BH&F Blog

The Federal Government provides assistance to qualified people with disabilities so long as the disabled person has worked long enough and paid into the social security program. It also has an SSI program available that offers assistance to children and other disabled people with a financial need. It is important to know your rights and which of these benefits or combination of benefits you are entitled to receive.

To make a decision about your claim the Social Security Administration will need copies of all medical records relating to your case. They will gather some records for you and may send you to a doctor of their choosing if they feel they do not have enough information to make a decision. An attorney can help you and the Social Security Administration with this task. The opinion of your doctor can be your greatest asset when filing a social security disability claim.

You may be able to expedite your case by making the Social Security Administration aware of any dire financial circumstances you may face including one or more of the following:

• Foreclosure and eviction notices
• Disconnection notices of basic utilities (gas, water, and electricity)
• Necessities including lack of food or transportation to your doctor

An experienced attorney can assist you in preparing and presenting your case to an Administrative Law Judge including evidence of your disability impairment and financial hardship. Do not be discouraged if you, acting alone, have been denied benefits.

Please contact Burke, Harvey & Frankowski, LLC to help you with your claim. We have the experience in social security disability claim and will work with you to obtain the benefits to which you are entitled.

Burke, Harvey & Frankowski, LLC serves clients in Alabama, Georgia, Mississippi, Tennessee, and northern Florida. You are not charged a fee unless we are successful in helping you win your case.

Jennifer Levitz of the WSJ reports that Fidelity Investments is being sued over losses in the Fidelity Ultra-Short bond fund, which invested in risky mortgage-backed securities. A purported class-action lawsuit filed in U.S. District Court in Boston alleges that the Boston mutual-fund giant was "misleading" in promoting the fund as a safe alternative to cash and that the company didn't adequately disclose risks.

Fidelity Spokesman Vincent Lopporchio said the "lawsuit is without merit" and that the company intends to "defend the case vigorously." Fidelity's Ultra-Short bond fund is one of several fixed-income funds that have come under fire and seen investor defections in recent months after losing money in securities tied to subprime mortgages, which are home loans given to borrowers with shaky credit. In the spring, investors sued Charles Schwab Corp. for deep losses in its Schwab YieldPlus fund.

To read full story, click here.

David Hoffman of Investment News reports that financial advisers are looking to punish The Charles Schwab Corp. for leaving them in the lurch after its bond funds suffered when investments in mortgage-backed securities went sour. Advisers are furious that the San Francisco-based company is, according to several industry sources, making settlement offers to the least sophisticated investors who lost money in its YieldPlus Fund, bypassing many of their clients.

To read full story, click here.

It seems that we read and hear with increasing frequency accounts of children who are neglected, abused and sometimes even killed by parents or others who are responsible for their care and safety. It is unfortunate that stories about the abuse and neglect of our nation's elderly do not receive similar coverage. Many elderly adults and senior citizens are just as vulnerable as children and just as dependent upon others for their care, assistance and safety.

The abuse and neglect of the elderly takes on many forms ranging from actual physical, sexual and emotional abuse to neglect of basic needs such as nourishment to financial exploitation by unscrupulous individuals trying to steal from or take advantage of a vulnerable person. Sadly, in many cases the offenders are people that the senior citizen knows such as a family member, financial advisor or care givers including those in our nation's nursing homes and assisted living facilities.

Currently, there are thousands of elderly and other individuals that reside in nursing homes and assisted living facilities in every state in the country. While many of these folks receive good care and treatment, many of them do not. If you or your loved one resides in a nursing home or is in any environment where they are dependent upon others to help meet their needs and take care of them it is especially important to make certain that they are receiving the best care and assistance possible.

If you notice any of the following signs of abuse or neglect, immediate action should be taken to protect your or your loved one's health and safety:

• Unexplained injuries including bruises, cuts, scrapes or other injuries
• Broken Bones
• Pressure Ulcers, Decubitus Ulcers and Bed Sores
• Unexplained changes in behavior or demeanor including isolative behavior
• Unexplained fear of a particular person or situation
• Loss of Weight and/or Excessive Hunger
• Excessive Thirst
• Disorientation
• Missing possessions including money or clothing

Should your loved one exhibit any of these signs or symptoms of neglect or abuse or if for any reason you suspect neglect or abuse, the following steps may be taken:

• Report the neglect and abuse to the facility administrator
• Report the neglect and abuse to the local authorities
• Complain to the state Department of Health (most states have hotlines where such abuse and neglect may be reported)
• Complain to the state ombudsman (most states have ombudsman programs where complaints of elderly abuse and neglect may be made)
• Contact a skilled and knowledgeable law firm such as Burke, Harvey & Frankowski, LLC who handles claims against individuals and facilities for abuse and neglect of the elderly.

If you feel that you or your loved one has been neglected or abused at the hands of another individual, financial advisor, care giver, nursing home, assisted living facility or by any other person or facility, the attorneys at Burke, Harvey & Frankowski, LLC stands ready to discuss the situation and take action to protect you. Contact Burke, Harvey & Frankowski, LLC today for a free consultation.

BIRMINGHAM, Ala., Jun 19, 2008 (PrimeNewswire via COMTEX) ----The Securities Law Firm of Burke, Harvey & Frankowski, LLC (www.bhflegal.com) announced today that it has begun an investigation into losses sustained in the Bear Stearns High-Grade Structured Credit Strategies Enhanced Leverage Master Fund Ltd. and in the Bear Stearns High-Grade Structured Credit Strategies Master Fund Ltd. ("the Bear Stearns Funds"). These funds invested heavily in subprime-mortgage related securities or Collateralized Debt Obligations (CDOs) and lost approximately $1.6 billion of investor assets.

To read full article, click here.

Patricia Hurtado and David Scheer of Bloomberg report that Bear Stearns Cos. former hedge fund managers Ralph Cioffi and Matthew Tannin were taken into custody at their homes this morning over their roles in the collapse of two funds that ignited the subprime mortgage crisis last year. The arrests are the first from a federal probe of possible fraud by banks and mortgage firms whose investments in subprime loans and securities plunged in value, causing losses that now total $396.6 billion. The Securities and Exchange Commission may sue the two men as early as today, claiming they committed fraud by falsely telling investors the funds they managed were in good condition, people with knowledge of the case said.

The two Bear Stearns funds are part of Bear Stearns Asset Management Inc. They were the Bear Stearns High-Grade Structured Credit Strategies Enhanced Leverage Master Fund Ltd. and the Bear Stearns High-Grade Structured Credit Strategies Master Fund Ltd.

To read full story, click here.

Kim Chandler, staff writer with the Birmingham News reports that Alabama Department of Public Health inspectors beginning next month will settle disputes over whether Medicaid patients with complex behavioral and other needs can be readmitted to nursing homes after hospital stays.

The new rule approved last week by the Legislative Council was the result of a compromise between the state Medicaid agency and the Alabama Nursing Home Association, Medicaid Commissioner Carol Steckel said.

The groups occasionally have clashed over whether nursing home patients sent to the hospital for mental health or other complex health issues should be readmitted into a nursing home.

To read the entire story, click here.

Damien Cave with the New York Times reports:

From “Scarface” to “Miami Vice,” Florida’s drug problem has been portrayed as the story of a single narcotic: cocaine. But for Floridians, prescription drugs are increasingly a far more lethal habit.

An analysis of autopsies in 2007 released this week by the Florida Medical Examiners Commission found that the rate of deaths caused by prescription drugs was three times the rate of deaths caused by all illicit drugs combined.

Law enforcement officials said that the shift toward prescription-drug abuse, which began here about eight years ago, showed no sign of letting up and that the state must do more to control it.

To read the entire article click here.

In an effort to protect the nation's nursing home residents from sub-standard care, abuse and neglect, Congress is considering one of the most important pieces of nursing home legislation put forth in the past 20 years. Senators Chuck Grassley of Iowa, Ranking Republican on the Finance Committee, and Senator Herb Kohl of Wisconsin, Chairman of the Special Committee on Aging, have introduced S. 2641, the Nursing Home Transparency and Improvement Act. A companion bill is expected soon in the House of Representatives.

Summary of Major Provisions of the Act

Improve transparency and accountability in the ownership and operations of nursing homes
Corporations would be required to disclose their owners, operators, financers, and other related parties. Facilities that were part of chains would be required to submit annual audits. Purchasers would have to demonstrate that they were financially able to run facilities.

Require disclosure of how Medicare and Medicaid funds are spent
Providers would have to report wage and benefit expenditures for nursing staff on cost reports. Cost reports would be revised to categorize spending for direct care, such as nursing and therapies; indirect care, such as housekeeping and dietary services; capital costs, including buildings and land; and administrative costs, which often include the company’s profits.

Establish independent monitoring of chains
The federal government would develop a protocol for an independent monitor of chains to analyze their financial performance, management, expenditures, and nurse staffing levels. It would provide for corrective action and collection of civil monetary penalties.

Collect accurate information about nurse staffing
The government would collect data electronically from nursing homes on the number of RNs, LPNs, and nursing assistants, using payroll records and contracts with temporary agencies as the source. Data would include turnover and retention rates and hours of care per resident provided by each category of worker.

Provide better public information about nursing homes
Nursing Home Compare would be updated with more timely reporting of surveys; ownership information; accurate nurse staffing data, including turnover and retention rates; links to survey reports (Form 2567) when states put them online; enforcement actions; and all Special Focus Facilities identified for three years. The government would undertake a study on how to improve the website to make it more useful and understandable.

Implement new consumer complaint processes
The government would develop a standardized form consumers could use in filing complaints with the state regulatory agency or ombudsman. States would be required to establish a complaint resolution process for residents’ representatives who were retaliated against, including denied access to residents, if they complained about quality of care or other issues.

Provide for higher civil monetary penalties and other CMP reforms
Federal civil monetary penalties would be increased for the first time since the 1987 Nursing Home Reform Act – up to $100,000 in the case of a resident’s death. Fines would be held in escrow during appeals of deficiencies, no longer delayed until appeals were resolved. Federal CMP funds, which are now returned to the U.S. Treasury, are encouraged to be used for the benefit of residents.

Provide for reporting of closures and continuation of federal payments
Nursing homes would be required to give 60 days notice of closure, including a relocation plan and assurances that residents would be transferred to the most appropriate facility or other setting. No new residents could be admitted after the notice was given, and the federal government could continue Medicare and Medicaid funding for residents until relocation was completed.

Authorize studies of temporary management; special focus facilities; culture change; and nurse aide training
The bill provides for studies of temporary management; the characteristics of Special Focus Facilities, including ownership; best practices in culture change; and training of nurse aides and supervisors. Dementia management would be added to the initial 75-hour nurse aide.

If you have questions about the Nursing Home Transparency and Improvement Act of 2008 or if you or a loved one is being abused and neglected in a nursing home, contact the experienced nursing home neglect and abuse attorneys at Burke, Harvey & Frankowski, LLC. We are here to help.

In the June 2008 edition of McKnight's Long-Term Care News & Assisted Living, Liza Berger reports that Congress may be considering tough new legislation to combat problems associated with state nursing home surveyors understating or altogether missing nursing home deficiencies. The legislation could also provide stiffer penalties to nursing homes that provide sub-standard care or abuse and neglect their residents.

The article states that "Nursing homes received another quality drubbing last month after the Government Accountability Office revealed that state inspectors often understate deficiencies, including those about malnutrition, bedsores and abuse, in their annual facility inspection reports. State surveyors missed at least one serious deficiency in 15% of the inspections checked by federal officials, according to the GAO report, which was released on May 15. In nine states, inspectors missed problems in more than 25% of the surveys analyzed from 2002 to 2007."

To read the entire article click here.

A "personal injury" occurs when a person suffers a physical, emotional or psychological injury as a result of the wrong doing, negligence or willful conduct of another person or even a company. Typical personal injury claims may involve:

• Traffic accidents including trucking accidents
• Boating accidents
• Motorcycle and all terrain vehicle (ATV) accidents
• Slip or trip and fall accidents
• Injuries caused by defective products
• Medical or Dental Negligence resulting in Medical/Dental Malpractice
• Accidents caused by dangerous conditions at home or in stores or restaurants

In addition to those kinds of personal injury cases listed above, on the job or work related injuries are all too common. These kinds of on the job or work related claims may be related to accidents and often times such claims involve injuries caused by exposure to dangerous chemicals or substances. Such claims may include:

• Asbestos Exposure causing Asbestosis or Pneumoconiosis
• Mesothelioma caused by asbestos exposure
• Silicosis caused by exposure to silica
• Cancer caused by exposure to Benzene and other dangerous chemicals
• Emphysema, Chronic Bronchitis and Asthma
• Chronic Obstructive Pulmonary Disease
• Occupational Deafness
• Contact Dermatitis
• Repetitive Strain Injuries

In any situation where injury occurs as a result of the wrongful, negligent or willful conduct of another party, the injured person may be entitled to compensation for their injuries, losses and damages. In most cases, it is advisable to retain an attorney to help obtain and maximize compensation. In most cases, representation is performed on a contingency fee basis. This means that the attorney does not collect an attorneys' fee for assisting the client unless the attorney is successful in obtaining a settlement or verdict on behalf of the client.

If you or someone you know has been injured please contact a law firm such as Burke, Harvey & Frankowski, LLC to explain your legal rights and to help you obtain the compensation to which you may be entitled. We stand ready to assist you.

Dave Parks of the Birmingham News reports that the Alabama Department of Public Health expects to eliminate by the end of September a backlog of nursing home inspections that has plagued the state for years, officials said. The progress comes after criticism from the federal government, and is the result of hiring more inspectors and opening two branch offices to help regulate the state's 233 nursing homes, said Rick Harris, director of the department's bureau of health provider standards. Harris said that in addition to catching up for the first time in years on annual nursing home inspections, as required by federal law, Public Health officials have eliminated a backlog of investigations into complaints about nursing homes.

To view the entire article click here.

Crystal Jarvis of the Birmingham Business Journal reports that Burke, Harvey & Frankowski, LLC plans to file more than 200 arbitration claims against Morgan Keegan & Co. Inc. on behalf of investors who lost investments in the company's bond funds, which plummeted by more than 70 percent within a 12-month period. In one case, an investor is suing the Memphis-based brokerage arm of Birmingham's Regions Financial Corp for $4 million, alleging "damages related to the sale of unsuitable bond funds," according to a published documents.

To read full article, click here.