It’s that time of year when many of us are setting goals and making plans for what we hope will be a successful and prosperous 2009.  It’s very tempting to set goals that are so lofty that you just know you will never achieve them.  I suggest that rather than create a master plan that is so ambitious that you know it will never get off the ground, consider taking “baby steps” to achieve big changes in 2009….

This isn’t to say that you can’t dream big, it’s to say that you need to break the BIG dream down in to a series of realistic and achievable baby steps that will ultimately culminate in achieving the big dream.

Let me use myself and my law firm as a brutal example.  For years we kicked around the implementation of many types of technology– electronic files rather than paper files, computer trial presentation, digital dictation, voice recognition software, video depositions, etc.

Without fail, not one of these great technology “ideas” got off the ground until we decided to just bite the bullet, quit screwing around with the “thinking” about the idea, and just dove in to the implementation of the new technology by taking the first “baby step”.  Sure, just diving in occasionally resulted in some mistakes, but those mistakes often showed us the way to an even better solution.

Let me use the implementation of our “paperLESS” office system as an example.  5-6 years ago we decided to try to convert the inefficiency of our paper-based file system to a digital-based system.  At the time, scanners were expensive, scanning software was clunky and confusing, and our staff thought we were nuts to change from the tried-and-true paper file system with which they were so comfortable.  Realizing this was going to be an uphill battle if we rolled out the scanning system to the entire office, we decided to just roll it out to two of our personal injury paralegals who were enthused about the idea.  Long story short, after working out some of the initial bugs, these two paralegals LOVED the new electronic files (no more hunting for paper files or documents!) and slowly but surely every paralegal, secretary and lawyer in the office was clamoring for a scanner for their own desk.  Now, every shred of paper in the office is quickly converted to an electronic file and we no longer rely on the paper file.

The bottom-line is that we could have researched/debated/discussed this conversion to digital files to death or we could just take the baby step of putting a scanner on someone’s desk and letting them run with it.

Guess how we do it now in our office whenever we want to implement a new technology?    Yep, gotta love those baby steps!!  

Thanks for reading.

Jim
_______________________________________________________
James B. Reed
NY & PA Injury and Malpractice Lawyer
jreed@zifflaw.com

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Dallas, Texas Attorney Bob Kraft recently wrote an informative blog post explaining some critical information regarding continued eligibility for Social Security Disability benefits after you have been approved.  The post is titled “How Long Do Social Security Disability Benefits Last?“  The text of the post is below.

How Long Do Social Security Disability Benefits Last?

Social Security Disability payments are different from other long term disability insurance programs. Often a private disability plan is defined, and dictates, for example, that you can only receive benefits for a specified period of time. Social Security Disability and Supplemental Security Income benefits, however, may last until you are able to return to work or you reach retirement age. If you are disabled at the time you reach the age of retirement, your Social Security Disability payments will be converted over to retirement payments.

Returning to Work and Continuing Disability Review: If you return to the workforce after being found disabled, the Social Security Administration can review your case and see if you continue to be disabled. You are also entitled to a trial work period after being found disabled. How to approach working after you have been found disabled is an involved issue, and you should call to discuss it with an attorney before you begin working.

In theory, all cases are subject to a continuing disability review after a certain period of years. Depending on your age and the type of impairments involved, you should be prepared to have your case reviewed several years after your disability is awarded. It is, therefore, important to keep track of all doctors you have seen since your disability was originally granted.

Thanks for reading,
Eric

________________________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

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Some of you may recall the story from this past summer when a New York City police officer violently body-slammed a bicyclist who was riding in a large cycling event.  Normally, no one would have believed that a police officer would just tackle a bike rider for no reason.  In fact, even as an avid cyclist I would have been very skeptical of the bicyclist’s version and I would have suspected that the bike rider did something wrong to provoke the cop.  Thankfully for the cyclist (and to the chagrin of the officer) the whole incident was caught on a tourist’s video camera.  The video clearly shows the cop bolting into the path of the bicyclist who was trying to avoid the cop and the cop brutally tackling the cyclist into the sidewalk.  The video was posted to YouTube and has now been viewed more than 1.8 million times!  You can see it here:  Cop Body Slamming Bicyclist Video.

I have watched this video many times and each time it was absolutely obvious to me that the cop went out of his way to tackle this cyclist.  Why?  Who knows….maybe he’s just a mean guy……maybe he hates bicycle riders….maybe he had a fight with his wife…..  All I know is that he slam-dunked this poor cyclist.

As a lawyer, I wondered what might happen.  Would justice be served or  would this be white-washed and swept under the carpet by the local police and prosecutors?  Well, I was both relieved and proud to learn that the police officer was recently indicted on felony charges (filing a false report– the officer had the gall to claim that the cyclist swerved in to him) and misdemeanor charges (assault on the bicyclist).

Now let’s just hope that this officer gets exactly what he deserves…..

You can read the details here.  Here are a few of the highlights:

• Patrick Pogan, a cop for just three weeks before a videotape appeared on YouTube that showed him slamming a cyclist to the ground without providing any warning, is charged with misdemeanor assault and felony counts for allegedly falsifying his report.
• In his report, Pogan said that he warned the bicyclist to stop and that the cyclist intentionally rammed the policeman. Pogan’s attorney told the AP that Pogan reacted to something Long did that was not visible on the tape.  That’s not going to hold water, of course. What Pogan wrote in his report was that Long tried to steer his bike into Pogan and that he warned Long to stop. The video, taken by tourists, doesn’t support that.
• The assault was bad enough, but Long [the bicyclist] had to spend the night and most of the next day in jail based on what Pogan wrote in his report.

Thanks for reading,

Jim Reed
New York Bicycle Accident Lawyer (and fanatical bike rider!)
jreed@zifflaw.com

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As my clients and regular readers know, I STRONGLY urge EVERY car owner to make sure that they have good uninsured and underinsured coverage on their car insurance policy.  This coverage, often referred to as UM or SUM coverage, protects YOU if you have the incredibly bad luck to be hit by another driver who has either no insurance or not enough insurance to cover your expenses.  For literally pennies a day you can add UM/SUM coverage to your policy and frankly you are crazy if you don’t have this important coverage.  You can get my free book explaining this coverage and telling you how to read your insurance policy in detail by clicking here.  It’s a real easy read and you will quickly see why I think this coverage is very important.

But a recent blog post by my friend and fellow accident lawyer, Jim Carroll, gave me even more ammunition for my crusade to make sure everyone has good UM/SUM coverage.  In his post, Jim quotes from a Wall Street Journal article Road Risks Rise as More Drivers Drop Insurance:

“More drivers are letting their car insurance lapse because of the sour economy, putting themselves and others at risk. “

“The trend is bad news for everybody on the road. If you’re hit by an uninsured motorist, you may have to sue to recover costs, and many uninsured motorists have few assets. You can protect yourself by carrying uninsured-motorist coverage — almost half of states require the added coverage — but this may boost your premium.”

So, the bottom line is that now, more than ever, when people are facing tough financial times and cutting corners on their insurance, means that YOU have to make sure YOU have the right coverage to protect your family.

Thanks for reading,

Jim Reed
NY and PA Accident & Injury Lawyer
jreed@zifflaw.com

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Oh, the irony. 

Last Friday I wrote a blog post warning drivers in upstate New York to use extra caution when driving because the Southern Tier was experiencing its first major snow storm of the season.  In fact, a review of the New York Injury Blog over the past several weeks reveals several posts by multiple authors about the increased risks of driving in the snow. 

Looks like we jinxed ourselves.  On Friday, several hours after publishing my post, I was involved in a traffic accident at the intersection of Chambers Road and County Route 64 (in front of Consumer Square) in the town of Big Flats, New York.  My husband, who was driving, and I were on our way to the Chemung County Court Clerks’ Holiday Party at El Monte’s Restaurant in Fisherville.  As we were traveling east on County Route 64, we observed the light at the intersection was green.  The other driver, traveling west on County Route 64, also had a green light.  However, just as we began to enter the intersection, the other driver turned in front of us and we crashed.  The roads were covered with a thin layer of snow and ice, and I suspect if they had been dry we would have had a much better chance of avoiding the collision.  The other driver was issued a ticket for Failing to Yield the Right of Way, and we were left to call a tow truck and begin the long process of sorting out all of the insurance issues.

The irony of our wreck was magnified when I learned my paralegal was also involved in a traffic accident on Friday.  A vehicle, attempting to pass her as she was traveling on I-86 in Steuben County, struck her and spun her car around several times.  Whereas my husband and I were lucky to escape our crash unscathed, my paralegal was not as fortunate.  She has been very sore and shaken since the crash, and we are all wishing her a speedy recovery.          

So…I learned a two lessons from Friday’s events:

• Safety in the winter requires more than personal awareness.  Neither my husband nor my paralegal caused their respective crashes, yet the collisions still occurred.  I am not sure anything could have been done to avoid them, but I am certainly reminded we all need to remain cognizant of what the other drivers on the road are doing.  Heck, they may not have read the tips on the New York Injury Blog!

Read the rest…

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While this post has little to do with my practice in Social Security Disability, when I run across something helpful I feel compelled to pass it along.

The Social Security Administration is now posting podcasts and their first is titled “Deciding When to Start Receiving Retirement Benefits.“

It’s about 5 minutes and nicely done. So if you’re trying to decide when to start receiving Social Security retirement benefits, I would encourage you to give it a listen.

As always, thanks for reading our blog,
Eric

___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

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Ouch.  Koobface hurts.

Last week my computer was infected by what is fast becoming one of the most notorious monsters in cyberworld.  Koobface, a software virus referred to as a worm, spreads through Facebook, a very popular social networking site with over 120 million subscribers.  The worm sends messages to Facebook subscribers’ inboxes, pretending to be from a fellow Facebook friend.  Messages generally say something like ”you look funny in this new video” or “check out this sexy video of you.”  After clicking on the link provided, the subscriber is asked to watch a “secret video by Tom,” or something of the like.  Then, when the subscriber tries to play the video, he is asked to download the latest version of Adobe Flash Player.  If he chooses to update, Koobface takes hold and won’t let go.

Several articles have been written about the Koobface virus in the past two weeks, including pieces on the Times Online, the L.A. Times, Scientific American and the Washington Post.   

I still can’t believe I fell for it.  I like to think it was merely a feeling of invincibility, or maybe detached naivety.  All this talk about viruses…I just though it would never actually happen to me. 

Well it did, and the purpose of this post is to stop it from happening to you.  Seconds after I foolishly agreed to let a hokey-at-best and sinister-at-worst site update my Flash player so I could take a peak at a video I was quite sure did not exist, my Facebook account sent false messages out to all 259 of my friends.  As I watched my screen — helplessly frozen out of my computer – I saw messages being sent from my Facebook account.  There was nothing I could do.   When it finally stopped I wiped my brow and thought, “whew, I sure am glad that’s over.”

Of course it was only the beginning.  The worm infected my hard drive, and began trying to get its hand (or pharynx) in my computer’s cookie jar.  I had to change nearly all of my passwords, call my banks and put notices on my accounts and disconnect from the Ziff Law network to make sure I did not start a Koobface epidemic.  Lots of fun on a busy Thursday afternoon!

I am pleased to say my story has a happy ending — I think.  Our amazing computer guru, Roy Brotherhood of PC Solutions in Elmira, New York, came to the rescue and appears to have saved the day.  Although I cannot vow to quit my addiction to Facebook cold turkey, I have promised myself to scale back and, at a minimum, wise up when it comes to computer scans.

May you all have a happy and Koobface-free holiday season.

Thanks, Christina
___________________________________
Christina M. Sonsire, Esq.
Personal Injury & Malpractice Attorney
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William Street, Elmira, New York 14902
Tel:  607.733.8866
Fax:  607.732.6062
Toll Free: 1.800.943.3529
Email: csonsire@zifflaw.com

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The Twin Tiers was hit with its first major snow storm of the year last night.  In an appropriately timed release, Roger Burlew, president of the county Town Highway Superintendents Association, and Andy Avery, director of public works for Chemung County and the City of Elmira issued a press release asking residents to be mindful of impending hazardous road conditions.  Automobile accidents and personal injuries occur with increased frequency during the winter months due to hazardous road conditions, though nearly all accidents can be avoided if general precautions are taken by all drivers.  The attorneys at Ziff Law wish everyone a hapy and safe holiday season, and hope drivers will take the necssary steps to make sure their actions do not cause or contribute to any roadside emergency situations.  Together, we can all make our roads a safe and festive place to be during the holidays.

The advice listed below is sound, and helps remind all of us that wintertime drive can and should be safe, as long as we obey some basic rules of the road:

* Allow sufficient travel time.

* Allow extra distance between vehicles and additional stopping time. Four-wheel drive does not decrease braking distance.

* Match your speed to the road and weather conditions.

* Fully clean off your vehicle before leaving home. Good vision is a key to good driving.

* Be aware of snow plows on the road and give them adequate room to operate. Stay a sufficient distance behind so the operator can see you.

* Obey parking restrictions to promote clearing of snow from roadways. Mail boxes are generally the responsibility of property owners.

* Plowing or shoveling snow into and across roadways is illegal. Remove snow from driveways and sidewalks away from roadways.

* Wait until after the plows go by before shoveling your driveway entrance.

In the event of a winter storm, do not drive unless necessary. If you must travel:

* Make sure your car is stocked with survival gear such as blankets, a shovel, flashlight and extra batteries, extra warm clothing, set of tire chains, battery booster cables, quick energy foods and a brightly colored Read the rest…

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And by the title, I don’t mean that I explain best. I can only try to do that. What I want to explain is that the Social Security Administration offers an online Benefit Eligibility Screening Tool (BEST) that allows you to find out what benefits for which you may be eligible.

BEST will screen for eligibility for Medicare, Social Security Disability, Social Security Retirement, Social Security Survivors’ Benefits, Special Veterans’ Benefits and Supplemental Security Income.

According to the Social Security Administration, it should only take 5 to 10 minutes to answer the questions.  So before you buy that book about what you might qualify for, by the guy in the question-mark suit, try BEST.

Thanks for reading,
Eric

___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

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The headline from the news story on WETM (in Chemung County, New York) featured below says it all.  “Alcohol involved in Big Flats Crash.”  The season of festivities, gatherings and plenty of libations is upon us, and with it comes the responsibility of making sure we keep ourselves — and everyone else on the roads — safe.  Surely nothing dampers holiday spirits more than a trip to the County Jail…or something much, much worse.

Ziff Law’s advice is simple: don’t drink and drive an automobile.  If you drink, be sure to have a designated (sober) driver, call a cab or stay overnight.  In our line of work we see the horrible consequences that arise when people chose to ignore a simple motto: “Don’t Drink and Drive, Arrive Alive.”

(2008)

Alcohol Involved in Big Flats Crash

Contributor: Katie Graham

BIG FLATS- A Corning man faces felony DWI charges Monday morning after he rear-ended a car while driving drunk, according to Chemung County Sheriff’s Deputies.

The crash happened around seven o’clock Sunday night at the intersection of County Route 64 and Chambers Road. According to a deputy with the Chemung County Sheriff’s Office, sixty year old Thomas Andrews slammed his Chevy Lumina into the back of a car driven by eighteen year old Charles Dailey of Beaver Dams. Both Daily and his eighteen year old passenger were taken to Corning Hospital for treatment. They have since been released.

Andrews was arrested for following too closely, driving while intoxicated, and aggravated unlicensed operation of vehicle.

Thanks for reading,

Christina Bruner Sonsire, Esq.

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