Searching for a Social Security Disability Lawyer?

Have you been injured (whether on the job or on your own time) and can no longer work? Or do you have a medical condition that is stopping you from being able to work? You’re not alone. Here at Green Haines Sgambati, our Social Security Disability lawyers can help you. Get in touch with us and we will help you obtain and fill out all of the necessary documentation. We can also help you file a claim.

Reasons to Apply for Social Security Disability

  • You have a physical or mental condition that is severe.
  • Your condition has lasted more than a full year or longer, or you expect it to.
  • Your condition prevents you from working and earning $1,170 per month. (This is the 2017 “SGA” level.)

Did you know that millions of people apply for SSD benefits each and every year? If you’ve tried applying for SSD before and you’ve been denied, it’s time to call a reputable attorney at law to assist you. This way your appeal can be successful and you can start getting your rightful benefits.

There are many reasons why people are denied SSD. Here are some of the most common:

  • There is not enough medical evidence.
  • You won’t follow your doctor’s prescribed treatment plan.
  • Your condition is not severe enough.
  • Your disability is due to drug abuse or alcohol abuse.

In many cases, these denials are unjust – and we can help you fight back. Call us here at Green Haines Sgambati, and one of our Social Security Disability lawyers will help you every step of the way. We’re proud to be free consultation lawyers, so schedule your consultation today!

Posted in Uncategorized |

Remain Safe & Sound Throughout the Holidays

Here’s to a Happy and Healthy Holiday Season

As the holiday season nears, many of us are forced to brave inclement weather patterns and harsh driving conditions as we bustle through the season. We’ve all been there. The snow is falling as you rush around to purchase a couple of last minute gifts. It’s only natural that more accidents will occur as we inch toward the end of December.

According to research conducted by the National Highway Traffic Safety Administration (NHTSA), more than 5 million car accidents occur in the United States each year. Annually, these incidents cause serious harm for as many as 2 million drivers and passengers.

Though some accidents are the result of traffic, road conditions, and harsh weather patterns, most collisions are caused by careless driving. As you might imagine, these figures are inflated throughout the holiday season, when drivers are rushing to visit crowded malls and out-of-state family members.

This year, we urge you to remain calm and alert behind the wheel. Before you plan your next trip, take all local weather warnings into consideration. Drive safely and cautiously, and be sure to keep an eye out for pedestrians when you’re in a mall or shopping center parking lot. Keep emergency supplies in your vehicle in case you get stuck or stranded somewhere.

In the unfortunate event that you’re injured behind the wheel, be sure to reach out to The Law Firm of Green Haines Sgambati. Our certified accident lawyer is always standing by to help you gain the proper compensation.

Posted in Uncategorized |

Medical Mistakes: A Growing Issue of Public Health

Recently NBC News published an online report citing research that points to medical errors as the third leading cause of death in this country, just behind cancer and heart disease.

The numbers are staggering – between 200,000 and 400,000 deaths are directly related to medical mistakes, the most common being administering the wrong dosage of a medication, surgical errors, failure to diagnose or misdiagnosis. Estimates show that since 1999 the number of people dying from medical errors has quadrupled!

What does this mean? People are dying from the care they receive rather than from the medical problem for which they seek care. Another frightening fact based on a 2015 report is that most people in this country will receive a diagnosis in their lifetime that is either wrong or late.

And errors just don’t occur in a hospital, frequently they occur in clinics, surgery centers, doctor’s offices, nursing homes, pharmacies, even the homes of patients.

But no one knows the exact toll taken by this serious threat to public health, primarily due to the coding system employed by the Center for Disease Control and Prevention to record death certificate data. The CDC’s system doesn’t capture things like communication breakdowns, diagnostic errors and poor judgment that cost lives, a recent study by John Hopkins Medicine revealed. Authors of the study urge the CDC to immediately add medical errors to its annual list reporting the top causes of death.

When a medical error occurs – resulting in injury or death – the question of medical malpractice becomes a topic of discussion. Does the mistake amount to medical malpractice? First, a definition is in order. Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. Although a ‘health care provider’ usually refers to a physician, the term includes any medical care provider, including dentists, nurses, and therapists.

The bottom line here is that medical errors are preventable. And there is much the patient can do to protect him or herself such as:

• Ensuring all physicians are aware of all medicines you are taking.
• Making sure you can read the prescription a doctor gives you.
• Making sure you have a prescribed treatment plan when you are discharged from the
hospital.
• Speaking up with questions or concerns.
• Having a family member accompany you to appointments.

The NBC report is available online.

by Atty. Richard Abrams

Posted in Medical Malpractice, Uncategorized |

Wrongful Termination

Do you believe you or someone you know was wrongfully terminated? The employee bears the burden of proving this wrongful discharge. Our experienced lawyers can assist you in finding evidence, proving your case and recovering the damages you deserve.

Ohio wrongful termination laws

  • Discriminatory Firing- it is illegal for an employer to fire an employee based on a protected characteristic.
  • Breach of Contract- If you have a written employment contract promising you job security, you are not an at-will employee.
  • Wage and Hour Issues- It is illegal for employers to fire an employee for filing a wage complaint, testifying in a wage hearing, or instituting legal proceedings to collect unpaid wages.
  • Time off Work- State and federal laws give employees the right to take time off work for certain civic obligations and personal responsibilities. Employers may not discipline or fire workers for exercising these rights. These rights include:
    • Military leave
    • Voting leave
    • Jury duty
    • Family and medical leave
    • Military family leave
  • Workers’ compensation- employers may not fire employees in retaliation for filing workers’ compensation claims.
  • Workplace safety- Employers cannot fire employees for reporting violations of workplace safety laws.
  • Public policy- Employers are prohibited from firing employees in violation of a recognized public policy

Let us fight to get you the compensation that you deserve. Our wrongful termination lawyers are here to protect you!

Posted in Employment Law |

Appeals Court Wage Ruling is Major Victory for Home Care Workers

The U.S. Court of Appeals for the D.C. Circuit recently issued a unanimous opinion upholding the Department of Labor’s 2013 regulation extending minimum wage and overtime protections to home care workers employed by third-party employers. The case, Home Care Assn. of America v. Weil, 799 F.3d 1084 (D.C. Cir. 2015), involved the DOL’s interpretation of the “companionship service” and “domestic services” exemptions from the Fair Labor Standard Act. The exemptions apply to so called “companionship” workers and live-in domestics who provide in home care to individuals unable to care for themselves due to age or infirmity.

The FLSA gave the DOL authority to issue regulations defining the details and scope of the exemptions. When the DOL first issued regulations in 1975 it limited the exemptions to services provided in private homes. However, it allowed the exemptions to be used not only by private individuals receiving care but also third-party employers in the business of providing home care. Continue reading

Posted in Uncategorized | Tagged |

Sexual Harassment

Sexual harassment in the workplace is illegal under federal and Ohio law.

Sexual harassment can take many forms.  It may be non-physical, such as dirty jokes, requests for dates, suggestive looks or subtle or not so subtle pressure for sexual activity.  It may also get physical and involve touching, groping, or even attempted rape or rape.  And, there is a lot of it going on.  According to the website of the Equal Employment Opportunity Commission (EEOC), that agency received 11,364 charges of sexual harassment in fiscal year 2011.

Men and women can be the victims of sexual harassment, and the victim can be the same sex as the harasser.  It may be inflicted by employers, supervisors, co- workers, clients or customers.

Continue reading

Posted in Uncategorized |

Ohio Supreme Court Holds MEADD Did Not Have to Give Notice Before Picketing

Green Haines Sgambati Co., L.P.A. is pleased to announce that on October 23, 2013, in a 7-0 decision, the Ohio Supreme Court held that the Mahoning Education Association of Developmental Disabilities (MEADD) did not have to provide the Mahoning County Developmental Disabilities Board with notice before conducting an informational picket related to contract negotiations. The case arose after the Developmental Disabilities Board filed charges with the state claiming MEADD had violated the law by picketing without giving 10 days advanced notice. The Ohio Supreme Court unanimously held that the notice requirement does not apply to informational picketing such as MEADD had conducted. The decision means that public sector unions across Ohio no longer have to provide employers or the state with notice before holding an informational picket.
 
Green Haines Sgambati Co., L.P.A. attorneys Ira Mirkin, Charles Oldfield and Stanley Okusewsky represented MEADD, an affiliate of the Ohio Education Association, in this matter.
Posted in Uncategorized |

Unjust Discharge: A worker’s Right to Fight Back

The last words you remember hearing were “MARY JONES, PLEASE REPORT
TO PERSONNEL!” Now security is escorting you to your car.  The last twenty minutes are a blur.  You have been fired.  As the cobwebs clear, you recall asking, “Why?  What did I do?”  The less-than-enlightened personnel director responded, “This is employment-at-will.  We don’t have to give you a reason.”

Tonight, friends will call to offer support.  Some will say, “Call a lawyer.  They
can’t do this to you.”  Well, can they?

Continue reading

Posted in Uncategorized |

Emergency Room Mistakes

Doctors, nurses and medical staff take pride in the standard of care in our hospitals.  But the failure to exercise a degree of reasonable care in Emergency Rooms happens more often than you might think.

The attorneys of Green Haines Sgambati understand that rapid and specific treatment is essential for a patient in a hospital Emergency Room.

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Posted in Medical Malpractice |

Accident With An Uninsured/Underinsured Motorist?

If you’re involved in an accident with someone who carries only minimal auto insurance — or no insurance at all — you may feel it will be impossible for you to recover the expenses you face.

But in fact, your own auto insurance policy may contain provisions covering an accident with uninsured motorists (those who have no insurance at all), and underinsured motorists (those who carry only the bare minimum of insurance required — which is often inadequate to cover the damages you’ve suffered).

Policies with these provisions may cover:

Continue reading

Posted in Motor Vehicle |