Gardberg & Kemmerly, P.C. Attorneys at LawGardberg & Kemmerly, P.C. Attorneys at Law2024-03-14T13:19:01Zhttps://www.gardberglaw.com/feed/atom/WordPress/wp-content/uploads/sites/1503660/2023/09/cropped-fl-site-icon-32x32.pngby Jennifer Byrdhttps://www.gardberglaw.com/?p=528562024-03-14T13:19:01Z2024-03-14T13:19:01Z[1]
PFAs can be found in many household products, but it is a key ingredient in military firefighting foams and is used as an alternative to water to extinguish flames on military bases and ships. Many Veterans have claimed that exposure to PFAs, and especially AFFF (Aqueous Film Forming Foam), have caused numerous health conditions, from liver damage, immune system dysfunction and cancer.
Gardberg and Kemmerly is open for calls and online assistance and will continue to help our Veterans in any way possible, including staying up to date on any information that is helpful to our Veterans who are suffering from health problems due to exposure. If you have a claim for disability and need assistance, please call our office and speak with one of our qualified Veterans’ Disability attorneys. Gardberg and Kemmerly is committed to helping injured and disabled Veterans obtain the benefits they deserve. If you need help with a disability claim, call the office at 251-343-1111 or 1-800-332-1529 for a free consultation. Gardberg and Kemmerly is proud to serve Veterans across the country from our home office in Mobile, Alabama.
[1] https://www.stripes.com/theaters/us/2024-01-14/military-firefighters-cancer-pfas-foam-chemicals-12669163.html?utm_source=sailthru&utm_medium=email&utm_campaign=mil-ebb&SToverlay=342f5a58-c37b-4142-b049-1f737335b507]]>by Noell Espaillathttps://www.gardberglaw.com/?p=528552024-03-07T20:58:13Z2024-03-07T20:58:13Z[1].” This comes as a result of the regulatory updates to the Sickle Cell listings that occurred in 2015. The requirements for children to meet the Listing 107.05 under Hemolytic anemias, including sickle cell disease, thalassemia, and their variants are as follows:
Must have a documented painful (vaso-occlusive) crises requiring parenteral (intravenous or intramuscular) narcotic medication, occurring at least six times within a 12-month period with at least 30 days between crises. OR
Complications of hemolytic anemia requiring at least three hospitalizations within a 12-month period and occurring at least 30 days apart. Each hospitalization must last at least 48 hours, which can include hours in a hospital emergency department or comprehensive sickle cell disease center immediately before the hospitalization (see 107.00C2). OR
Hemoglobin measurements of 7.0 grams per deciliter (g/dL) or less, occurring at least three times within a 12-month period with at least 30 days between measurements. OR
Beta thalassemia major requiring life-long RBC transfusions at least once every 6 weeks to maintain life (see 107.00C4).
These requirements put a lot of undue burden on families for medical care when you are basically telling doctors and parents to take the child to the hospital for any anemic issue or crisis. Many times these issues are handled in the practitioners office, or do not require 48 hour hospitalizations. As one of the few law firms that handle Children’s disability claims, many parents I speak to actually try to avoid having to take their child to the hospital as much as possible. Going back to Mr. Erickson’s article for CBS, this feeling is also echoed by the physicians who note the standards that Social Security has in place are out of date and probably 15-20 years behind the medical standard.
Not only are these regulations putting children in danger and at risk because they lack the financial funds in their household for care, but they are putting an undue burden on the medical community. If a child is filing for disability, this is under the Supplemental Security Income (SSI) program and most likely means the funds coming into the household are below welfare standards. Denying these children benefits, hurts the African American community, their futures, and keeps them from having Medicaid resources and funds to seek treatment and get the quality of care they need. Legislation is needed to correct these rulings and requirements. Hopefully, we will see changes to some of these outdated medical requirements with the new Social Security Commissioner, Martin O’Malley.
We here at Gardberg and Kemmerly specialize in disability claims and can help you or your child with an application for disability. If you have a claim for disability and need assistance, please call our office at 251-343-1111 for a free consultation on your VA and/or SSA claim. Gardberg & Kemmerly specializes in helping the injured and disabled in Alabama, Mississippi, Florida, and Louisiana.
[1]Thousands of Black children with sickle cell disease struggle to access disability payments - CBS News]]>by Ann Rousehttps://www.gardberglaw.com/?p=528542024-03-01T16:19:31Z2024-03-01T16:19:31Z
Medical Improvement Expected: Social Security will review a case 6 to 18 months after benefits start
Medical Improvement Possible: Social Security will review a case every 3 years
Medical Improvement Not Expected: Social Security will review a case every 5 to 7 years.
The Notice of Award that is received after being found eligible for benefits will normally have a paragraph called “Things to Remember for the Future.” This paragraph will say how often Social Security will perform a review. When it is time for Social Security to review a claim for benefits, they will ask for updated information about your condition including what doctors and treatment you have been receiving. If the claim is for SSI, Social Security will also review a person’s income, resources, and living arrangements to determine if the person continues to meet those requirements.
If Social Security determines that a person’s condition has improved, they can stop his or her disability benefits. However, if the condition has remained the same or gotten worse, benefits will continue. If a person’s benefits are stopped after a CDR, that decision can be appealed and a person can ask for benefits to continue while the appeal is pending.
For more information on Social Security disability, contact an experienced Social Security disability attorney at Gardberg & Kemmerly, P.C. at (251) 343-1111. Gardberg & Kemmerly, P.C. represents Social Security disability claimants in Alabama, Mississippi, Florida, and Louisiana at all levels of the disability process from initial application to appeals to Federal Court.]]>by Jennifer Byrdhttps://www.gardberglaw.com/?p=528532024-02-29T15:38:17Z2024-02-29T15:38:17ZPACT Act, there has been a large increase in people and companies who are trying to defraud Veterans of their personal information and money.
The Navy and DOJ say the most common methods being used are fraudulent emails and telephone calls. Further, the upswing in deception seems to be getting worse the closer it gets to the filing deadline for Camp Lejeune Justice Act (CLJA) cases. The deadline to file is August 10, 2024.
In the meantime, here are some tips that the Navy has sent out:
The Justice Department and the Navy will never request money or payment from a filer
If represented by an attorney, direct all inquiries to them for verification
Authorized emails from the Navy will be sent from CLClaims@us.navy.mil. A filer can forward any email message to that address to verify authenticity
If a filer receives a phone call claiming to be from the CLCU or offering assistance with a claim, ask for the person’s name and position, then call the CLCU at (757) 241-6020 to verify
If represented by an attorney, the Justice Department and Navy will not contact a filer directly and will only contact them through the filer’s attorney.
Gardberg and Kemmerly is open for calls and online assistance and will continue to help our Veterans in any way possible, including staying up to date on CLJA information. If you have a claim for disability and need assistance, please call our office and speak with one of our qualified Veterans’ Disability attorneys. Gardberg and Kemmerly is committed to helping injured and disabled Veterans obtain the benefits they deserve. If you need help with a disability claim, call the office at 251-343-1111 or 1-800-332-1529 for a free consultation. Gardberg and Kemmerly is proud to serve Veterans across the country from our home office in Mobile, Alabama.]]>by Ryan Seanorhttps://www.gardberglaw.com/?p=528522024-02-22T15:04:29Z2024-02-22T15:04:29Z[1]
There are alarming accounts of veterans experiencing various cancers and other serious health conditions which raises questions about the potential connection to toxic exposures during their service at K-2. The Department of Defense recently conducted an initial study which found a higher risk of malignant melanoma and neoplasms of the lymphatic and hematopoietic tissues.
Veterans who served at K-2 have also reported respiratory problems linked to exposure to airborne contaminants. Dust, pollutants, and hazardous materials are believed to have contributed to respiratory illnesses.
The story of toxic exposure at K-2 Air Base unveils a complex narrative of health challenges, government investigations, and the quest for justice. As the truth continues to unfold, it is imperative to support affected veterans, advocate for transparency, and work towards a system that prioritizes the well-being of those who served in the shadows of environmental hazards.
Veterans facing these challenges should seek guidance from qualified Veterans’ Disability attorneys to help navigate the complexities of the VA system and ensure they receive the benefits they deserve. If you have a claim for disability and need assistance, please call our office and speak with one of our Veterans’ Disability attorneys. Gardberg and Kemmerly is committed to helping injured and disabled Veterans obtain the benefits they deserve. If you need help with a disability claim, call the office at 251-343-1111 or 1-800-332-1529 for a free consultation. Gardberg and Kemmerly is proud to serve Veterans across the country from our home office in Mobile, Alabama.
[1] https://www.publichealth.va.gov/exposures/karshi-khanabad.asp]]>On Behalf of Gardberg & Kemmerly, P.C. Attorneys at Lawhttps://www.gardberglaw.com/?p=528512024-02-19T01:21:18Z2024-02-19T01:21:18ZEligibility criteria
Before diving into the application process, confirming that you meet the eligibility criteria the Social Security Administration (SSA) set forth is important. Generally, to qualify for SSDI benefits, you must:
Have an illness that compromises your ability to engage in substantial gainful activity
Have an illness that’s estimated to last for at least one year or result in death
Have faithfully been paying into the Social Security system through payroll taxes
Meet the SSA’s definition of disability
To support your claim, gather relevant medical documentation, including:
Medical records detailing your diagnosis, treatment and prognosis
Statements from healthcare providers outlining the severity of your condition and its impact on your ability to work
Laboratory and test results confirming your diagnosis and illustrating the extent of your impairment
Confirming that you have comprehensive documentation can strengthen your case and expedite the review process.
The application process
Once you’ve determined your eligibility and gathered the necessary documentation, you can begin the application process. You can apply for SSDI benefits online, by phone or in person at your local Social Security office.
The SSDI application process can be lengthy, with initial reviews taking several months or more. It’s essential to exercise patience and stay informed about the status of your claim. You may be required to attend medical evaluations or provide additional documentation during the review process.
The appeals process
If your initial SSDI claim is denied, don’t lose hope. You can appeal the decision through the SSA’s reconsideration process. During this stage, a different examiner will review your claim, and you may have the opportunity to submit additional evidence to support your case.
If your claim is denied upon reconsideration, you can request an administrative hearing before an administrative law judge. This hearing provides an opportunity to present your case in person or alongside a legal team.
Applying for Social Security Disability Insurance is a complex process that requires careful attention to detail and perseverance. By understanding the basics and seeking support from an experienced legal team, you can maximize your chances of a filing a successful claim.]]>by Lewis Carterhttps://www.gardberglaw.com/?p=528502024-02-08T14:13:02Z2024-02-08T14:13:02Zby Jennifer Byrdhttps://www.gardberglaw.com/?p=528492024-02-02T17:59:00Z2024-02-02T17:59:00ZVA Undersecretary for Benefits Joshua Jacobs said through the first three months of fiscal 2024, his staffers are 34% ahead of last year’s pace.
However, the quality of those “completed claims” have been called into question. There are numerous decisions, called duty to assist decisions that simply state that the VA failed to properly process the claim and will move forward with processing. Therefore, no actual decision that has been made.
Further, despite the claims of success from the VA, the back log of cases for first-time benefits claims in the system (cases that have taken more than four months to complete) has now risen to over 400,000 claims, the highest backlog numbers since June 2014. The VA stated that they expect “the backlog to stabilize in coming months and fall back down to pre-pandemic levels in 2025.” Further, officials are expected to release specific projection targets in coming weeks. Only time will tell if the VA will move toward not only significantly lowering the backlog of cases, but ensuring that the completed decisions are adequately processed.
Gardberg and Kemmerly is open for calls and online assistance and will continue to help our Veterans in any way possible, including staying up to date on any information that is helpful to our Veterans in dealing with VA claims. If you have a claim for disability and need assistance, please call our office and speak with one of our qualified Veterans’ Disability attorneys. Gardberg and Kemmerly is committed to helping injured and disabled Veterans obtain the benefits they deserve. If you need help with a disability claim, call the office at 251-343-1111 or 1-800-332-1529 for a free consultation. Gardberg and Kemmerly is proud to serve Veterans across the country from our home office in Mobile, Alabama.]]>by Ryan Seanorhttps://www.gardberglaw.com/?p=528482024-02-01T14:10:17Z2024-02-01T14:10:17Z
Respiratory Disorders: Inhalation of jet fuel fumes can lead to respiratory issues such as chronic bronchitis, asthma, or other lung conditions.
Skin Disorders: Contact with jet fuels may cause skin irritation, dermatitis, or more severe conditions.
Neurological Problems: Certain chemicals in jet fuels are associated with neurological disorders, including neuropathy and cognitive impairments.
Securing VA service connection for conditions related to jet fuel exposure requires a thorough understanding of the process and the ability to provide compelling evidence. Veterans facing these challenges should seek guidance from qualified Veterans’ Disability attorneys to help navigate the complexities of the VA system and ensure they receive the benefits they deserve. If you have a claim for disability and need assistance, please call our office and speak with one of our Veterans’ Disability attorneys. Gardberg and Kemmerly is committed to helping injured and disabled Veterans obtain the benefits they deserve. If you need help with a disability claim, call the office at 251-343-1111 or 1-800-332-1529 for a free consultation. Gardberg and Kemmerly is proud to serve Veterans across the country from our home office in Mobile, Alabama.]]>On Behalf of Gardberg & Kemmerly, P.C. Attorneys at Lawhttps://www.gardberglaw.com/?p=528472024-01-26T12:39:39Z2024-01-26T12:39:39Zfatigued driving is, its causes and its risks is crucial for everyone who gets behind the wheel.
Causes of fatigued driving
Several factors contribute to fatigued driving. Lack of adequate sleep is the most obvious cause, but irregular sleep patterns and chronic sleep disorders, like sleep apnea, also play a significant role. Long working hours, especially for commercial drivers, and the monotony of driving long distances without breaks can contribute to fatigue. Lifestyle factors, including the use of medications that induce drowsiness, excessive alcohol consumption and poor dietary habits, can exacerbate the problem.
Microsleeps and their dangers
Microsleeps are brief, involuntary episodes of sleep that can last from a fraction of a second to up to 30 seconds. They often occur during monotonous activities like driving and are a significant indicator of severe fatigue. During a microsleep, a driver may experience a sudden lapse in attention, often without realizing it. These lapses can be incredibly dangerous, as even a few seconds of inattention at high speeds can lead to an accident.
Ineffectiveness of temporary measures
Many drivers resort to temporary measures like drinking coffee, opening windows, or turning on the radio to combat fatigue. However, these methods are largely ineffective in significantly reducing drowsiness or improving driving performance. They may provide a momentary sense of alertness but don’t address the underlying issue of sleep deprivation or fatigue.
Even the safest drivers can become victims of fatigued driving crashes if other drivers aren’t operating their vehicles safely. The medical costs and other financial damages inspired by a crash can be considerable, so these victims may benefit from pursuing a compensation claim. This should be done swiftly because of legal time limits set by Alabama law. Seeking legal guidance is a good way to get started.]]>