When a married individual is applying for Supplemental Security Income, the income of the disabled claimant’s spouse will be taken into account when determining the disability benefit. This is because the income of the spouse who is not medically eligible for SSI may be deemed available to the SSI claimant.

How much spousal income can be deemed available to the SSI recipient, thereby reducing his or her social security benefits?

The rules for deeming spousal income available to an SSI claimant are complicated. In general, the first thing SSA does is to exclude from the spouse’s income, all types of income that cannot be counted when determining income. Income from food stamps and housing subsidies, for instance, cannot be included.

Once countable income is determined, SSA deducts an allocation for each of the spouse’s children who are ineligible for social security benefits. The amount of the allocation is the difference between the Federal Benefit Rate for an individual ($674 in 2010) and the Federal Benefit Rate for a couple ($1011 in 2010). Thus, an allocation of $337 is allowed for each child ineligible to receive a disability benefit.

Example: if a spouse has $900 of countable income and two ineligible children, $674 (or $337 x 2) will be deducted from the countable income (reduced from unearned income first, then earned), equaling $226.

Once all exclusions and deductions are made, if the spouse’s income is greater than the amount above ($337 in 2010, or FBR for a couple minus FBR for an individual), SSA will calculate the claimant’s disability benefit as if he/she were a couple receiving SSI rather than an individual. In the example given above, the individual rate would be used rather than the one reserved for couples receiving SSI, as the reduced amount is less than $337. In other words, there would be no spousal income deemed to the SSI claimant.

However, if the total amount of spousal income after all exclusions and deductions is greater than $337, the amount for couples would be used instead. In this case, countable income for both the individual applying for social security benefits and the individual’s spouse would be determined. First, all earned income for both the individual and the spouse (as deemed in the method described above) is totaled. Then, all unearned income is totaled.

Exclusions are calculated next. i.e., the first $20 of unearned income (gifts, inheritances, pensions, etc.) cannot be included and will be deducted from the combined unearned income for the couple. This $20 is referred to as the “general income exclusion.” Similar to the general income exclusion for unearned income, the first $65 of earned income cannot be counted, nor can the remaining half of earned income after the $65 deduction.

Thus, if a claimant and spouse earn a total of $1000 per month, and receive a total of $100 in the form of a monthly gift or inheritance, only $80 of the unearned income can be counted ($100 – $20). $467.50 of the earned income can be counted ($1000 – $65 = $935 divided by 2). So, of $1100 total monthly income, only $547.50 is countable. This final amount is subtracted from the FBR amount for couples, or $1011. Thus, in the example given, the SSI recipient would be eligible to receive $463.50 in social security benefits.

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There are two types of legally recognized way of committing sexual harassment: (1) Quid pro quo sexual harassment; and (2) Hostile environment harassment.

I. Quid Pro Quo Sexual Harassment

Quid pro quo sexual harassment occurs when an employee is offered to be retained in his/her job or be promoted in exchange for sexual favors. In case of a student, the offer is to help receive a good grade or a favorable recommendation in exchange for sexual favors. The person who commits quid pro quo sexual harassment is a person with power to influence the victim’s employment or educational situation like a supervisor, manager or a teacher in case of a student. An example would be if a manager suggests that an employee goes out with him on a date or asks for a neck or back rub every so often in exchange for retaining her post or be promoted.

In this type of sexual harassment, it is not important if the victim gave in or agrees to the offer. It is enough that the harasser floats or makes the offer and the victim is not barred from filing a claim if he or she later on changes his or her mind.

II. Hostile Environment Sexual Harassment

Hostile work environment sexual harassment, on the other hand, occurs when a co-worker, manager or supervisor in the work place makes unwelcome sexual advances which interferes with work performance or creates an intimidating, hostile or offensive work environment, or learning environment in the case of students. The sexual harassing conduct could be verbal, non-verbal, visual or physical. Example of a verbal harassing conduct is when one makes a sexual comment about a person’s clothing, anatomy or looks. In cases of non-verbal sexually harassing conduct an example would be leering, staring or glaring at someone. Visual sexually harassing conduct on the other hand could be displaying sexually suggestive calendars, photographs, posters or cartoons in the workplace. Physically harassing conduct is when someone gives a massage around the neck or shoulders and the victim did not ask for it and regards it as offensive.

In this type of sexual harassment, even the employer is liable if he has knowledge or should have knowledge of the sexual harassment perpetrated on one of the employees and the employer either does nothing about it or even faulted the victim for the happening of the sexually harassing conduct.

In both cases, it would be to the best interest of the victim to secure the services of a lawyer immediately to protect the victim’s legal rights.

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A criminal record can have a very serious negative impact upon your life. It can hurt your reputation, lessen your earnings capacity, keep you from obtaining licenses or certifications in certain professions (for example, lawyer or teacher) or keep you from being employed at all. To the extent that you can, if you have such a record, you should have it expunged as soon as possible.

In Pennsylvania, to get adult criminal records expunged, the individual must file a Petition for Expungement with the Court of Common Pleas in the county in which the offenses occurred. At the time the petition is filed, a hearing is scheduled before a judge who will determine if the expungement request should be granted.

With two exceptions, only non-conviction data can be expunged. Non-conviction data includes:

1. Arrest records that show no disposition took place after 18 months and the court of the proper jurisdiction certifies that no action is pending.

2. Cases that were dismissed or discharged because of lack of evidence or lack of prosecution or because there was no finding of guilt after trial.

3. Cases that were dismissed or discharged because the offender successfully complied with the terms and conditions of certain pretrial dispositions such as the ARD (Accelerated Rehabilitative Disposition) program.

Conviction data may be expunged where the offender is 70 years old and has been free of arrest for at least ten years following his or her final release from supervision. It may also be expunged where the offender had been deceased for at least three years.

In determining if the request for expungement should be granted, the court will take into consideration many factors. These include damage to the individual’s reputation, his livelihood and future earnings capacity, the nature and gravity of the offense, the individual’s prior criminal history and the state’s interest in preserving the record to protect the public.

State law specifically prohibits the courts from expunging records, even though the offender has successfully complied with the terms of ARD where he or she had been charged with certain sexual assault or related offenses against victims under the age of 18.

The Court order for expungement will be promptly submitted to the Pennsylvania State Police Central Repository for Criminal History Information in Harrisburg, Pa. This agency will disseminate the order for expungement to all other agencies who have previously receive the information that is the subject of the order.

It is important to have complete and accurate criminal history information when filing your request. The Petition for and proposed Order of Expungement must contain by statute information such as the subject’s name, date of birth, social security number, the offenses with which the subject was charged, the case’s docket number, the offense tracking number and the disposition of the case. If this information is not contained in the Petition, the court will dismiss it.

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When your car breaks down, you might refer to it as a “lemon.” However, there’s a big difference between a car that occasionally behaves like a lemon and a car that meets the legal definition of your State’s lemon law. Most people think that a car that has numerous problems while still under warranty is a legal lemon. However, the Lemon Law varies from state to state, and what qualifies as a lemon in one state might not qualify as a lemon in another. Also, many people do not know that there is a federal lemon law that has a more relaxed standard than the statute. To find out if you’re driving a lemon, you should consult with a Lemon Law attorney or review the Lemon Law statutes for your state. However, if you simply want basic information regarding Lemon Law, the following is list of frequently asked questions that may help you out.

- Question 1: What is the legal definition of a lemon?

Each state has different legal criteria for establishing vehicles as lemons. However, a new vehicle that is repaired four or more times within the first year and still continues to suffer from the same defect generally achieves lemon status. In most states, the recurring problem must be something that significantly reduces the vehicle’s use, market value or presents a safety hazard. There is also a federal lemon law which can provide compensation in many instances when a vehicle does not meet the definition of the state lemon law.

- Question 2: How do I know if I have a lemon?

Again, if your vehicle is under warranty and is repaired four or more times for a persistent problem that significantly reduces its use, market value or presents a safety hazard, you probably have a lemon. However, in some cases, a safety hazard that cannot be resolved with only one repair qualifies a car as a lemon. For conversation’s sake, a car that breaks down or has a malfunctioning transmission would most likely qualify as a lemon due to decreased use, market value and even safety, while a car that failed to brake properly would qualify as a lemon due to a safety hazard and market value.

- Question 3: Do I need an Attorney if I have a lemon?

If the dealer is not being helpful and your calls or letters to the manufacturer are not being answered, you may want to avoid aggravating yourself further and wasting time. If you fail, you will have wasted precious time if you then have to hire an attorney. Hiring an attorney generally serves to expedite the compensation process.

- Question 4: Will I be compensated for attorney’s fees?

By using a combination of the state and federal lemon law you can generally recover attorney’s fees if your case is successful. However, you need to also pay attention to the type of Agreement you have with your attorney as that will govern how attorneys‘ fees are handled between you and the attorney. Also, make you should be aware that some states lemon laws require you to pay the manufacturer’s attorney’s fees under certain circumstances if your suit is unsuccessful.

- Question 5: Can leased cars, leased cars, motor homes and motorcycles be lemons?

By using a combination of the state and federal lemon law you can generally recover for leases cars as well as purchased cars. Some states also protect used cars, although under different statutes than apply to new cars. Most states cover the drive train of motor homes but not the dwelling portion of a motor home. Only a few states protect motorcycles. In the event that your vehicle isn’t protected by state lemon law, you still have rights under the Uniform Commercial Code and the Magnuson-Moss Warranty Act, provided that your vehicle came with a written warranty.

- Question 6: How will I be compensated if I own a lemon car?

Under most state’s laws you generally have the option of either receiving a new vehicle that is similar in price, expected performance and style to your current vehicle or receiving a full refund of your vehicle’s purchase price, minus a mileage based allowance. In addition, you may also be reimbursed for various collateral costs in either case.

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If you are planning to purchase a used car, you may be thinking if you are qualified for Lemon Law benefits for used cars. Well, it’s easy to qualify for Lemon Law benefits as long as you fall into any of the following situations:

Situation 1: You may be qualified for breach of warranty compensation if you have any of the following:

Any warranty provided by your car manufacturer when you bought your vehicle. For an instance, almost all types of vehicles sold with less than 36,000 miles are entitled to this; however, if you have a longer warranty, you may be provided with a longer time.

Your vehicle was manufacturer “certified”. This is true for cases when your vehicle came with 1 year manufacturer’s warranty.

You bought an “Extended Warranty” supported by the vehicle manufacturer. This is true for 5-year warranty or longer.

Typically, these cases fall beyond the state lemon law’s scope; however, they are covered by special lemon laws under the federal jurisdiction.

Situation 2: If you don’t have any manufacturer’s warranty, you may qualify for compensation for consumer protection laws’ violations that are not under the scope of range of the lemon laws. Below are some of the issues and/or problems your vehicle may be facing:

Laundered Lemon or prior history of different mechanical problems the seller is aware of such as Previously wrecked or salvaged vehicle,Deceitfully rolled back odometer,stripped, stolen,rebuilt vehicle,or Vehicle involved in a flood.

Lemon Laws vary from one state to another. Therefore, accurate and pertinent information on both the scope and limitations of Lemon Laws in your state should be acquired from a Lemon Law attorney practicing in that state.

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You may be wondering: why should I check out those California lemon laws first before I make a deal with a car dealer in any part of California? The answer to that is this: you are a paying customer and you deserve nothing but the best. However, some car dealers not only in California but also in other states and in other parts of the country are pretty devious and they may offer you a lemon, which is a defective car that looks like a fully functional one. Most defects in a lemon won’t be apparent at the time of purchase but you’ll start noticing it after weeks or months of use. You are just protecting your rights as a consumer and preparing for the possibility of getting a lemon. That’s why you need to learn more about those California consumer protection laws and everything in between pertaining to buying a new automobile.

Keep in mind that lemon laws differ from state to state and you want to be aware what coverage is there in those California statutes. The general lemon car coverage in California is this: any new motor vehicle purchased and used for personal reasons are covered. This includes household and family purposes too. Another thing covered by these California laws is the framework portion of those motor homes. Not only that, motor homes and other recreational vehicles are also covered by these laws in California and more. So, you see, it’s not just cars or motorcycles. If you use trucks, semi-trucks and 18 wheelers which turned out to be lemons, those are covered as well.

Do you know the coverage period for California lemon laws? That would be 18 months or 18,000 miles. Aside from that, you should also learn about the required repair intervals under those California provisions. That would be two repair attempts. This is for a certain defect that may cause serious injury or death. It can also be four repair attempts or for the vehicle to be out of service for 30 calendar days. If you want to know more, you can always search for information online or perhaps discover and hire a trusted and expert lawyer that can teach you more about this type of law. That lawyer will be the person responsible in helping you defend your rights and get what you mostly deserve out of this lemon car issue. Many attorneys specialize in this type of law and can provide you with a free consultation about your particular case.

You should also check out if these California laws cover secondhand or used vehicles as well. Don’t you know that most lemon cases happen in the trading of used cars rather than the new ones? If those California consumer protection laws have indeed included in their coverage those used cars, then certain California residents who are planning to buy secondhand cars don’t have much to worry about. Why don’t you make it a habit to learn and understand your state’s lemon laws?

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Civil rights are considered the natural rights. This set of laws was established to promote freedom and equality among the citizens of a democratic nation. Civil rights protect the citizens from discrimination based on race, class, gender, religion, age, nationality, political party, and disability.

In most countries, both civil and political rights are codified as constitutional rights. They are included and clearly stated in the bill of rights of a particular nation. The civil rights refer to the first ten amendments of the United States Bill of Rights. Just like the universality of civil rights in general, it entitles American citizens the following basic constitutional rights:

- The First Amendment protects the citizens’ rights to freedom of speech, religion, and assembly.

This is quite self explanatory. The most important declaration that prohibits the federal government from making laws that may interfere or limit people’s liberty to choose a religion, self expression (free speech and free press), and ability to organize a political assembly.

- The Fourth Amendment protects citizens from unreasonable search and seizure of their homes and properties.

This ensures that unreasonable search and seizure of a person’s home and property is illegal unless a search warrant, warrant of arrest, or a similar court order is presented by the law enforcer. A probable reason should be established and explained to the individual prior to any search and seizure. Police officers are even required to present a documentation of the exact location of the search and the exact description of what they are looking for.

- The Fifth Amendment protects citizens against abuse of government authority in a legal procedure.

This law secures procedural protections for criminal defendants and ensures that the government may not deprive a citizen of life, liberty, or property without due process of law.

- The Sixth Amendment protects the citizens’ rights to a speedy and public trial, trial by a jury, and a right to counsel.

This is an extension of the Fifth Amendment in terms of procedural protections. The old adage that a person remains innocent until proven guilty is what this is all about. The defendant of a criminal prosecution has the right to a speedy trial which is usually gauged through the absence of unreasonable delays. It also grants the right to be represented by an attorney of his choice or self representation if the defendant is competent enough. Lastly, the right to an unbiased jury is also ratified in this amendment. Exception to jury right are petty crimes which requires only a short time of imprisonment.

- The Eighth Amendment protects citizens against federal government abuse in the form of excessive bail, excessive fines, cruel and unusual punishments.

Bail refers to the process of depositing money in order to temporarily release someone from jail until trial proper. It is illegal to require the defendant to pay excessive bails and fines. Cruel and unusual punishments such as boiling to death, burning alive, stoning, disembowelment, and other forms of torture are prohibited by law. The execution of individuals who are under 18 and/or mentally disabled is also considered as violations of the Eighth Amendment.

A lot of questions have continually emerged as to what extent the government can intervene in the ever changing issues that society has faced through out time. Although there is a remarkable improvement from the time of the Civil Rights Movement, issues concerning discrimination are still a work in progress. One thing’s for sure, if people are deprived of their civil and political rights, history has it that social unrest may be inevitable.

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A divorce and following settlement is usually done by going to court. A judge looks at all the income, time married, children involved, and other issues that need to be addressed. But is winning the lottery considered income pertaining to child support payments? After the settlement has been reached can someone want some of the winnings?

Winning the lottery is not very common, but if it is done, what is the responsibility of the winner to address their settlement payments? When the County of Contra Costa versus Lemon, looked at this issue their decision were rendered for such a situation.

One lucky guy won over a hundred thousand dollars. His ex-wife and their child were living off welfare because he did not make much income himself. But when he won the lottery the District Court Of Appeals decided he should pay the welfare payments from his winnings and to begin paying his ex alimony. So he was made to use his winnings as his form of income.

The IRS and the State consider lottery winnings fair game for taxing and actually tax them higher than other income. So if you are not paying your support and win something like this, it can actually be used to pay any alimony or support you already owe and have not paid so far.

It is considered income if a person invests the winnings and then has interest that they receive every so often. This interest is considered their income and can be used in settlement decisions, or can lead to an ex taking someone back to court to receive more support based on the winnings. Pratt versus McCullough and Moore versus Youngquist also further cemented the fact that if winnings are paid out over time they are also considered potential income.

The Lottery Winners Intercept Program was established in California to make sure that anyone who wins does not owe any back support. If they do, then that amount is taken from the winnings and paid to the ex. This way the deadbeat parent cannot enjoy the winnings without taking care of their responsibilities.

Some other examples of this are in Marriage of Bohn, reMarriage of McCord, Re-Marriage of Gudzelak, and Darden versus Darden which cited that individuals owing support will need to include their winnings as income.

If you are playing the lottery and you do win, you might want to make sure that your responsibilities are taken care of, otherwise you may find that winning the lottery is considered income pertaining to child support payments.

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What happens when a Contractor performs work or delivers product for a Customer, and the Customer doesn’t pay? If he is smart, the Contractor files a Mechanic’s Lien against the Customer. A Mechanic’s Lien is a legal procedure wherein a Contractor or Sub-Contractor can place a lien on a property owner’s real estate when that owner has failed to pay for services or products. That lien prevents the homeowner from selling or transferring the property unless and until the lien is satisfied. The lien is filed in the Court of Common Pleas of the county in which the non-paying property owner’s property is located.

In order to file a Mechanic’s Lien, the Contractor must set forth all of the following:

(1) the terms of the contract;

(2) the amount alleged to be due and owing;

(3) the name of all parties involved in the contract/transaction;

(4) the date of the breach of the agreement; and

(5) the property location where the work was completed. In order for a contractor to file a lien in Pennsylvania, he must do so within six

(6) months of the time that the work was completed or the product was delivered.

It is important to know that a Sub-Contractor can file a Mechanic’s Lien against a homeowner as well. This is a bit of a different scenario because it is typically the Contractor who is responsible for paying the Sub-Contractor. In a situation where the Sub-Contractor is owed money, he can file a lien against the homeowner. If a Sub-Contractor wishes to file a Mechanic’s Lien, he must first give the property owner thirty (30) days formal notice, in writing, of his intent to do so. That notice must explain that he performed work on the named property, but that he hasn’t been paid for his services. The homeowner then must pay the Sub-Contractor for his services, and try to re-coup the monies from the original Contractor.

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I have been practicing law for about 11 years now, and the last few years have been focused on handling Lemon Law claims. The number one question that I receive at my office is “Does the PA Lemon Law cover used vehicles?” As of the date of this writing, 2008, the answer is no. Fortunately, though, there are several other laws that protect you if you have purchased a defective used vehicle in Pennsylvania.

The first such law is the Magnuson Moss Warranty Act, otherwise known as the federal lemon law. The Magnuson Moss Act provides protections that are similar to the PA Lemon Law to any person who purchases a vehicle which comes with a written warranty. If the vehicle exhibits defects or non-conformities, and those defects cannot be repaired after a reasonable number of attempts, the owner may be able to bring a claim under this law, in an attempt to recover cash compensation, a replacement vehicle, or a full refund, depending upon certain circumstances. The Magnuson Moss Act also provides for recovery of Attorney fees if the individual prevails on his claim.

The next law that protects purchasers in Pennsylvania is the Unfair Trade Practices and Consumer Protection Law. This law, in a nutshell, provides protections to individuals who have purchased defective vehicles, where the seller has made an affirmative representation about the quality or fitness of the vehicle, or where the seller is in the business of selling automobiles. The Unfair Trade Practices Act is a general law that is not limited to vehicles, but rather, it covers all kinds of products and services that are not up to an expected standard in Pennsylvania. Knowledgeable attorneys use this law every day to assist clients with defective product claims in PA.

Another law that provides protections to Pennsylvania purchasers is the Automotive Industry Trade Practices Act. This law sets forth rules, regulations and mandatory guidelines that automobile dealers must follow in the sale of motor vehicles. This law hits many different issues that can come up with the sale of a motor vehicle, including advertising, servicing, types of contracts and forms, disclosures, warranties and more. In practice, I have found that this law is not taken advantage of by enough of us who are engaged in the legal profession.

While the Pennsylvania Lemon Law does not provide direct coverage for used vehicles here in PA, it should be clear that there are many other laws that do provide protections and remedies in the event that you purchase a defective used car in Pennsylvania.

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