Community Leader: David S. DeRose, Esq.

Great to see QR attorney David S. DeRose featured in the Fall 2013 edition of the The Pittsburgh Foundation's FORUM newsletter.

http://pittsburghfoundation.org/sites/default/files/FORUM%20Fall%202013.pdf

PA Injured Workers: HISTOPLASMOSIS IN THE WORKPLACE: THE BAT DROPPINGS...

PA Injured Workers: HISTOPLASMOSIS IN THE WORKPLACE: THE BAT DROPPINGS...: by Vincent J. Quatrini, Jr.   Are you exposed to bat droppings and bird manure in your workplace?  If so, you may be a at risk fo...

Relax the Back: Lessons from the Pittsburgh Post Gazette

Below are links to a three-part series on back pain and its treatment from the Pittsburgh Post Gazette:

http://www.post-gazette.com/stories/news/health/my-aching-back-only-seek-surgery-for-the-back-when-necessary-703565/

http://www.post-gazette.com/stories/news/health/ways-to-have-a-healthier-back-703518/

http://www.post-gazette.com/stories/news/health/my-aching-back-low-back-problems-are-common-neurological-disorder-701704/

http://www.post-gazette.com/stories/news/health/before-finding-a-remedy-you-need-to-know-whats-causing-the-backache-701693/

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Quatrini Rafferty

Latrobe    Greensburg    Pittsburgh

Nursing Home Concerns

Americans are living longer than ever. One result is that there are now nearly 1.6 million nursing home residents in the United States. In Pennsylvania alone, there are approximately 80,000 people living in nursing homes.

If your loved one is admitted to a nursing home, personal care home or assisted living facility and you have concerns about their care, the following can be signs of neglect:

• the development of bedsores
• broken bones 
• unexplained injuries
• malnutrition or dehydration
• unexpected or unexplained death

There are many resources available to assist you with questions. Concerns can be voiced to these entities:

• local office of the Area Agency on Aging at www.carepennsylvania.org, or by calling 800-989-8137 for information and other resources.
• local office of the Pennsylvania Long-Term Care Ombudsman at www.aging.state.pa.us, or by calling 717-783-8975 for information and other resources.
• A complaint can also be made to the PA Department of Health at www.health.state.pa.us, or by calling 877-724-3258.

Finally, concerned family and friends can join the National Consumer Voice for Quality Long-Term Care, a national group dedicated to improving nursing home care, www.theconsumervoice.org.

In Pennsylvania, the courts recognize nursing home neglect and permit the filing of a lawsuit. If you have a question about this type of legal action, call our office and we can refer you to someone who can help.

- Quatrini Rafferty

Greensburg      Pittsburgh      Latrobe

           www.qrlegal.com 

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Unemployment Compensation Basics

by Quatrini Rafferty attorney James A. Horchak

The unemployment compensation (UC) system is designed to provide a short-term "safety net" of benefits which provide income when you lose your job through no fault of your own. 

Generally speaking, to be eligible for UC benefits, you must be able and available to work. The determination of whether you are eligible for benefits is a three step process.

The first step is to determine whether you are financially eligible for benefits. This step generally involves two questions. The first question is whether you earned enough wages to qualify. Your earnings are reviewed using your "base year". The base year is generally the first four of the last five completed calendar quarters prior to the date you applied for benefits. The base year is different for individuals who separated from their employment due to a compensable work-related injury. The amount of benefits you are entitled to will be based on the highest of the four quarterly wages. 

The second question is whether you have 16 or more "credit weeks." Credit weeks are defined as weeks in your base year in which you earned $50 or more. If you have less than 16 credit weeks, you are not eligible for benefits. The UC office will perform these calculations and issue a financial determination.  The second step is to determine whether you are eligible to receive benefits based on the circumstances of your job loss. There are primarily two reasons for losing a job: either you quit or you are fired. Some people have the misconception that if they quit their job they are not entitled to benefits. This is simply untrue. 

Under certain circumstances, you are able to quit your job and subsequently receive benefits. For example, you are eligible for benefits if you quit due to a health problem which affects your ability to perform your job, as long as you have given your employer an opportunity to offer you suitable work. This involves a discussion between you and your employer prior to quitting. If your employer has no accommodations or other suitable work, you may quit and be eligible for benefits.

On the other hand, if you were fired from your job, you still may be entitled to benefits. I have represented people who have been fired for many different reasons, such as violating an employment rule or policy, unsatisfactory work performance, or committing too many mistakes at work. Just because you were fired from your job doesn't mean that you are not entitled to benefits. In this type of situation, an employer has to prove that you committed "willful misconduct." This can only be determined on a case-by-case basis depending upon your circumstances. You may have particular reasons to justify your conduct. For example, if you are fired from your job as a delivery person for having too many vehicle accidents, you may still be entitled to benefits. You might be able to prove that the accidents were truly accidents, and not intentional nor deliberate.

The third step involves maintaining your eligibility for benefits after you begin to receive them. If you are both financially eligible and eligible based on the circumstances surrounding your loss of employment, you will begin to receive benefits one week after you apply for benefits. Upon receiving benefits, you must continue to be able and available to work. You are not entitled to benefits if you are not physically able to work at any job due to medical reasons. You must also be available to work and, for example, not be on vacation or in jail. In addition, you must report your current employment status to the UC office every other week.

If the UC office determines that you are not eligible for benefits, you have a limited time to appeal that decision. On appeal, a referee will hold a hearing to review the circumstances of your claim based upon testimony from both you and your employer. Each party has the right to be represented by an attorney. After the hearing, the referee will issue a new determination regarding your eligibility for benefits.

If you are contemplating quitting your employment, call me at 724-552-2745 before you quit to discuss your circumstances and how to preserve your right to benefits. If you have already been denied benefits, I can help you appeal your claim and represent you at your hearing.

Attorney James A. Horchak represents people who have been denied unemployment compensation benefits. If you find yourself out of work, you may be eligible for unemployment compensation benefits. In order to receive benefits, you must apply either online at https://www.paclaims.state.pa.us/UCEN/Welcome.asp or call the Unemployment Compensation Service Center at 1-888-313-7284.

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2013 Notice of Rate Adjustment for Record Reproduction

Making Sense of Your Auto Policy

By Joyce Novotny-Prettiman, Esq.


We have heard clients comment that they never really read their auto insurance information prior to their motor vehicle collision. Unfortunately, after you are in an accident, it is too late to make sure you have the coverage you need. Take just a little bit of time to do some "preventive maintenance." Here is our advice about the coverage you should have in place to protect you and your family.


TORT OPTION: FULL TORT

This is the most important choice when selecting your coverage. Always choose the full tort option which provides the most complete protection. If you do not choose full tort, you give up important legal rights. This holds true even if an accident is not your fault.

The person who makes the tort selection binds the entire household and everyone covered under the policy. Selecting full tort is "easy." There are no forms to sign to select it. You actually have to sign a form to opt out of your rights under full tort.


MEDICAL COVERAGE: $10,000.00 MINIMUM

Though you must purchase at least $5,000 of medical coverage, we recommend at least double that amount for medical coverage, or "first party coverage" as it is called in Pennsylvania. If you do not have health insurance, you may want to purchase even more coverage which will pay medical bills if you or a family member are hurt in a collision.


WAGE LOSS COVERAGE: CHOOSE IT!

If you are hurt in an accident and not able to work, wage loss coverage will keep money coming in to pay your bills while you are off work. If you do not have this coverage, you must wait to get your wage loss covered by the person at fault for the collision. This process can take a long time because the wage loss payment is part of a one-time, lump-sum payment. Though Pennsylvania does not require that you carry this coverage, most people who become involved in an accident are thankful they purchased it.


UNINSURED AND UNDERINSURED (UM/UIM) COVERAGE: $100,000.00 MINIMUM

Just like wage loss coverage, this coverage is not required under Pennsylvania law - BUT you do not want to go without it. This important coverage protects you and your family if you are hurt by a person who has little or no insurance. To make this coverage even more valuable, you want to "stack" uninsured and underinsured motorist coverage. If you have several cars in your household, you can collect this type of coverage from another car in your household. This coverage may also provide protection even if you would be involved in an accident that does not involve your auto.


Full Tort + Wage Loss Coverage + stacked UM/UIM coverage = the best protection for you and your family.

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My Military Service Records: How Can I Get a Copy?

Many veterans, as they left the service, never received a copy of their military service records, including treatment records.  These documents are very important as they can reveal medical treatment for in-service conditions or disabilities.  They often times serve as the smoking gun for winning a service-connected benefit.

Most veterans can obtain free copies of their DD Form 214 (Report of Separation) and other military and medical records by requesting them online at the website of the U.S. National Archives.

Go to www.archives.gov and click on "Veterans' Service Records", and follow the instructions.

OR GO DIRECTLY TO the Military Service Records page of the National Archives at:

http://www.archives.gov/veterans/military-service-records/

- Quatrini Rafferty Veterans Law Group

Serving veterans in Pennsylvania, and surrounding states, from our offices in Greensburg, Pittsburgh, and atrobe

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Estate Planning in a Technological Age

by Quatrini Rafferty attorney David S. DeRose, Esq.

When we sit down to discuss who will benefit from what we have accumulated during our lifetime, we start with creating an accurate summary of our assets and our debts. We talk about houses, vehicles, bank accounts, pension and retire- ment accounts, life insurance, investments and other things of value that belong to us. 

We also discuss our mortgages, car payments, personal loan payments, Visa and Mastercard bills and other similar debts. But what we sometimes forget to address are things that might not have a piece of paper that evidences their existence.

What kind of things do I mean? For instance, many people have bank accounts, savings accounts or certificates of deposit in financial institutions that are not "brick and mortar" facilities. We typically think of visiting our local bank branch but don’t consider online banks. As with so many things we find online, these banks require account numbers, PIN numbers and access codes. In a complete estate plan, it would be imperative for the representative of the estate to know that an account exists and other identifying information about the account. Without that information, access will be denied and it will then take additional time and effort to gain access.

There should also be some instruction left as to what to do with things like email, Facebook, Twitter, LinkedIn, and other similar online social networking accounts. These accounts certainly contain a great deal of personal information and need to be appropriately terminated at the time someone dies. Your spouse, child or other trusted family member who is going to represent your estate at the time of your death should have access to online information. This information would allow them to terminate a Facebook account, resolve any issues that might exist with purchasing or selling items through eBay, transfer online photos, records and files and finalize other similar activities.

Our firm has attorneys that understand the technological issues that face us in this digital asset age. We welcome the opportunity to help you make sure that you have properly and completely addressed all of the matters that will exist at the time of your death. We take many of these conveniences for granted in our day-to-day existence; however, the conveniences and the benefits that technology created for us may also create difficulties and problems for those we leave behind.

David S. DeRose is an associate at the firm and concentrates his practice in the areas of estate planning and administration, family law, real estate and zoning.  David is also the current President of the Westmoreland County Bar Association.

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Quatrini Rafferty Debuts Latrobe Office

QuatriniRafferty is pleased to announce the opening of our Latrobe office at 816 Ligonier Street in downtown Latrobe, which is at the corner of Main and Ligonier Streets. The new office is situated on the ground floor of the former Mellon Bank building, which is across the street from the Latrobe Art Center. Many of the architectural features of the space have been restored. One of the most interesting features of the restoration is the original bank vault that has been cleaned and preserved. Appointments can be made at the Latrobe office by calling either 724-837-0080 or 724-539-2841.  We look forward to using this additional office to accommodate our clients in Westmoreland, Indiana, Cambria, Somerset, Blair, and other counties east of Greensburg.

 

 Want to see additional photos?  Check out our Newsletter:   Quatrini Rafferty Latrobe Office

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Social Security New Policy Ruling: What Does it Mean?

The Social Security Administration has just released Policy Ruling 13-2p.  These rulings occur infrequently and are designed to clarify the law for Social Security Administration judges.

Social Security Ruling 13-2p focuses on how Social Security Judges consider cases involving drug and alcohol use. As the law is currently written, an individual may not be found disabled if drug or alcohol addiction is (1) the main reason for their disability, or (2) the drug or alcohol addiction aggravates an underlying condition.  

As the law now stands, the Social Security Judge must decide whether the drug or alcohol addiction is "material" to an individual's disability. 

The new ruling provides that if the disability claimant's drug or alcohol problem is material, the Administrative Law Judge is required to look at the entire evidence record to decide  whether the individual's impairments, whether physical or mental, directly related to, caused by, or aggravated by, the drug or alcohol addiction. Where the Social Security Judge finds that it is, an unfavorable determination is most likely.  Conversely, where the Social Security Judge determines that the drug or alcohol problem, in and of itself, does not have an effect on the individual's ongoing impairments, and these ongoing impairments are severe enough on their own to warrant a finding of disabled, a favorable decision may be reached, regardless of the addiction.  

It should be further noted that the new SSR 13-2p has not been officially released.  It is currently in the public comment stage.  

The entire SSR 13-2p may be found here:

http://ssa.gov/OP_Home/rulings/di/01/SSR2013-02-di-01.html

- The Social Security Disability Group at Quatrini Rafferty

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New Statewide AWW

The Pennsylvania Department of Labor & Industry has increased the maximum average weekly wage for workers' compensation payments to $917.00 for 2013.  This is an increase of 3.3 percent from 2012.

http://www.portal.state.pa.us/portal/server.pt/community/workers'_compensation/10386

What to do when you are in an accident?

Here's the perfect checklist to cut out and store in the glove box of your vehicle:


 http://www.qrglaw.com/Personal-Injury/At-The-Scene.pdf



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Tips to Help your SS Case

by Kellie Taylor, Paralegal

•  Your attorney, paralegal and secretary work together on your case as a legal team. You can be assured that all information you provide is shared with all members of the team.
• You know important information about your symptoms and your health history. Tell us so that we can better help you!
• Even if something makes you feel embarrassed or uncomfortable, it is important that you relay all information related to your case.
• Please keep us up-to-date with any changes in your condition and/or treatment. It is not necessary for you to provide this information directly to the attorney or paralegal - you may provide it to the secretary.
• Remember to always bring an up-to-date list of your medications to all of your appointments.
• Bring to your appointments any information you have which is important to your claim such as copies of medical records, your resume or the statement you receive from the Social Security Administration setting forth your yearly earnings.
• We want to be sure we are handling your case to your satisfaction. If you don’t understand what you are being told, please let us know. It is OK to ask.
• It is helpful to write down your questions before you come for an appointment and to take notes so you can refer back to them when you get home.
• If you need to leave a message, please be detailed and provide your full name, telephone number and details of why you are calling. For example, tell us "Dr. Smith ordered an x-ray of my back and it was done on June 1st at Westmoreland Hospital." This detail is incredibly helpful.

The Compassionate Allowance List (CAL)

The Social Security Administration maintains a Compassionate Allowance List (CAL) as a way to quickly identify medical conditions that will likely qualify for disability benefits, lessening the wait time for a decision.


As of April 11, 2012, Social Security expanded the Compassionate Allowances List to include 52 new medical conditions. The 52 new Compassionate Allowance conditions are:


Aicardi-Goutieres Syndrome
Alobar Holoprosencephaly
Alpers Disease
Alpha Mannosidosis
Carcinoma of Unknown Primary Site
Cerebrotendinous Xanthomatosis
Child Neuroblastoma
Child Non-Hodgkin Lymphoma
Chondrosarcoma with multimodal therapy
Cornelia de Lange Syndrome-Classic Form
Ewings Sarcoma
Follicular Dendritic Cell Sarcoma with metastases
Fucosidosis - Type 1
Galactosialidosis - Early Infantile Type
Glioma Grade III and IV
Hallervorden-Spatz Disease
Hepatoblastoma
Histiocytosis
Hutchinson-Gilford Progeria Syndrome
Hydranencephaly
Hypocomplementemic Urticarial Vasculitis
Hypophosphatasia Perinatal lethal Form
I Cell disease
Infantile Free Sialic Acid Storage Disease
Juvenile Onset Huntington Disease
Kufs Disease Type A and B
Lissencephaly
Lymphomatoid Granulomatosis Grade III
Malignant Brain Stem Gliomas - Childhood
Malignant Melanoma with metastases
Mastocytosis Type IV
Medulloblastoma with metastasis
Merkel Cell Carcinoma with metastases
Myocolonic Epilepsy and Ragged Red Fibers Syndrome
Nephrogenic Systemic Fibrosis
Obliterative Bronchiolitis
Ohtahara Syndrome
Orthochromatic Leukodystrophy with Pigmented Glia
Pearson Syndrome
Pelizaeus-Merzbacher Disease-Classic Form
Pelizaeus-Merzbacher Disease-Connatal Form
Peripheral Nerve Cancer - metastatic or recurrent
Perry Syndrome
Rhabdomyosarcoma
Rhizomelic Chondrodysplasia Punctata
Schindler Disease Type 1
Smith Lemli Opitz Syndrome
Spinal Nerve Root Cancer- metastatic or recurrent
Stiff Person Syndrome
Tabes Dorsalis
Wolf-Hirschhorn Syndrome
Xeroderma Pigmentosum

To view the complete list visit:  http://www.qrglaw.com/Social-Security-Disability/The-Compassionate-Allowance-List-CAL.shtml

WHERE DO YOU DRAW THE LINE ON DISTRACTED DRIVING?

Pennsylvania lawmakers have drawn the line as to what will soon be considered illegal driving practices. New provisions in the law will go into effect in March 2012 to attempt to limit the use of "interactive wireless communications devices." This term includes the use of wireless telephones, smart phones, portable or mobile computers or other similar devices, but does not include GPS or navigation systems. The changes to the Pennsylvania Vehicle Code will outlaw driving while using such devices to send, read or write a text-based communication.

This offense is a primary offense, which means that law enforcement personnel can issue a citation for the offense even if the driver is not violating any other section of the Vehicle Code. In contrast, the seat belt law in Pennsylvania is a secondary offense – this means that an adult driver must be cited for some other violation before an officer can add the lack of use of a seat belt to the citation. The fine for a driver who commits the new summary offense of using an interactive wireless device in violation of the statute is $50.

The new law makes no move to control the use of wireless communication devices for telephone calls which is something that was debated by the legislature. Thus the question arises: does the new legislation go far enough to discourage distracted driving?


Distracted driving includes activities such as:

• texting


• making phone calls


• eating and drinking while driving


• reading, including reading maps


• using navigation systems


• adjusting a radio, CD player or MP3 player


• grooming

While it is clear that texting while driving is certainly dangerous, there have been many reports that other activities, including the use of cell phones, reduce a driver’s attention to the roadway and greatly increase the chances of a collision. All of the other activities listed above draw a driver’s attention away from their most important task: watching the road ahead.

Why has Pennsylvania outlawed texting but allowed cell phone usage to continue? It is interesting to note a study by Carnegie-Mellon University which suggests that driving while using a cell phone reduces the amount of brain activity associated with driving by as much as 37 percent. Additionally, the National Highway and Traffic Safety Administration is pushing to eliminate distracted driving on a federal level. If the federal government regulates this area, less stringent state laws will be invalidated. You can review further information about the dangers of distracted driving by logging onto www.distraction.gov.

In the interest of safety, we at QR encourage everyone to place their cell phones and smart phones out of reach while driving. Safe driving is too important to allow for any distractions which go well beyond texting.

MADE IN THE USA

Does it seem that nothing is made in the "good ol’ U.S. of A." anymore? All one has to do is walk down the aisle at a local Wal-Mart to realize that the majority of the things we buy everyday are made in China and other countries, but many products are still American-made. Buying American stimulates the economy and keeps jobs right here where they belong. If you are not sure where something is made, there are numerous websites that can help you answer that question, such as www.americansworking.com.

Why buy American?

• Foreign labor standards may allow unsafe working conditions and child labor.
  


• Many countries have no minimum wage restrictions.
  


• The decline of American factory production makes us more dependent on foreign-made goods.
  


• Foreign manufacturing standards can be low, unregulated or non-existent, resulting in unsafe products such as children’s toys containing lead paint, and baby formula with dangerous additives.
  


• Choosing American preserves jobs for future generations.

Buy American - and help keep America working!

2012 Statewide AWW

The Pennsylvania Department of Labor and Industry recently announced that the Average Weekly Wage for workers' compensation benefits has increased to $888.00 per week for 2012. This is a 3.5 percent increase from 2011.

For more information on the AWW increase and a chart of past AWW's, please click the link below:

http://www.portal.state.pa.us/portal/server.pt/community/claims_information/10431/statewide_average_weekly_wage/552650

2012 Notice of Rate Adjustment for Record Reproduction

The Center for Safe Schools presents: Military Kids!

First Tuesdays online training series.

"Helping Military Kids Cope - Understanding the Deployment Cycle", the first in the series of live, online learning sessions for educators, will be held Tuesday, November 1, 2011 from 10:00 a.m. to 11:30 a.m. (Eastern Time).

Children of parents who are deployed with the military or living at home with veterans experience a range of needs that are not addressed in the traditional school setting. This presentation will help to identify the number and prevalence of military youth in Pennsylvania as well as provide strategies and resources to meet some of those needs. The presentation will address:

1) The prevalence of military families and the unique needs of their children in Pennsylvania;

2) A first hand perspective of the deployment cycle.

3) What a School Liaison Officer is and how to obtain their services when not living on a military base.

This training is offered by the Center for Safe Schools through funding provided Operation: Military Kids! There is no cost to participate. This training has been approved for 1.5 Act 48 credit hours. If you are interested in receiving Act 48 credits, a $5.00 processing fee must be forwarded to our office upon completion of the session. Following the presentation you will be prompted to download an Act 48 form to be completed and returned to this office with a check payable to: CSIU in the amount of $5.00.

To learn more about this session and to register, go to:

www.SafeSchools.info/mission-homefront/professional-development