Posted by catherine jacobs on Tue, Jun 22, 2010 @ 09:15 AM
Divorce Mediation Myths:
Myth #1: Mediation allows one spouse to dominate another.
Fact: An experienced mediator is always aware of the power balance between the spouses and utilizes many specific techniques to correct any imbalance. If one spouse persists in dominating behavior, the mediator will call a stop to the mediation rather than allowing it to continue. Spouses should let their mediator know if there is an issue with control in the marriage. This will allow the mediator to watch for any power imbalances and stop them before they detract from the mediation process.
Myth: Mediation is more of a hassle than hiring a lawyer to handle the divorce.
Fact:Mediation can significantly reduce the "hassles" of hiring a lawyer and proceeding to court on a divorce matter. Mediation can generally be concluded in a few sessions, if not less, whereas a court case can drag on for months and years, thus making it more of a hassle and is significantly more expensive.
Myth: Mediation makes the divorce take longer.
Fact: In almost all cases, mediation takes less time than litigating a divorce. Even if the parties settle out of court, by the time that happens, mediation would be done and over. With mediation, there are no court mandated dates, hearings, and investigations. Mediation allows you to settle your case and move on with your life.
Myth: You don't get to have a lawyer represent you in mediation.
Fact:Mediators welcome parties who have hired attorneys. Experienced divorce and family law attorneys recognize the benefits and value of mediation as a quicker and more amicable form of resolving martial splits. Lawyers can play an important roll during mediation. They assist their clients in the negotiations, they ofter can help design settlement agreements, they advise their clients of their legal rights, and they can prepare the necessary paperwork that is filed with the court. Generally, when you hire a lawyer to represent you at mediation, the lawyers charge a reasonable hourly rate and there is no need for a large retainer. The client only pays for the amount of representation that is needed for the arbitration and paperwork. This eliminates the need for paying a lawyer to go to court, negotiate with the opposing attorney, conduct hearings, come up with proposed settlements for the opposing side to review, argue in court, and the list goes on and on...
Myth: All divorce lawyers understand and support mediation.
Fact:Even though mediation is fast becoming the preferred method of handling divorces, not all attorneys have had experience in this area. Mediation is a non-adversarial approach to divorce, contrary to divorce litigation for the past hundreds of years. You will find that some lawyers believe mediation should not be used to obtain a divorce. These attorneys would argue that spouses should use lawyers and go through the court system. As divorce lawyers understand mediation and its benefits for their clients, benefits for continuing a positive familial relationship for children, cost effectiveness, and time effectiveness.
Myth: In mediation, the mediator decides what's fair.
Fact: The mediator is not a judge or an arbitrator. A mediator has no power to make decisions for the divorcing spouses. It is the mediator's job to work with the spouses to help them negotiate an agreement that each of them considers fair enough to accept.
MEDIATION, A BETTER CHOICE, is a service provided by Dykema Law Offices, West Michigan's premier family law firm. Our family law attorneys have over 20 years in family law experience and are trained and certified family law mediators.
Contact Jayne Dykema or Lori Zellers today. jad.dykema@tds.net or ljz.dykema@tds.net
Posted by catherine jacobs on Mon, Jun 21, 2010 @ 09:04 AM
From the SSAO webpage:
Benefits For People With
Disabilities
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The Social Security and Supplemental Security Income disability programs are the largest of several Federal programs that provide assistance to people with disabilities. While these two programs are different in many ways, both are administered by the Social Security Administration and only individuals who have a disability and meet medical criteria may qualify for benefits under either program.
Social Security Disability Insurance pays benefits to you and certain members of your family if you are "insured," meaning that you worked long enough and paid Social Security taxes.
Supplemental Security Income pays benefits based on financial need.
When you apply for either program, we will collect medical and other information from you and make a decision about whether or not you meet Social Security's definition of disability.
Use the Benefits Eligibility Screening Tool to find out which programs may be able to pay you benefits.
If your application has recently been denied, the Internet Appeal is a starting point to request a review of our decision about your eligibility for disability benefits.
If your application is denied for:
- Medical reasons, (beginning December 22nd) you can complete and submit the required Appeal Request and Appeal Disability Report online.
The disability report asks you for updated information about your medical condition and any treatment, tests or doctor visits since we made our decision.
- Non-medical reasons, you should contact your local Social Security Office to request the review. You also may call our toll-free number, 1-800-772-1213, to request an appeal. People who are deaf or hard of hearing can call our toll-free TTY number, 1-800-325-0778.
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If you have been denied social security disability benefits, contact nurse-attorney, Lori Zellers. dykemalaw@aol.com
Posted by catherine jacobs on Fri, Jun 18, 2010 @ 09:47 AM
Fundraiser fashion show displays Goodwill finds with latest trends
Published: Monday, June 14, 2010, 9:32 AM Updated: Monday, June 14, 2010, 9:44 AM
Cami Reister | The Grand Rapids Press Follow Share this story
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Jessica Scott | The Grand rapids PressJill Wallace, vice president of community relations for Goodwill of Greater Grand Rapids, Inc., holds one of the outfits created with area boutiques for a fashion show that combines new items from area shops and great finds from Goodwill stores. The fashion show event, held at The B.O.B., will serve as a fundraiser for Goodwill, which will help support job training and placement programs for people with barriers to employment. Items include S12 Bohemia style shirt from Elle with oversized mixed metals blue bag from Goodwill, a black quilted evening shoulder bag from Lamb, paired with a blazer and metal necklace and blue Banana Republic dress from Goodwill. The accessories include Green Goods, handbags made from fabric samples and men's ties. Crystal necklace is a shopgoodwill.com item and the long silver necklace and ring are a Diane Katzman jewelry line, exclusive to Goodwill retailers nationally.
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GRAND RAPIDS -- Everyone knows Goodwill and other second-hand stores have great finds that can be turned into trendy outfits with the right fashion touch.
The key is knowing how to "work it." A fundraising fashion show on Thursday aims to show people how to do just that.
"Work It!" is a collaboration between Goodwill Industries, six area boutiques and other fashion businesses to create outfits from "gently used" Goodwill pieces and cutting edge fashion from the likes of Lamb in East Hills, Elle in Ada and Rockford's Jade.
Ryann Lambay, owner of Lamb, 949 Cherry St. SE, said the show is a fabulous idea and something they do regularly with their customers.
"Our whole sort of philosophy is about getting stable pieces and good pieces that you can mix in with stuff you already have," she said. "Sometimes some of our good customers come in with a dress they bought somewhere else or with a skirt. They don't want to get rid of it, they love it, and they want to update it."
Combining boutique offerings with even one Goodwill item can cut the price of an outfit significantly without sacrificing fashion.
Gina VanGessel, owner of Gina's boutique downtown, used a Goodwill shirt in an outfit that totaled about $120. Add one of her trendy shirts to complete the look and it would have been closer to $200.
"Goodwill has some good finds," she said. "It's all about layers."
| IF YOU GO |
| Work It! Fashion Show
What: Goodwill Industries and local boutiques partner in a fashion show combining Goodwill great finds with latest trends.
When: 5-7:30 p.m. Thursday
Where: The B.O.B., 20 Monroe Ave. NW, Grand Rapids
Why: Fundraiser for Goodwill's job training and placement services.
How: Tickets are $15 by calling 616-532-4200, ext. 1168, or $20 at the door
More info: goodwillgr.org |
The show also will feature the debut of Green Goods handbags made out of recycled fabric by Goodwill clients.
"Our participants are actually sewing them," said Jill Wallace, vice president of community relations. "Some of the handles are scarves, some are ties. A lot of them are pieces of fabric that have been donated to us from furniture warehouses."
Each participating store or business will have items for sale at the show, too.
Proceeds from ticket sales will benefit Goodwill's job placement and training programs, such as the Green Goods line, she said.
"We provide job training to over 3,000 individuals a year," Wallace said. "We're training them to get back on their feet and be a successful citizen and contribute to the economic fabric of Grand Rapids."
Jade owner Julie Cronkright said she thought the fashion show might be a challenge, but was pleasantly surprised with the items Goodwill dropped off.
"They gave us a really cute black tank top with rosette applications on the front," she said. "It looks like something we would carry."
Cronkright said the show will remind people Goodwill has "wallet-friendly" treasures.
"You're going to have to search a little bit more, but I still think it's worth it," she said.
E-mail Cami Reister: creister@grpress.com
Posted by catherine jacobs on Thu, Jun 17, 2010 @ 09:41 AM
The information below offers basic information about social security disability appeals. If you have been denied social security disability benefits, call nurse-attorney, Lori Zellers, who has a proven history of winning social security disability appeals.
SSA Publication No. 05-10041, January 2008, ICN 459260 [View .pdf] 
(En Español) [Audio.mp3] 
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Social Security wants to be sure that every decision made about your Social Security or Supplemental Security Income (SSI) claim is correct. We carefully consider all the information in your case before we make any decisions that affect your eligibility or your benefit amount.
When we make a decision on your claim, we will send you a letter explaining our decision. If you do not agree with our decision, you can appeal-that is, ask us to look at your case again.
When you ask for an appeal, we will look at the entire decision, even those parts that were in your favor. If our decision was wrong, we will change it.
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When and how can I appeal?
If you wish to appeal, you must make your request in writing within 60 days from the date you receive our letter. We assume you receive the letter five days after the date on the letter, unless you can show us you received it later. Call your local Social Security office if you need help with your appeal.
If you filed for Social Security disability benefits or SSI and your claim was denied for medical reasons, you may request an appeal on our website,www.socialsecurity.gov/disability/appeal. [Top] |
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How many appeal levels are there?
Generally, there are four levels of appeal. They are:
When we send you a letter about a decision on your claim, we will tell you how to appeal the decision.
Reconsideration
A reconsideration is a complete review of your claim by someone who did not take part in the first decision. We will look at all the evidence submitted when the original decision was made, plus any new evidence.
Most reconsiderations involve a review of your files without the need for you to be present. But when you appeal a decision that you are no longer eligible for disability benefits because your medical condition has improved, you can meet with a Social Security representative and explain why you believe you still have a disability.
Hearing
If you disagree with the reconsideration decision, you may ask for a hearing. The hearing will be conducted by an administrative law judge who had no part in the original decision or the reconsideration of your case. The hearing is usually held within 75 miles of your home. The administrative law judge will notify you of the time and place of the hearing.
Before the hearing, we may ask you to give us more evidence and to clarify information about your claim. You may look at the information in your file and give new information.
At the hearing, the administrative law judge will question you and any witnesses you bring. Other witnesses, such as medical or vocational experts, also may give us information at the hearing. You or your representative may question the witnesses.
In certain situations, we may hold your hearing by a video conference rather than in person. We will let you know ahead of time if this is the case. With video hearings, we can make the hearing more convenient for you. Often an appearance by video hearing can be scheduled faster than an in-person appearance. Also, a video hearing location may be closer to your home. That might make it easier for you to have witnesses or other people accompany you.
It is usually to your advantage to attend the hearing (in person or video conference). You and your representative, if you have one, should come to the hearing and explain your case.
If you are unable to attend a hearing or do not wish to do so, you must tell us why in writing as soon as you can. Unless the administrative law judge believes your presence is necessary to decide your case and requires you to attend, you will not have to go. Or we may be able to make other arrangements for you, such as changing the time or place of your hearing. You have to have a good reason for us to make other arrangements.
After the hearing, the judge will make a decision based on all the information in your case, including any new information you give. We will send you a letter and a copy of the judge's decision.
Appeals Council
If you disagree with the hearing decision, you may ask for a review by Social Security's Appeals Council. We will be glad to help you ask for this review.
The Appeals Council looks at all requests for review, but it may deny a request if it believes the hearing decision was correct. If the Appeals Council decides to review your case, it will either decide your case itself or return it to an administrative law judge for further review.
If the Appeals Council denies your request for review, we will send you a letter explaining the denial. If the Appeals Council reviews your case and makes a decision itself, we will send you a copy of the decision. If the Appeals Council returns your case to an administrative law judge, we will send you a letter and a copy of the order.
Federal Court
If you disagree with the Appeals Council's decision or if the Appeals Council decides not to review your case, you may file a lawsuit in a federal district court. The letter we send you about the Appeals Council's action also will tell you how to ask a court to look at your case. [Top] |
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Will my benefits continue?
In some cases, you may ask us to continue paying your benefits while we make a decision on your appeal. You can ask for your benefits to continue when:
- You are appealing our decision that you can no longer get Social Security disability benefits because your medical condition is not disabling; or
- You are appealing our decision that you are no longer eligible for SSI payments or that your SSI payment should be reduced or suspended.
If you want your benefits to continue, you must tell us within 10 days of the date you receive our letter. If your appeal is turned down, you may have to pay back any money you were not eligible to receive. [Top] |
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Can someone help me?
Yes. Many people handle their own Social Security appeals with free help from Social Security. But you can choose a lawyer, a friend or someone else to help you. Someone you appoint to help you is called your "representative." We will work with your representative just as we would work with you. Your representative can act for you in most Social Security matters and will receive a copy of any decisions we make about your claim.
Your representative cannot charge or collect a fee from you without first getting written approval from Social Security. If you want more information about having a representative, ask for Your Right To Representation (Publication No. 05-10075) or you can find it on our website.
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Contacting Social Security
Our website is a valuable resource for information about all of Social Security's programs. There are a number of things you can do online.
In addition to using our website, you can call us toll-free at 1-800-772-1213. We treat all calls confidentially. We can answer specific questions from 7 a.m. to 7 p.m., Monday through Friday. We can provide information by automated phone service 24 hours a day. If you are deaf or hard of hearing, you may call our TTY number, 1-800-325-0778.
We also want to make sure you receive accurate and courteous service. That is why we have a second Social Security representative monitor some telephone calls. |
Posted by catherine jacobs on Wed, May 19, 2010 @ 10:30 AM
As if divorce wasn't full of guilt and pain, now you have to worry about....
A really inconvenient truth: Divorce is not green
Published: Dec. 03, 2007 E-mail Editor
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EAST LANSING, Mich. - The data are in. Divorce is bad for the environment.
A novel study that links divorce with the environment shows a global trend of soaring divorce rates has created more households with fewer people, has taken up more space and has gobbled up more energy and water. The findings of Jianguo "Jack" Liu and Eunice Yu at Michigan State University are published in this week's online edition of the Proceedings of the National Academy of Sciences.
A statistical remedy: Fall back in love. Cohabitation means less urban sprawl and softens the environmental hit.
"Not only the United States, but also other countries, including developing countries such as China and places with strict religious policies regarding divorce, are having more divorced households," Liu said. "The consequent increases in consumption of water and energy and using more space are being seen everywhere."
Liu and his research assistant Yu started with the obvious - that divorce rates across the globe are on the rise. Housing units, even if they now have few people in them, require resources to construct them and take up space. They require fuel to heat and cool. A refrigerator uses roughly the same amount of energy whether it belongs to a family of four or a family of two.
When they calculated the cost in terms of increased utilities and unused housing space per capita, they discovered that divorce tosses out economy of scale. Among the findings:
- In the United States alone in 2005, divorced households used 73 billion kilowatt-hours of electricity and 627 billion gallons of water that could have been saved had household size remained the same as that of married households. Thirty-eight million extra rooms were needed with associated costs for heating and lighting.
- In the United States and 11 other countries such as Brazil, Costa Rica, Ecuador, Greece, Mexico and South Africa between 1998 and 2002, if divorced households had combined to have the same average household size as married households, there could have been 7.4 million fewer households in these countries.
- The numbers of divorced households in these countries ranged from 40,000 in Costa Rica to almost 16 million in the United States around 2000.
- The number of rooms per person in divorced households was 33 percent to 95 percent greater than in married households.
To track what happens when divorced people returned to married life, the study compared married households with households that had weathered marriage, divorce and remarriage. The results: The environmental footprint shrunk back to that of consistently married households.
Liu, a University Distinguished Professor of fisheries and wildlife and Rachel Carson Chair in Ecological Sustainability at MSU's Center for Systems Integration and Sustainability, has spent more than two decades integrating ecology with social sciences to understand the complex interrelationships between nature and humans and how those interactions affect the environment and biodiversity. Liu and Yu began to discuss this research project when Yu was a high school student.
This new work also acknowledges that divorce is not the only lifestyle trend changing family living structures - the demise of multigenerational households and people remaining single longer are examples.
"People's first reaction to this research is surprise, and then it seems simple," Liu said. "But a lot of things become simple after research is done. Our challenges were to connect the dots and quantify their relationships. People have been talking about how to protect the environment and combat climate change, but divorce is an overlooked factor that needs to be considered."
The research, Liu said, shows that environmental policy is more complex than one single solution. Governments across the world may need to start factoring in divorce when examining environmental policy, Liu said.
"Solutions are beyond a single idea," Liu said. "Consider the production of biofuel. Biofuel is made from plants, which also require water and space. We're showing divorce has significant competition for that water and space. On the other hand, more divorce demands more energy. This creates a challenging dilemma and requires more creative solutions."
The research was funded by the National Science Foundation, the National Institutes of Health and the Michigan Agricultural Experiment Station.
A copy of the paper can be downloaded from http://www.pnas.org/ or www.csis.msu.edu/research.htm#publications.
Related Links
Posted by catherine jacobs on Wed, May 05, 2010 @ 08:37 AM
GRAND RAPIDS (WZZM) - Michigan's smoking ban went into effect at 6 a.m. Saturday, May 1. It bans lighting up in most workplaces.
Some bars and restaurants celebrated the new smoke free Michigan law with discounts. They are hoping it will actually give business a boost.
You will no longer find people smoking inside Michigan restaurants and bars.
"I think it's fantastic," says customer Paul Huizinga. "Enjoy a nice night out with some clean air."
But you can find people going outside the restaurants and bars to smoke.
"It makes me not smoke as much, instead of chain smoking,"says one smoker. "I come outside every once in a while."
"I think in restaurants, its okay," says smoker Connie Hull. "But, in bars, come on. If you go to a bar, you know, expect smoking."
Joel Epstein helped organize "Go out. Breathe easy." on May 1 as a celebration of a smoke free Michigan.
"I'm a former smoker and I'm a heart patient. So I had to quit smoking to save my life," he says.
Fifty restaurants offered various discounts to people with "Go out. Breathe easy." t-shirts or wristbands.
Epstein says, "Many of us are concerned that we can't go to restaurants with our families and enjoy smoke free dining. We're really happy that now we don't have to worry about that."
Paul Huizinga agrees. "We may actually head out a little more often, especially taking the kids."
Many restaurants and bars hope others agree, and that the new law will help business. J. Gardella's Assistant Manager Joshua Jones hopes the law will bring people in who don't smoke.
"There's probably a lot more non-smokers out there than there are smokers," he says. "So, it will actually help us out."
Jones is a smoker himself, but doesn't like to smell the smoke while he works.
"I've got three levels here so I'm running up and down the stairs. It'll just be nice not to breathe it in while I'm doing all my work and stuff," he says.
The B.O.B. went mostly smoke free months ago, during ArtPrize, to keep smoke away from the artwork. The restaurant complex kept the policy.
"The staff has been really happy about not having to deal with the smoke and the second hand smoke," says the general manager of Dr. Grin's. "We'd have to do extra dry cleaning even if you don't smoke because you go home, you've got that stench on you."
Michigan is the 38th state to ban smoking in public buildings. WZZM 13 talked with several people who used to live in or visited other states with smoking bans. They say it isn't an issue in those states and they don't think it will be a problem in Michigan either.
Posted by catherine jacobs on Thu, Apr 29, 2010 @ 02:38 PM
Traditionally in divorce cases, both parties hire an attorney. A case is filed with the court. Hearing dates are set and, if there are children, friend of the court evaluations are scheduled. In between the hearings, there may be depositions, interrogatories, subpoenaing of employment information and other forms of discovery done by each sides' attorney. This process often can add up to quite a bit of money in attorney fees.
Divorce doesn't have to be this way. The courts in West Michigan recognize and encourage Divorce Mediation. In mediation, the parties come together, usually without attorneys, and work with a neutral person to work though the pending issues. Mediation can generally be completed in a few sessions, and in many cases in only one session.
Mediation can resolve custody and parenting time issues, division of real and personal property and the division of debts.
Mediation is cost effective and has been shown to leave the parties in a more friendly relationship at the end of the case. Often times when the parties work with the mediator, it helps to set them up for working through post-divorce issues with greater ease than had they gone through a tradition divorce proceeding.
Jayne Dykema and Lori Zellers are both certified divorce mediators. Contact them today to learn more about mediation options. Even if you have already filed for divorce, you and your spouse can choose to take you case through mediation.
Posted by catherine jacobs on Wed, Apr 28, 2010 @ 02:03 PM
www.dykemalaw.com
Many people are receiving letters or postcards in the mail stating that you need to re-do your estate plan because of the newly enacted Michigan Trust Code.
The new MTC took effect April 1, 2010 in an effort to clarify the existing estate planning laws. The new MTC also was drafted to put all the trust law in one section of the Michigan Compiled Laws.
So, do you need a new estate plan?
If you already you have a revocable "living" trust, most likely you don't need to change your trust. It is only under unusual circumstances would a new trust amendment be required as a result of the MTC. Rest assured that the MTC was not enacted to render all previously drafted trusts useless or out-of-date. Nothing is further from the truth.
You will keep getting letters in the mail claiming that you need to have your trust changed because of the new MTC -- don't panic. Remember, however, that it is always a good practice to have your estate plan reviewed periodically. As your situation changes (guardian issues, death of fiduciaries, buying and selling of trust assets), you should made the corresponding changes to your trust.
We can evaluate your existing trust to determine if you need to amend your existing trust. If you're like most of us, you need to have a trust prepared or updated. Let us get it done today.
Dykema Law Offices -- Estate Planning Made Simple
Posted by catherine jacobs on Wed, Apr 14, 2010 @ 08:54 PM
When a couple files for divorce, how does the court decide who will have custody of the minor children?
When evaluating child custody, Michigan courts are required to evaluate the "best interest" factors, a series of considerations which are meant to help the court determine the most appropriate custodial environment for a child. Those factors include:
(a) The love, affection, and other emotional ties existing between the parties involved and the child.
(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
(c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
(e) The permanence, as a family unit, of the existing or proposed custodial home or homes.
(f) The moral fitness of the parties involved.
(g) The mental and physical health of the parties involved.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.
(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
(l) Any other factor considered by the court to be relevant to a particular child custody dispute.
Please note that, while a court will make specific findings under each "best interest" factor when rendering a custody decision, the court's findings are not tallied up like a baseball score. It may be that one party "wins" under most of the factors, but that custody is awarded to the other party on the basis of a factor the trial court considers to be more important under the circumstances. For example, a judge may be sufficiently concerned about a parent who appears to wish to alienate the child from the other parent, that custody will be awarded to the other parent under a strong "factor j" finding, despite the many good qualities of the first parent. Similarly, "factor b" and "factor c" findings may be given considerable weight by a court, if a parent appears unwilling or unable to provide appropriate guidance or support.
The issue of "morality" relates to the effect of the parent's moral choices on the children. It is not intended to include an evaluation of a parent's character outside of the context of the best interests of the children, and the ability of the parent to provide appropriate moral guidance to the children. A parent's involvement in a new romantic relationship following divorce or separation is not the type of "moral conduct" which would ordinarily concern a court.
Contact West Michigan's experienced divorce and custody attorneys at Dykema Law Offices, P.C.
616 363 6611
dykemalaw@aol.com