In general, there are four levels of appeal that is approved by the Social Security Administration (SSA). The first one is the reconsideration, the second one is the administrative hearing, the third one is the appeals council review, and the fourth one is the federal court recap.

The abovementioned levels are extensively explained in the succeeding paragraphs. They should be checked out by those who want to become acquainted with such legal matters.

It should be noted also that the aid of social security lawyers in the mould of Ventura lawyer practitioners can be quite handy in any of the said levels of appeal.

Reconsideration

The reconsideration process includes a thorough review of a claimant’s application by SSA personnel who did not participate in the earlier decision. Individuals who are assigned to handle the said task will analyse existing and new evidences with utmost strictness. They will perform it with utmost strictness to make sure that nothing will be left unaccounted.

A vast majority of reconsideration reviews are performed without the presence of the claimant. On the other hand, if the said individual is requesting for an appeal of a decision where he/she has become ineligible for disability insurance because of health condition issues can set a meeting with SSA personnel to state his/her reason or reasons for eligibility.

Administrative Hearing

If a claimant still disagrees with the decision that has made in the reconsideration procedure, he/she can ask for an administrative hearing. The said legal process will be conducted by an administrative judge. Similar to the reconsideration stage, the judge who will handle the case did not partake in the first decision or in the reconsideration process.

With regard to the hearing, it will be done within 70 to 75 miles of the claimant’s place of residence. The administrative judge will send a notification with regard to the place and time of the administrative hearing.

The claimant and his/her representative (if there is any) are encouraged to attend the hearing to clarify their case in person. They may refer to the data that they submitted and submit additional evidence that they have in their possession.

The administrative hearing is crucial that is why it would be wise to have a social security legal expert that is in the mould of Ventura lawyer practitioners.

Appeals Council

If the claimant still does not agree with the decision in the administrative hearing, he/she can end an appeal to the SSA Appeals Council. Afterwards, the said governing body will look at the submitted request for review.

Those who submit re-application in Appeals Council should not rejoice because there is a possibility that their request for hearing will be junked. This will happen if the mentioned governing body believes that the decision in the administrative council was correct.

Assuming that the Appeals Council votes to deny the claimant’s request for review, its personnel will send documents explaining the reason for the denial. However, if the Appeals Council decides to push through with the review, the case will be re-sent to the administrative more extensive and more systematic reviews.

Federal Court

The last level of SSA appeals is through the intervention of the federal court. If the claimant disagrees with the decision of the three governing bodies that are mentioned above, it is his/her legal right to file a law suit to the nearest federal court.

The claimant should also send the SSA letter that extensively acknowledges the action of the Appeals Council. This is important because the information on the said letter play essential roles in a claimant’s case.

Conclusion

As mentioned above, claimants who do not agree with a social disability decision should not lose hope because there is still hope for them. This is because they can send their appeal to the Reconsideration Body, the Administrative Judge, the Appeals Council, and then the Federal Court afterwards.

It should be noted the whole process can be legally challenging. For this reason, ordinary individuals need the help of legal experts that are as knowledgeable and experienced as Ventura Lawyer practitioners and other reputable legal personnel.

While the employment of such experts may translate to additional expenses, claimants should bear in mind that it is a worthwhile and notable investment that has many endless benefits.

Furthermore, getting the right one is easy because interested individuals can easily perform background checks via the Internet and then interview potential candidates. This means that they do not need to leave their home to review the credentials of the personnel that they need.

First off, they will find that this will allow them to control their spending much better. Many times when people take the lump sum, they are going to find that they spend it all within a record amount of time and then are left with nothing. With a structured settlement the person receives the payments each and every month, and they can put this in as additional income in their lives and control just how much of this that they are saving or investing.

In addition, the person will find that they are going to avoid the heavy taxes that come along with accepting a lump sum rather than the structured settlement. With a lump sum the person will find that they are going to have to pay taxes on the whole amount, rather than the adjusted rate for what they are getting. With a structured settlement, most if not all the taxes are not applied, thus the person gets this money free and clear. This is something that is going to encourage a lot of people to accept the structured settlement.

Choosing the structured settlement is something that the person should seriously consider. They are going to find that with this option their lives will be better since they are also going to have this extra money coming into their home. Otherwise, they may find that they end up losing it all, even though this is something that was coming to them in the first place. Those that frequently accept the lump sum later regret this decision since they end up paying more for the money and they run out of it faster. However, if the person ever changes their mind about this, they can go ahead and get the structured settlement paid to them in full, though it will involve hiring a lawyer.

Look at strategiccapital.com for more information.

POP is fairly common these days and occurs often after childbirth. About thirty to forty percent women suffer from this problem.

Warning from the FDA

Although Transvaginal mesh came as a treatment for POP an SUI, FDA found some complications like infection, mesh erosion with this treatment and thus experts have been warning since 2008 while practicing such treatment. Transvaginal mesh also leads to an inability to engage in sexual intercourse.

This was the earlier concept but recently FDA found that the above complications are not rare but can cause higher risk than the traditional treatment. FDA also studied that these mesh related problems are enervating and it is not possible to completely remove the mesh. Warnings are also given to patients under this treatment on how to remove mesh devices through multiple surgeries.

At The Law Firm of Alton C. Todd, the Transvaginal mesh injury Lawyer Houston also found following complications with transvaginal mesh products:

• Vaginal mesh erosion (i.e. Also called as exposure protrusion or extrusion)
• Pain
• Vaginal tissue erosion
• Abscesses
• Fistulas
• Infection
• Bleeding
• Urinary problems
• Perforations of  bowel, blood vessels or bladder
• Recurrence of the pelvic organ prolapse and/or SUI (stress urinary incontinence)
• Vaginal scarring

The consumer advocacy group PUBLIC CITIZEN has recently called the FDA and other manufacturers of Transvaginal mesh to stop manufacturing these devices while the FDA reevaluates the latest data regarding these devices. For these devices to remain in market in future FDA suggested the manufacturers of such devices to take required and necessary measures regarding safety on use of these products. Some of the world’s largest manufacturers of these products include Jhonson and Jhonson, American Medical Systems and Boston Scientific.

Houston Personal Injury Support

Transvaginal Mesh Injury Lawyer Houston has helped hundreds of women suffering from such trouble. They represent their clients from Texas and throughout the nations. Anyone who is suffering from these problems or whose loved ones are undergoing such trouble could get free consultations regarding their problem by contacting Houston personal injury attorneys through email or call toll free.

For anyone who is in the lucky position of having an income which is providing them with enough money to pay all their bills and then have some left over, investing is a great idea for keeping that money safe for your future. As well as keeping the money in savings, investing can also help you to earn more through that money and boost your future savings every year. There are many different kinds of investment and, for first time investors; the prospect of putting your money into something that you may not fully understand can be scary and daunting. There are some investments that hold significant risk, even though they may offer the chance of a very high return. At the same time, there are many investments that offer long term rewards for very little risk and you can feel safe and secure that your money is being well looked after. One of the most important aspects of investing is to make sure you are aware of the legalities and details of the agreements and that everything you are investing in is all legal and organized. Here are some legal tips that all first time investors should know.

Annual Balance – Always make sure that you sit down with an expert and rebalance your investments every year. This is best done at the same time as you are going through your taxes which are also done annually. Doing this will help you to ensure that everything is legal and being done properly, while at the same time you can check any tax benefits that may be associated with your particular investments.

Hidden Fees – Before signing any of your hard earned money away you should always make sure that a professional legal expert has looked over the contract and check all the small print that is involved. There are many hidden fees that you can encounter when investing and it is important to take these into consideration before purchase so that you are aware of what your overall expected profit will be. If you have a fund manager then you need to look over their contracts carefully so that you are fully aware of what their percentage return is and how that affects your overall portfolio projection.

Take Advice – Always listen to the market experts and make sure you listen to their experiences, knowledge and expertise. If someone gives you a hot tip about a good investment, make sure not to put all your eggs in one basket and keep a balance of different investments which will lower your risk and maximise performance.

Whatever your investing goals may be, they are sure to be a benefit to you and your family in the financial security of your future. By simply getting a legal professional to check over all documentation relating to your investments and taking any advice they have to offer, you will have a good solid start to your portfolio and prevent any scams or bad investments from coming your way.

About the Author: Naomi Chamberlain writes for howtotradecommodities.co.uk who provide a range of advice for people learning to trade commodities.

Hire an Honest Attorney

Contrary to popular belief, not all lawyers are crooks. Despite the ideas that many people hold regarding the legal profession, there are a higher than average number of attorneys that aren’t in the occupation strictly for the money. Talk to friends and family that have utilized the services of a lawyer and get reviews. Chances are if your friends and family were highly satisfied, you will be as well.

Be Prepared and Concise 

Litigation attorneys bill for their time. If you have an upcoming meeting with your attorney, write down questions that you have and gather any pertinent documents. The more prepared you are, the less time your attorney will need to spend pulling information out of you. The same can be said of phone calls. Don’t call your attorney every five minutes with questions. Jot down questions as you have them and phone your attorney less often. You’ll save money this way.

Do It Yourself

There are many things you can do on your own that your lawyer will charge you for. Obtain medical records, legal documents, titles and so forth on your own. These documents are available to both you and your attorney though it will be far less costly for you to gather them yourself. Remember, your attorney will bill you for any time spent researching on your behalf.

Keep Records

If you have a phone conversation with your attorney or any type of meeting, keep track of the time spent. When you get your bill, compare it against your records. Any discrepancies should be brought to your attorney’s attention.

Ask for Payment Plans

Some attorneys expect their fees to be paid within a certain length of time but many will allow you to pay, for example, $200 a month for as long as it takes. Ask the attorney you plan to hire about any payment plans they offer. Using a payment plan can often allow you to afford an attorney you would otherwise not be able to pay for.

Detailed Billing

Be sure to ask for a copy of exactly what you will be charged for and how much you will be charged. Will you be charged for photocopying documents? You could be charged up to 25 cents per page. How are phone calls billed? Stamps? Envelopes? By knowing what you will be charged you can keep better track of where your money is going. There will also be less chance of surprise when you open your bill.

Ever heard of couponcroc.co.uk? Neither had Tom Blanchard until a friend referred him to the site. Now Tom is an avid user, and he enjoys sharing his advice and tips on couponing. Experts agree that Coupon Croc is an excellent place to find great deals for the family.

In the middle of April, 2008 Mr. Mauruf Ahmed Ali, Judge Consumer Court Lahore, awarded damages worth Rs. 50,000/- to a consumer against the English Biscuit company for a hair discovered in a biscuit. (The news, 18 April). This has sent vibes throughout the country.

Consumer Protection law has finally been introduced across the country and is gradually gaining ground. Islamabad Consumer Protection Act 1995 broke the ice and The Sindh Consumers Protection Ordinance 2007 was the last to follow suit.¹ In most developed countries this aspect of law has been firmly entrenched while the developing countries have realized its important in the last two decades.

Pakistan has been particularly notorious in the development of law of Tort in its legal system. While the development of the concept of civil wrong with the reciprocal concept of compensation has become the hallmark of civilized nations, such law has remained on the back burner in our country. Against this backdrop the introduction of Consumer Protection Law, which has been considered an offshoot of law of Tort, and a recognition of the “liability” principle is a welcome addition. Over a decade the law in Pakistan seems to have developed gradually. Islamabad Act of 1995 was a rather short Act including 12 sections and provided for the establishment of a council; ² The Punjab Act of 2005 contains 39 sections and allows for establishment of independent Consumer Courts.³ The establishment of the courts was necessitated   by greater public awareness towards this law. There has been simultaneous development of the concepts of standardization, environmental protection and unadulterated foods. ⁴

The movement towards Consumer Protection Law is owed mainly due to two factors. Firstly growth of multinationals in the developed countries with pre-decided standard contracts necessitating protection to consumer. (Analyse the Unfair Contract Terms Act 1997 in United Kingdom; European community directives leading to regulations in member countries for instance, UCTTR 1998). Secondly the United Nations guidelines on consumer protection passed in 1985.⁵ The initial work was done primarily by the Economic and Social Council.  Special emphasis was placed on problems in the developing countries. ⁶

The main UN objective was to “assist countries in curbing abusive business practices by all enterprises at the national and international levels which adversely affect consumers”. Further guidelines were set out where countries would be able to provide protection to consumers from hazards to their health and safety; to facilitate consumers to make informed choices, provision of adequate infrastructure to develop, implement and monitor consumer protection policies; enterprises are to follow not only indigenous laws but also international standards for consumer protection; that such provision should be consistent with international trade obligations.⁷

The member countries were further guided to ensure that goods produced were safe for either intended or foreseeable use.⁸ Law should be passed that ensures the manufacturers to recall the product if hazards are discovered subsequently, or to replace, modify or substitute it.

Against the backdrop let us briefly analyse the Punjab Consumer Protection Act 2005. The Act spans over 39 sections and can be seen to be segmented into nine portions. The preliminary part is introductory including title, definition etc. the second part of the Act section 4 to 11 relate to a focal  issue of “defective products” and the liability arising from these. The defect could be in design, construction, and composition, lack of warning or non-conformity to express warranty. The said liability would primarily rest with the manufacturer. Section 9 is very interesting as it takes the liability away from the ambit of doctrine of strict liability. If the manufacturer did not and could not know of the defect he would not be liable. Section 10 signifies the legislature’s preference for liquidated damages as against unliquidated or exemplary damages to be granted under the Act.  Section 11 levies a duty of disclosure on the manufacturer and therefore qualifies the doctrine of Caveat Emptor.⁹ Section 13 makes an extension of the liability principle to services besides products. The provisions are analogous to provisions relating to products including duty of disclosure on the service    provider. Section 14 of the Act pertains to the requisite standard of a service which would be the standard. “a consumer could reasonably expect to obtain at the time” in Pakistan. Section 15 limits the amount of damages mainly to a return of the consideration or part thereof. Under section 16 of the said Act there is a duty of disclosure on the service provider of any relevant “conditions” or qualifications if they affect the contract. Section 17 is very important because it prohibits the inclusion of a disclosure or an exemption clause that would leave the consumer without appropriate remedy.

Part IV of the Act is specifically addressed to the manufacturer.¹⁰ They are supposed to prominently exhibit prices; issue a proper and a comprehensive receipt to the purchaser and adopt and disclose a return and refund policy. Part V of the Act deals with unfair practices. Section 21 prohibits misleading deceptive representation as to the nature or history of a particular product. Same applies to provision of services. Part V further places a prohibition on bait advertisement into the contract.¹¹ Part VI has two main sections whereby section 23 enumerates the power of the Authority while section 23-A enumerates the powers of Government.  It must be noted that the Authority here stands for Consumer Protection Authority and is different from either the consumer council or the court. While the Authority has powers to levy fine itself, it may also file a claim before the consumer court. The Government may issue appropriate directions to the Authority. Part VII of the Act sets up Provincial Consumer Protection Council. Subsidiary councils may be set up at district level too. The prime function of the council would be to collect data and shall have members form or create liaison with other relevant organizations like association of trade, industry and services.¹² Eighth part of the Act establishes the consumer courts. There is a marked improvement from the Islamabad Act as an independent court is established. Initially the Act established a consumer court in every district but a later amendment reduced the number. These courts are to be presided by a district or an additional district judge. Jurisdiction of the court shall be determined by residence of partner or place of business. A fifteen day notice is a pre-requisite to instituting proceedings. A limitation period of thirty days has also been prescribed from action to institution of claim. ¹³ Section 30 details the procedure to be adopted by the court. ¹⁴ The consumer court has been given the same powers as are vested in civil court under the Code of Civil Procedure 1908. ¹⁵ Furthermore it is stated that proceedings before the court shall be considered proceedings within the meaning of sections 193 and 228 of Pakistan Penal Code 1860 as well as section 195 and chapter XXXV of the Code of Criminal Procedure, 1898. ¹⁶ Under section 30 a maximum period of six months has been ordered for the decision of the claim in the consumer court. Section 31 allows the court the power to issue orders for rectification of product, replacement thereof or to award damages or compensation to the aggrieved party. Section 32 prescribes penalties against the defaulting manufacturer which may extend to two years imprisonment or with fine of upto one hundred thousand rupees or both. There may further be additional damages or compensation determined by the court. An appeal from the Consumer Court shall lieto the High Court with a limitation period of 30 days. ¹⁷

The Consumer Protection Act has therefore added a new much needed dimension to the legal framework. A few problems however remain. Firstly, there is the problem of defining the exact perimeters of the word “Consumer”. The Act already transgresses and overlaps with other fields of law and it is important to determine the confines of this Act. Is a tenant a Consumer? Or a hospital patient in a free medical facility? Or a student whose education is government subsidised? Is a pedestrian who inhales the polluted air a consumer? This problem is further complicated because the Act seeks to cover both products and services.

Second problem is whether the jurisdiction of the court Civil or Criminal? The term used are “Claimant” and “defendant”; the procedure to be borrowed from civil procedure code. Yet there are penal clauses and sections borrowed from P.P.C. and Cr. P.C. have been incorporated. This would leave room for misuse of power by the court. The last problem is relating to the lack of awareness about the Act. Sue to a general dearth of developed Tort Law, the liability principle is not well recognised in the society. Therefore people lack consumer consciousness. An awareness campaign is therefore necessary to recap the fruits of the Act in letters and spirit.

In conclusion we  owe it to our generations to be vigilant  to make use of this essential law ; make the effort to arrange legal representation to go to the court and pursue the claim. The gain for the individual may not be worth the effort but accumulative benefit for the society in the long run would be enormous.

Footnotes Consumer Protection Law

1.         The NWFP Consumer Protection Act was passed in 1997, The Balochistan Consumers Protection Act in 2003, then The Punjab Consumer Protection Act in 2005 and finally the Sindh Consumer Protection Ordinance in 2007.

2.         Section 3of Islamabad Consumer Protection Act 1995

3.         Section 26 of Punjab Consumer Protection Act 2005

4.         Special mention is made to Pakistan environment protection Act, 1997

5.         General Assembly Resolution 39/248

6.         As clearly specified in its “objectives” Resolution 39/248

7.         http://www.crpc.org.pk/un-guide.htm

8.         This would involve instructing consumer as to the proper use of goods and be informed of the risks involved in intended or foreseeable use.

9.         Part III of the Act centers on the subject of “services” as against products.

10.      it is titled as “obligations of manufacturer” but is also applicable to “traders” as seen in section 16 of the Act

11.       Section 22 especially emphasizes misquoted or concealed price as well as misrepresentation about available quantities.

12.      Even with NGOs and an example is the Network.

13.      The delay may be condoned upto a total 60 days the court if the delay is justified by “Sufficient Cause”.

14.      The procedure interestingly allows involvement of experts and laboratories to determining the quality of the products. Section 30 (1) (c) (d).

15.       Especially in matters relating to summons, examination of defendants and witnesses; discovery and production of documents or other evidence Section 30 (3).

16.       Section 193 of P.P.C. allows punishment for fabrication and giving of false evidence. Section 228 stipulates punishment for intentional insult to a judicial personal or causing interruption in his work. Section 195 of Cr. P.C. provides procedure for prosecution for contempt of public functionary or for giving false or fabricated evidence.

17.      Section 33 ibid.

Bibliography

1.         Ahmed, M, Mughal, “Law of Consumer Protection”, Munir Publishers.

Howells & Weatherill, “Consumer Protection”, Ashgate Publishers.