Jan
28
Insurance denied claims, stating pre-existing condition. But it’s NOT! How do I appeal/fight back?
Filed Under Law & Ethics | 3 Comments
I went in for an urgent care visit back in October bc I had a UTI. My insurance co refuses to pay the bill, stating that its a pre-existing condition. I.e., I had one less than a year ago and was prescribed antibiotics for it.
However, an infection IS NOT pre-existing unless it is chronic. Furthermore, the UTI in October is technically a NEW infection, as the previous one was treated and “cured” with antibiotics. Hence, the infection cannot be termed pre-existing as it is neither the same infection from before (though yes, the same type - both UTIs) nor is it a chronic condition.
Is there anything I can do to appeal aside from sending a doctor’s note in my favor? I cannot afford to seek out a lawyer for this unfortunately. What can I seek on my own? Any legal cases I can review? Any other documents or letters I could write to help my case?
Thank you in advance
Leo
Jan
26
My laptop was lost when sent for repair to Staples thru Fedex under warranty, both have refused responsibilit?
Filed Under Other - Computers | 2 Comments
My laptop Compaq Presario is covered under 3 year warranty by Staples. When a defect cropped up I was instructed by Staples that they would send a pre-labelled, postage pre-paid, box to me, and I have to return my laptop to Fedex in the box. I did the same and was expecting the repaired laptop in 3 weeks time. 4 weeks later, on enquiring from Staples, I was told that the laptop had not reached them in the first instance, and I should check with Fedex. On calling up Fedex I was told that they have the Return Airway bill no. on their computer but they don’t have a track of the package as apparently the package has not been delivered to them. They also promised to investigate from the drop box /collection center of theirs where the box was left. They never checked with their agent, and never got back. Staples , nor Fedex have not got back to me despite repeated calls since 3 months-I dropped the box mid April. Without taking a legal action is their a Fair Trade Practices Authority or so ?
Albertina
Jan
25
Planning to get married in NYC. Fiance has 3 kids.I don’t want to be stuck paying support. Can a pre nup help
Filed Under Marriage & Divorce | 12 Comments
I want to marry my fiance but I need advice about the laws of New York State. If a person is married does that alter the set amount of child support for the baby and baby’s parent. Basically, I do not want my check garnished because the income for the child is adjusted according to my income or a shared income. Can this situation be avoided and still have us marry? Is there any legal action that can specify that only the income of the parent of the child is responsible for the child support?
Kristian
Jan
25
Me and my ex-bf have a 2.5 yr old son together. He saw my child on and off but my ex and his mom and mom’s bf haven’t seen him in about 2 months as I was tired of the effect it had on my son. We both live in Ohio btw.
My ex filed for visitation and my pre-trial is on the 15th. I do not want visitation for many reasons (read them below). My son lives with me and my husband who has been around since he was about 16 months old and he’ll be 3 next month. He is in a stable home and seems so much better off than going back and forth like he was to my ex’s plus I’ve had a lot of problems with them.
He is a deadbeat who doesn’t work, he’s a HS dropout, has a history of theft, domestic violence against me and other women, stalking, burgulary, etc. An investigator I talked to showed me video of his mother and her boyfriend driving up and down our road in private property. This scares me with his past that he will try to nab my child, steal from me, come physically hurt me or my husband.
A friend of mine told me to get a restraining order at a domestic violence shelter for my ex and his mother harassing me and other members of my family with letters, emails, text messages, IM’s, etc. I get scared they want to take custody of me so I quit responding to anything. Yet I don’t think his mom’s bf works, or his mom and my ex doesn’t work so not sure how they would support my child anyways. Plus my son hasn’t been there in over 2 months and never mentions my ex’s name (he calls him dada and my husband daddy).
Does getting a restraining order put on him before court do anything with setting up supervised visitation for the child? I don’t want them around my child and I don’t want them involved in his life. I also want to get my son’s name change and possibly adopted so I don’t want them to have visitation with him. He and his mother are mentally unstable and I don’t want his image rubbing off on my son. He is a criminal convicted of many charges, in and out of jail, doesn’t work, never got his GED, and I think my son is too young to be yo-yo’ed back and forth like a toy. Plus him and his mother harass me and my family and much of it is insults about me, my family, my husband, etc.
If I HAVE to have visitation, I would want it to be supervised but the attorney I talked to told me I would have to pay it. Plus I don’t want to drive (me and my ex live 50 miles away) being that he is not paying support and our money is tight as it is.
Does Legal Aid do anything with slander and emotional distress? It’s like a daily headache dealing with the new blog he writes online about me or letter my family gets. It’s like they are trying to tear me and my family apart and hurt my new marriage. This is hard and stressful to me, my family, and my new marriage to deal with this drama along with the responsibility of keeping up a home and family. I don’t want this situation to affect my marriage and family and I think they use my son as an excuse to harass me especially about things involving my personal life which have nothing to do with my parenting.
His mother sent me over 1500 emails, wrote letters to family members locally and out of state, sent postcards degrading me to my mother’s job stating I run a **ore house, etc. (totally untrue btw) as well as threats such as father’s and grandparent rights from both of them. Her bf also calls to pick up my son and I don’t want ANY of them contacting me. My ex already had 3 or 4 restraining orders placed against him-3 from ex’s and one from an ex’s new bf which was dropped, so I am hoping it will be easy to get. Please help!!
How should I word things on the orders and I hope they will not allow visitation to my son. Anyone have any advice or been in a similar situation??
Here is background about my ex and his family:
I had a son who is 2.5 with my ex-bf and I am going through a stressful situation. My ex is a crazy, mentally unstable, high school drop out and I’ve had nothing but problems with him and his family (especially after I found someone else).
They tape record phone calls, video tape you and take pics of your car, home, etc. get background reports on you, etc. I have over 1500 emails or so from my ex’s mother even after me and her son broke up. I want to change my son’s last and middle names (I was stupid and gave him my ex’s last name and part of his 1st and middle in my son’s middle name).
I am now married to a great guy who is a great father to my son. My husband works 7 days a week to support us. I graduated college last summer and work part time looking for a full time job. My ex is convicted of burgulary, menancing by stalking (to the the girl he left me for lol) and felony theft. I was called by a senior special agent (criminal investigations) to talk to him and he showed me video of my ex’s mother and her bf driving up and down our road and I moved 70 miles away from my mom’s house and it’s 50 miles or so from my ex’s with my husband.
My ex isn’t going to change his ways, he’s hardly worked his whole life plus he isn’t stable in women, emotions, opinions, etc. The parenting classes is a good idea. Not sure why I can’t sue for emotional distress. Slander-he is trying to ruin the reputation of me, my family, and the relationships I have with them and my new husband. That is uncalled for and has nothing to do with my son but about them trying to have control. He’s had almost 4 restraining orders on him-so I’m not the 1st.
So I can ask in court for him to reliquence his rights? Hmmm I doubt he will but would love if he would or that the court would decide that
I save all info. like that and I am tired of being harassed. He even calls when I don’t have my son demanding to talk to him and that even when I’m at work-something he knows nothing about-and it’s uncalled for. I need some time away from my son and they must think he is glued to me 24/7.
Arden
Jan
25
I have a job that is asking us to “pre”sell things off the company clock. It would be one thing if it was an extra thing I could volunteer for or if I was getting paid to do it, but I have to make a certain amount or I get written up thus getting me in trouble with my work. I wont get paid for the time I take or money I make them.
I don’t work on commissions or bonuses, just hourly. Also, selling is only one of many things I have to do where I work.
Is this at all legal?
Leo
Jan
23
LEGAL NURSES– Law degree and BSN nursing. what could you do with these degrees?
Filed Under Law & Legal | 2 Comments
I am pursuing my BSN in nursing however I was thinking of going for my masters once I am finished, and one of my bosses said why don’t you go get your masters in law instead and use the BSN as your pre-law degree. I thought hmm sounds like an idea.
I know a nurse who is a legal nurse and works with attorneys and insurance companies, she has her masters in law and a BSN for nursing, is that the normal route to take to do this? I know there is also some licensing for Legal nursing certificate, If i got my law degree wouldn’t that look better than a cert?
Does that sound possible to do … BSN in nursing and a Masters in law , do you get paid more for being more credible?
Ah yes a doctorate in my Law, my mistake. Also I do plan on working in the nursing field for a few years before utilizing my law degree because I know experience is important and crucial.
–yes, locates in the US
Lucrecia
Jan
22
Legal ramifications of providing Natural Insemination services (In Maine, US)?
Filed Under Trying to Conceive | 3 Comments
Recently I helped a life long lesbian friend conceive her first child through what I term as, “Natural Insemination”. Yes I do mean sex, however for something she has wanted for many years, that being a devout lesbian has prevented. There was little sexual emotion and seemed mostly mechanical to achieve our purpose.
I say all this because she insisted on paying me for the favor, which I of course denied. I was curious if this would be sexual solicitation, if one was paid for a simple sperm donation? The answer I know is obvious initially, but she has other friends who request my services with much enthusiasm. I was wondering if there was a way to legally offer my services as they seem adamant to receive my donation over a clinic’s (which I have repeatedly recommended prior to this idea). There are no sperm donation clinics in Maine currently, and time is limited for myself as a pre-med student. Thus this could help my financial situation as well as a real job isn’t feasible.
Either way I would be curious if anyone out there has some legal advice into my situation.
In response to the kids possibly coming to my door and requesting child support has been considered. A binding contract would first have to be signed stating I have no responsibility in the matter. I also make sure the mother’s are financially stable and capable of raising a child (as well as going to a clinic to test for possible STD’s, and fertility complications). All I am looking for here is the possibility of doing this legally, similar to a sperm bank that some people refuse to use.
Drew
Jan
21
Need legal advice. what would you do?
Filed Under Law & Ethics | 2 Comments
The other day i got a phone call from a family member saying that someone was threatening them. They wanted me to come over there, so i went, as i knocked on there door, i realized i was set up, since the person was drunk and messed up out of there head on crazy drugs. They came out after me, and i had to defend myself, we got on the ground fighting and i started getting chocked by them and i started to see stars. So me being scared half to death, i started beating the crap out of them in the face until he let me go. I have been trained self defense by a Sergeant in the military a little bit that’s family. So any way. I got loose and ran about 200 yards away and called the law and told them i was being attacked and that i saw the other guy grab a gun and fire a single shot at me as i was running away, well the other person saw me calling the law and they called them also saying i was the attacker. then went out and busted my car window out and took my keys so i couldn’t leave. The bad thing is that i have a hand gun carry permit and carry a .45 on me. I have never ever been in trouble never been accused of anything, well the other person has a bad rep, and been arrested countless time for fighting and etc. When i was talking to dispatch i told them i was carrying a concealed weapon, that it wasn’t used, but would if i started getting shot at again. anyway I was arrested for aggravated assault, since i hurt him so bad, broke a few bones in his face. but not for me carrying a weapon. But it was self defense. He got arrested for more things than i did, since they searched his house and found stuff. Well my lawyer is wanting me to plead guilty for simple assault and take pre trial diversion and 11-29 probation. the thing is if i do that i will loose my carry permit and have a record. I believe i can fight the aggravated assault charge and beat it due to his very bad record, and me being a pretty respected person. But if i have to start going to court, i will have to miss a few days college and if i start missing i will get kicked out due to it being government paid. So im in a predicament. what should i do. Plead guilty to simple assault on 1 court date, and be done with it. or fight it in court and take the chance on winning or loosing, but loosing my schooling. I just don’t know what to do? Any legal advice would be help-full.
The other guys blood content was 4x the legal limit. He hadnt been takeing his crazy medicine and he’s bipolar. He takes steroids for his back, and hydorcodone 7.5s. He aslo takes Zanex’s for his nerv’s. He had all them mixed at the time of the fight. sorry for the spelling
Adeline
Jan
20
About a year ago, I went to the hospital with chest pains and thought that I was covered by my insurance company. Well, since it was a pre-existing condition (was never directly linked to my heart disease) my insurance wouldn’t pay for it. The hopital bill was a little over 9000 dollars. 6 months ago they started to take 25 percent of my wifes paycheck. We’ve paid over 3000 dollars. Now they are going to garnish BOTH of our checks, cutting our monthly income in half. We cannot live on half of our monthly income… We can barely pay for the essentials with half of our income (gas, electric, etc.) Is it legal for them to take HALF of our income? I just dont understand why they feel the need to take so much when we have been paying and its not getting snubbed. Thank you for your time…
Love
Jan
20
What is the easiest procedure after I have exhausted all appeal options in my state on a civil judgment?
Filed Under Law & Ethics | 2 Comments
Very brief explination. I own a bonding company. I posted a pre-trail only bond for a defendnat. He pled guilty and was sentenced to 9 years in prison. The judge let him go home for 30 days before reporting to the prison. Missouri law says that when he is sentenced he is to imm. be taken into custody. I appealed and the appeals court denied my appeal saying it was legal, even though Missouri law says different. I need to get this decsion reversed in federal court, perhaps through a writ of certori, but what other than judicial desretion or judical activism do I argue. My problem is my attorny is my best friend and he is in uncharted territory. My wife and I have five kids and we really cant afford to pay this $100,000 judgment just becasue a judge and his buddies think it is ok to do what they did, even though it is in clear conflict with state law and the bond was marked clearly as Pre-trial a stay of execution would be a psot-trial matter. Please Help!
Jacinto









