"The use of personal health records holds great promise for ensuring that the medical information we collect from someone applying for disability benefits is accurate and complete," Commissioner Astrue said.  "Combined with other advancements in health information technology, our use of HealthVault should result in faster decisions for disability applicants.  I look forward to working closely with Microsoft, a world-wide leader in information technology."

Social Security and Microsoft are developing a technical prototype connecting the two organizations that will be available later this year.  The agency also will collaborate with Microsoft to study current personal health record standards, gaps in those standards, and options for filling those gaps

The primary issue under consideration in this case was the requirement under KRS 304.39-320 and Coots v. Allstate Ins. Co. for an injured person or personal representative who "agrees to settle a claim with a liability insurer and its insured" to provide written notice of "the proposed settlement" by certified or registered mail to all uninsured motorist insurers that provide coverage.

After sustaining injuries from a car accident, James Malone filed suit against Timothy Bruce, the other driver involved in the collision, and against Kentucky Farm Bureau Mutual Insurance Company, Malone's underinsured motorist insurance (UIM) carrier. Prior to trail, Malone accepted the offer of Bruce's liability insurance carrier, Atlanta Casualty, for the limits of the policy in exchange for a release from further liability. Malone's counsel sent a certified letter to Farm Bureau stating, in part:

"Atlanta Casualty has advised that they have policy limits of $25,000.00 and this amount has been offered to settle their portion of Mr. Malone's claim. We are considering whether to accept this offer. In the meantime, because of the seriousness of Mr. Malone's injuries, we are making a claim for the policy limits of all applicable policies issued by Kentucky Farm Bureau for underinsured motorist coverage."

Farm Bureau filed a motion for summary judgment seeking a dismissal of Malone's UIM claim on the grounds that Malone's written notice stated only that he was "considering whether to accept this offer," which was not sufficient notice of an agreement to settle as required by KRS 304.39-320. They claimed that this lack of proper notice released Farm Bureau from responsibility for the UIM claim made by Malone. The McCracken Circuit Court agreed, and the summary judgment was affirmed by the Court of Appeals and Kentucky Supreme Court.

"This year, through Compassionate Allowances and our Quick Disability Determination process, over 100,000 Americans with severe disabilities will be approved for Social Security disability benefits in a matter of days rather than the months and years it can sometimes take," said Commissioner Astrue.  "We are now looking to add more diseases and impairments to these expedited processes. We are expanding our focus from specific rare diseases and cancers to look at subgroups of much broader conditions.  Early-onset Alzheimer's disease is a rapidly progressive and debilitating disease of the brain that affects individuals between the ages of 50 and 65 and clearly deserves our consideration."

In October 2008, Social Security launched Compassionate Allowances to expedite the processing of disability claims for applicants with medical conditions so severe that their conditions by definition meet Social Security's standards.  Prior to the recent hearing on Alzheimer's Disease, three other Compassionate Allowance hearings were held on rare diseases, cancers, traumatic brain injury (TBI) and stroke. The Commissioner will hold the fifth public outreach hearing on schizophrenia in November 2009. To learn more, go to www.socialsecurity.gov/compassionateallowances

WKU Found to be Responsible in Rape and Murder of Student

Bowling Green, KY - More than six years after the rape and murder of Melissa Kaye "Katie" Autry, the Kentucky Board of Claims has affirmed a hearing officer's finding that WKU employees negligently allowed her assailant access to her dorm room. The Board of Claims awarded her estate the maximum amount allowed in the Board of Claims, $200,000.

On May 4, 2003, Stephen Soules assaulted, raped, and murdered Katie Autry in her Poland Hall dorm room. The Board of Claims found that WKU breached its duties to her by failing to follow established security procedures. WKU failed to lock the Poland Hall front door, failed to monitor the lobby, and failed to require the assailant to sign the desk registry. Because of these breaches, Soules was able to access Katie Autry's room, assault her, rape her, and set her on fire. She died four days letter from the severe burn and inhalation injuries.

The Board of Claims is an agency of the state that decides certain cases involving the state or its agencies, such as WKU.

Ben Crocker, the attorney for the Estate of Katie Autry, was pleased with the result.
"The Board of Claims has now forced WKU to accept its role in Katie's death. Hopefully, Western will accept this decision as an opportunity to make the dorms safer."

For more information, you can contact Ben Crocker at (270)846-3100.

Chris: Cyndi we hear a lot about social security, but what qualifies a person to receive social security disability benefits?

Cyndi: Well to be disabled for the purposes of the social security administration a person has to be unable to work because of a mental or physical condition that last 12 months. Either it has lasted 12 months or it's expected to last 12 months, or a condition that is considered terminal. For most cases to get disability benefits you have to have worked 5 out of the last 10 years, and then the amount of your benefits will likely be based on the earnings reported to the social security administration.

Chris: So how would somebody file for those benefits?

Cyndi: Well there are 3 ways you can do it. You can actually go to your nearest social security office and just wait and have somebody help you with an application. You may be waiting several hours but some people find that to be the easiest way to do it. You can also call the social security administration and schedule an online interview and they will take your information over the phone. Or you can go to the web www.ssa.gov and fill out an online application there.

Chris: So don't you need a lawyer to help file that?

Cyndi: Well the initial application you can probably do yourself. Most people are denied on their initial application. If you are one of the fortunate few that are not denied then you probably didn't need a lawyer to help you with it. With that said if someone calls us at Crocker Law and they are really struggling with their initial application then we'll help them.

Chris: So what happens if you're denied?

Cyndi: Once you're denied you need to file a request for reconsideration and about 80% of those are denied. So the final step for most people who get benefits is a hearing before an administrative law judge.

Chris: So it sounds like if you're denied you need to get a lawyer.

Cyndi: That would be my recommendation.

Chris: Thank you Cyndi and that's Legally Speaking.

WKU Found to be Responsible in Rape and Murder of Student

Bowling Green, KY - Six years after the rape and murder of Melissa Kaye "Katie" Autry, a state hearing officer has found that WKU employees negligently allowed her assailant access to her dorm room. The hearing officer awarded her estate the maximum amount allowed in the Board of Claims, $200,000.

On May 4, 2003, Stephen Soules assaulted, raped, and murdered Katie Autry in her Poland Hall dorm room. The hearing officer found that WKU breached its duties to her by failing to follow established security procedures. WKU failed to lock the Poland Hall front door, failed to monitor the lobby, and failed to require the assailant to sign the desk registry. Because of these breaches, Soules was able to access Katie Autry's room, assault her, rape her, and set her on fire. She dies four days letter from the severe burn and inhalation injuries.

Ben Crocker, the attorney for the Estate of Katie Autry, was pleased with the result. "Today, WKU is held accountable for the mistakes it made that lead to Katie's death. We hope that Western will take this opportunity to make its dorms safer for all Western Students."

For more information, you can contact Ben Crocker at (270)846-3100.

Whitney:     It's been said that people represented by lawyers get three times as much money as people who aren't represented at all. Cindy, what it is that lawyers know that the rest of us don't?

Cyndi:        Well, Whitney, that quote you just gave about three times the money, that actually comes from an Allstate Insurance Company training manual. Their point is, they're trying to teach adjusters: get in there early; act friendly; keep them from getting lawyers because we know we'll pay them more money if they're represented. 

Why? Well, you know, there are several reasons. One is that insurance adjusters are professional negotiators. Lawyers are professional negotiators. So it's a more of an even match up. Not only is the average person in an accident not used to doing this, they're at the worst time in their life. You know, they've just been in an accident, they're very vulnerable, they want to get this over with. 

The second thing I would say is, knowledge is power, and the lawyers working the case know what you're supposed to get. They know the kind of damages we should be looking to get you compensated for. 

And finally, they expect you to prove it, so if I'm going to say, this person's going to have a life time of medical care or this person had a lot of medical bills already, I've got to put that proof together, and at Crocker Law, we have a whole staff of people, this is what they do. They get your bills, they get your records, they order these narrative reports I need from doctors to make that case and get you that money that's fair.

Whitney:     But what if I think that I am getting a fair offer?

Cyndi:         Well, that would be my final word of caution. I think one reason people take too little money is because they make the offers a little bit confusing. You know, I had a guy in my office the other day and he'd been offered $10,000. And he said, you know, I'm satisfied with this, but what do think? And when I looked at it, I pointed out to him that you have $4,000 in medicals that haven't been paid and won't be paid. He didn't know that. So, understanding the offer is important too.

Whitney:    All right, very good. Thank you so much and please join us again next time for Legally Speaking.