Gardberg & Kemmerly, P.C. Attorneys at Law

February 2019 Archives

Valentine's Day Treats for Home of Grace

During the month of February, Gardberg and Kemmerly, P.C. employees collected candy for the women of Home of Grace for Valentine's Day. Home of Grace is a Christ centered alcohol and drug recovery program located in Eight Mile, Alabama. Home of Grace provides a comprehensive alcohol and drug recovery program for females ages 18 and up. The program is a 12-week residential program that combines the principles of Alcoholics Anonymous with the teachings of Jesus Christ.

Earned Income Credit Returns and Disability

I rewrite this article every year because it continues to affect clients and the consequences are HUGE! We see cases month after month where Claimants lose all benefits or a large portion of disability because they filed a tax return fraudulently. Many times these returns are filed without the filer having knowledge of how it will affect a claim for disability.

VA Disability for burn pit exposure

Although they are not readily awarded and difficult to obtain, veterans' disability benefits are available for burn pit exposure. However, there must be concrete evidence to show that the issues a veteran is experiencing are the direct result of the exposure to a burn pit that contained toxic substances.

3M Military Combat Arms Earplug Lawsuit

The Minnesota-based 3M Company, a defense contractor, sold its dual-ended Combat Arms Earplugs, Version 2, to the military without disclosing defects that decreased the effectiveness of the hearing protection. 3M violated the False Claims Act by selling or causing to be sold defective 3M ear plugs to the U.S. military. 3M decided to settle in order to avoid a lengthy legal battle. These defective earplugs were standard-issue for U.S. military members from 2003 to 2015. The defective ear plugs may have caused significant hearing loss or tinnitus in military Veterans.

Common terms heard in Social Security Disability hearings

Social Security Disability adjudication hearings contain a great deal of legal jargon that most claimants do not understand. This is why it is never recommended for a claimant to appear before an administrative law judge without legal representation.

Medicare Advantage Open Enrollment

From January 1, 2019 through March 31, 2019, Medicare Advantage enrollees can switch from one Medicare Advantage plan to another. Since 2010, those who wished to enroll in a Medicare Advantage plan had to do so between October 15 through December 7th during the Annual Election Period. However, beginning in 2019, there is a new Medicare Advantage Open Enrollment Period (OEP).  While the Medicare Advantage OEP from January 1, 2019 through March 31, 2019 is more limited than the Fall Open Enrollment period, recipients of Medicare can still sign up for a Medicare Advantage plan, change from one Medicare Advantage plans to a different Medicare Advantage plan, drop an existing Medicare Advantage plan and return to Original Medicare Part A and B, or sign up for a stand-alone Medicare Part D Prescription Drug Plan if you had returned to Original Medicare.

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