Hello and welcome to my personal injury and consumer protection "blawg" (legal blog). My name is Micah Adkins and I am a personal injury and consumer advocate attorney for Massey, Stotser and Nichols, P.C. The goal of this blawg is to convey general information and links to the injured, consumers and other lawyers related to personal injury and consumer protection.
My personal injury practice focuses on automobile/motorcycle/trucking accident cases, workplace injury, social security disability, pharmaceutical safety, nursing home abuse, playground injuries, medical malpractice, birth injuries and wrongful death.
My consumer protection practice focuses on consumer fraud, identity theft, data security, credit report disputes and debtor rights.
Massey, Stotser and Nichols, P.C. is located in Birmingham, Alabama and our trial lawyers serve the greater Birmingham metroplex and the entire state of Alabama. Our firm also has attorneys licensed to practice law in Georgia and Tennessee.
lf you have been hurt in a car, at work or because use of a drug, then this site may be of assistance to you. If you have been a victim of fraud, tried to get credit reporting agencies to correct your credit report or have received harassing collection calls, the this site may be of assistance to you.
COUNTRYWIDE TO OFFER CREDIT MONITORING TO ID THEFT VICTIMS
Posted by: Micah Adkins
September 30, 2008
Topic: ID THEFT
Countrywide Financial Corporation is scrambling to mitigate damages after its most recent data breach. According to news reports, a Countrywide employee allegedly took customers' personal financial information and sold the information to other creditors as mortgage leads.
Now, Countrywide is attempting to convince its customers that a free credit monitoring service will protect customers from harm. What do you think?
Click here for Full Story
If you have received a letter from Countrywide stating your information has been compromised, then you may be entitled to money damages. For a free consultation, contact Micah Adkins.
I APPLIED FOR SSD - WHAT HAPPENS NEXT?
Posted by: Micah Adkins
September 27, 2008
Topic: SOCIAL SECURITY BENEFITS
What happens after you apply for Social Security benefits?
After the Social Security Adminstration receives you application for benefits, your application is forwarded to a Disability Determination Services (DDS) examiner who will begin to gather your medical records. The DDS examiner will request medical records based on the treating physician information (doctor names, addresses and telephone numbers) you listed on on your Social Security Disability (SSD) or Supplemental Security Income (SSI) application.
If you do not provide the Social Security Adminstration with all of your healthcare providers, then the DDS examiner's decision will be based on only a part of the picture. It is important for the examiner to get the total picture when making a determination about your application. Therefore, it is very important to support your application with all of your healthcare providers' information to the DDS examiner in support of your application.
The DDS examiner will look closely at your recent medical records, especially medical records within the two months prior to your application. These records are important because recent records will (or will not) substantiate your claim for SSD. If you do not provide the examiner this information, your claim is all but guaranteed to result in a denial.
If you have been denied SSD benefits and need legal representation, then contact Micah Adkins for a free consultation.
HOW DO I APPLY FOR SOCIAL SECURITY BENEFITS?
Posted by: Micah Adkins
September 15, 2008
Topic: SOCIAL SECURITY BENEFITS
The application process for Social Security benefits is pretty straight forward; applicants can call the local Social Security Office and set up an in person or phone interview. The Social Security Claims Representative assigned to your case will provide answers to your questions and will process all of your paperwork. Your claim will then be sent to Disability Determination Services (DDS). Once your file reaches DDS, the medical decision will be made on your case.
The Social Security Claims representative will also decide what type of disability program you are eligible to draw benefits from - ongoing and past due benefits. Benefits can come from Social Security Disability (SSD) or supplemental security income (SSI). Under certain circumstances, a claimant may have a concurrent SSD claim and can receive beneifts from both programs.
If you have applied for Social Security benfits and you have been denied, contact Micah Adkins for a free consultation. There is never a fee to file an appeal, unless we recover.
Does my employer have to carry workers' compensation insurance?
Posted by: Micah Adkins
September 14, 2008
Topic: HURT AT WORK
If an employer has 5 or more employees, the it must carry workers' compensation insurance for its employees. The term employee includes all full or part-time employees, officers of a corporation or members of an LLC. Once the coverage is secured, the employer may choose to exclude the officers or members by filing with the Division an officer exemption form. Your employer is at risk for additional liability if it does not carry the state mandated workers' compensation insurance.
If you have applied for workers' compensation benefits and have been denied - you need to contact an attorney to advocate for your legal rights. Our firm handles workers' compensation claims and we never charge for a workers' compensation consultation. Call Micah Adkins today for a free consultation.
Countrywide Data Theft
Posted by: Micah Adkins
September 14, 2008
Topic: ID THEFT
On September 10, 2008, media reports announced that as many as 2 million Countrywide Financial Corp. customers and loan applicants may have had their personal information, including Social Security numbers, stolen by a Countrywide employee. The former employee was arrested on August 1, 2008, for allegedly illegally accessing the firm's computers for more than two years. Countrywide recently sent letters to consumers, notifying them of the possible breach.
Massey, Stotser & Nichols, PC is currently conducting an investigation into Countrywide for the data breach. If you have received a letter from one of these companies regarding the disclosure of your personal information, or if you have reason to be believe you might have been affected, please contact attorney Micah Adkins immediately for a free consultation.
Childrens Bags Recalled - Excessive Levels of Lead
Posted by: Micah Adkins
September 07, 2008
Topic: CONSUMER PROTECTION
The U.S. Consumer Product Safety Commission (USCPSC) issued a recall for almost 1 million accessory bags marketed to children. The recall includes products marketed under the brand name "Bonne Bell" and "Smackers."
The following model names and UPC numbers (located on the hangtag) were recalled because of excessive levels of lead:
- SMACKERS Sweet Treats Collection UPC 0 50051 50575 7
- SMACKERS Sparkle & Shine Collection UPC 0 50051 50576 4
- SMACKERS Glam It Up Collection UPC 0 50051 50577 1
- BONNEBELL Natural Neutrals Collection UPC 0 50051 22640 9
- BONNEBELL Pretty Pinks Collection UPC 0 50051 22641 6
- BONNEBELL Fresh Pinks Collection UPC 0 50051 22642 3
- BONNEBELL Glamorous Neutrals Collection UPC 0 50051 22643 0
The products were sold at retail stores nationwide and Bonne Bell's Web site between September 2007 through August 2008 for about $9. Full Press Release
Micah Adkins is dedicated to helping consumers, especially children. Children's toys containing excessive levels of lead can be dangerous if ingested. If you purchased a toy for your child between September 2007 through August 2008 you may be entitled to join a potential class action lawsuit.
You can also contact Micah Adkins at Massey, Stotser & Nichols.
Avandia
Posted by: Micah Adkins
September 02, 2008
Topic: DANGEROUS DRUGS
Avandia (aka Rosiglitazone) is a drug prescribed to patients for type 2 diabetes and manufactured by GlaxoSmithKline. Avandia was approved by the FDA in 1999 and increases insulin sensitivity for non-insulin dependent diabetics.
The New England Medical Journal has released findings of adverse events associated with the use of Avandia. Specifically, 42 clinical trials compared almost 28,000 patients, of which about 15,000 were taking Avandia. The results of the research indicated a 43% increase in the likelihood of a heart attack. Also, the study found Avandia users have an increased lielihood of death by a cardiac arrest. See Abstract.
In 2007, the FDA acknowledged the the increased risk of heart attacks by users of Avandia. As a result, the FDA ordered GlaxoSmithKline to include a "black box" warning on its packaging that says the drug may cause chest pain or heart attacks. FDA Report
However, the product remains on the market. Why? Here are 3.3 billion reasons - $ 3.3 BILLION dollars in revenue for GlaxoSmithKline in 2007! Avandia is the drug makers second biggest seller! The warning label language may reduce sales by as much as 1 billion dollars in 2008.
Massey, Stotser & Nichols is investigating potential lawsuits for users of Avandia (for at least 12 weeks) that died or suffered serious injury after a cardio event. Contact an attorney at our firm for a free consultation.
What is a Collection Agency?
Posted by: Micah Adkins
September 01, 2008
Topic: DEBTORS' RIGHTS
Collection Agencies often get involved with outstanding debts for health services or when a creditor believes a consumer is judgment proof. A collection agency is hired by the creditor on a contingency fee basis or for a flat fee. The collection agency may be a small office or a national company, while others may only exist in name or on paper, but are really a subisidiary of creditors-retailers, banks or finance companies. When a collection agency attempts to collect a debt, it can generally be referred to as a "debt collector".
The federal Fair Debt Collection Practices Act of 1978 ("FDCPA" or "the Act") generally applies to collection agencies and lawyers (aka - "debt collectors", but may also cover creditors in certain circumstances). The FDCPA regulates collection practices and provides general standards for ethical conduct by debt collectors. The Act also provides consumers a private cause of action when debt collectors violate the FDCPA. Consumers may be entitled to actual, statutory, and/or puntitive damages for a violation of the Act.
If you have been sued by a debt collector, or you are receiving harassing phone calls or letters, you may be entitled to actual, statutory, and/or punitive damages under federal and state law. Contact Micah Adkins at our firm for a free consultation.
How to Detect Unauthorized Charges
Posted by: Micah Adkins
August 29, 2008
Topic: UNAUTHORIZED CHARGES
Unauthorized credit or debit card charges often go undetected by consumers. The charges are often relatively small and have a generic description on your credit/bank statement. For example:
DATE AMOUNT DESCRIPTION
9-1-08 $ 9.99 SHOPPING ESSENT
While the monthly charge may be nominal, the charges add up quickly over a period of time. I have heard copnsumer complaints about monthly charges for $ 9.99 that have taken place for over three years! Imagine the dollar amount of unauthorized charges if this practice is done to thousand of consumers! Others complaint of an annual fee charged for over $100.00.
It is important to detect unauthorized charges on you credit or bank statements. Afterall, if you do not find the unauthorized charges - how can you dispute the charges? Review each and every transaction on your monthly statements. If you do not know what the charge was for, then discussthe questionable charges with other authorized users of the card. Did your spouse make the purchase? Did your son or daughter make an on-line purchase you did not know about? OR - is a company charging your account without your permission?
At a time when every penny counts, it is important to detect unauthorized charges on a monthly basis, rather than three years later! Gather your statements and sit down with your family and double check each charge on your accounts. If you find unauthorized charges, then you will need to contact your credit card company/bank and the merchant to dispute the charges.
Micah Adkins is dedicated to helping clients that have been a victim of unauthorized credit or debit card charges. If you have discovered unauthorized charges on your credit or debit card, disputed the charge and have not been reimbursed, then you may be entitled to money damages.
Contact Micah Adkins at Massey, Stotser & Nichols for a free consultation.
Intersection Accidents
Posted by: Micah Adkins
August 25, 2008
Topic: CAR WRECKS
Intersection accidents can be one of the most dangerous car or motorcycle wrecks. Victims in cars or on motorcycles often incur devastating injuries, including paralysis and sometimes death. The accident can be a result of inattention (answering a call on a cell phone, typing a text message, etc) or a drunk driver's impairment. In a matter of seconds, your family and quality of life can change forever.
Whatever the cause, victims need an experienced attorney to protect their legal rights and recover for their loss. Our firm is dedicated to protecting victims' rights and we never charge for a car or motorcycle wreck consultation. Contact us for a free consultation.
Massey, Stotser & Nichols, P.C.
1780 Gadsden Highway
Birmingham, Alabama 35235
205-838-9090
