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Do I Qualify for Social Security Disability Benefits?

Even the most dedicated, hardworking people require help when something unexpected happens. This is especially true when an unexpected medical condition prevents full-time work. If you suffer from a severe medical impairment, you may wonder if you qualify for Social Security Disability Benefits. First, you must prove that you suffer from a severe medical condition which is expected to last for at least one year and prevents you from working. Short term disabilities typically do not qualify for Social Security Disability Benefits. Second, you must have either accumulated enough credits through FICA taxes for the last five to ten years or met the Social Security Administration’s need-based requirements. There are a few exceptions to this requirement, and if you are not sure if you meet one of those exceptions, please call our office for a free consultation at (800) 303-3030. Third, you must contact the Social Security Administration and file

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I Have Been Arrested for DUI – Now What?

An arrest for driving under the influence in West Virginia can trigger a confusing and complicated series of events that often results in more questions than answers. Most drivers are arraigned by video and released within 24 hours of their arrest. At the arraignment, the Magistrate typically informs drivers of their many rights, including the right to a jury trial and the right to secure counsel. Once released from jail, the question becomes – what next? In a nutshell, a driver arrested for DUI in West Virginia has twenty days to request a jury trial in writing at the magistrate court. Likewise, the deadline for requesting entry into the Deferral Program is only thirty days post-arrest. These are just a few of the many deadlines which typically come and go long before the first court date. Moreover, a driver can expect a certified letter from the West Virginia Division of

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Should I Refuse a Breath Test During a DUI Arrest?

I am often asked whether refusing to provide a breath sample during a DUI investigation is a good idea. In answering this question, it is important to distinguish between the preliminary breath test and the secondary breath test in West Virginia. Both tests carry different evidentiary value in a court of law and can have a significant impact on the outcome of your case in West Virginia. The preliminary breath test is the breath test administered on the roadside by an investigating officer using a hand held device. The result of that test cannot be used for enhancement purposes. Also, refusing that test in West Virginia does not trigger an administrative license revocation. Unlike the preliminary breath test, the secondary breath test is administered at the police station using a larger, stationary machine which requires the input of a driver’s information prior to testing. This device is often referred to

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