Archive for November, 2011
Policing the Interstate highways from unsafe common carriers should be one of the priorities of the national law enforcement agencies. When a bus company has a pattern of unsafe practices and a history of accidents, the Federal Government should protect the public and shut the transportation motor carrier down until the safety violations are corrected. In yesterday’s post the recent SkyExpress bus crash in Virginia was noted, especially as reckless driving and driver fatigue were factors in the fatal bus accident. The Transportation Department’s Federal Motor Carrier Safety Administration investigated the company, finding that SkyExpress has been involved in several accidents and was cited for (more…)
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A discount bus line was shut down for safety violations after a fatal Virginia crash. SkyExpress, a discount bus service, was shut down by federal regulators after a crash in Virginia that killed four people and sent more than 50 others to hospitals. As the DC area is a hub for many cut-rate bus services, news reports of the crash and the subsequent safety violation record of the transportation company gave cause to reconsider travel on this recently popular transit services. Bus injury lawyer Doug Landau has seen passengers being loaded onto these common carriers at cheap express bus stops in Arlington Virginia, Bethesda Maryland and Washington, D.C. due to the DC Metro area’s proximity to Interstate 95.
A SkyExpress bus headed to New York City swerved off northbound Interstate 95 last month, hit an embankment and overturned about 30 miles north of Richmond, near Bowling Green. According to the Washington Post, SkyExpress offers $30 bus trips between (more…)
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 Some insurance companies will deny, delay and defraud innocent victims through "frivolous defenses" in order to avoid their "Day in Court" such as here at the Arlington Virginia Circuit Court house
With all the advertising the insurance companies do complaining about “Lawsuit Abuse” and “Frivolous Lawsuits,” it is shocking to see how often insurance defense lawyers use frivolous defenses to waste the time and resources of the injured victims, the courts and the taxpayers who end up paying for these corporations strategy of “deny, delay and defraud.”
After a car crash, when recovering from your injuries, the last thing you need if for the negligent defendant’s insurance company to deny all or part of your claim and then for their lawyers to file frivolous defenses to your lawsuit. When insurance companies and large corporations raise frivolous defenses to delay or deny the meritorious claims of injured victims, it is doubly harmful. It slows down the judicial process and it denies reimbursement for someone who has been harmed by unsafe practices. It takes time, effort and money to file a lawsuit in the Commonwealth of Virginia. It is not (more…)
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 Herndon Virginia car crash lawyer Doug Landau recommends that you consult a lawyer BEFORE giving insurance adjusters, investigators or other non-law enforcement personnel any taped or written statements
The warning, “Anything you say, can be used against you in court…” seems forgotten by most people who call the Landau Law Shop after a car or bicycle crash. While assisting the police in their law enforcement duties is laudable, helping an insurance company gather statements that they can use to deny your claim seems counterproductive. In the days and weeks following an injury-producing car accident, you will likely be in frequent communication with your insurance company (more…)
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“Not fancy, just friendly,” is the saying at the Landau Law Shop. We recognize that it is important to put people at ease. To answer their questions. If we cannot answer their tough questions, then we go to the places where we can get answers.
 Herndon workers comp and injury case lawyer Doug Landau at the Bills Barbecue Richmond before meeting a client around the corner from the Virginia Workers Compensation Commission ("VWCC") headquarters
Doug Landau is not afraid to go to court. The Herndon injury lawyer had hoped to visit the Virginia Workers Compensation Commission (“VWCC”) last week in order to look at the official file with a widow who was looking for answers. Since the VWCC was closed, Doug Landau met with a client at the Bill’s Barbecue Restaurant around the corner from the Comp Commission’s DMV Drive Headquarters. Landau has (more…)
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 Herndon lawyer Doug Landau during a Fredericksburg Virginia "pit stop" at a Route 3 Starbucks for a worker who was struck by a "distracted driver" in Fairfax County VA
The “Advanced Workers Compensation” meeting in Richmond was the reason for Virginia workers comp lawyer Doug Landau’s trip South on Friday, but in order to make his injured clients’ lives a little easier, he arranges to meet with them closer to home when possible. Many clients find any kind of travel physically difficult because of their disability. Because lawyer Landau travels up and down I-95, he is able to accommodate the needs of injured workers, their families and friends. While his first choice is to meet at the “Landau Law Shop,” because it has all of the equipment, staff and technology the Herndon injury lawyer relies upon to successfully assist those who call upon ABRAMS LANDAU for help, he routinely meets clients at court, other law offices and even coffee shops, restaurants and sports venues !
In addition to meeting several injured workers on the way to the Virginia Capitol to participate with the best workers comp lawyers in the state, Landau also registered for the annual Richmond Marathon Weekend 8km. (5 mile) road race. If you or someone you know or care for has been injured as the result of a car, truck, bicycle or motorcycle crash and there are questions about what laws apply, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once. We can meet with you in our accessible buildings here in Herndon, or closer to you if you cannot travel.
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Yesterday we discussed “amending the onset date” in a Social Security disability case. Today we will examine last week’s case where our client had been denied benefits several times, first in Georgia and then in District of Columbia. While this middle aged woman had several serious medical conditions, she had been denied Federal disability benefits and was unable to afford continuing medical care as she was no longer employed. For over 12 years she had been a substitute teacher. But because she could work when she felt well enough to do so, and often only worked for a few hours when she did show up, we argued that she did not engage in “substantial gainful employment.” Our client was paid for full days even when she only worked an hour or two.
Federal law does not allow for Social Security Disability benefits if the claimant makes too much money from work. After many years of school service, our client was paid based upon her years of service, so her earnings exceeded the Federal earnings limit. The Social Security team at ABRAMS LANDAU put together legal research on earnings and “Unsuccessful work attempts.” Our Herndon office also filed a brief with the judge asking that the “date of onset” be amended to take out the quarters that the claimant earned too much. When we arrived in Washington, D.C., the questioning was difficult, and the claimant and her family were afraid of another “unfavorable” opinion. But with the agreement to amend the onset date, and the proof of the minimal requirements of her part time job, we were able to get favorable Social Security disability decision, with no delays, appeals or uncertainty.
If you or someone you know or care for is disabled from work, contact an experienced Social Security Disability lawyer to help you and your family and answer your questions about what laws apply. Because there are strict time deadlines in Federal disability cases, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.
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Just as in dating, sometimes the date you start with is not the one you end up with !
 Herndon Social Security lawyer Doug Landau (shown in front of the Washington DC hearing Office) & his clients will "amend the onset date" of their disability in order to secure a favorable decision from an ALJ (Administrative Law Judge)
Unrepresented Social Security Disability claimants often pick a “date of onset” for their disability on their original applications that lead to denial after denial by the Federal Government. While a disabled workers may have stopped working on a particular day due to an on the job injury or occupational disease, that date may not be supported by the objective medical evidence. Just because a wage earner stops working on “date X,” does not mean that the Social Security Administration will find that they should receive Disability Income benefits from that date. The rules for getting Federal Disability benefits are quite strict.
At the Herndon law firm ABRAMS LANDAU, we see Fairfax, Loudoun and Prince William families who have been denied Social Security despite what appear to be debilitating injuries. Sometimes the medical conditions that disable our clients from working become totaling disabling months and even years after they stop working. In these cases, when we get the case before an Administrative Law Judge (“ALJ”), our investigation (more…)
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To help injured employees and their families, experienced Virginia workers comp lawyers meet regularly to discuss recent cases, compare trial strategy and learn the latest advances in medical care for those disabled after on the job accidents. Meetings with Virginia Workers Compensation Commission judges and lawyers from all over the Commonwealth further the exchange of ideas and suggestions for improving conditions for injured claimants. (more…)
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 Herndon Virginia workers comp lawyer Doug Landau shares consumer group concern over the proposed Medco and Express Scripts merger, as the new giant pharmacy benefits manager could restrict the access to new drugs and give even more control to Virginia workers compensation insurance companies over injured workers and their families
If a proposed merger between Medco Health Solutions, Inc. and Express Scripts takes place, consumer groups fear that patients’ choices would be restricted and costs of medicine would be increased. The proposed merger of two of the three largest pharmacy-benefit managers (“PBMs”) is the subject of a U.S. House antitrust subcommittee hearing. The hearing will examine the merger’s likely effect on PBM competition and health-care costs. Five consumer-advocacy groups sent a joint letter to the U.S. Federal Trade Commission. The consumer groups are: Consumers Union—the publisher of Consumer Reports—as well as Consumer Federation of America, National Consumers League, U.S. Public Interest Research Groups and the National Legislative Association on Prescription Drug Prices.
The groups want the government to examine the merger’s likely effect on PBM competition and health-care costs according to the Wall Street Journal. A combined Express Scripts-Medco would “substantially” reduce competition, giving the merged company an “incredible dominance” of the fast-growing specialty pharmacy market, according to the letter. A merger could also (more…)
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