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Miscellaneous News Letters
ASK THE LAWYER: HOW CAN A DISABLED VETERAN GET BENEFITS?
By Kim K. Steffan, Attorney
Copyright 2007
Veterans with service-connected disabilities are entitled to tax-free Disability Compensation from the Veterans Administration (VA).
Sometimes a veteran may not realize his injury or condition would qualify him for compensation. What is or isn’t enough to qualify for Disability may not
be readily apparent. Since July 2007, the government has expanded opportunities for veterans to get claims help from attorneys.
Veterans are entitled to compensation for injuries and disabilities that occur on active duty, and for conditions made worse by military service.
This is true if the service member was on active duty at the time, even if the injury happened while on leave or while doing something unrelated to her
military job, like playing a recreational sport. It will take medical proof to show what the disability is, and that there is a link between the disability
and some event that happened on active duty. However, veterans with dishonorable discharges are not eligible for Disability Compensation.
Disability compensation can be available for chronic conditions diagnosed years after service ends, so long as there is a connection. For example, arthritis
that develops years after a military Jeep accident caused a knee injury can qualify the veteran for Disability compensation.
There are special categories of veterans who have a "short-cut" way to prove their cases. Here are some examples:
- Veterans with tropical diseases appearing within 1 year after service in a tropical area;
- Former POWs who develops diseases common among POWs, like peptic ulcers or anxiety conditions;
- Persian Gulf I War Veterans with unexplained multi-symptom illnesses like chronic fatigue or fibromyalgia;
- Radiation-exposed veterans;
- Anyone who was physically in Vietnam or in the waters offshore, who develops a condition linked to Agent Orange exposure, including certain cancers and
adult-onset diabetes.
There are no special short-cut rules yet for veterans who served in Iraq or Afghanistan. If you do not fit within a "short-cut" category,
don’t worry; it just means you will need to prove your claim in the usual way.
Disability payments are based on the percentage disability rating. Benefits range between $115 a month to over $2,471 per month. Even without a 100% disability
rating, the veteran may qualify for 100% disability payments if his disability keeps him from earning a living. Additional benefits are available for veterans
who have dependent children or disabled spouses. For veterans who may be able to return to work, the VA offers services to help them find and keep suitable employment;
the VA may also pay for job training.
New claims start with the local/regional Veterans Administration (VA) office. If the case is denied, you have one year to appeal, or the claim is lost. Your appeal
can include any information you believe makes your case stronger, including more recent doctors’ reports. You cannot raise new claims for the first time in an appeal.
Filing your appeal triggers some time limits for submitting additional information, and for requesting a hearing. It is important to meet all of those deadlines.
Veterans can get help with their claims. Some veterans’ organizations have claims representatives on staff, usually at no fee. Since July, 2007, private attorneys
can serve as claims representatives, usually on a contingent (percentage) fee basis. Veterans need to be persistent with their claims, and should not give up just
because their first claim is denied.
ASK THE LAWYER: IS YOUR WEBSITE ACCESSIBLE TO THE DISABLED?
By Kim K. Steffan, Attorney
Copyright 2003
Q: Does the law require my website to be accessible to disabled persons?
A: There are no court cases or regulations that specifically require websites to be accessible to disabled persons
yet, but I predict that this will be required in the not-so-distant future. The applicable law would be the Americans with Disabilities
Act (ADA), which prohibits discrimination based on disability. I recommend that website owners begin learning about accessibility
guidelines and implementing them as they update their websites.
Even if not required by law, making your website accessible to disabled persons may be in your own economic interest if your website
promotes your business. According to the Chartbook of Disability in the U.S. (1996), about 19.4% of Americans not residing in institutions
have a disability, or about 48.9 million people. As computers become increasingly common, many disabled persons use a computer to access
the web. This is a large market you may not want to miss if your website is important to your business.
There are two sets of guidelines for website accessibility:
- Mandatory rules for federal agencies’ websites (called "Section 508" rules), published at
http://www.access-board.gov/indexes/accessindex.htm.
These rules are not mandatory for anyone else, but they show what kinds of rules are likely to apply to everyone (or at least all businesses)
in the future.
- Voluntary industry guidelines published by the World Wide Web consortium at www.w3.org.
These two guidelines have many features in common. Some examples are:
- If your website has audio, make a written text available with the same information, for the hearing impaired.
- More contrast between light and dark colors makes reading easier for visually impaired persons.
- Many visually impaired persons use "screen readers" which read to them the text on the screen. Screen readers cannot make sense
of text in side-by-side columns, as these readers keep going left to right across the screen. If you have forms on your website, place the
field title in front of the input field, rather than above it, so that screen readers will be able to put the correct title with the correct
input field.
- Avoid causing the screen to flicker, as this can cause seizures in persons with epilepsy.
- If you have a "movie" type presentation in your website, make text and audio versions available.
- Provide keyboard substitutes for mouse commands when possible, to help those with manual dexterity disabilities.
Would you like to check your current website for accessibility?
One company, Watchfire, has a software tool called "Bobby" to evaluate your
website and offer suggestions for meeting both sets of guidelines. A basic review for smaller sites is available free on-line at
http://www.watchfire.com/products/desktop/bobby/default.aspx.
Approved sites are entitled to use a "Bobby Approved" icon.
An on-line "class" on making your website "universally accessible" can be found at www.lgta.org.
This class was originally developed for use with the US Department of Agriculture.
These resources help make your website more accessible to persons with disabilities. At present, that may be good business practice.
In the future, it may well be a business requirement.
LEGAL CAREER ALTERNATIVES
By Kim K. Steffan, Attorney
Copyright 2003
Q: Once you have a law degree, what are career options?
A: In another article, I addressed students interested in attending law school. This article identifies some of
the career options available after earning a law degree.
After finishing law school, most students take their state’s bar exam to become licensed, and begin practicing law. There are a number
of options in how and where to practice law. Statistically, most practicing attorneys are in private practice either on their own or
with a firm, but that isn’t the only choice. Other practicing attorneys work as prosecutors, public defenders, as in-house counsel
for corporations, as staff counsel for non-profit organizations, or for government agencies. The state’s largest law firm isn’t a
private firm; it is the N.C. Attorney General’s Office.
If you are interested in private practice, there are a number of choices to suit your interests and personality. Television makes
people think first of trial practice, and a lot of us enjoy courtroom work. Some lawyers wish to be elected or appointed as judges
in general courts or in administrative courts. Others, like me, would rather be a courtroom advocate than a judge because, using
a sports analogy, playing the ball game is more fun than being the referee.
By personality, some lawyers do not enjoy courtroom work, and never enter a courtroom. Some lawyers prefer using their research and
writing skills to do appellate work like writing briefs. Others prefer a "transactional" practice, which means helping clients on
a one-to-one basis with their personal or business transactions, e.g., contracts, business deals, real estate transactions, family
agreements. A "general practice," like mine, includes both a trial practice and a transactional practice. Some lawyers already
have special skills that lead them to a particular area of law, e.g., accountants who become tax lawyers, engineers who become
patent attorneys, biologists who become environmental lawyers.
Some law school graduates work for one or two years as a clerk for a judge in state court or federal court. The clerk does researches
for the judge and assists the judge in writing decisions.
Law school qualifies students for jobs you might not think of. One might use that background to be a court administrator, real estate
title searcher, law professor, law librarian, or law office manager. There are a number of administrative positions in government
agencies which don’t require a law degree, but which certainly lend themselves to a law background, for example, environmental regulation
and land use planning positions.
A law degree qualifies students for a number of different career options. The choices are as varied as the interests, skills and
personalities of the people who earn their degree.
WANT TO GO TO LAW SCHOOL?
By Kim K. Steffan, Attorney
Copyright 2003
Q: What advice do you have for high school students interested in becoming lawyers?
A: The usual advice of "study hard" is true, but is too general to be very useful. Law schools evaluate
applicants on LSAT scores, grades, academic reputation of the college attended, college major, and intangibles like interview
results, employment and/or volunteer service, overcoming hardships, and diversity in the student body. Plan to attend a college
that will give you a strong academic education. You do not need a particular major in college. Law schools tend to favor the
"traditional" majors like political science, public policy, history, English, and "pre-law" (which is usually a combination of
those fields). Intangibles like community volunteer work or special skills may set you apart from others with scores and grades
similar to yours. Law schools seek well-rounded people.
Fortunately, North Carolina has 5 law schools - UNC-CH (my law alma mater), Duke, N.C. Central, Wake Forest, and Campbell.
Only N.C. Central has a night school; all others have only full-time day classes. The other schools believe that law school is
demanding enough that it should be students’ full-time occupation. I agree, as trying to work full-time while attending law
school would be very difficult; however, since some students don’t have a choice about working full-time, it is good there is a
night program available.
High school students interested in law may wish to try an internship at a law firm during the summer or part-time during the
school year. These are usually volunteer or low-paying positions whose main benefit is seeing the practice of law first hand.
Practicing law in real life is not nearly so dramatic or glamorous as practicing law on TV. It is easier to find an internship
in larger firms, since they have more people to use interns. Guidance counselors or explorers clubs may help locate a position.
Most lawyers need good skills in making presentations, whether in court or in a corporate boardroom. Seek opportunities to practice
speaking to small groups in class or in the community. The more you speak before others, the more comfortable you become doing it.
Yes, law school is hard work. I observed that students didn’t usually find it overwhelming if they really wanted to be there because
they knew that law was what they wanted to do. It is exciting finally to be studying the thing you’ve wanted to put your time and your
future into. However, students who were there because they couldn’t decide on anything else to do usually detested law school, even if
they stuck it out. For that reason, I highly recommend law school for those who really want to do it, but not for those who might truly
be happier doing something else. In another article, I discuss different careers law school can prepare students for.
PREDATORY LENDING LAW CELEBRATES 5 YEARS
By Kim K. Steffan, Attorney
Copyright 2004
North Carolina’s predatory mortgage lending law is now five years old. We were one of the first states to enact legislation to protect consumers
from abusive mortgage loan practices. Since then, about 30 states have adopted these laws, in part because of North Carolina’s successful experience.
The Center for Responsible Lending estimates that this law saved North Carolina consumers $100 million dollars in its first year, and will save
consumers $1 billion in home equity over the next 5 to 10 years.
The law, which revised N.C. General Statutes Chapter 24, places limits on mortgage lenders, particularly home equity lenders. In 1999 when the
law was enacted, some unscrupulous mortgage lenders were taking advantage of consumers, especially low-income, minority and elderly homeowners
who had equity in their home, but limited incomes. These companies charged high fees, had hidden costs, and got consumers into traps of having
to refinance repeatedly in order not to lose their homes.
This law places 3 important prohibitions on ANY mortgage loan:
- No prepayment penalties are allowed on home loans of $150,000 or less;
- No "flipping," where a lender repeatedly refinances an existing home loan to generate upfront fees, which eat up the home’s equity; and
- No financing of an upfront single premium on credit life or disability insurance, which inflates the amount of the loan, and creates
unnecessary interest charges.
Some borrowers who cannot qualify for a regular mortgage loan must use so-called "subprime" lenders, who make "high cost home loans."
A "high cost home loan" is a loan of $300,000 or less with high fees (above 5% of the loan), a high interest rate (above about 14.5% at present),
or a substantial prepayment penalty. High cost home loans have further restrictions. These lenders:
- May not finance fees as part of the loan, because this increases interest over the life of the loan;
- May not lend without the borrower having consumer counseling;
- May not include a balloon payment, which is a large final payment which requires later refinancing;
- May not use "negative amortization," meaning a payment that only covers part of the interest and no principal so that the loan balance
actually increases over time;
- May not loan funds where the borrower is not likely to be able to repay (e.g., where the payment is more than 50% of gross income);
- May not use call provisions, where the loan is payable on demand;
- May not increase the interest rate after default except for variable rate loans; and
- May not require fees to modify or amend the loan to defer payment.
Penalties for lenders who violate the act are severe. They are liable for usury penalties, which include forfeiture of interest and having
to repay the consumer two times the amount of interest already paid. Alternatively, these lenders face treble damages (three times actual damages)
for unfair and deceptive trade practices.
The best ways to avoid being the victim of illegal predatory lending are to ask questions, read carefully, and know your rights. See if you
qualify for a loan with a regular lender, instead of a subprime lender; you might, even if you do not expect to. Review loan paperwork carefully.
Consult a lawyer to learn your rights and, if necessary, to enforce them. Consider meeting with a credit counselor before making a final decision
on your loan. At the closing, if the deal looks different than what you were promised, do not feel pressured to sign. Do not sign blank loan forms.
By federal law, most refinance loans allow a three-day right to cancel the transaction. Report suspected violations to the N.C. Attorney General or
the Commissioner of Banks.
INSURANCE TRAPS CAN CAUSE LEGAL PROBLEMS
By Kim K. Steffan, Attorney
Copyright 2007
It is easy for consumers to fall into common traps with different types of insurance. Consequences are serious. Once a claim is made, it is too late to fix these problems.
The only way to avoid them is to prevent them.
TRAP #1: A MINOR CHILD NAMED AS A LIFE INSURANCE BENEFICIARY
Common scenario: Husband has a life insurance policy; he names Wife as primary beneficiary, and names his minor child as contingent beneficiary.
Husband and Wife die in a common tragedy. The life insurance company cannot make payment to the minor child.
By law, children under 18 cannot own property, and insurance proceeds are property. If insurance proceeds are left to a minor child, the Clerk of Court appoints a guardian
to manage these funds. The Clerk’s office oversees investment choices and expenditures, and takes a fee every year.
To avoid this problem, route the life insurance proceeds through a trust for the child’s benefit, in one of three ways: (1) if the insurance company has a special beneficiary
designation form setting up a basic trust, you can use this form, but not all companies have these forms; (2) if you have a trust for the child in your will, list as beneficiary
"my estate" (instead of the child’s name) so that the insurance proceeds flow through the trust in your will; or (3) have an attorney prepare a simple life insurance
trust to receive the proceeds for the child’s benefit. Although some people name an adult relative as a beneficiary (thinking they will use the money to look after the child),
that money becomes legally the property of the relative, and can be lost if the relative dies, divorces or has creditors pursuing him.
TRAP #2: OUTDATED LIFE INSURANCE BENEFICIARIES
A different problem arises when life-changing events happen (like marriages, separations, births, deaths) without looking to see if your life insurance beneficiary designation
is up to date. The policy pays to the person (assuming he/she is an adult) listed on the beneficiary designation form. Without updating beneficiaries, proceeds may
"accidentally" go to an ex-spouse, or proceeds may go to some adult children but not all because the younger children were never added.
TRAP #3: NO VEHICLE COVERAGE AFTER SEPARATION
Common scenario: Husband and Wife separate. Before separation, the parties had a vehicle insurance policy just in Wife’s name or listing Wife as the only named insured,
with Husband as an authorized driver. After separation, Husband has a wreck in a car now titled in his name. Husband has no coverage.
Husband needed a policy in his name (or needed to be listed as a named insured on the original policy) promptly after separation. Since he was no longer in Wife’s household,
he could not be an authorized driver on her policy.
TRAP #4: NO HOMEOWNERS’ COVERAGE AFTER SEPARATION
Common scenario: Husband and Wife own a house jointly. They had taken out a homeowners’ policy which happened to be listed only in Husband’s name. They separate.
As part of the property settlement, the house is deeded to Wife, and Husband moves out, but no one thinks to change the insurance. Then there is storm damage.
Wife has no coverage, because she has no policy in her name listing her as the insured. The policy in Husband’s name won’t pay, because Husband can’t insure property he no longer owns.
Be sure that the spouse who ends up owning the house promptly gets a policy in his/her own name or becomes listed as a named insured on a policy.
Consumers can fall into these traps for a number of reasons. Sometimes circumstances change after they get a policy, and the agent has no way to know or advise them.
Some agents are better informed or more pro-active than others. Knowing when to revisit your coverage and when to ask your agent questions helps keep you out of trouble.
KNOW YOUR RIGHTS FOR FUNERAL PLANNING
By Kim K. Steffan, Attorney
Copyright 2008
When a loved one passes away, family members and friends have to make many decisions, often in a short period of time and while shouldering the burden of loss.
Family members who make decisions about funeral arrangements often feel time pressure or sales pressure. Pre-planning your own needs and knowing your rights
can help you make informed decisions.
There is no substitute for pre-need planning for your arrangements. This saves your family from having to guess what kind of funeral details you would want.
Some funeral homes and crematories also allow for pre-payment. Pre-payment can be good by "locking in" lower prices, but be sure that you have written information
about what happens to the money and how you are protected if this funeral service provider goes out of business or if you move away. If you do not formally pre-plan
your funeral with a funeral service provider, at least write down your preferences for your family.
If you find yourself planning a funeral for a loved one who did not pre-plan, it is important to know your rights as a consumer. Believe it or not, the Federal Trade Commission (FTC)
has a "Funeral Rule". The Funeral Rule requires several things to protect consumers, like:
- Funeral directors must give you itemized prices in person and, if you ask, by phone (remember that you may feel less pressured if you get basic information by phone before an in-person visit);
- You have the right to choose the funeral goods and services you want, so that you do not have to buy a "package";
- You must receive a written statement of all charges after you decide what you want and before you pay;
- If the law requires any particular item, this must be disclosed on the price list, along with a citation to the law;
- Funeral directors may not charge a fee for or refuse to handle a casket you bought elsewhere;
- Crematories must offer an inexpensive container that can be used in place of a casket; and
- Embalming (which may not be necessary if burial or cremation takes place shortly after death) cannot be done without permission.
There are some funeral homes who, no doubt, always wanted their customers to have good information and to make a sound decision; for them, the Funeral Rule wasn’t needed.
However, because some funeral homes did try to take financial advantage of their customers’ difficult circumstances, the FTC needed to make one rule that applied to all.
When considering caskets and outer burial containers, ask for a price list before deciding which models to look at. This will prevent being steered toward the more expensive models.
No burial container can keep out the elements forever, so do not rely too much on "gasketed" or "sealer" caskets, or on a vault or liner for that purpose. Some cemeteries require
vaults or liners in order to keep the ground from sinking, so inquire about those rules.
Most of all, don’t confuse the amount of money spent on a loved one’s funeral with the amount of love you have for that person. Think about what your loved one would want if he or
she were choosing the services for themselves. Many frugal, hard-working people might "turn over in their graves" if they knew how much their families had spent on their funeral.
Try to take enough time to make a decision you will find meaningful and satisfying in the long run.
NC LAW HELPS IN NATION’S LARGEST ANIMAL CRUELTY CASE
By Kim K. Steffan, Attorney
Copyright 2008
North Carolina is unique in allowing private parties to bring civil lawsuits to address animal cruelty cases. No other state in the nation has such a law, but other states are likely
to follow, in light of a recent Court of Appeals decision.
All states allow criminal prosecution of animal cruelty and abuse. The problem is that law enforcement can be overwhelmed by what it takes to handle and prosecute those cases.
The NC legislature adopted a law to allow private parties (like animal welfare organizations or concerned citizens) to bring a civil action to stop animal abuse cases, in order to take
some of the burden off of local law enforcement.
That law was put to the test earlier in 2008 in Animal Legal Defense Fund (ALDF) v. Woodley. ALDF filed suit to rescue and obtain medical care for approximately 350 dogs being
"hoarded" by the Woodleys, who live in Sanford. "Hoarders" are people who keep abnormally large numbers of animals in squalid conditions. With 350 animals, the Woodley case is
thought to be the largest cruelty case in the country to date. The trial judge found that the dogs’ living conditions were filthy and cruel. For example, many dogs were forced to live
continually in their own waste. The ammonia from the toxic concentration of urine caused partial or total blindness in many dogs. Some dogs had broken bones that went untreated, but had
painfully healed over time. Most had serious dental problems. The animals had had no veterinary care. As the statute allows, the trial judge awarded ALDF a preliminary injunction to remove
the animals and to obtain medical care and a safe temporary environment for them. At a later hearing, the judge gave ALDF a permanent injunction, giving them ownership of the animals and
allowing them to place the animals for adoption as soon as each animal was well enough. The owners appealed, but the Court of Appeals ruled that the trial judge’s decision was correct.
The statute also allows the judge to forbid the owners from acquiring new animals for a specified period of time. A judge can also enter orders limiting the number of animals these owners can have.
The Woodleys were also convicted of criminal animal cruelty charges. They were sentenced to 5 years’ probation and a 45-day suspended jail sentence. However, the criminal charges did not
address the plight of the animals. That is why this civil lawsuit was so important.
The Woodley case is also important because it made people aware of the problem of hoarding. Nationwide, according to the ALDF, hoarding cases have doubled since 2000 and affect
more than 250,000 animals. ALDF says that it’s not that North Carolina has more cases of hoarding - they are in all states - but North Carolina is unique in having this tool to help rescue
victims of hoarding.
Most experts agree that the Woodley case shows this statute works exactly the way the legislature intended. Legislatures from other states were watching the case, and are likely
to enact similar laws in their states. Both North Carolina lawyers and lawyers from other states donated their time to help the animals by filing the Woodley lawsuit and handling
the case before the Court of Appeals. Some of the lawyers were even directly involved in the rescue operation and the safe placement of the animals.
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