Author: Grubbs & Landry

3 Ways Businesses Can Be Divided During or After a Divorce…

The division of property is based upon the state of residency. In the state of Kentucky, a court must divide all assets. While this distribution may not be equal, assets division will be handled with the upmost fairness. The following are a few ways a court will divide business assets in a divorce…

Buy-out Your Spouse

If the property is co-owned and there is negative energy that is hindering the spouses from remaining professional, one spouse might considering buying out the other’s half. This must be agreed upon by both parties.

Co-ownership

If the spouses are on good terms, they could continue to share the business after the divorce. If the business holds emotional value for both parties, they may commit to having a professional relationship even after their marriage has ended. If neither party wants to give up their share but they also do not get along, they might agree to one of them becoming a silent partner. Silent partners do not play a role in the day-to-day aspects of the business but they still contribute financially and benefit from the profits of the business.

Sell The Business

In the event that a buy-out or co-ownership are not feasible options, both parties can choose to sell the business in it’s entirety and divide the money evenly. This may seem simple but it can become complicated as it can come with its own share of problems. Sometimes one spouse will not agree to sell their half. It can also take some time to find a buyer based on the market for the particular type of business.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
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Filing for Social Security Disability with a Bipolar Disorder Diagnosis…

If you are suffering from Bipolar Disorder and are no longer able to work, you should contact an attorney specializing in Social Security Disability to improve your chances of receiving SSDI or SSI benefits. Historically known as Manic Depressive Disorder, Bipolar Disorder is a mental illness characterized by cyclic mania or periods of extreme euphoria followed by bouts of severe depression. This mental disorder is not a mood disorder alone, but a category of severe mood disorders. It is a condition that is prevalent in both men and women.

Assessment of Bipolar Disorder

If an individual Bipolar Disorder is constant and impairs all ability to function in a work environment, that person may be entitled to Social Security Disability Benefits. Any individual with Bipolar Disorder can be eligible for disability benefits if he/she meets the evaluation criteria listed in the Social Security Administration Bluebook, and if he/she has received a medical-vocational disability endorsement based on the person’s residual function ability, education, and age. Applying for disability benefits with a Bipolar Disorder diagnosis can be a complex and intimidating process, hiring a qualified Social Security Disability lawyer or disability advocate would be in their best interest.

How To Prove Bipolar Disability?

You will need a statement from your treating doctor or a psychologist regarding the severity of your Bipolar Disorder. For example, your doctor might give an opinion that you would miss several days of work each month due to your condition. Make sure the doctor explains this opinion. You should strive to keep a consistent treatment regimen before and during the Social Security Disability application process. If your SSDI/SSI application is denied, you should be prepared to file a disability appeal. In many cases, a Social Security Disability lawyer or advocate can provide invaluable help by guiding you through the application and appeals process. A person with bipolar disorder can qualify for SSDI benefits because it is included in the SSA’s listing of impairments.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

3 Ways You Can Appeal a Divorce Decree If You Have Valid Grounds…

Once the divorce is completed and a judgment entered, either or both spouses can appeal a trial court judge’s decision to a higher (“appellate” or “appeals”) court. Because of the deference given to the original judge, it is unusual, but not impossible, for an appeals court to overturn a judge’s decision in a divorce case. Settlement agreements usually cannot be overturned on appeal if both spouses agreed to the terms of the settlement unless there were problems with how the agreement was reached or other enforceability issues. The court places a great deal of faith in the judge’s final decision.

Valid Grounds for Appealing a Divorce Decree

The most common claim for appealing a divorce decree is that the court made a mistake regarding the law in the final judgment. The party filing the appeal must show that the judge made some kind of error or mistake in applying or interpreting the law regarding the circumstances of the case. Usually, a party cannot simply challenge facts that were already established during the original proceeding. If the facts have been established at the lower court, the appellate court will accept those as the facts of the case, unless something about those facts is a reflection of the mistake that the court made in applying the law. The person filing the appeal must show that the judge made an error in interpreting or applying the law to the case. The following are a few supporting grounds for a diverse appeal…

  • Instances of fraud committed by the opposing party in connection with the court proceedings.
  • Concealed or hidden assets of other important information by the other party didn’t divulge during the proceedings.
  • Discovery of new facts that could not otherwise be discovered during the original proceedings.

Example: Maybe the court failed to take into account a loss your business has suffered or miscalculated the worth of assets. Or perhaps inadmissible testimony was allowed or pertinent evidence was excluded in your case. Maybe the ex-spouse had a lover and was using community funds to buy gifts for this person. This could make the final judgment on income or alimony payment incorrect. The court is more likely to grant an apple based on any lawful errors committed by the original court.

Ways to Challenge a Divorce Decree Include…

  • Appeal – This is the “normal” avenue for challenging a divorce decree. It is also one of the most time-consuming. You usually have about 30 days to file an appeal after the final judgment has been issued, and the appeal must be based on the court’s mistake of law. In general, no new facts can be introduced on appeal.
  • Motion for Rehearing – A motion for rehearing is a very technical type of procedure that must be filed almost immediately after the judgment is issued. This does not guarantee your case will be reheard by a court and a judge must grant approval of the request.
  • Motion for Relief from Judgment – A motion for relief from judgment is only granted in limited circumstances, like if the other party committed fraud or concealed assets. Generally, this motion may be granted only in cases where something serious has occurred that affects the fairness of the decree.

If you are serious about appealing your divorce decree you must pay attention to the deadlines for completing the process. If you miss the deadline, you may miss your chance to appeal the decree. Talk to a local attorney as soon as possible about the various deadlines for motions and appeals to make sure you don’t lose your opportunity before you act on it.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

The 4 Steps of the Social Security Disability Benefits Appeal Process Explained…

Did you know that the majority of Social Security disability claims are denied the first time? That is why it is important that those who have had their claim for Social Security disability benefits denied to fully understand their right to appeal and how to do so. Social Security disability benefits are offered to those who are disabled and have a medical condition that is severe enough that it leaves them unable to work AND that is anticipated to last longer than 12 months or lead to their death. There are also specific work history eligibility requirements that must be met. If your application for benefits has been denied, the appeals process has a few levels of appeals. They are as follows…

#1: A Request for Reconsideration

Filing a request for reconsideration requires fresh eyes on your application for Social Security disability benefits. A new reviewer will look over your entire application for benefits from the beginning including all your medical records and other required documents.

#2: An Administrative Law Hearing

If your application is still denied after your request for reconsideration, your next step is in the appeals process. This will involve a hearing before an administrative law judge. As an disabled applicant, you need to make sure you are adequately prepared for this hearing.

#3: Social Security Administration (SSA) Appeals Council Review

If your claim for Social Security disability benefits was denied by the administrative law judge, you can request that your application is reviewed by the Social Security Administration (SSA) Appeals Council.

#4: Time to File a Court Appeal

Your final level of appeal is to file an appeal in a federal court.

As a disabled applicant filing for Social Security disability benefits, you should not be discouraged by your initial claim for benefits being denied– majority of them are. But you should understand the process of Social Security disability appeals and what options are readily available to you so that you can get the benefits you need to live your life.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

What Happens If You Get in a Car Accident While Working?

If you’ve been in a car accident while working, it’s normal to be upset and anxious, especially if other people were badly injured. You may be technically at fault for the crash, but you still deserve protection. If you have any worries that your employer’s insurance company is going to throw you under the bus, contact a personal injury attorney. When you add an addition complication to a crash, it can be difficult for the average individual to make sense of who incurs liability and financial responsibility for the injured and the property damage. If someone else causes the crash and they were on the job at the time you may have to deal with a complicated third party insurance claim.

Are Employers Liable for Employee’s Car Accidents?

When an employee causes an accident while performing a work-related task, the employer may be on the legal hook for resulting injuries and property damage. The specifics of the situation will decide whether of not the company or the driver who caused the crash has any responsibility for what happened. If there are injuries to the employee they may have grounds to file a workers compensation claim. If a person on the clock crashed into you, you may be able to bring a claim against their employer for your losses if their insurance does not adequately cover your expenses.

When To File a Third Party Claim After a Car Accident…

One difference between a property damage claim and a personal injury claim is that with the property damage claim you will be back in contact with the insurance adjuster as soon as you have a repair estimate for your property — whereas with a personal injury claim, you will usually wait until your medical condition stabilizes before speaking again with the adjuster. You may need to speak with the adjuster on the phone several times to set up inspection of your car or other property, or to get a separate insurance estimate of repairs if the adjuster requests it. Many insurance carriers will gladly work with their own clients to cover expenses that the company technically has no obligation to pay. They pay and then send the bill along to the company insuring the other driver. In a complicated situation that may involve worker’s compensation the third party insurance may need to be involved. You may need to be more proactive about how you handle your claim in that situation. It may be wise to contact a legal professional who can negotiate with the various insurance carriers on your behalf to make sure you are getting the compensation you need for medical reasons. In a legally complex employee-related accident with injuries you may have to involve a third party insurance carrier.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

Disability Claim Tips – Do You Qualify for Social Security Disability?

If you find it hard to hold down a job because of a severe mental or emotional condition—such as depression, bipolar disorder, anxiety, PTSD, or autism—you might be asking yourself: What are my chances of getting Social Security disability benefits? You may file a claim. The SSA should recognize the claim that prevents you from working and is expected to last at least a year. It can be confusing to understand the SSA requirement for mental illness. It is unfair sometimes that you have to jump through so many hoops. Do not give up if your benefits are denied the first time the appeals process can be done and you may go on to recover benefits.

Mental Illnesses That Are Considered a Disability in Kentucky 

  • Neurocognitive disorders
  • Schizophrenia and other psychotic disorders
  • Depressive, bipolar, and related disorders
  • Intellectual disorders
  • Anxiety and obsessive-compulsive disorders
  • Somatic symptom and related disorders
  • Personality and impulse-control disorder
  • Autism spectrum disorder
  • Neurodevelopmental disorders
  • Eating Disorders
  • Trauma and stress-related disorders

Your mental disorder in this listing category is “serious and persistent;” that is, you have a medically documented history of the existence of the disorder over a period of at least 2 years, and there is evidence of both. The SSA also uses umbrella terms under which may different illnesses fall.

If You Are Clinically Diagnosed, How Do You Prove You Cannot Work to SSD?

Family members, friends, social workers, and other key figures whom you interact with regularly are the key to a solid testimony for your mental impairment and its effect on your ability to perform routine functions, interact socially, and most importantly, obtain sufficient employment. Get a note from your physician. prove the prescriptions that have prescribed for you. Document any therapy you have participated in. Show why you can no longer do the work you were hired for and prove you cannot be trained for different work. Plus your illness needs to be a long-term one.

If you have a mental health disorder that prevents you from working, you may be entitled to receive Social Security benefits. Whether you are preparing your disability claim for the first time or appealing your case contact a compassionate attorney to explain your legal options for seeking disability benefits for mental illness.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

Disability Benefits – Short Term Disability Explanations and Options in Kentucky…

In Kentucky, or through Social Security Administration (SSA) short-term disability insurance is not guaranteed, and there are no laws protecting employees with short-term disabilities. However, there are other benefits that an employee can use if he is temporarily disabled. A countless number of people find themselves dealing with a temporary disability that is not permanent. Because of this many people turn to their own independent short-term disability insurance policies or employer-provided short-term disability coverage. The following are some examples of short term disability options you may have… 

Short Term Disability Benefits

Employer-provided short-term disability benefits covers leave from work for a temporary disability, such as pregnancy, accidental injuries, and illnesses. Short term disability insurance replaces a portion of the employee’s income, which is a huge benefit for employees. The percentage of income paid depends on the insurance plan. The coverage typically lasts up to 52 weeks. Sometimes employers offer this type of insurance but the employee must sign up for it and it will be an add-on to your health insurance coverage.

Work-related Accidents

If you are temporarily disabled due to an accident or illness related to work, Kentucky’s worker’s compensation laws require that your receive medical treatment and disability pay.

Family and Medical Leave Act (FMLA)

FMLA is a federal law that provides up to 12 weeks of unpaid, job-protected leave to employees for certain family and medical reasons. Kentucky State Government also offers enhanced Family Medical Leave (FML) benefits in some areas. Employees are entitled to continue their health insurance while on leave, at the same cost they must pay while working. FMLA leave is unpaid, but employees may be allowed (or required) to use their accrued paid leave during FMLA leave.

Disability Determination Services

Disability Determination Services makes disability determinations on behalf of the commissioner of Social Security for residents of Kentucky. The program uses federal regulations to determine disability for both Supplemental Security Income (SSI) and Social Security Disability Income (SSDI). The program also adheres to federal regulations for performance accuracy and processing time standards. Applications must be filed in one of the 27 Social Security offices in the State of KY.

If you need disability benefits you should learn your legal rights in Kentucky. Contact an experienced lawyer to help you get the benefits your need and deserve. They understand what benefits you will qualify for and how you can best secure them.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

Many Times Insurance Companies Want to Settle Your Case. See Why That’s Not Always a Good Idea For You…

When an insurance company offers you a settlement, they are essentially acknowledging their client’s fault in the accident. They want you to settle to avoid litigation or going to court. Insurance companies usually do not want to get legal help involved, If you get a call from them before you have contacted your lawyer absolutely tell them you want to consult with an attorney before agreeing to settle a case. If the injuries are sustained in any kind of collision, and whether the injuries appear minor or resulted in a fatality, broken bones, paralysis, or other injuries, you should talk to an attorney before talking to an insurance agent or adjuster about the facts of the case.

The Insurer’s Goal

Insurance companies are not on your side. their goal is to pay an injured person as little as possible. Never allow an adjuster to bully you to try to convince you and make you agree to a damaging statement. The most important rule to follow when notifying your insurance company about a crash is to keep it simple.

You can tell the insurance representative…

  • There was a crash
  • Where the crash happened
  • Whether your car was damaged

Saying much more than the bare minimum can do more harm than good in your situation, although it pays to read the insurance policy to confirm that you are not legally obligated to provide more information. Leave it up to them to dispatch a claims adjuster to examine the scene and conduct an investigation.

The Problem With a Money Offer

Sometimes insurance adjusters offer a sum of money immediately after an accident offering to settle your personal injury case. Usually, it is far less than your case may be worth. The full extent of your personal injuries may not be known until many many months or up to a year after an accident. If you accept a settlement in exchange for waiving your claims, you may give up your right to pursue compensation even where your injuries turn out to be very serious. You may be waiving your right to file a claim under your health insurance policy that you aren’t even aware of.

How a Personal Injury Attorney Can Help

A personal injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages, pain, and suffering, and provide compensation for injuries suffered. Personal injury lawyers are expected to follow strict set principles of legal ethics when working with their clients. A personal injury attorney is familiar with many different kinds of injuries and evaluations of what a case is reasonably worth. Most people want to be polite and helpful in interacting with others. However, talking to an insurance adjuster without the participation of an attorney is not advisable. Finally, the simple act of having legal representation can make your insurance company take your claim more seriously. When they learn that you have hired a lawyer, they will know that they cannot roll over your interests and are more likely to make a higher initial offer that is closer to what you really deserve.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More