Police interactions with the public are defined as “mere encounters,” “investigative detentions,” or “arrests.” Constitutional protections against unreasonable “searches and seizures” extend only to those instances in which a “seizure” of the individual has occurred. A “seizure” occurs only when a reasonable individual would not fee “free to leave.” Any interaction where a reasonable individual … Continue reading Search and Seizure: “Mere Encounters” and “investigative Detentions”
Completing the Disability Report – Appeal
Having to complete the Disability Report – Appeal (Form SSA-3441-BK) means that your claim has been denied. This form accompanies the appeal of the unfavorable determination of your application for Social Security disability benefits. That initial denial is often a shock to people who have applied for disability benefits because they can no longer work. Don’t … Continue reading Completing the Disability Report – Appeal
I Want to Keep the House, But the Mortgage is in Both of Our Names. What Are My Options?
By Matthew T. Hovey, Esquire Most of the clients I meet with are home-owners. In this post-real estate bubble period, almost all of the homes are mortgaged to a bank. In these situations, the first two questions I will ask of the client are (1) who has an ownership interest in the home (who is … Continue reading I Want to Keep the House, But the Mortgage is in Both of Our Names. What Are My Options?
CMS Memorandum Reaffirms its Standards of Review for Workers’ Compensation Settlements
Many injured workers in Pennsylvania are receiving workers’ compensation benefits and are also entitled to, or have applied for, Social Security disability or retirement benefits. The majority of these individuals will also become entitled to the payment of medical expenses under Medicare. In the event he or she contemplates accepting a settlement of the workers’ … Continue reading CMS Memorandum Reaffirms its Standards of Review for Workers’ Compensation Settlements
New proposed change to the PA Workers’ Comp Act
Once again the Pennsylvania legislature is working to limit injured workers’ rights. This time it’s not with broad sweeping changes, but in small increments, almost as if they do not want to be noticed. Namely, they’re seeking to double the length of the “captive period” from 90 to 180 days. Just so we’re clear, 180 … Continue reading New proposed change to the PA Workers’ Comp Act
Can you Fund your Own Federal Relief Determination if You are a Prohibited Person?
Quite often, individuals call me because they are prohibited under Federal Law, usually 18 U.S.C. 922(g)(1), but not specifically under the laws of the Commonwealth of Pennsylvania. However, since they are prohibited at the federal level, that individual is a prohibited person that cannot use or possess any firearm or ammunition, including black powder. Pursuant … Continue reading Can you Fund your Own Federal Relief Determination if You are a Prohibited Person?
It’s Titled in My Name, So I Get to Keep It in the Divorce, Right?
By Matthew T. Hovey, Esquire When I meet with potential clients who are seeking help with a divorce, the number one misconception I encounter is the belief that because some item of property (e.g., real property, bank account, car, pension fund, etc.) is titled or deeded to only one of the spouses, then the property … Continue reading It’s Titled in My Name, So I Get to Keep It in the Divorce, Right?
Are You an FFL or Gun Club Looking for Insurance? Lockton Affinity may be your Answer
Frequently, my Federal Firearms Licensee clients are at a loss of where to turn to when the issue of insurance arises. There are very few insurance companies that will cover FFLs, let alone, provide products liability insurance to firearms manufacturers. However, there is an option that provides very competitive pricing – Lockton Affinity, which is the NRA endorsed … Continue reading Are You an FFL or Gun Club Looking for Insurance? Lockton Affinity may be your Answer
Consent to Search
One of the well-known exceptions to the requirement of a search warrant before a search may be conducted is consent to the search. Valid consent may render an otherwise illegal search permissible. Commonwealth v. Cleckley, 738 A.2d 427, 429 (Pa. 1999); Commonwealth v. Gillespie, 821 A. 2d 1221, 1225 (Pa. 2003). At any proceeding challenging … Continue reading Consent to Search
Tell Your Doctor to Write Down Your Complaints
One of the best things an individual can do when applying for Social Security disability benefits is to make sure that all of the complaints and medical issues are in writing. Be sure to tell the doctor your symptoms, and make sure that your doctor writes them down. Your medical records – the doctor’s treatment … Continue reading Tell Your Doctor to Write Down Your Complaints
