally passing the law. To comprehend statutory law, it is helpful to recognize what it’s not:

Common Law

Common law is law that is created by the judiciary over a period of time. It is not approved by a legislative body. Instead, case by case, the judiciary decides what they think are sound principles of law.

When these principles are applied, individually, in real cases, common law comes into existence. This is not statutory law. Statutory law is created in a single act by a legislative body. It is not fragmentary like common law. Rather, statutory law either exists, or it does not.

Administrative law

Administrative law refers to the body of law that is formulated by executive agencies. Legislators sanction the agencies to exist. They permit the agencies to create their own rules in their respective areas of governance.

A body of Law can be Both Statutory and Common law

In some instances, a part of law develops through common law. Then, lawmakers turn up and make additions to the law through statutes. They may not entirely overrule or even write out the existing state of the common law. As an alternative, they may simply explain it and add to it.

How the Courts Interpret Statutory Law

When the courts embark to understand a statute, they begin by looking at the plain language of the law. If the law is sharp and well-defined, the courts bring to a close that the law implies what it says. The courts assume that the legislature wants to give meaning to every word in the law. They refuse the idea that the legislature would have put in extra words anything that they do not mean.

The courts attempt to follow the goal of the legislature. In some situations, a court might cancel a statute, in case they find that it is unconstitutional. 

Who can Create Statutory Law?

Statutory law can be created at all levels of government It may come from state, federal, and even local governments. A government can formulate a statute that is applicable in its jurisdiction and to the lower levels of government. For instance, the federal government can make a law that is relevant all through the United States. The states can create laws that will be applicable to only their states.

Cities, townshipsm and other municipalities can formulate laws that will be applicable within their borders. A municipality cannot cancel a state or federal law. Similarly, a state cannot cancel a federal law.Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeton, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Posted in Law

What is Sports Law?

shutterstock_593438831-300x200 What is Sports Law? Lawyer Palm Springs | Orange CountySports law is a group of several different kinds of law that have an impact on the sports industry. Sports law involves all matters that are associated with Olympic or professional athletes. It is also related to laws that regulate amateur and youth sports. 

There is a wide variety of laws that influence the sports industry such as personal injury law, contract law, criminal law trademark and athletic administration. Sports lawyers are available throughout the country.

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.

What is Sports Law?

Although professional sports agent is usually the first thing that comes to mind, sports law is a wide-ranging term for several types of law that affect the way people play sports both recreationally and professionally. For instance, a professional athlete depends on contract law for a playing agreement. Trademark law might give protection to the team that they play for. 

If an athlete gets hurt outside or inside the field of play, personal injury law might come to their rescue. Besides safeguarding professional athletes, sports law may also give protection to the younger children who play sports. Rules for safety of equipment and coach training might have an impact on young athletes. Some varieties of sports law are as follows

Contract Law in Sports Law

One of the most famous subjects of sports law is contract law. Contracts made between the teams that hire professional athletes are of vital importance. For star athletes, contracts may comprise millions of dollars. It is important that the contract must cautiously and clearly explain the terms of performance. 

Sports lawyers routinely serve as both as agents and legal negotiators. The sport law does not comprise only of athletes. Trainers, coaches, athletic trainers, and managers also require sports contracts. Attorneys who practice sports law are usually both the negotiators as well as contract drafters when millions of dollars are on the line.

Personal Injury Law in Sports law

Personal injuries occur in sports. A personal injury can happen during the game, and it can also happen outside of the field of play. Personal injury law might be pertinent to sports law. Although an athlete may bring a legal claim after a personal injury, the loads of fans that are present in sporting events may also have claims of personal injury. 

Any venue that is a host to sporting events must be careful and check negligent behaviors that may lead to the liability of personal injury. A sports venue will have a high duty for the safety of their property for customers who purchase tickets under the legal theory of liability or premises. 

In case a fan gets injured during the game, it might become a legal issue if the sports venue is negligent in the maintenance of their property.

Trademark Law in Sports Law

Professional sports teams are dependent on their trademarks. Trademark infringement is a demanding part of sports law for the lawyers who work to carry out trademarks on behalf of professional and college teams of sports.

Merchandising is usually as crucial to the revenue of a college or professional team as the sale of tickets. Sports lawyers execute a vital function implementing the rights trademark of the teams they represent.

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeton, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

What is Social Security Disability Law?

shutterstock_400545109-300x248 What is Social Security Disability Law? Lawyer Palm Springs | Orange CountySocial Security disability law includes the rules that are used to decide who will qualify for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) advantages, and the amount of money they will get. These are federal programs therefore the local and state laws are not applicable. 

The rules can be found in the Social Security Act as it appears in Title 42 of the United States Code, and in the printed regulations and rulings of the Social Security Administration (SSA).

The benefits of SSDI are meant for adults who become disabled and are not able to work for a period of at least one year. These benefits can be availed only by those who have paid an adequate amount into the system (through payroll taxes), and have not yet attained the age of retirement. 

Dependents of people who receive SSDI may also be eligible for benefits. SSI has a different purpose. It is planned for disabled people with insufficient or no income, irrespective of whether they have paid anything into the system.

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding communities. 

What are the Requirements for Disability Benefits

There are specific requirements for SSDI and SSI. For SSDI, the minimum qualification involves the number of “work credits” the applicant has collected before becoming disabled. 

Work credits are founded on the earnings of the applicant. Every time the applicant earns a certain amount of wages or income from, he or she collects one work credit (as of 2013, it takes $1,160 of earnings to get one work credit).

An applicant can earn up to four work credits in any given calendar year. To be eligible for the benefits of SSDI, the applicant must have in all forty credits, and twenty of these must have been secured in the ten year period leading up to the date of application.

To acquire SSDI, the applicant must also be “disabled.” SSA will consider an individual disabled if he or she is unable to work in their field or not able to adjust to another field of employment, because of severe medical deficiency. An individual may qualify on the basis of a single impairment, or a combination. In both the cases, the inability to work must be long-term and complete.

For SSI, eligibility criteria is based on level of income, not work credits. An applicant must have an income level that is below a specific amount known as the federal benefit rate, or “FBR” (as of 2013, the FBR is $710 per month). 

It is complicated to calculate the FBR. For instance, only a fraction of income earned by working will be added in the calculation. At the same time, FBR will contain the value of any in-kind services the applicant gets, such as meals or free rent.

How to File a Claim

You can start the disability applications in person, online, or by phone at the nearest social security office. A hefty amount of personal information is needed to complete the process of application, most of which contains the applicant’s work history and medical condition. 

Applicants should be able to give a detailed description of their doctors and other care providers, lab results, and medications. SSA will also inquire about previous jobs, and demand copies of the applicant’s W-2s and tax returns.

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeton, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

What is Securities Law?

shutterstock_346456049-300x193 What is Securities Law? Lawyer Palm Springs | Orange CountySecurities law, also known as capital markets law, consists of a comprehensive set of rules and regulations that govern the issuance of securities. A security refers to a financial instrument typically proposed to raise money for a business from investors in the industry.

Securities law explains the steps a corporation has to take in order to extend their investment offer to the public. This law has been formulated to ensure that public investments are reasonable and nondiscriminatory for everyone who decides to invest in the company.

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.

What is a security?

It is a financial instrument. Typically, a corporation extends a security so as to raise capital for their business. A stock is an example of security. Bonds, loan packages, and mortgages can also be clarified as securities. They are a method of funding a business firm or financing in a business.

Types of Securities Laws

The practice of securities law comprises of several modes. The securities law may be regulatory and transactional, or it may include litigation.

Transactional Securities Law

To put forward a security, a corporation has to prepare the investment for offering. Securities lawyers consist of transactional lawyers who advise their clients regarding how to make a public offering. They make all the necessary documents and then conduct investment negotiations. 

Security law is a type of business law. Lawyers dealing in security law negotiate deals on investment and prepare and review documents for their clients as part of the process of proposing a public investment in a business.

Regulatory Securities Law

Regulatory securities law is assisting a client to meet the terms with the numerous state and federal regulations that have to be applied for security offerings. Both before and after a business is offered to the public for investment, the business must comply with regulatory filings and mandatory information disclosures. 

They are required to prepare statements both quarterly as well as annually. These lawyers aid their clients in fulfilling the regulatory process by formulating and reviewing mandated disclosures.

Litigation Securities Law

When disagreements arise in buying and selling securities, lawyers who practice securities law become litigators. They get ready filings for court. They take part in the customary activities of litigation comprising discovery, motion practice and trial. A large number of litigation cases go to arbitration, so lawyers who practice securities law need to be skilled in arbitration.

Lawyers working in securities regulation may represent both corporations and investors. When an investor believes that a corporation has acted with dishonesty or has otherwise not complied with securities regulations, they may turn to a securities lawyer to aid them to get a solution. In turn, corporations depend on lawyers to help them guard against fraud allegations.

Administrative Securities Law

Besides, regulations, transactions, and litigation, the practice of securities law may also comprise of an appearance in an administrative hearing. If the Securities and Exchange Commission (SEC)  is suspicious of non-compliance or fraud, they may bring a civil action to an administrative law judge within the SEC. 

The Securities and Exchange Commission judge is an independent judge who will hear allegations of non-compliance with securities laws. Attorneys work to in two ways. Firstly, they work to take up allegations of violations on behalf of the SEC, and secondly to guard against the allegations on behalf of corporations.

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeton, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

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