Tuesday, December 18, 2007

“Lessons in Online Incorporation”

Online incorporation services proliferate in the internet. The article “Online Incorporation Service Review”, posted in September 25, recounts a business owner’s experience with one of these online incorporation companies that offer and cater to the needs of new businesses.
The article, written by the business owner himself, complained about the high service cost being charged by these online companies on novice businessmen like him. And despite the high charges, most online companies fail to meet the standards of the job.
The article also noted that online incorporation services do not explain or educate clients on legal forms they needed to accomplish in business. As a result, clients feel disappointed, groping for answers to their basic questions about business incorporation. And for new businessmen, who knew less of legal forms, this creates confusion and problems.
In addition, the article pointed out that online incorporation websites failed to give any legal advice to clients and went directly to selling their services like a “package”.
The confusion was fairly illustrated when the businessman purchased the wrong type of incorporation and his lawyer had to undo the process and fix him up with the right corporation. The businessman blamed the high cost of incorporation fee ($150) imposed by the California government as the reason why online incorporation companies continue to exist and operate. These companies allegedly charged lower fees, he added.
In the end, the article recommends that the legal services of a business corporate attorney is a more reliable way than the services of online companies which lack the personal touch of human assistance.

“Certification Process in A Class Action Lawsuit”

We all know that class action lawsuits are related lawsuits bundled together by common cause against a common defendant. In a way, class action lawsuits help unburden courts of working on too many individual lawsuits and save the court its precious time and effort.
But before becoming a class action lawsuit, there are certain requirements and conditions set by law which determine whether cases can be treated collectively in a class action lawsuit. To determine this, individuals in a lawsuit must file a certification request with the court, which will either certify a case, or not.
In California, the court requires that the four elements must be present as provided by Rule 23 (a) of the Federal Rules of Civil Procedure to certify a case as a class action lawsuit.
The four elements required are:
  1. if the class is so numerous that “joinder” of all members is impractical
  2. when there are questions of law and fact common to the class
  3. when the claims or defenses of the representative parties are typical of the claims or defenses of the class
  4. when the representative parties will fairly and adequately protect the interest of the class.
Another thing, the court also set three conditions, one of which must be satisfied to get an approval in certification. These are:
  1. the prosecution of separate actions would create a risk of: (a) inconsistent or varying adjudications or (b) individual adjudications dispositive of the interests of other members not a party to those adjudications; the party opposing the class has acted or refused to act on grounds generally applicable to the class;
  2. the questions of law or fact common to the members of the class predominate over any questions affecting only individual members,
  3. and a class action is superior to other available methods for the fair and efficient adjudication of the controversy.

Friday, December 7, 2007

Corrected Steps

I find this article informative and useful, especially for a claimant or his representative. In this article, a new, corrected steps in filing claim for social security disability was presented.
This article titled “Correct Steps for Filing a Social Security Disability Claim”, posted in November, provided a better way of pursuing a claim. It presents a clearer version of guidelines to follow in filing a disability claims.
The article called it “thinking steps”, which are actually reminders in filing a claim. Here is a list some of these considerations:
1. Consider you current work activity – Before filing a claim, one should first determine his monthly gross income. This means, one cannot be eligible to apply for a disability benefit, if his income exceeds a certain amount allowed by law.
2. Find a physician who is willing to do the paperwork required in a disability claim.
3. Write down your complete medical history and all the details related to it.
4. Write down your complete work or employment history within the ‘relevant period’, which is 15 years for social security disability purposes.
Taking all these considerations in mind, applying for the claim is now easier. Where and how can one apply? One can simply contact a local social security office and request for an appointment to apply for a disability. The interview can be conducted over the phone or in person.
Otherwise, one can also apply online, although it would not be as practical as talking to a human representative, especially if you have many questions to ask. In the case of the disability lawyer, you can hire one if he is willing to do the filing for you.

Thursday, December 6, 2007

“Safeguard against Fraudulent worker’s compensations claim”

I just read the article “Ten Tips for Detecting Fraudulent Claims”, posted August 11, which warns workers and employers alike of the dangers of fraudulent claims made against workers’ compensation. The article revealed a disturbing trend among dishonest employees who try to file erroneous claims for compensation.
According to the article, this deceitful practice is causing insurance companies a lot of money, which is in turn passed onto the employer who will pay higher premium. If disregarded, this crime may affect the ability of the agency to further sustain its ability to pay other claims and workers’ benefits.
To detect fraud in claims processing and transaction, the article suggested looking at some following telltale signs:
  • Lack of prompt reporting –when an employee does not immediately report an injury, it is best to review the employee’s record
  • Unclear details – if an employee cannot recall or make a clear description of an accident, it is important to keep more attention to the progress of the report.
  • No witness
  • Discrepancy in story – during investigation, when a person keeps changing his story, it is good reason to suspect fraud.
  • First day of the week claim
  • Disgruntled employee
  • Financial problem at home
  • Employee never answers the phone (at home)
  • Misses medical appointments
  • Engages in activity inconsistent with the injury sustained
The above mentioned hints may be helpful in detecting fraud in compensation claims. The article is informative and useful for both employees and employers alike.