P.I.S.S.D. -- Personal Injury, Social Security Disability. Dallas Texas Lawyers

Texas May Actually Punish Uninsured Motorists (Finally)

As reported in today's Dallas Morning News, Texas may actually start getting serious about punishing uninsured motorists. Of course, I'll believe that when I see it happen.

For many years, it has been against the law to operate a motor vehicle in Texas without complying with the financial responsibility act — basically either showing proof of liability insurance or putting up a bond to be self-insured. But that law has never been vigorously prosecuted, and there has been no state-wide effort to identify uninsured motorists and get them off the road. Why? Because the auto insurance companies have always been opposed to mandatory insurance, and in Texas the insurance companies control the Legislature and the courts.

Auto insurance companies make high profits for the same reasons health insurance companies do — they insure only the cream of the crop, unless forced to do otherwise by law. So auto insurance companies are perfectly happy to insure only the people who are rich enough to easily afford insurance and who are responsible enough to buy it. As for the poor and/or irresponsible drivers, the carriers would much rather not be burdened by insuring them. Here are excerpts from the newspaper article:

Three years after the Legislature passed a law to crack down on uninsured motorists, the number of drivers caught without insurance coverage under the 2005 statute is exactly – zero.

Start-up of the new insurance verification program has been snagged by initial delays in hiring a private contractor to create a database, differences among state agencies responsible for implementing the law, worries that some data may be inaccurate and doubts about the program by the insurance industry.

The program, funded with an annual $1 fee paid by all Texas drivers when renewing their vehicle registration, aims to create a database for police officers, state troopers and vehicle inspection stations to instantly verify whether a motorist has the minimum coverage required under state law. The database would be set up with information provided by insurers.

An estimated one in five Texans drives without insurance, costing insured motorists an extra $1 billion a year for protection against uninsured drivers. State officials say they are aiming to launch a pilot program in June.

One group that lobbied for the law was MADD [Mothers Against Drunk Driving] of Texas, which argued that the average drunken driver is less likely to have insurance than other drivers.

"The need for this law has not changed in the past three years. In fact, it has probably gotten worse," said Bill Lewis of MADD-Texas. "There are probably more uninsured people today than when the law was passed."

Between 3 million and 4 million of the state's 16 million drivers are uninsured, according to state officials and the insurance industry.

"We have never supported any sort of compulsory auto insurance, particularly one open to inaccuracies when using a database," said Jerry Johns, president of Southwestern Insurance Information Service, an industry group.

"We will abide by the law and will certainly cooperate with the Texas Department of Insurance and other agencies involved. But we are concerned that if mistakes are made in the new system, it is the industry that will be blamed, and that's not the way it should be."

Although Texas has had a financial responsibility law requiring drivers to buy insurance for several years, enforcement has been difficult even though proof of insurance must be furnished to get a license renewal or safety inspection.

Millions of motorists skirt the law by using counterfeit proof-of-insurance cards or by obtaining a month's coverage of insurance to get an ID card, only to cancel the policy once they get their licenses renewed or their vehicles inspected.

Under the state program, a driver pulled over for a traffic violation or involved in an accident will still be asked to produce proof of insurance. But the officer also will run the license plate of the vehicle through the insurance database to determine whether the driver has insurance.

The state also will contact drivers without insurance by mail, warning them of the consequences for not having an insurance policy.

Featured Link - FoodSafety.gov

There have been so many food recalls lately that some of us are losing weight just worrying about the safety of what we eat. The federal government has a site filled with information about food safety. There's lots of good stuff here. Here's the description from the site:

FoodSafety.gov is a gateway website that provides links to selected government food safety-related information. Not every government web site is listed. When more than one government web site provides similar information, links will be provided to only one or two of those sites. Individuals with different backgrounds review all potential sites for inclusion on the FoodSafety.gov web site. This web site is part of the National Food Safety Information Network. It is maintained by FDA's Center for Food Safety and Applied Nutrition.

Featured Link - Internet Crime Complaint Center

The federal government has a Web site where you can report all those Internet scam e-mails you get every day. Not that it will do any good, but maybe you'll feel better after complaining. Here's the explanation from the Internet Crime Complaint Center:

The Internet Crime Complaint Center (IC3) is a partnership between the Federal Bureau of Investigation (FBI), the National White Collar Crime Center (NW3C), and the Bureau of Justice Assistance (BJA).

IC3's mission is to serve as a vehicle to receive, develop, and refer criminal complaints regarding the rapidly expanding arena of cyber crime. The IC3 gives the victims of cyber crime a convenient and easy-to-use reporting mechanism that alerts authorities of suspected criminal or civil violations. For law enforcement and regulatory agencies at the federal, state, local and international level, IC3 provides a central referral mechanism for complaints involving Internet related crimes.

The site does have a good section on Internet crime prevention that is well worth reading.

Average Processing Times For Social Security Disability Claims

The list of the most recently available average processing times for Social Security disability claims throughout the nation has been published by NOSSCR. The Dallas and Forth Worth offices rank closer to the top than to the bottom, but processing times across the country are abysmal and unfair to claimants.

The times as of the first of March 2008 range from 258 days in Harrisburg, to 816 days in Indianapolis. Fort Worth ranks 43rd out of 143 offices, with an average processing time of 405 days. The North Dallas office ranks 57th, with an average processing time of 437 days, and the Downtown Dallas office ranks 66th, with an average processing time of 460 days.

Government Now Helps Patients Compare Hospitals

The U.S. Department of Health & Human Services has just published a Web site that allows citizens to compare patient satisfaction with various hospitals. The site was described in a Dallas Morning News article today. Here are excerpts:

For the first time, the agency that runs Medicare and Medicaid posted online information (at hospitalcompare.hhs.gov) about patients' satisfaction with their care at particular hospitals. Most hospitals in the Dallas-Fort Worth area are included.

The information about hospital staff responsiveness, pain management, cleanliness, communication about taking medications and what to expect after discharge came from a 27-question survey that more than 2,500 hospitals around the country gave to adults sent home between October 2006 and last June.      

The goal was for each hospital to survey at least 300 patients, though some surveyed many more, said Herb Kuhn, the acting deputy administrator of the Centers for Medicare and Medicaid Services.

The patient data joins other information already available on the site comparing how hospitals perform on various treatments for heart attacks, heart failure, pneumonia and surgery.

"The ... data provides just one of many perspectives that a consumer can use when they assess with their physician what the right hospital is for their care," said Steven Campanini, spokesman for Dallas-based Tenet Healthcare Corp.

"Many factors go into selecting a hospital."     

American Hospital Association president Rich Umbdenstock hailed the emergence of "a much more balanced scorecard for the public."

He said it will help hospitals improve care and customer service.    

In the health care industry, Mr. Leavitt said, there's no way for consumers to compare prices and judge who's good.      

Though banks and airlines have adopted standard measurements for consumers to use, together with easy-to-use Web sites, health care providers have not, he said.

The survey and the other online information announced Friday are a step toward giving consumers the same kind of measurement for the health care industry, he said.

Social Security Administration Hires New Administrative Law Judges

Michael J. Astrue, Commissioner of Social Security, announced this week that the agency has begun making offers to 144 of the 175 new Administrative Law Judges (ALJs) it will hire this fiscal year. Due to litigation and budget cuts, the agency has about ten percent fewer ALJs than it did a decade ago. During that same time, the number of cases waiting for a hearing decision has more than doubled. Here is the complete press release from the Social Security Administration:

Social Security Offers Positions to 144 Administrative Law Judges

New Hires a Key Step in Reducing Agency’s Backlog of Disability Cases

Michael J. Astrue, Commissioner of Social Security, today announced that the agency has begun making offers to 144 of the 175 new Administrative Law Judges (ALJs) it will hire this fiscal year. Due to litigation and budget cuts, the agency has about ten percent fewer ALJs than it did a decade ago. During that same time, the number of cases waiting for a hearing decision has more than doubled.

“The hiring of these new ALJs is a critical step in our plan to reduce the backlog of disability cases,” Commissioner Astrue said. “They represent one of the largest investments in ALJs this agency has ever made. When these ALJs are fully-trained, and combined with the other steps we are taking, we will be able for the first time in this decade to reduce the number of cases waiting for a disability hearing. I can hardly wait for them to start.”

The new ALJs will be brought on board in phases with the first hires reporting for duty in April, when they will begin an intensive orientation and training program. While initially handling a reduced docket, newly hired ALJs should be scheduling a full docket of cases by the end of the year.

“I have been very impressed with the caliber of the candidates eager to take on the challenging role of a Social Security ALJ,” Commissioner Astrue noted. “These new ALJs are top-notch legally and comfortable working in an electronic environment, which is of utmost importance as we strive to increase the efficiency and productivity of our ALJ corps.”

Hiring of additional ALJs is only one component of the plan the agency has put in place to reduce the backlog of disability cases. The agency also continues to make progress in many other areas including opening the National Hearing Center, completing the nationwide roll-out of the Quick Disability Determination process, implementing compassionate allowances and eliminating aged cases. More information about Social Security’s plan is available at www.socialsecurity.gov/disability under the heading What’s New.

“In May of last year, I presented Congress with a detailed plan to reduce the backlog of disability cases,” Commissioner Astrue said. “I am pleased to report that, with the strong support of the President and Members of Congress from both parties, we have been able to move forward with that plan. I urge Congress to continue its support with timely action on the President’s fiscal year 2009 budget request for Social Security. A delay in fully funding the President’s request will undermine the many positive steps we have taken this year.”

Tips On Preventing Identity Theft

The Federal Trade Commission has some excellent information on their Web site regarding identity theft -- how it happens and how you can help prevent it. Here are a few excerpts from the government's site:

FIGHTING BACK AGAINST IDENTITY THEFT
Identity theft is a serious crime. It occurs when your personal information is stolen and used without your knowledge to commit fraud or other crimes. Identity theft can cost you time and money. It can destroy your credit and ruin your good name.

Each year, millions of Americans have their identity stolen. The Federal Trade Commission, the nation's consumer protection agency, wants you to have the information you need to protect yourself against identity theft. This information is summed up in the FTC's clear and concise message on identity theft: Deter, Detect, Defend.

DETER identity thieves by safeguarding your information
DETECT suspicious activity by routinely monitoring your financial accounts and billing statements
DEFEND against ID theft as soon as you suspect a problem

Here are examples of ways the FTC says you can take the first step -- DETER identity thieves by safeguarding your information.

• Shred financial documents and paperwork with personal information before you discard them.
• Protect your Social Security number. Don't carry your Social Security card in your wallet or write your Social Security number on a check. Give it out only if absolutely necessary or ask to use another identifier.
• Don't give out personal information on the phone, through the mail, or over the Internet unless you know who you are dealing with.
• Never click on links sent in unsolicited emails; instead, type in a web address you know. Use firewalls, anti-spyware, and anti-virus software to protect your home computer; keep them up-to-date. Visit OnGuardOnline.gov for more information.
• Don't use an obvious password like your birth date, your mother's maiden name, or the last four digits of your Social Security number.
• Keep your personal information in a secure place at home, especially if you have roommates, employ outside help, or are having work done in your house.

Library Of Congress Photo Collection

I'm sure there must be a legal application for this, but you'll have to figure that out on your own. For me, the photographic collection from the U.S. Library of Congress is just interesting.

Baby Boomer Retirement - What Effect Will It Have On Social Security Solvency?

(This post was written for inclusion in the upcoming Facing Up blog carnival on Social Security.)

What effect will aging Baby Boomers have on the Social Security retirement and disability programs? Huge might be an understatement. The Baby Boom generation is defined as those roughly 80 million Americans born between 1946 and 1964. The first of the Baby Boomers began to turn 62 in January of 2008. That, of course, is the early retirement age for Social Security benefits. The Social Security Administration predicts that about a million Baby Boomers will take early retirement, even though their monthly checks will be 25 percent lower than if they waited until the normal retirement age of 66.

As "Boomers" begin to retire, the effect on the Social Security system will be twofold – first, there will be more retirees receiving benefits. Second, there will be fewer workers paying into the system to support those retirees. Boomers didn’t have as many children per family as our preceding generation did. We had about two children per family, compared with three children per family in our parents’ generation. So we didn’t produce as many new workers to support the old workers now retiring.

In fact, experts say that we have gone from about 16 workers paying into Social Security for every person drawing benefits in 1950, to a little more than three to one today. In a few more years we’ll be down to about two to one. This is not guesswork. We absolutely know how many new adult workers we will have 20 years from now, because they have already been born. We’re not going to have a sudden, unexpected increase in the number of workers. (Unless we have a major change in our immigration laws.)

Economic predictions are all over the map on this, but one guesstimate is that about the year 2017 the Social Security system will start to see that incoming payroll taxes aren’t enough to match outgoing retirement and disability benefits. The timing is less important than the inevitability of the event. Every year from 2008 until 2025 will see another wave of Boomers retiring. Somewhere during that time span, the benefits will outgrow the income.

That doesn’t mean the system will collapse at that time, because there’s enough money in the Social Security Trust Fund to carry us for another 20-25 years beyond the point at which benefits begin to outweigh income. Or at least there is supposed to be money in the Social Security Trust Fund. Unfortunately, the politicians have been raiding that fund for years, and it now consists primarily of IOUs from the federal government.

When the Trust Fund runs out of money, that’s when the crunch will come. Politicians will have to make some difficult decisions – increase taxes, decrease benefits, or both. We all know that politicians are loath to make hard choices, but it’s going to have to be done. And really, it won’t take all that much of a change to get the Social Security system back in balance.

But an even bigger problem will be the Medicare and Medicaid crisis looming ahead of us. These programs face not only the demographic changes the aging Baby Boomers present, but also the runaway inflationary costs of medical and pharmaceutical care. The Medicare shortfall could be roughly five times as large as the Social Security shortfall. That should well and truly frighten you.

Some estimates are that by the year 2040, Social Security and Medicare will consume as much as 60 percent of income taxes collected. The remaining 40 percent of tax revenue would have to finance all the rest of the federal government.

My own, uneducated, guess is that Congress will not significantly reduce benefits for people already receiving Social Security retirement benefits, but will probably have to make major changes to Medicare and thereby reduce medical benefits. I suspect the government will also tighten rules even more on disability benefits, and try to save money by denying obviously qualified Social Security disability applicants.

The future is not hopeless for Social Security and Medicare but it’s certainly not rosy. Big changes are coming, and the sooner they come, the better off we’ll be. The question is whether Congress and the Administration will have the political willpower to deal with the tidal wave on the horizon or whether they will hide their heads in the sand, as usual.

DOT Finally Adopts Tougher Standards In Side-Impact Crashes

After many years of lawsuits by plaintiff lawyers against auto manufacturers for improper and inadequate side-impact protection, the Department of Transportation has finally taken steps to mandate higher passenger safety. Better late than never. Here is the DOT statement:

U.S. Transportation Secretary Mary E. Peters today announced new side impact safety requirements for all passenger vehicles. It is expected that the upgrade, developed by DOT’s National Highway Traffic Safety Administration (NHTSA), will save hundreds of lives every year. The new standard requires auto manufacturers – for the first time ever – to provide head protection in side-impact crashes. It also would enhance other protections for passengers involved in such crashes.

"This new standard will spare hundreds of families from losing a loved one in a side- impact accident, and will forever raise the bar on safety for drivers and passengers across America,” Secretary Peters said.

Side-impact passenger vehicle crashes are a serious – and frequently severe – safety problem on the nation’s roadways. Side impact crashes account for 28 percent of all fatalities, the majority of which involve a brain injury. NHTSA estimates that the new requirements will save over 300 lives and prevent nearly 400 serious injuries per year.

For the first time, a dummy representing a small adult female will be used in side-impact performance testing. A new and more technically advanced dummy representing an adult male of average height will also be used in crash testing.

"With these rigorous new requirements, we are building on the strength of innovative and life-saving side impact technologies that are already available to many new car buyers,” NHTSA Administrator Nicole R. Nason said.

While NHTSA does not require specific technologies to meet its new performance requirements, manufacturers likely would meet this upgraded rule with various types of innovative head, chest and pelvis protection systems, such as side curtain air bags and thorax air bags.

Issued today by NHTSA, the new rule will require that manufacturers begin equipping all vehicles with improved side-impact protection that meets the federal standard, beginning with a phase-in schedule that starts in 2009.