It was about a week before Jack Schamel retired that I last wrote a blog post.   Since that time I’ve had about all I can do to keep up with hearings, client meetings, phone calls and everything else.  I’ve missed writing the occasional blog because I find it satisfying to know that some of the folks reading my blogs are actually helped by them.  Enough knuckle cracking.  Let’s get down to it.

Just doing it is really the theme of this post, which is about encouraging folks to apply for Social Security Disability.  I’ve had too many people come to me who would clearly be disabled for purposes of Social Security Disability, but for a variety of reasons either didn’t apply before their date last insured (DLI) or didn’t appeal the decision denying them benefits for an impairment onset date before their DLI.  For a more in-depth discussion of DLI, see my blog post “Social Security Disability and Date Last Insured.” 

While it is certainly true that if you can prove that the onset of your impairment occurred before your DLI you would be entitled to benefits, this is not the way to go.  By applying and, if necessary, appealing  a denial (preferably with the assistance of an attorney),  you and your attorney should be working with your medical providers to ensure that Social Security has the medical evidence of your impairment.

The bottom line is: you should apply and if you’re denied benefits hire an attorney experienced at Social Security Disability.  Please see my blog post “Social Security Disability: Getting Started” in which I have the link to apply for benefits online. 

You have nothing to gain by waiting and, if you’re fortunate enough to recover from your disability and return to work, you may be eligible for a closed period of disability for the time you were out of work.  In other words, just apply.

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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It is very inspiring to come across a young person who has the insight and fortitude to realize that adversity can become a source of strength. To be able to help such a student achieve their dreams is incredibly rewarding.

I’m very proud to announce that Pamela Miller, a senior at Southside High School in Elmira, is a winner of the ZiffLaw Overcoming Adversity Scholarship. Pamela will receive $1,000 to pursue her plans to study international relations and Spanish.

This scholarship is administered by the Community Foundation of Elmira-Corning and the Finger Lakes and awarded to a student attending high school in Chemung County, or at Corning East or West, Waverly, Sayre or Athens high schools. Financial need is strongly considered, but the primary criteria is we look to help a student who overcame some adversity and prevailed through hard work and perseverance.

Pamela certainly qualifies. She contributed a personal essay describing a family tragedy, her father’s suicide, that would leave any child wondering, “Why did this happen to my family?”

“I honestly feel that no one should have to endure what my family and I have gone through…” she writes. “… However, as horrible as some of my life’s experiences have been, I try to extract some good out of them. I realize that the family I do have I must cherish with all my heart and we continue to grow closer every day.”

Pamela  is in the top 15 percent of her class and a member of the varsity cheerleading and track teams; Key Club, National Honor Society and History Club. She is also Secretary of Concert Choir and a Youth Rotary Scholar.

There is another winner this year: Alison Bixby, a student at Thomas Edison High School in Elmira. I’ll post another entry telling more about Alison.

Both winners deserve recognition for their ability to excel and not dwell on the past.

A description of the ZiffLaw Overcoming Adversity Scholarship and an application is available on the Community Foundation website. If you know of a deserving student, please encourage him or her to apply for next year’s scholarship.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice 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
mailto:jreed@zifflaw.com http://www.zifflaw.com

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Alison Bixby is an exceptional student. A senior at Thomas Edison High School in Elmira, she is the salutatorian of her class and senior class president. She is a member of the cheerleading team, a Junior Rotarian, and a past president and secretary of her class. Alison has also contributed many volunteer hours at Arnot Ogden Medical Center in Elmira.

What may not be obvious about Alison is that she has had overcome personal adversity to accomplish all of this. “I think that the events in my life have only made me a stronger, more compassionate person,” she writes.

Alison is a winner of a $1,000 ZiffLaw Overcoming Adversity Scholarship. The scholarship is awarded annually to  local high school students who have overcome significant personal hardship. It is administered by the Community Foundation of Elmira-Corning and the Finger Lakes.

(There is an additional winner this year - Pamela Miller, a senior at Southside High School. Pamela’s story is detailed in another post.)

Alison plans to study nursing and describes her goal as to become a geriatric nurse practioner. I think it’s a rare thing for a young person to say they want to help those who have had a long life. Alison says she feels that she “can give the one-on-one patient care that is needed at this age and build wonderful relationships.”

It’s a very good feeling to contribute to such a goal, especially one from a deserving, hardworking student.

If you know of a student who has prevailed despite adversity, encourage him or her to apply for the ZiffLaw Overcoming Adversity Scholarship. A complete description of the criteria for the award, as well as an application, is available on the Community Foundation website, www.communityfund.org.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice 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
mailto:jreed@zifflaw.com http://www.zifflaw.com

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I’d like to introduce you to someone we’ve all been hearing about lately - and that we are all going to get to know in some form or other (as a boon or a debt): a TRILLION dollars.

It’s the scale of money, big, big money that is being distributed in the stimulus and bailout packages by the U.S. government to jump-start our flagging economy.

Some things and concepts are so colossal, it’s difficult to wrap your mind around them. Like the distance to the sun, or the speed of light.

To help you wrap your mind around the size of the stimulus and bailout programs, I found the following descriptions of a trillion bucks:

• First of all, remember that a trillion dollars is a million, million dollars. Written out, it looks like this: 1,000,000,000,000. (Probably easier to stick to using just “trillion”.)

• A trillion dollars has a bit of a weight problem. In one dollar bills, it would weigh about 1.1 million tons. If you were using 100 dollar bills it would weigh about 11 thousands tons.

• A trillion dollars is one tall drink of water. It would take a military jet - flying at the speed of sound, reeling out a roll of dollar bills behind it, 14 years before it reeled out 1 trillion.

• A trillion dollars requires quite a commitment. You could earn a dollar a second for 32,000 years and still not quite earn a trillion.

• At Pagetutor.com, you can see a really fun visualization of a trillion dollars, created with Google Sketchup, a 3-D modeling program.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice 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
mailto:jreed@zifflaw.com http://www.zifflaw.com

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The New York State Governor’s Traffic Safety Committee makes a great point about bicycles on their website, SafeNY.com - because most people receive bikes as kids, there is an ongoing perception that bicycles are toys.

When you ride a bike on the road, however, it’s not a plaything. It’s a mode of transportation, subject to rules just like other vehicles. Under N.Y. law, bicyclists have the same rights and obligations of someone driving a car.  That means, a bike has the right to use the entire road but it also means that the bicyclist has the same obligations of obeying the traffic laws of the state of New York.

Despite the fact that bike riders have the legal right to use the road, cyclists must be especially careful because they are very vulnerable in traffic. SUV vs. SUV  could be a fender-bender, but what happens in the case of SUV vs. bicycle? The most likely result would be serious injury to the bicyclist.

As a NY and PA personal injury attorney and an avid bicyclist, I’m very aware of the issues and dangers surrounding bicycling on the roads in our region. And, since summer will soon be here, I thought a refresher about bicycle safety was in order:

• Wear a helmet. No duh, I know, and if you’re over 14, it’s not required by law. It’s tempting to give it a pass on a ride in a low traffic area, a hot day or anytime you’d rather not arrive at a destination with sweaty hair. OK, but even if you aren’t worried about your own brain, think about kids - any kid that sees you sans headgear is going to store that image away as proof that adults don’t think it’s necessary to follow the safest advice - why should he or she?

• Don’t let familiarity breed carelessness. You’ve heard that saying, most accidents occur within 5 miles of the victims’ homes? I haven’t seen statistics lately to prove it, but it makes sense. If your body knows the route, your mind can start to wander and that’s going to cut down your reaction time if something does go wrong.

• Give your bike a safety tune up. The New York State Vehicle and Traffic Law has a list of requirements for a road-worthy bike in New York. It includes braking ability, a horn or other warning sound maker, and specifics about reflectors and lights. When you are getting your bike ready to hit the road, check the safety features as well as the tire pressure.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice 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
mailto:jreed@zifflaw.com http://www.zifflaw.com

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We just came out of one cold, bitter winter. There were times it felt as if spring would never get here.

But now that there’s more sun, more warmth and even small signs of green, there have been news stories about some who maybe weren’t ready to let go of  cold-weather fun.

An ‘idiotic’ risk

In February, about 135 ice fisherman were trapped on an 8-mile-wide ice floe that broke away from Lake Erie’s shoreline. The island of ice trapped the men, one of whom fell into the water and later died. A local sheriff called the fishermen’s actions - given warming temperatures and the fragile ice - “idiotic.”

Closer to home, on March 7, a local man fell through the ice on a pond while ice fishing in Horseheads. He was in the water for an hour before phone company workers happened to hear his cries for help. WETM reported on the story - the man recovered, but he had hypothermia and a separated shoulder from his efforts to climb out of the water.

I came across a great primer about what to do if you fall through ice, at the Wired How-To Wiki, a collection of user-contributed instructions on how to do just about anything better. Anyone can add or edit the instructions listed there.

What to do if the ice breaks

Ala “Worst Case Scenario,” these are the four basics to remember if you fall through ice:

1. Don’t hyperventilate
2. Orient yourself
3. Lift and kick
4. Recover

The wiki goes into greater detail about each step - for instance, did you think about how you should get back to shore? You should “log roll” to keep your weight widely distributed.

Check it out, stay safe, enjoy the sun - and hang up the ice-fishing pole until next winter.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice 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
mailto:jreed@zifflaw.com http://www.zifflaw.com

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• 150 fishermen rescued from ice floe (msnbc.msn.com)

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The Elmira Police Department has a great new feature on their website that could make a big difference in how the public interacts with and perceives the department.

“Daily Activity Logs” allow anyone with Internet access to look at the last two weeks of Elmira Police Department incident records. The department has always had a daily activity log, a record of all incidents reported a 24-hour period beginning at midnight. With this new online service, the logs are available to view online for 14 days.

What’s on the log sheet

1. The incident blotter number - a reference anyone can use when calling the department to share information about the incident or to find out more.
2. The date and time the call was received.
3. Type of call - whether it was a traffic stop, a disturbance, larceny or other type of incident.
4. The number of the responding police unit.
5. The location of the incident.
6. This is very important - how YOU can report suspicious activity by calling 271-HALT or visiting www.271halt.com.

I applaud the Elmira Police Department’s effort to involve the public by sharing more information. Sharing these day-to-day details so quickly with the community will serve to make more residents a part of the effort to control crime in Elmira. Part of the department’s stated values is “achieving excellence in our services in our citizens through community-based, proactive policing.”

As Deputy Police Chief David Gardner said in the WETM story “New Elmira Police Service” (also pasted below), “Our community is our eyes and ears.”

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice 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
mailto:jreed@zifflaw.com http://www.zifflaw.com

New Elmira Police Service

Reported by: Naveen Dhaliwal
Last Update: 3/12 8:05 pm

ELMIRA - A new Elmira police web service will now allow you to keep a closer eye on what the department is doing.

There’s a new section on the police department’s website called Daily Activity Logs.

Every time an officer is sent to an incident they write a report or a log. Each log is assigned a blotter number. If anyone wants more information, they can request it through the police department using that number.

Officials say this service will reduce the workload for officers. They are also hoping people will step forward and provide more information to help their investigations.

“Our community is our eyes and ears. There’s usually between six and eight officers out there on the streets at any given time, but it’s a city, so we can’t be everywhere at the same time,” says Deputy Police Chief David Gardner.

The daily logs will remain on the website for two weeks.

You can find them at: www.cityofelmira.net/police/blotter.html.

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As the calendar flips to March, Daylight Savings Time is within sight, and the thermometer creeps above 50 degrees, thoughts of getting that motorcycle back on the road will turn to action.  Before you fire up that bike for the first time, please take a minute to consider your safety practices.  These safety tips could mean the difference bewteen coming home in one piece and not coming home at all.

We all know that riding a bike carries a few more risks than sitting behind the wheel of a car, but by applying a few simple strategies, we can reduce that risk significantly. I’m not here to preach; you’re going to do what you want anyway, and so you should. I’d just like you to do it safely.

1. BE VISIBLE

Wear bright clothing and a bright colored helmet, something that will draw attention to you and make you stand out.  This gives the guy who is talking on his cell phone about last night’s game a better chance of seeing you. If all drivers were as vigilant as the average biker you wouldn’t have to take these measures, but they’re not.  Always ride with your headlight on.

2.  WEAR A DOT APPROVED HELMET

Sure, those skull cap helmets look cool, but would you want to be wearing one if your brain depended on it?  Wear a properly certified, good fitting helmet and your chances of surviving a crash without brain damage will go up.  As mentioned above, consider a light or bright color.

3.  SPEED

We have speed limits for a reason.  Obey them, and your chances of coming home safely are increased.  Need another reason?  Not only will obeying speed limits get you home safely, but without speeding tickets you are also more likely to come home with your driver’s license and all your money in your pocket!

4. YOUR BIKE

Consider a tune up before the start of the cycling season to be sure that your motorcycle is in tip top shape.  Check your oil, tires, chain and brakes.  Immediately investigate any unusual noises.

5.  CLOTHING

As mentioned above, bright clothing is preferable, but I wasn’t referring to yellow gym shorts.  Wear clothing that protects you from harm.  You can never go wrong with leather.  A good pair of gloves, especially during the early riding season, will help keep your skin where it belongs.

6.  ALCOHOL AND DRUGS

It goes without saying that alcohol and drugs don’t mix with safe cycling, but it happens every year.  Those are usually the bikers getting scraped up off the road.  If you want to drink, take a cab.  If you want to ride, drink soda.  For everyone’s sake, please don’t mix the two.

7. RIDING AN UNFAMILIAR BIKE

If you bought a new bike in the off season, or are trying out a friend’s bike, take a little time to familiarize yourself with the handling before you get too carried away. Every bike is different, so even bikes of similar weight, size and style can handle differently.

8. AVOID RIDING TIRED

You need to have your full wits about you every second you are on your bike.  You may not be able to nap on your bike on the side of the road the way you can in a car, but if your eyelids are feeling heavy, consider stopping for a cup of coffee and a walk.T

9.  RIDING WITH A PASSENGER

Riding with a passenger can turn your beautiful-handling machine into a monster, especially if you’re not used to it. A passenger affects the balance, performance and handling of any bike.  Take it easy until you get used to the way your bike handles with a passenger on the back.  Also remember that every passenger is different; some will move and lean with you, while others will sit rigidly.  Which kind of passenger they are will also affect the handling of your bike.

10.  ANTICIPATION

Your most important defense against a collision is your anticipation. Try to anticipate trouble before it happens. Ride as if you’re invisible and expect cars to pull out in front of you, so that when they do you are mentally prepared and have adopted a good road position and speed to handle it.

Thanks for reading, and ride safe!

_______________________________
Adam M. Gee, Esq.
NY and PA Personal Injury and Malpractice Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

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It’s the top topic on every news channel - the current economic crisis. Every day you hear about more lay-offs, more businesses closings, more penny-saving advice and more worry over the stimulus package. I think everyone just wants to put their head down and get though this mess - hopefully holding on to their job, home and retirement savings in the process.

Don’t think I’m forgetting the topic area of this blog, but I just wanted to let you readers know about an important, informative - and free - event the Ziff Law Firm has coming up.

Attorney Matthew Hughson, who practices in the areas of Bankruptcy and Real Estate at the Ziff Law Firm, will be presenting two seminars, at  3 and 6 p.m. March 18th at the Steele Memorial Library in downtown Elmira, NY.

If you are facing financial difficulties, bankruptcy or foreclosure, it’s smart to learn from Matt’s experience in the field. He can explain the risks of seeking help from bankruptcy “professionals” who prey on people’s fears and uncertainty.  You run the risk of jeopardizing your long-term financial security if you rely on someone who is not qualified to deal with the legal issues surrounding bankruptcy and foreclosure. Matt will explain the legal strategies that are available to cope with with these financial hardships.

To make a reservation for the seminar on March 18, please visit the Events page on our website, or call toll-free at 1-800-943-3529.

I think it’s great that lawyers like Matt are helping people navigate these very rough economic waters.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice 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
mailto:jreed@zifflaw.com http://www.zifflaw.com

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A second peanut processing plant run by Peanut Corporation of America (PCA) has been shut down after Texas authorities discovered Salmonella in peanut products processed there.  Meanwhile, Stewart Parnell, president of Peanut Corporation of America, was subpoenaed to appear before Congress and testify concerning the involvement of his family owned business in this nation-wide Salmonella outbreak that has killed eight people and and sickened 600 more across 44 states, including one suspected case in Steuben County, NY.

PCA runs three peanut processing plants, in Georgia, Texas and Virginia.  The Georgia plant was shut down several weeks ago, followed by the Texas plant Monday after laboratory results showed salmonella in samples of roasted peanuts, peanut meal and granulated peanuts.  Additional analysis is needed to determine if the bacteria are the same strain of salmonella involved in the outbreak linked to the Georgia plant.

Federal Investigators have now expanded their investigation of PCA to include the Georgia plant.  Unbelievably, the Texas plant has been operating since 2005, totally unknown to government regulators. It was not registered with the state and had never been inspected by health officials. State and federal officials only learned about the plant after the Food and Drug Administration began their investigation into the Salmonalla outbreak.

Federal investigators say Peanut Corporation’s Georgia plant knowingly shipped products contaminated with salmonella on 12 occasions in 2007 and 2008. The company makes peanut butter for institutions such as nursing homes and schools, and processes peanut ingredients used by other food companies in products ranging from energy bars to candy to dog biscuits.

The full list of of recalled products can be found on the FDA’s website by clicking here.

Salmonella is a serious illness that can be fatal to children, the elderly, and those with a weakened immune system. It causes nausea, vomiting, fever, diarrhea and abdominal cramps.

If you think you may have contracted Salmonella from the tainted  peanut products you should see your doctor and be tested for Salmonella.   Testing will confirm both the fact that you have Salmonella (as opposed to some other intestinal illness) and also confirm that the strain of salmonella you have is the same strain indicated in this peanut product outbreak.

If you have a package of the recalled peanut products and believe you may have contracted Salmonella DO NOT THROW IT OUT!!! Instead, secure the package so that no one else will consume it, attempt to locate your sales receipt showing your purchase of the contaminated product and consult legal counsel immediately.

The Ziff Law Firm will be accepting salmonella cases related to this peanut product recall, as we have in previous food-borne illness cases.

Thanks for reading,

Adam M. Gee, Esq.

NY and PA Personal Injury and Malpractice Attorney
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William Street
Elmira, NY 14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

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