McWhirter, Bellinger & Associates, P.A. Blog

Hip Implant Maker Aware of 40% Failure Rate

Tue, 03/05/2013

In newly disclosed court documents, a study conducted by Johnson and Johnson revealed that 40% of its DePuy A.S.R. all-metal hip implants would fail within five years. In mid-2010 the company recalled the devices. Approximately 30,000 received the A.S.R. Hip Implants in the United States.

If you were the recipient of a Depuy A.S.R. Hip Implant, or any metal-on-metal hip implant, call our offices today at 800-922-5523. You may have a claim for money even if you are not presently having problems with your implant. The time limit for filing claims regarding some of these hip implants runs out in August, 2013. To protect that claim, you need to file before the deadline. We would like the opportunity to file that claim for you.

Again, the deadline for filing claims for some of these hip implants is fast-approaching, so call us today at 800-922-5523.

"It won't cost you anything to see if we can help." ^®

Social Security Disability

Tue, 09/04/2012

If you've already filed your first Social Security Disability claim, then you know how time-consuming it can be. If you haven't heard anything back yet, then you may also be frustrated when you've attempted to call the Social Security Office because you either cannot get in touch with a representative or you've left several messages and heard nothing in response.

When you do finally get in touch with someone over the phone, then that individual may not give you the individualized, specific attention you need. The best way to get in touch with a Social Security Disability representative is to actually go to the Social Security office in your area and speak with someone in person. When you go to the office, you can fill out your Social Security Disability application there so that you can ask questions as needed.

If you or a loved one has filed for Social Security Disability and been rejected, then call McWhirter, Bellinger, & Associates.

Tractor-Trailer Accidents

Wed, 08/15/2012

If you've been watching the news lately, then you've probably realized just how dangerous colliding with a tractor-trailer on the interstate can be. Here are some tips for avoiding a collision with a tractor-trailer:

First, do not drive beside the truck for extended periods of time. Tractor-trailers are large and they have many blind spots. If you are beside the truck, then it may be difficult for the driver to see you. Second, stay patient with truck drivers.

Many truck drivers do drive aggressively and push the laws of the road, but if a truck driver is riding very closely behind you, then just get out of his/her way. A collision with a tractor-trailer could be fatal because you vehicle is designed to keep you safe from other normal vehicles, not tractor-trailer. Third, tractor-trailers have tire blow outs on a fairly regular basis. As a result, you need to maintain a good distance behind tractor-trailers when driving down the Interstate and try not to ride beside the tractor-trailer for extended periods of time.

If you are in a collision with a tractor-trailer, call 911 immediately so that your injuries and the injuries of others will be addressed. Next, remove your vehicle from the road. When the police officer(s) arrive, answer all of their questions truthfully, and remember to ask all other witnesses for contact information before leaving the scene. Finally, contact your insurance agency and bring them the appropriate paper work.

If you or a loved one has been injured in a tractor-trailer accident, then contact McWhirter, Bellinger, & Associates.

Boating Accidents

Wed, 08/01/2012

If you live anywhere between Lake Marion to Lake Wateree, then you are likely to be on a boat at some point this summer. However, as fun as boating may be, it can also be dangerous if you do take the proper safety precautions. To avoid a boating accident, you should always wear a properly-sized life jacket, even if you are a really great swimmer. If the weather looks bad, then err on the side of caution. The best way to ruin a nice summer day is to get stuck on your boat in the middle of the lake in a thunderstorm.

When traveling around other boats, remember to maintain a safe distance and to steer people on tubes or other watercraft away from other boats. Do not drink alcohol while steering a boat. Alcohol can impair your ability to steer the boat and put yourself, your passengers, and other boaters in danger. Be sure not to idle in a no wake zone, race, or speed because these actions are all in violation of South Carolina law.

If you or a loved one has been injured in a boating accident, then call McWhirter, Bellinger, & Associates.

Actos- Dangerous Drugs

Wed, 07/04/2012

Actos is a medication doctors prescribe for diabetes. For years, you or a loved one may have taken this medication. Recently, Actos has been linked to bladder cancer. Here are some symptoms of bladder cancer: blood in your urine; painful urination; constantly feeling like you have to use the restroom; and using the bathroom on a very frequent basis. Seventy thousand people in the United States are diagnosed with bladder cancer every year.

If you have taken Actos and think you might have bladder cancer, you should first consult your doctor. He will probably refer you to a urologist. You need to see a doctor as soon as possible because your urinary tract system can affect your kidneys, and you do not want the cancer to spread. When you feel like you have a grasp on the situation, you should then consult an attorney because you could have a case that may partially compensate you for the stress, frustration, and financial hardship of fighting cancer.

If you or a loved one has taken Actos and been diagnosed with bladder cancer, then call McWhirter, Bellinger, & Associates.

Dangers of Texting and Driving

Mon, 06/04/2012

As tempting as it may be to answer a text while driving, texting and driving can be extremely dangerous. You may think that just because you look away for a few seconds, you are safe. However, you can travel 100 yards in 5 seconds! Five seconds is only enough time to read a text - imagine how far you could travel while responding! Texting while driving is the leading cause of death for people between 15 and 20 years old, and 46 percent of teens openly admit to texting while driving.

As a parent, what can you do to keep your child safe? Check your teen's data and text usage on your online statement. If you see that your teen is texting while you know he or she is driving, then you could warn them and then take their phone for a limited period of time. In the alternative, you could ensure that your teen's cell phone has a voice to text application. The voice to text application will convert what your teen says into the words of a text. A hands-free way to text could be an easy and safe alternative.

If you or a loved one has been injured by a driver who was texting while driving, then call McWhirter, Bellinger, & Associates.

May is Motorcycle Awareness Month

Fri, 05/04/2012

May is Motorcycle Awareness Month in South Carolina, so here are some tips to keep motorcycle owners and riders safe on the road. First, you should always wear a helmet certified by DOT and remember to always fasten it. In 2009, there were 108 motorcycle related deaths in the State of South Carolina, and of those deaths, 82 riders were not wearing helmets. Wearing a helmet can significantly reduce your chance of death if you are involved in a motorcycle accident.

Second, you should wear some sort of eye protection, whether that be sunglasses or goggles. Rocks and debris fly up from the road on a regular basis, so you need to protect your eyes from damage. Third, you should wear the appropriate clothing when riding your motorcycle. Jackets and pants made specifically for riding motorcycles will best protect you from injury if you fall.

If you or a loved one is involved in a motorcycle accident, then please call McWhirter, Bellinger, & Associates.

Am I Eligible for Social Security Disability Benefits?

Fri, 12/23/2011

Qualifying for Social Security disability (SSDI) benefits is not as straightforward as it might seem. In order to receive benefits, you first must meet the Social Security Administration’s definition of “disability.”

If you have a severe condition that is totally disabling, preventing you from doing any work, you should qualify for Social Security disability benefits. Additionally, if your disability has already lasted or is expected to last for at least a year, you qualify as disabled. The SSA will not pay for partial or short-term disabilities, only for total disabilities.

Besides meeting Social Security’s strict standards for disabilities, you need to have worked long enough within a certain period of time to qualify for benefits. Social Security “work credits” are based on your total annual income, and you can earn up to four of them each year. The number of work credits that are needed to qualify for SSA disability benefits will depend on your age when you first became disabled. In most cases, you need around 40 credits, 20 of which were earned in the last decade. However, some younger workers can qualify with fewer credits.

If you do not have enough work credits, but you are still totally disabled according to the SSA’s definition, you may qualify for Supplemental Security Income (SSI) disability payments. The SSI is a needs-based program, meaning you will need to meet specific household income and asset restrictions before receiving approval for SSI payments.

For more information about qualifying for SSDI or SSI benefits, please contact our experienced South Carolina Social Security disability attorneys at McWhirter, Bellinger & Associates, P.A. today for a free initial consultation. It doesn’t cost you anything to see if we can help.

Filing for Social Security Disability Benefits

Tue, 12/20/2011

If you have a disability that prevents you from working, you may be eligible for benefits from the Social Security Administration. Unfortunately, collecting these benefits is a complex process that often leaves many qualified candidates without the monetary assistance they need and deserve.

You can apply for Social Security disability (SSDI) benefits in one of three ways:

By visiting your local Social Security office
Applying online at www.ssa.gov
By calling 1-800-772-1213

Once you have applied, you will either be rejected or accepted by the SSA. If you are denied benefits at any point in the process, you will have 60 days to appeal the SSA’s decision.

The application process for Social Security disability benefits involves lots of paperwork, red tape, and deadlines that can cause your claim to be delayed or denied. If you are not prepared, our experienced South Carolina social security disability attorneys at McWhirter, Bellinger & Associates, P.A. can assist you in obtaining the benefits you deserve.

If you are eligible for benefits, or if you have been denied benefits that you are eligible for, contact us today for a free initial consultation. It doesn’t cost you anything to see if we can help.

McWhirter, Bellinger & Associates, P.A. has offices in Aiken, Columbia, Camden, Lexington, Orangeburg, Newberry, and Sumter, South Carolina.

What Qualifies as a Disability?

Thu, 12/15/2011

In order to collect Social Security disability (SSDI) benefits, you must meet the Social Security Administration’s definition of “disabled.” The SSA uses a five-step process to determine whether or not you are disabled and eligible for benefits; this evaluation process is based around your inability to work.

The five questions the SSA uses to evaluate your disability are:

Are you working? – If you are working in the current year and your earnings have averaged over $1,000 a month, you cannot generally be considered disabled. If you are not working, you can move on to question #2.
Is your condition “severe”? – In order for your disability claim to be considered, your condition must be severe enough that it interferes with basic work-related activities. If you meet this qualification, you can move on to question #3.
Is your condition found on the SSA’s list of disabling conditions? – The SSA maintains a list of major medical conditions that are so severe that they automatically qualify you as disabled. If your condition is not already on this list, the SSA will have to decide whether or not it is equally severe to a condition that is present on the list. If they decide it is not, you must move on to question #4.
Can you perform the work duties you did previously? – If your condition is severe, but the SSA determines it is not as severe as a medical condition on the list, then the SSA needs to determine whether or not it interferes with your ability to perform the job duties you performed previously. If your disability does not interfere with your work, the SSA will deny your claim. If it does, you can proceed to question #5.
Can you perform any other type of work? – If you cannot perform the work you did in the past, the SSA will try to determine if you are capable of adjusting to another type of work. They will consider your age, your medical condition, your education, and your past work experience, judging any transferable skills you might have. If they determine you cannot reasonably adjust to another type of work, your disability claim will be approved. If you can adjust, your claim will be denied.

If you have further questions about Social Security disability, please contact our experienced South Carolina social security attorneys today for a free initial consultation. McWhirter, Bellinger & Associates, P.A. has offices in Camden, Sumter, Lexington, Newberry, Orangeburg, Columbia, and Aiken, South Carolina.

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