Allan Ben Law, PC

People are often getting paid either voluntarily their Workers’ Compensation benefits or were awarded them after a trial. Many of these people do not want to deal any longer with the Workers’ Compensation insurance company and wonder what can be done.

Our firm often negotiates settlements for clients who want to redeem their cases and to stop being harassed by the insurance company. If you have interest in this, please contact Allan W. Ben P.C., their is no fee for evaluating your case.

We often received many phone calls from potential clients who wonder whether or not they can apply for Workers’ Compensation when no one was at fault for their injury. Workers’ Compensation is considered a “no fault” insurance system because the worker is compensated regardless of blame unless the accident is caused by intoxication, willful misconduct, or gross negligence.

If you suffer a workplace injury or occupational disease, let Allan W. Ben P.C. fight for your rights. There is no obligation to  evaluate your case and no fee is charged unless we are able to make a recovery for you.

I have reviewed many long-term disability cases. I often see claimants sign medical authorizations that allow long-term disability carriers to speak directly with their doctors. I believe the claimant should allow the long-term disability carrier to gain access to medical records, but not speak directly to the doctors. The claimant should realize that they have the ability to strike any language in the medical authorization that is not agreed with.

Long-Term Disability policies that are provided to employees by private employers are normally enforceable in federal court under the Employee Retirement Income Security Act of 1974 (ERISA).  However, ERISA does not apply to long term disability plans that are provided to employees who work for the government, such as school districts, municipalities, state and federal agencies.  Government plans must therefore be enforced under state common law.

Once your car is stolen often the insurance company will set up an examination under oath (EUO). This is a deposition. You have the right to have an attorney to be with you during this EUO.

An insured’s failure to comply with an insurer’s demand for an EUO generally constitutes a material breach of contract which renders the insurer void of liability for the presented claim. Recorded statements taken of the insured by the insurer are not a substitute for an EUO and do not excuse the insured from submitting to one.

During an EUO, all questions considered material and relevant to the claim must be answered by the insured. The refusal of an insured to answer such questions, whether under advice of an attorney or not, may result in a legitimate denial of the claim.

Generally the insurer, in addition to a demand for an EUO, will demand that the insured produce certain documents to assist in substantiating their claim. Refusal to comply with the demand to produce the requested documents, if material and relevant to the insurer’s investigation, will likely result in a legitimate basis for denial of the claim.

It is very important that if your car is stolen that you immediately contact a lawyer to represent you. If you have any questions regarding your stolen car or your insurance company please contact our office.

Many clients often ask why their insurance company does not pay their claim when they pay their insurance policies on time. The simple answer is that an insurance company is a businesses. They want to keep as much money as they can. The longer the insurance company holds on to the money the more interest it can earn from their investment. The insurance company wants to make a profit each year, not break even or lose money. Insurance companies often pull out of states if they do not think they can make money there.

I recently read an article from the American Association of Justice that rated the top ten worst insurance companies in the United States. The article is very interesting to read. It can be found here. http://www.justice.org/docs/TenWorstInsuranceCompanies.pdf

Look at states that have hurricanes. Most of those insurance companies pulled out from those states because it was no longer profitable.

I would be interested to see how many auto theft cases are paid by insurance companies where the car is stolen in Detroit. I would bet the number would be very low. The insurance companies deny many of these claims because they know most people will not litigate these cases.

Many people often ask what a Michigan “No Fault” Divorce really means. In simple terms, it means that in Michigan any husband or wife, despite what the other spouse may want, can get divorced without the other agreeing that the marriage should be dissolved.

The Michigan divorce statute requires that there must be an “irretrievable breakdown” of the marriage for the court to be able grant a divorce, or as it is technically called, a dissolution of marriage.

A divorce will be granted in Michigan without the necessity of proving that one of the parties is guilty of marital misconduct. In earlier times, a party to a divorce was required to demonstrate that the other spouse was at fault for causing a breakdown in the marriage. Adultery was by far the most common basis, but others included domestic abuse, abandonment and an inability to consumate the marriage.

Judges do not have the authority to make the parties attempt marriage counseling before granting a divorce. I was in court a few weeks ago when the other spouse came to court thinking the judge would order the parties to attempt to reconcile their marriage through a marriage counselor because he did not want to get divorce. Unfortunately for him he was mistaken.

I was sitting in Oakland County Circuit Court last week. I saw a mother asking the court to allow her and her children to move out of state. The mother said she was able to find better work in this new state than in Michigan. The father opposed this because it would mean that he would not see his children as much.

Many people are having to leave the state for financial reasons. Often old clients call and ask how they can move out of state when their ex-spouse will not agree to it.

If the other party will not give permission that the judge in your case must decide. The Child Custody Act, MCL 722.21 governs child custody disputes.

When a parent wishes to move with a minor child to a location more than 100 miles away, and the parent does not have sole legal custody, the trial court must consider the following factors, keeping the child as its primary focus:

(a) Whether the legal residence change has the capacity to improve the quality of life for both the child and the relocating parent.

(b) The degree to which each parent has complied with, and utilized his or her time under a court order governing parenting time with the child, and whether the parent’s plan to change the child’s legal residence is inspired by that parent’s desire to defeat or frustrate the parenting time schedule.

(c) The degree to which the court is satisfied that, if the court permits the legal residence change, it is possible to order a modification of the parenting time schedule and other arrangements governing the child’s schedule in a manner that can provide an adequate basis for preserving and fostering the parental relationship between the child and each parent; and whether each parent is likely to comply with the modification.

(d) The extent to which the parent opposing the legal residence change is motivated by a desire to secure a financial advantage with respect to a support obligation.

(e) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.

Where there is a joint established custodial environment, neither parent’s custody may be disrupted absent clear and convincing evidence. Sinicropi v. Mazurek, 273 Mich.App. 149, 178, 729 N.W.2d 256 (2006), citing Foskett v. Foskett, 247 Mich.App. 1, 8, 634 N.W.2d 363 (2001). “[T]he trial court is not required to consider the best-interest factors until it first determines that the [domicile] modification actually changes the children’s established custodial environment.” Rittershaus v. Rittershaus, 273 Mich.App. 462, 470-471, 730 N.W.2d 262 (2007). Where the change in domicile will not affect the established custodial environment, the moving party has only “the burden of establishing by a preponderance of the evidence that the change in domicile is warranted.” Mogle v. Scriver, 241 Mich.App. 192, 203, 614 N.W.2d 696 (2000).

Michigan Family Law articled provided by Metro Detroit Divorce attorney Joshua Ben.

There are many people who can not afford to hire a divorce attorney. Sometimes these people go to court and go to the law library to find a Complaint for Divorce form or they find forms on the Internet. Unfortunately, just filing for divorce does not necessarily mean you will get divorced. There is a lot of paperwork that still needs to be completed. Also, there are specific deadlines that need to be followed. Just because a party is not an attorney does not mean the court will be lax in the court rules.

There have been many times I have been sitting in court when a case is called where there is a person or couple without lawyers trying to get divorced. Often the parties do not even make it to speak to the judge because the judge’s clerk does believe the proper paperwork was completed or the time requirements were met. The judge’s clerk will not help you with your paperwork or give you legal advice because they are not allowed to. You should speak with a divorce lawyer about your case before trying to do your divorce case without an attorney.

Not being able to get divorced in a reasonable time can be frustrating because you have missed work for a second or third time. Getting no legal advice from the court, individuals that initially hoped to conclude their uncontested divorce without a lot of trouble find themselves extremely frustrated.

I have people hire me sometimes just to complete the legal paperwork and give them the specific time requirements to get divorced without paying me to go to court with them.

Michigan Family Law article provided by Metro Divorce Divorce Lawyer Joshua Ben.

Many women assume their husband’s last name when they get married. As a result, when they get divorced from their husband, most want to change it back to their maiden name. There are two options: you can either change it back to a maiden (or any other name) or you could keep your soon-to-be-ex husband’s name. Contrary to what some people might say, you are not required to give up your ex-husband’s last name.

I have represented some men who want to force their soon to be ex-wife to change her last name. The judge does not have the power to change the wife’s last name, it has to be voluntary.

If you did want to change your name after your divorce you should state that in your complaint for divorce. There is no charge or extra steps to take if you remember to include it in the original divorce complaint.

You can petition the court to change your last name after your divorce is finalized. To do this you will have to file a new complaint for a name change, which costs more money. You will have to have your fingerprints taken and have the state police check your criminal record, you will have to publish a document in the legal news and go before the judge to have it approved.

Once you have changed your last name you should notify the United States Social Security Administration and the Michigan Secretary of State. You should notify all banks were you have accounts and credit card companies.

In short, if you’re going to change your name in Michigan, do it at the outset of the divorce. It will save you time and money.

Contact one of our Michigan Family Law attorneys for more information about changing your name in Michigan.