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Rossville Georgia Legal Blog

What is aggravated assault?

Assault charges in Georgia are not all the same. Aggravated assault is a more serious crime than simple assault. The latter may be no more than a misdemeanor, while the former often qualifies as a felony. 

According to FindLaw, there are a number of different factors that raise an assault to the aggravated level by increasing the severity of the crime. Some of these factors pertain to the victim: specifically, the seriousness of any injuries received, as well as the victim's status. Certain classes of the citizenry have a special status, and you are more likely to face an aggravated assault charge if, for example, authorities believe that you committed an assault against a civil servant, such as a firefighter or a police officer.

What are the different types of bankruptcy?

When you consider filing bankruptcy in Georgia, you may think there is only one type of bankruptcy. Often you just hear people saying they are going to file bankruptcy, using it as a general term. Actually, there are multiple types of bankruptcy. They are called chapters and are numbered. For example, you may file chapter 7 bankruptcy. The chapter you file depends on your situation.

According to the U.S. Courts, the different chapters of bankruptcy are for different types of filers. You choose the type of bankruptcy for your situation. It is important to choose the right type as the court will dismiss your case if you file for the wrong chapter. For example, you would file chapter 15 if you need to file with someone who is in another country because this is the chapter for parties located in more than one country. Public organizations, such as schools, taxing districts and towns, file Chapter 9.

Why might you lose workers' compensation benefits in GA?

If you sustain an injury on the job in Georgia, you have the right to collect workers' compensation benefits from your employer. Per Georgia law, these benefits should cover the cost of medical expenses, lost wages, rehabilitative services and select other expenses. According to FindLaw, the most important aspect of the state's current workers' comp laws is that they state workers may receive benefits regardless of who was at fault for the accident that caused the injury. However, Georgia's no-fault workers' compensation system does not mean you cannot lose your rights to compensation.

According to FindLaw, there are a few ways you might lose your rights to workers' compensation. For instance, if you engaged in willful misconduct, and if said misconduct is the reason for your accident, you may lose your rights to workers' comp benefits. If your injury is of the self-inflicted variety, the workers' comp insurer may rightfully deny your benefits.

Depression as a qualifying illness for SSD

According to the Disability Care Center, more than three million people receive a depression diagnosis each year, making it one the most commonly diagnosed disorders in Georgia and the United States. Depression takes many forms, including manic depression, dysthymia and major depressive disorder, all of which have both mental and physical symptoms. Mental symptoms may include gloominess, hopelessness and disinterest. Physical symptoms may include difficulty concentrating, decreased energy levels, loss of appetite and insomnia. Both physical and mental symptoms can make it difficult for an individual to do his or her job, which is why the Social Security Administration may extend benefits in more extreme cases.

Most people struggle with depression at some point in their lives due to unfortunate life events such as the loss of a loved one or separation. These instances of depression are situational and often short-lived. However, when a person experiences episodes of depression characterized by severe daily symptoms that persist for two weeks or longer, he or she may have major clinical depression. Those with major clinical depression may qualify for social security disability benefits.

Which benefits from the SSA are right for you?

Your family depends on you to support them, and you need income to pay for necessary things, including everything from daily requirements to medical bills. Finding yourself unable to work because of a medical condition is not only discouraging and frustrating – it is a threat to your financial stability and future well-being. In this situation, you may be eligible for benefits through the Social Security Administration.

The SSA offers two different types of benefits for individuals who are unable to support themselves through gainful employment. You may be eligible for these benefits if you are currently unable to work because of a physical injury, medical condition or mental illness. It may be worthwhile for you to explore your options and determine the right option for you.

The connection between an expunged conviction and empowerment

When people are convicted of crime in Georgia, they have the right to a fair trial. In every trial, the fate of alleged criminals if left in the hands of citizens who have an objective point of view to the case. While many are satisfied with the imprisonment of people who have broken the law, a handful of people argue that unnecessary focus on a person's convicted crimes can prevent them from living a quality life upon their release from behind bars. 

Expunging a criminal record essentially means that a convicted criminal will no longer have his or her crimes shown on public record. Acquiring approval for an expunged record requires people to undergo a rigorous process designed to look carefully at the crime that was committed and whether or not the offense justifies the public's awareness of a criminal's past. A recent study completed in Michigan had the goal of proving that expunging criminal records may empower individuals to be even more successful. 

What to know about substantial gainful activity

The great benefit of Social Security Disability Insurance (SSDI) is that it helps disabled Georgia residents who cannot earn a substantial income due to their disability. However, some people who are disabled may still earn some working income, but the Social Security Administration (SSA) is careful about not letting your income level go too high if you are on disability. This is why you should know about what the SSA calls substantial gainful activity (SGA).

According to the Motley Fool, your SGA is the amount you make from your working income that the SSA deems too excessive for you to receive benefits. If your SGA is too high, the Social Security Administration will judge you to not be too disabled to receive a steady paycheck. Keep in mind that SGA is determined by your work income and not from earnings from different sources.

Brain damage resulting from slip and falls

Georgian residents expect to be kept safe to a reasonable degree when out and about. Unfortunately, that isn't always the case. There are some instances where a poorly maintained location will have terrain that lends itself to slip-and-fall incidents. These incidents in turn can lead to brain damage, which can alter a person's quality of life.

FindLaw first takes a look at different types of brain injuries that can occur due to a slip-and-fall. These are generally impact or penetration injuries. Concussions and contusions are both the result of impacts, which can happen if a person slips or trips and ends up hitting their head against the pavement. With both of these injuries, swelling and bleeding in the brain can occur. In the case of contusions, blood clots that may need to be removed surgically can form. Penetration injuries are rarer and may happen if someone slips and lands on an object that breaks through the skull and into the brain.

What is the workers' compensation rate for lost wages?

One of the benefits of being an employee in Georgia is that your employer most likely must carry workers' compensation insurance under the law. Worker's compensation provides you with benefits if you are injured while at work. This insurance takes the burden off you and your employer. While pretty much every workers' compensation claim results in the payment of related medical expenses, you may also find you can get compensation for lost wages.

The State Board of Workers' Compensation explains that if you are off work for more than seven days, you can usually get a payment for your lost wages. You do not get paid for those first seven days off unless you are off work for 21 days. At that point, you would then get the back pay for those seven days.

Why was my disability claim denied?

Most likely, you thought Social Security Disability Insurance benefits would bring you some relief. If you are suffering from a medical condition or injury that prevents you from working, SSDI can provide you with funds to assist you with your bills and lost wages. However, you have to qualify, and then you must apply.

The problem is that only about one third of all first attempts to obtain benefits are successful. The Social Security Administration rejects the rest of the claims after a rigid evaluation. Many of these denied claimants have better luck on appeal, but it may help you to understand some of the reasons why the SSA denies claims in the first place.