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Lincoln Family Law Blog

John McHenry appointed to Supreme Court Commission on Guardianships and Conservatorships

John McHenry was appointed by the Nebraska Supreme Court to serve as a member of the Supreme Court Commission on Guardianships and Conservatorships.  The purpose of the Committee is to engage in the analysis and study of the statutes, court rules, and court procedures as they relate to vulnerable adults and children, as well as to their respective legal guardians and conservators.

DO’S AND DON’TS OF A CAR ACCIDENT

You are involved in a fender-bender.  No one appears to be injured.  The damage to the vehicles is not severe.  What should you do next?
  • Don’t drive away, even if it appears that there is no damage.  It is against the law to leave the scene of a property damage or injury accident without providing information.
  • Do call the police.  The officer will complete an accident report that may be vital in determining what occurred and who was at fault.
  • Do move out of traffic and obtain insurance information from the other driver.
  • Do take pictures of the vehicles and the scene of the accident.
  • Don’t assume that no one is injured.  Even if the collision is low-impact, it can cause injuries, which sometimes do not cause symptoms for several days.  If you are concerned about injuries or suspect you are injured, you should get medical attention. Most people have medical payment coverage with their automobile insurance which will pay for medical expenses, regardless of who was at fault.
  •  Do report the accident to your insurance carrier.
  • Don’t sign any releases without being certain about fault and the full extent of your injuries.
  • Don’t accept cash for payment of repairs.  Sometimes there is hidden damage to vehicles.  The damage could be more extensive than you think.

John McHenry elected as President of the Board of Trustees of The Nebraska Masonic Home

John McHenry of Lincoln, Nebraska, was elected as President of the Board of Trustees of The Nebraska Masonic Home in Plattsmouth, Nebraska. John has served on the Board of Trustees for a total of 16 years. The Nebraska Masonic Home was established in 1903 as a private non-profit independent/assisted living long-term care facility.  The Home has always been dedicated to enhancing the quality of life of its residents by offering a full continuum of care through gracious assisted living and quality nursing care.  The Home serves all eligible Masons and their eligible female relatives and has an average census of 95 residents. The Nebraska Masonic Home takes great pride in being able to financially support more than 50 of the 95 residents.  The Home does not receive any monies through the Medicaid government funding program to support those residents who require financial assistance. The Nebraska Masonic Home Foundation provides the funds necessary to support these residents in order to meet all of their personal and medical expenses and the daily operational expenses of our facility. The Home funding depends on the generosity of every Nebraska Mason, friends of The Masonic Home and many Masonic organizations. True to its original purpose, The Masonic Home endures as a testament to the fulfillment of the obligations assumed by each member of the Masonic Order. John encourages all Masonic-affiliated individuals interested in long-term care or assisted living to contact Mary C. Stapp,  Executive Director, for more information on The Nebraska Masonic Home, where active senior lifestyles are promoted through activities and a contemporary living environment and where all care is provided with passion and professionalism.

SOCIAL SECURITY

Did you know that only about 40% of the Social Security disability claims filed are approved at the initial level?  If your claim is initially denied, you can ask for reconsideration by someone other than the person who decided to deny benefits.  Only twenty percent (20%) of the claimants win at the reconsideration level.  If your claim is denied after reconsideration, you may request a hearing from an administrative law judge.  Over one-half of the claimants  who have a hearing receive benefits.  Claimants who are represented by an attorney win a good deal more often than those claimants who are not represented.  These statistics are provided by the National Organization of Social Security Claimants’ Representatives website. If you retain our firm to represent you in your disability case, Jim Haszard and Chris Blomenberg, together with their paralegal, Corinne, will get information from your Social Security file, get additional medical records and other information to support your claim, assist you in completing paperwork requested by the Social Security Administration, prepare you for the hearing and attend the hearing with you.  We can also request questionnaires from your treating physicians which will set forth the specific limitations that the Social Security Administration relies upon for granting benefits. If you have any questions or want to schedule a consultation, contact McHenry Haszard at (402) 476-2200.

BIENNIAL REPORTS FOR LIMITED LIABILITY COMPANY AND CORPORATIONS

All corporations must file biennial occupation tax reports in even numbered years and all limited liability companies must file biennial reports in odd numbered years.  The reports are mailed to the registered agent on record on or about December 15th prior to the reporting year.  The corporate occupation tax report is due March 1 and is delinquent April 15 of the reporting year.  The limited liability company biennial report is due April 1 and is delinquent June 2 of the reporting year. Failure to pay the tax or fee and submit the report as required by law will result in administrative dissolution.  Every year, thousands of entities are dissolved for failing to comply with the law. To ensure that you receive the required biennial report and notice to file and avoid administrative dissolution, make sure to keep the registered agent information current with the Secretary of State.

COPYRIGHT PROTECTION

Copyright laws were instituted to provide the author with exclusive rights to protect their work and promote creativity and learning.  Eight categories of works are copyrightable: *         Literary, musical, and dramatic works *         Pantomimes and choreographic works *         Pictorial, graphic and sculptural works *         Sound recordings *         Motion pictures and other audio visual works *         Computer programs *         Compilations of works and derivative works *         Architectural works. A work is automatically under copyright protection from the moment of the work’s creation. However, to legally file a lawsuit for copyright infringement, the copyright must be registered with the copyright office.  By registering the copyright, the author provides public notification of the copyright and allows the author to seek damages and attorney fees if the copyright is infringed. If you are interested in registering the copyright of your work, contact our office at 402.476.2200.

HAVE YOU BEEN IN AN ACCIDENT AND IT WAS NOT YOUR FAULT?

Did you know that there is one motor vehicle crash every 16 minutes in Nebraska?  Forty-four people are injured in Nebraska each day according to the Nebraska Office of Highway Safety.  Jim Haszard, a partner in our office, is an experienced personal injury attorney.  If you are injured and need assistance, he will meet with you to discuss your case and answer your questions. You may want to consult a lawyer if: 1.         There is a dispute or question over who is at fault, 2.         If someone is seriously injured, or 3.         If the other party does not have insurance. Jim is knowledgeable about the personal injury laws.  He will investigate the accident and gather important photographs, interviews and witness statements.  Jim will negotiate with the insurance companies on your behalf and will contact your physician to obtain records, discuss your medical treatment and obtain medical reports. He will help you negotiate a fair settlement of your case or provide expert representation in court. With most personal injury cases, you only pay Jim if he recovers money on your behalf.  There is no charge for the initial consultation.

IMPORTANCE OF RECEIVING MEDICAL CARE DURING THE SOCIAL SECURITY DISABILITY PROCESS

Your disability must be confirmed by your medical records.  If you don’t obtain medical treatment for your condition, Social Security may determine your condition is not severe because you didn’t need or seek treatment. If you are injured or have an illness that prevents you from working, it may be difficult to pay for the medical care that is necessary to treat your illness or injury.  If you have applied for Social Security disability benefits, the documentation from  your treating physician carries the most weight for the Administrative Law Judge when determining if you should receive disability benefits.  Therefore, it is very important to regularly seek medical treatment for your disability or injury.  If you are unable to pay for your medical care, there are several care providers in the area that offer medical or psychiatric care for free or on a sliding fee basis.  If you need assistance with finding those providers or with your Social Security disability case, contact our office at 402.476.2200 to schedule an appointment.

MCHENRY AWARD RECIPIENT

I am a proud recipient of the John McHenry Award.  I cannot tell you how much joy and pleasure this recognition has brought to me.  I thank Mr. McHenry for making this award possible, and I thank you all for making me a recipient.  I was given special recognition for Iras Temple here in Boise, and I traveled to Reno for a lovely celebration at the September stated session.  This, actually, must be what prompted me to decide to make a gift now, as a thank you to everyone. Sincerely – with Nile love, Julia B. Pangborn

MCHENRY AWARD

John and Nadine McHenry and the law partners of McHenry Haszard Roth Hupp Burkholder & Blomenberg provide a generous gift each year to the Daughters of the Nile Foundation to recognize those who work behind the scenes and give from the heart to support the Foundation’s mission of helping those children served by Shriners Hospitals for Children®. The support from the Daughters of the Nile Foundation helps provide for medical care; therapy; educational re-entry programs; treatment of severe burns and spinal cord injuries; plastic, reconstructive and restorative surgery; any needed physical and occupational therapy; and research and development of new treatments; that is provided to the children at any of the Shriners Hospitals for Children® at no cost to the families. The recipients are recognized at the Supreme Session in June and given a beautiful pin designed especially for the award. For more information about the Daughters of the Nile Foundation go to www.donfdn.org.