George's Stuff: January 2012

Friday, January 20, 2012

The End of the J.G. Wentworth Battle

Found on www.prlog.org/ and brought to you by Lawyer Salinas

Many elder law practitioners that utilize Medicaid Compliant Annuities in their planning are familiar with J.G. Wentworth proclaiming their ability to purchase any annuity - regardless of the provisions.

Jan 18, 2012 -
Many elder law practitioners that utilize Medicaid Compliant Annuities in their planning are familiar with J.G. Wentworth proclaiming their ability to purchase any annuity - regardless of the provisions.

We all know that a Medicaid Compliant Annuity cannot be sold under any circumstances. The insurance company will refuse to honor any requests regarding change in ownership, annuitant, payee, or beneficiary. This is because a Medicaid Compliant Annuity is irrevocable and non-assignable, in accordance with the requirements set forth by the Deficit Reduction Act of 2005.

Notwithstanding the above, over the years I have seen many cases progress to fair hearings solely because J.G. Wentworth's false claims. And every case had a very similar set of case facts: a Medicaid Compliant Annuity was purchased, J.G. Wentworth claimed they could buy it and provided a false valuation, and the applicant was then denied Medicaid benefits for being overresourced. It was a truly unfortunate situation, and one that I attempted to correct directly with J.G. Wentworth on numerous occasions, to no avail.

However, I am pleased to announce that the battle with J.G. Wentworth is finally over. As of December 15, 2011, J.G. Wentworth has agreed to start working with Krause Financial Services. The company will now provide a formal written letter stating that they are unable to purchase the policy due to the provisions, if it is in fact irrevocable and non-assignable.
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Krause Financial Services specializes in helping families qualify for Medicaid benefits through the use of Medicaid Compliant Annuities, and Veterans Aid & Attendance benefits through the use of various life and annuity insurance products.

Can you cut your car repair bill by hundreds?

Found on www.abclocalgo.com/ktrk/index/ and brought to you by Car Repair Salinas

Wednesday, January 18, 2012

HOUSTON (KTRK) -- Americans are keeping their cars longer and that means we're spending more on maintenance and car repairs. But how can you be sure you are getting the best deal?

We know it pays to shop around for a great deal, but when you are talking about an auto repair, we found prices vary big time. So if you have a big ticket repair, you may have to work the phones for about 30 minutes. But it will probably save you money.

"We see it all the time," said Shakil Sheikh, owner of Upland Automotive on the southwest side.

Sheikh says estimates from auto repair shops vary greatly.

"The biggest problem that people are taken advantage of is that 73 percent of cars are misdiagnosed the first time and that is according to government studies," master mechanic Jay Wilson said.

Other reasons why estimates vary may depend on the parts each repair shop uses. Sheikh says some estimates may vary because certain auto repair shops may use the original equipment manufacturer part, or OEM parts.

"Sometimes the quality of the parts you want to use, if you want to use the OEM parts, that is going to be a little bit higher," Sheikh said.

So we decided to see just how much prices can vary. Instead of spending the day going shop to shop, we randomly called four auto repair shops in the Houston area to get an estimate on one single repair including parts and labor.

The repair is for a fuel pump replacement on a 2004 Toyota Camry 3-L. Our first call was to Fred Haas Toyota World in Spring. There, the service department at the dealership quoted us a price of $734.54.

Our next call was to Clear Lake Auto Service. Our quote there was for $520.38. That's more than $200 less than the dealership price.

We also called the AAMCO Transmissions off North Shepherd and were quoted a price of $440. And finally, we check with the folks at Upland Automotive, where they quoted us a price of $409.82 -- that's more than $300 less than our first quote.

But the experts warn just because a shop quotes you the cheapest price doesn't necessarily mean it's the best deal.

"We are seeing a lot of parts that are coming from foreign countries that don't last, we've tried them ourselves," Wilson said.

We called Fred Haas Toyota World to find out why they were more expensive. They actually dropped the price by $40 and told us they are pricier because they offer manufacturer parts that are backed by a one-year factory warranty.

Experts recommend manufacturer parts because those last the longest. Be sure to ask your repair shop what type of parts they use and see if they offer a warranty. You can even ask to see the parts before they install.

Sunday, January 15, 2012

Injury Network Launches DePuyHipreplacement helpline .com

Found on www.prlog.org/ and brought to you by Lawyer Salinas

New Website launched to help People effected by the DePuy Hip replacement recall. The Calls are streaming in nationwide from injured hip replacement victims. DePuyHipreplacementhelpline.com is run by a medical social worker with rehab experience

Jan 12, 2012 - Injury lawyer Network announces their new http://depuyhipreplacementhelpline.com. The site is yet another helpline for people injured by dangerous drugs and medical devices. According to Lisa Spitzer Msw who runs the helpline, "The Hip replacements affect a very vulnerable senior community who hoped that a new hip would improve their quality of life and keep them active. Instead they have pain, suffering and revision surgeries".

According to Spitzer, who has been a social worker in various settings for over 12 years, "Disabled children very often need hip replacements. This is very difficult for these children who do not easily tolerate long periods of recuperation"

. Spitzer has worked in rehabilitation settings for over 6 years. "If your hip has been compromised by arthritis, a fracture, or other conditions, common activities such as walking or getting in and out of a chair may be painful and difficult. People hope, and are advised that a hip replacement is the answer to these problems". The Helpline takes a different slant. By having a medical social worker available, Callers feel they are getting support. According to Spitzer, "We get calls from people with a lawyers packet in front of them. They feel the law firm was not empathetic and made them feel like a number".

The helpline does have a group of lawyers they work with but, according to Spitzer they must meet strict criteria. They must keep the case in house and not refer it out, and must have a knowledgeable designated contact person who is more then just a screening person. "These poor folks need TLC and information. They need to know you have an understanding of both the emotional and physical turmoil this has caused in their life. They have questions and want answers". The Helpline offers this as well as connection to a lawyer. The goal, according to Spitzer, who comes from a social worker Model, is a resource not just for lawyers. The helpline is in need of more attorneys to help their callers as well as physicians who are experienced with the complications and revision surgeries. 1 877 522-2123 http://DePuyhipreplacementhelpline.com

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Welcome to the DePuy Hip replacement helpline This site was launched to help people suffering from a failed hip replacement. The helpline offers support, lawyer connection and eventually a list of orthopedic surgeons experienced with revision surgery as well as all resources. The depuyhipreplacementhelpline needs more sensitive lawyers and Doctors.
1 877 522-2123

Will Dealer Pay for Car Repair After Warranty?

Found on www.foxbusiness.com/ and brought to you by Car Repair Salinas

Written by Tara Baukus Mello

Published January 13, 2012

Bankrate.com

Many car owners worry about the cost of repairs after the car is out of its warranty period. After all, no one wants to pay for a repair that would have cost nothing in their earlier days of owning that car. While it's always best to check the car's reliability ratings before you buy, don't assume you absolutely must pay for a repair that would have previously been covered under your car's warranty.

Many automakers provide dealers with an annual budget for goodwill gestures to what the dealership perceives as loyal customers. General Motors in particular has increased its pool of funds for this purpose as one way of trying to increase loyalty among its customers. Brand loyalty has been a top priority with many automakers over the years, but in today's highly competitive market for a car shopper's business, it is considered to be critical by many automakers as well as individual dealerships.

Getting a free repair can be a delicate situation, but certainly well worth pursuing. While there's really no limit to what kind of repair can be completed for free, you are most likely to get a free repair if your car is recently out of warranty, and it's a repair that would have previously been covered under the warranty. Still, it is possible to get a free repair on a car where the warranty has long expired or on something that was never covered under warranty.

You might be pleasantly surprised to simply find a zero balance for a repair you've requested, especially if you've made it known in the service department that you've been a loyal customer of that dealership or that car brand for a while. Still, you may need to ask politely if there's anything the service manager can do to help you out of this unexpected expense. Sometimes a simple, "Wouldn't that have been covered under my warranty?" can get the point across.

Because getting a free car repair is completely up to the dealership's discretion, being polite and not demanding is the best approach. Reminding them of your loyalty to their store or the car company might be helpful. If you don't get anywhere, you also might ask the service adviser to check with the service manager or the regional field representative, who may be able to authorize the free repair.

Bankrate's content, including the guidance of its advice-and-expert columns and this website, is intended only to assist you with financial decisions. The content is broad in scope and does not consider your personal financial situation. Bankrate recommends that you seek the advice of advisers who are fully aware of your individual circumstances before making any final decisions or implementing any financial strategy. Please remember that your use of this website is governed by Bankrate's Terms of Use.

Monday, January 2, 2012

“Lead” -the new four letter word

Found on www.prlog.org/ and brought to you by Lawyer Salinas

Jan 01, 2012 -
The United States Environmental Protection Agency’s RRP Lead-Safe Rule, (TSCA) Section 402,which is now Federal Law, states that, as of April 22, 2010, contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, apartments, child care facilities, and schools built before 1978 must be certified and must follow specific work practices to prevent lead contamination. In addition, they must test for the presence of lead and have the home owner sign an affidavit stating they have received the EPA’s Renovate Right Pamphlet before any work begins.

Contractors across America are frustrated to say the least. In talking to a number of EPA Lead-safe certified renovators from Florida, Ohio, Massachusetts and Kansas, the story sounds the same. First concern is the lack of public awareness concerning lead paint hazards in homes built before 1978. Most renovators say the EPA has not done enough to adequately educate the public, making them look like scammers trying to up sale and requiring the contractor to be the bearer of bad news ultimately and unfortunately making him look like the bad guy.

In one case, an uncertified contractor told a long time customer of an EPA certified renovator that he was lying and the rule does not apply in Florida. The truth is the RRP program rules apply to all US States, Tribes, and Territories as well as Guam and Puerto Rico. In another case, a home owner living in a home built in 1941 said “I looked around and many contractors I spoke with either would not deal with lead paint at all or said they would do the project without regard for the lead issues”.

A second concern as predicted by many construction industry associations, is that the rule would only be followed by credible licensed professionals. Others would ignore the law, encouraging unlicensed activity resulting in uncontained renovations exposing more children to hazardous lead dust. This now has the full attention of liability lawyers in every state across America. Another Contractor describes the reaction of real estate agents as like walking into a hornets nest. He said” They have flat out told me not to talk about the RRP rules or they will find someone else to recommend”. In other instances an insurance adjuster wanting to recommend his own contractors told a home owner that the rules did not apply to his 1951 home after a kitchen fire. He explained there were not enough square feet affected. The affected area was over 2,075 feet, much greater than the 6 Square feet limit set by the EPA’s RRP rule.

In a recent interview with an EPA RRP Lead-safe Renovator, we asked - How is the RRP rule affecting you?

He replied -it has its up and down sides. First let me say this rule if followed as the law requires does a load to protect children from lead poisoning, but it seems that the law makers gave little to no thought to the already “ un- level “ playing field the licensed contractor has faced for years. This has widened the road for unlicensed and uncertified activity, which we all know will expose children to hazardous lead dust. Like it or not, I believe the RRP lead safe rules are here to stay even with the grandiose talk about closing the EPA, I very seriously doubt any politician would commit political suicide by voting on record to endanger children and pregnant women. So until I get a letter hand - signed from the EPA stating the rule has been repealed, I will follow the Law. I don’t care if its 6 Square inches of lead paint being disturbed, everyone gets a pamphlet and every job gets contained.

You can find an EPA Lead safe Renovator in your area
1. By internet searching lead Paint (add your city)
2. By visiting the EPA’s Website at http://www.epa.gov/opptintr/lead/pubs/toolkits.htm
3. By Calling 1800-424-LEAD [5323]
4. http://www.leadpaint-tampa.com
5. http://www.leadsafetampa.blogspot.com
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Lead Safe Tampa
Informational website geared to educating the public about the EPA RRP Lead-safe program and applicable laws in Tampa Florida, all US States, Tribes, and Territories as well as Guam and Puerto Rico.

New technology keeps mechanics honest

Found on www.clickondetroit.com/ and brought to you by Car Repair Salinas

Tips help get fair shake at repair shop

Author: Craig Clough, Staff writer

Published On: Dec 25 2011 02:42:54 AM EST Updated On: Dec 27 2011 02:00:00 AM EST

Your 2001 Toyota Camry comes to a sputtering stop.

You call a tow truck and are brought to the nearest service station. The mechanic on duty says you need a new alternator, which will cost you $500. You usually like to get a second opinion on repairs if you can, but towing the car to another shop is going to take more money and time.

You don't have much of a choice but to get the repairs, At the same time, you don't want to get ripped off. Now, with the help of a little 21st century technology, you can quickly and easily double check any mechanic's honesty.

Check repair costs online

RepairPal.com launched in 2007 to "provide drivers with the most accurate, unbiased and useful car ownership information available," according to its website.

RepairPal can find out the estimated cost of repairs for any make or model made after 1990. You choose your zip code, car details and then select a specific repair.

In moments, you are given an estimated cost or repairs, broken down by parts and labor and what you should expect to pay at an independent shop versus a dealership.

There is also a detailed explanation of what the specific problem is, what causes it and things to be aware of when fixing it. The site is run by automotive experts and says it is not affiliated with any automobile manufacturer, dealership, parts provider or auto repair facility.

The site also has an extensive auto shop directory and expert insights and advice from certified mechanics.

The site also provides a centralized location where your records can be stored for the entire ownership cycle of your vehicle. A coming feature will send you emails that will remind you of an upcoming oil change or scheduled service.

RepairPal also has an iPhone application that can be downloaded for free so you can get accurate auto help anywhere you have cell phone service.

Let your car tell you what's wrong

A device called the CarMD can take things even a step further than by giving you a quick diagnostic readout of your car's engine.

For around $120, you can buy a CarMD and no longer have to rely on your mechanic for an accurate computer reading of your auto.

Here's how it works:

Every car manufactured in the United States -- foreign or domestic -- has a small plug-in called a 16-pin data link connector, which is usually located under the dashboard on the driver's side. By plugging in the small CarMD device into the DLC, you can get quick computer readouts of your car's engine.

The first step gives you a quick read of the engine's health by displaying a green, yellow or red light. Green means good, yellow or red means something is wrong and needs further investigation.

If you get a yellow or red readout, log onto the site and plug the CarMD into your computer's USB port to view the cause and probable cost to fix it. CarMD doesn't cover every problem your car might have, such brakes or batteries, but it does cover most of them.

"Basically, (CarMD) covers anything related to engines, emissions, the transmission or the oxygen sensors. It's about 80 percent of the systems on the vehicle," said Kristin Brocoff, product manager for CarMD.

Any time your check engine light comes on, you can run a quick CarMD check before you even bring it in to a repair shop. That way, you will know the problem and probable cost before your mechanic does, and the chance of you getting ripped off should lower significantly.

You can also get readouts of the engine's health before a long road trip, check the health of the engine of a used car you are thinking of buying and smog test your car.

Other helpful resources

Finding a good, trustworthy mechanic is sometimes a difficult thing, but there are a few resources that can help in the process.

The popular national radio talk show "Car Talk" has a database on its website called the "Mechanics Files" of 16,000 mechanics that have been recommended by the Car Talk community.

The website Angie's List also has an extensive database of mechanics that have been rated by its users.