The confusion and lack of information regarding application for successful approval for disability benefits has spawned lots of misconceptions about the whole disability benefits process. That is why most of the people hesitate to even file a claim even if they are qualified. For those claimants who have diminished trust with the system, this article may be worth reading.

Many are led to believe that the SSA automatically denies all applications the first time. To answer that myth, there is no regulation or policy that controls the SSA disability system in such a way that all initial applications get automatically denied. It is a fact that 60 to 70 percent of these applications get denied, but only because claimants never realize what they should do to improve their chances of winning the benefits. More so, claimants do the mistake of filing new applications in response to claim denials instead of appealing.

Another myth surrounding social security is that the SSA denies disability claims often in order to save government money. Definitely this is not true. Disability examiners use specific policies in relation to quality control for approving and disapproving claims so as to make sure that the decisions do not get corrected once the finished cases get screened for final approval. More often than not, disability examiners tend to be quite unyielding whenever they wish to approve a claim, for worries that returned cases for corrections may affect their job performance. The effect therefore is that quality control has an impact on the number of disapproved cases. It is simply unintelligent then to think that the government attempts to save money by denying rightful claims.

There is another misconception though regarding the age at which you applied for your disability claim. There is no general ruling for any age limit at which a claimant may get approved for disability. It is just more favorable for older people to win SSI benefits, but generally, a claimant's case is decided on the substantiality of the medical evidence presented, and the capacity of the person to return to his past work, or to be engaged in some other types of work.

People may only understand so much about the intricacies of the whole system. But if you really are pursing a claim and wants to be sure of all the right information about its procedures, it is a sound advice then to seek assistance from a legal representative or attorney.

By: John Luke Matthews
John Luke Matthews is a regular contributor of relevant articles about the jurisprudence of social security. He is part of the Mesriani Law Group and is currently taking information technology studies as well. Our Los Angeles law firm have expert attorneys that handle cases for personal injury, employment and social security disability. Please visit our website at expertlosangelesattorney.com.

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Purchasing an existing business can be a very rewarding endeavor. The first thing that comes to mind about purchasing an existing business is the avoidance of “start-up” costs. The initial costs of creating a new business can be staggering, in addition to the costs for advertising that new business, with no guarantee of a return on your investment. The existing business, however, will have a track record that you can look at as far as income and expenses. While previous performance is no guarantee, it at least gives you a ballpark reference as to what you can expect.

There are many legal considerations when purchasing an existing business. First and foremost is to know exactly what you are purchasing. Are you purchasing the entire business and all of its components, or are you merely purchasing the assets of the business? This is an important issue because you want to make sure that you are not purchasing another person’s mistakes. If you are purchasing the entirety of another business, you may be assuming responsibility for all of that business’ debts and liabilities, known or unknown. For that reason, we usually recommend that the purchase only include the assets of the existing business. There are exceptions to this rule which are based upon the size, goodwill and standing of the existing business, but that is to be considered on a case by case basis.

When making an Asset purchase, it is extremely important to set forth in writing exactly what the assets are, so there is no confusion after the transaction closes. Make a list of the physically identifiable assets, i.e. the copy machine, the customer list, the desks and chairs, etc... You should also make a list of the intangible assets, i.e. the phone number of the existing business. The failure to consider the exact assets included in the purchase account for many of the business transaction claims that are brought into my office.

The next legal consideration regards the type of business that you are purchasing. Whether it’s a Pizza shop or an Insurance business, you want to make sure that the Seller will not open up a similar business right next door to the business that you are purchasing. This is where a Covenant Not to Compete is essential. Almost every type of business purchase transaction should include such a covenant. The Covenant Not to Compete should prevent the Seller from doing many things, including opening a similar establishment, using client or customer lists of the established business, hiring employees of the existing business or advising others to use a competing business. These Covenants are typically limited in time and location. If the Seller is unwilling to enter into such an agreement, the business may not be worth purchasing.

Take the time and effort to consult with your local attorney if you are considering purchasing an existing business. It may save you thousand of dollars and hours of time in the long run.

By: Greg Artim
Greg Artim is an Attorney based in Pittsburgh Pennsylvania. For more information on related legal issues, please visit his website at http://www.gregartim.com.

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When the government takes property for expanding roads, property owners must know their legal rights. Why should convenience store owners take particular note? Location. Because most convenience stores are located along high-traffic roads, they are often subject to road-widening projects that result in eminent domain takings. Because of this risk, convenience store owners must know their eminent domain rights to ensure they receive full compensation.

The Triggering Effect
When you think of "eminent domain" you probably think of the government taking all of your property. However, most eminent domain cases involving convenience stores are "partial takings," with the government taking only a portion of your property, such as a strip taking or destroying a driveway. In such instances, the government's taking could significantly affect access, parking space availability or internal traffic flow.

Convenience stores profit from being convenient. The ease with which customers can enter, maneuver within and exit your property is crucial to your success. For example, suppose the government takes a small section of your property that limits access to your gasoline pumps. This seemingly small inconvenience results in you losing money—not only gas pump sales but also convenience store sales from gas customers. This is a triggering effect, where a small taking triggers substantial damages to your business.

The Government Versus Local Ordinances
Convenience store owners are taking a gamble if they accept the government's initial purchase offer. The government's first offer is typically low because the government rarely knows how your business operates. Therefore, it is important to have an eminent domain attorney evaluate your case. Eminent domain attorneys work with the owners, appraisers, market researchers, engineers, land planners and certified public accountants to comprehensively assess the damage to a business from the taking. Having experts on your side will also ensure that if there is a taking, proposed modifications to the property comply with local government regulations. This is important because the U.S. Department of Transportation (DOT) cannot dictate or control local government. Often, a taking authority assumes that a city-required setback or landscape buffer can be waived. For example, the DOT may premise its offer on the implementation of a five-foot landscape buffer, when in reality the city requires 10 feet. When the 10-foot buffer is applied, it causes a loss of two additional parking spaces, which substantially increases the damage to your business. If an owner accepts the DOT offer without checking, the DOT will close the case and leave you to resolve the noncompliance issues with the city.

Partial Taking, Significant Effect
States vary on whether they pay expert's and attorney's fees in eminent domain cases. Regardless, it is worth having experts evaluate a taking's impact to your property. Consider a case in Vero Beach, Florida, involving the Best Car Wash on U.S. Route 1. Due to a road widening, the Florida Department of Transportation (FDOT) took a small strip along the front of the property, offering the owners $76,000 in compensation.

Even though only a small strip of land was taken, the taking substantially affected the car wash. After the taking, large cars could not turn out of the main carwash bay and access the convenience store. The FOOT believed the owners could obtain a variance from city setback requirements so there would be more room to make the turn. However, under the city code, the owners had no legal basis to obtain a variance. After the issue was brought to light, FDOT decided to provide an additional driveway to avoid paying $1 million in damages because the carwash could not operate as FDOT planned. The owners chose the additional driveway over the money because it allowed them to stay in business.

Window of Opportunity
Evaluating eminent domain cases is important because a convenience store owner has only one chance to capture the damages from the taking. When an owner settles, it is a done deal even if the owner later realizes the damage is worse than originally thought. It is important to identify an eminent domain attorney so you will be ready if faced with a government taking. By knowing your eminent domain rights, you can ensure you obtain full compensation under the law.

By: Prineet Sharma
Prineet D. Sharma is a founding partner of the law firm of Harris, Harris, Bauerle & Sharma. He can be reached at (407) 843-0404, prineet@hhbslaw.com, or online with other Florida eminent domain attorneys at http://www.hhbslaw.com.

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The truth is, most family law lawyers don't have a firm grasp on the tax consequences of divorce. One reason we went to law school instead of to medical school was because we didn't want to take the extra math classes. Instead, hoping to leverage our talents for writing, negotiating and public speaking we decided to enter into one of the most litigation intensive specialties within the law.

Still, these lawyers can provide effective representation for their clients. The reason is that most opposing attorneys are of the same mindset. This mindset is; "I am a family law attorney and if my client needs tax advice they should seek the advice of a tax professional." This is good advice, but seldom clients actually abide by it.

The tax consequences of a divorce can have a tremendous impact on the actual (as opposed to stated) value each side receives in a property division or support order. This leaves those lawyers with an understanding of tax law in a superior bargaining position. The following article will discuss a couple areas where family law and tax law intersect.

Support Orders

The bargaining chips here are the exemptions and filing status. Exemptions are a tax deduction so they are a benefit for the spouse receiving them. Two ground rules to keep in mind is that a custody split should never be 50/50, (because neither party will get the exemption) and the court can't order parties to take a particular filing status.

The advantages of taking certain tax positions can be analyzed by the DissoMaster software. Once the exact benefits to both sides are calculated, the negotiating begins. Generally, the tax deductions should be negotiated towards allocating them to the higher earning spouse. In that way both spouses collectively pay fewer taxes. Another result is that the higher wage earning spouse has a higher net income which will result in a larger order of support to the receiving spouse. All of this is, of course, is negotiable and can even be conditioned on certain events. For example, an agreement might have a provision that Wife sign the IRS form allocating the exemption to husband by January 15th each year, provided that she receive increased spousal support of a certain amount. These tax aspects can have a major impact on a client's future finances and should be a point of negotiation.

Property Division

This is an area where a basic understanding of tax law is crucial to obtaining a fair result for the client. Family law courts have two fundamental rules here:

1)The court does not take tax consequences into account when determining value

a.Example: If you are awarded the family residence and plan on selling it after the divorce, the court will not reduce the value it puts on the house just because you will have to pay taxes on the gain from the residence

2)Pursuant to IRC 1041, property transfers subject to a divorce are not taxed

a.Example: If you sell your interest in the family home to your spouse, you will not be taxed

California community property law states that each spouse shall get an equal share of the community property. This can be more complex than it seems. As an example, let's say that we are awarding stock to Wife with a fair market value of $200,000 and we are awarding husband cash from the community bank account equaling $200,000. While this might seem equal, it probably is not. The stocks are subject to taxes, either a loss or a gain. If Wife has to pay taxes on $100,000 of the stocks when she sells them, she has gotten the short end of the stick.

Calculating Loss or Gain

The loss or gain for tax purposes on any property is equal to the selling price minus the basis. Basis is the purchase price of the asset, plus improvements, plus fix up costs, minus depreciation and deferrals. Obviously it can get complicated trying to figure out all these factors, so attorneys need their clients to take an active role in providing this information.

The situation gets even more complex when dealing with pensions. Pensions have early withdrawal penalties and other serious tax implications for divisions.

Also, a loss or gain may be avoided entirely with some estate planning. For example; if the spouse was awarded the residence and lived in the residence until his or her death, then the basis for whomever he or she willed it to, would be the fair market value at the time of the transfer.

Solutions

How can you split everything equally when you are comparing apples and oranges? One way would be to take the King Solomon approach and divide everything in half, giving each side half an orange and half an apple. Sell the house and divide the proceeds. Each spouse takes half the stocks. If the pension or IRAs are unequal, roll some over from wife's IRA to husband's IRA or vice versa to make them of equal value.

However, the best course of action for clients is to hire an attorney that has a basic understanding of the tax implications of divorce. Clients can test prospective attorneys in this regard with a few preliminary questions during the initial consultation. An attorney with this basic understanding can save clients lots of headaches down the road.

By: Antonio Fricano
Antonio J. Friacno c/o Law Offices of Donald P. Schweitzer 201 South Lake Avenue Suite 700 Pasadena, California, 91101 626-683-8113 http://www.PasadenaLawOffice.com.

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