Denied Social Security Disability? Don’t Give Up! Disability Attorney Brian Carmichael had a client that wanted to give up because their disability case was denied multiple times. The first administrative hearing was in 2008 in Selma, Alabama. The client had been unable to work since 2005. She was then denied in 2008 but we continued to appeal her case. Amidst the appeals, in 2017 an administrative law judge went back to 2005 and said that she was actually disabled the whole time as we asserted. During that time from 2008 to 2017 she wanted to give up because she was discouraged by the denials. Alabama & Georgia Disability Lawyer Brian Carmichael believed in her case and partnered with her to keep fighting unjustified denials. This is a prime example of not giving up on your disability case. If you are not able to work due to your medical conditions and…Learn More
Should I File Bankruptcy
10 Warning Signs that Bankruptcy is Needed Even though the financial crisis you are facing is unique to your set of circumstances, there are a few “red flags” we often see. If one or more of the following applies to you, call us and schedule your free bankruptcy consultation with our Bankruptcy Attorneys (Columbus, GA) and we will help you figure it out: 1. You are relying on cash advances/payday loans to make ends meet and can’t keep up with the payments. 2. You took out a title pawn on your car for short-term relief, but find yourself “rolling over” the note again and again. 3. You tried a “debt negotiation” program, but it failed to provide you adequate debt relief. 4. You can only make the minimum payments on your credit cards. 5. You are receiving harassing collection calls non-stop. 6. You are being sued on a debt that…Learn More
What Happens When You File Bankruptcy
Will bankruptcy hurt my credit score? Another common question of potential clients interested in filing for bankruptcy is whether or not a bankruptcy filing will hurt their credit/credit score. In most instances, consumers that are considering bankruptcy already have negative information on their credit reports, such as late or missed mortgage/installment payments, charge offs, and other negative collection activity. While a bankruptcy petition typically does not improve a credit score upon filing, the main purpose of a bankruptcy petition is to receive a ‘discharge’ of a person’s debts. A discharge is an order from the Bankruptcy Court preventing creditors included in the bankruptcy petition from attempting to collect on the underlying debt owed. Creditors are strictly prohibited from attempting to collect on a discharged debt. As such, the discharge order from the Bankruptcy Court ‘wipes away’ the negative liabilities on one’s credit report. It is important to note that certain…Learn More
Chapter 7 vs Chapter 13
Chapter 7 Bankruptcy Discharge The goal of a Chapter 7 Bankruptcy petition is to receive a discharge order from the Bankruptcy Court. What exactly is a discharge order and what protections does it provide? Collection of Discharged Debts Prohibited The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not permitted to contact the debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. A creditor who violates this order can be required to pay damages and attorney’s fees to the debtor. However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the debtor’s property after the bankruptcy, if that lien was not avoided or eliminated in the…Learn More
The National Trial Lawyers Announces Brian R. Carmichael as One of Its Top 40 Under 40
Carmichael Law Group LLC is pleased to announce that Brian R. Carmichael has been selected for inclusion into The National Trial Lawyers: Top 40 Under 40 Civil Plaintiff Trial Lawyers in Alabama, an honor given to only a select group of lawyers for their superior skills and qualifications in the field. Membership in this exclusive organization is by invitation only, and is limited to attorneys in each state or region age 40 or younger who have demonstrated excellence and have achieved outstanding results in their careers in either civil plaintiff or criminal defense law. The National Trial Lawyers is a professional organization comprised of the premier trial lawyers from across the country who have demonstrated exceptional qualifications in criminal defense or civil plaintiff law. The National Trial Lawyers provides accreditation to these distinguished attorneys, and also provides essential legal news, information, and continuing education to trial lawyers across the United…Learn More
Federal Court Remand Obtained by Auburn, AL SS Attorney
The Auburn, AL Social Security Disability Lawyers of Carmichael Law Group LLC are pleased to announce in Brooks v. Colvin, 3:15-CV-00851WC (M.D. Ala. October 26, 2016), the Honorable Judge Capel for the Middle District of Alabama determined that the ALJ committed reversible error in failing to properly consider the teacher evaluation. The Court noted that the ALJ failed to “provide reasoning for discounting the teacher’s evaluation.” In reaching this favorable outcome, Social Security Lawyer Brian Carmichael argued “that the Commissioner’s decision should be reversed because the ALJ failed to meaningfully consider the evidence submitted by the minor claimant’s teacher . . . through a teacher questionnaire…” More specifically, our Social Security Attorney [Opelika, AL] argued that “the ALJ erred by ignoring the evidence in the report that is patently inconsistent with the ALJ’s ultimate functionality findings.” The Court agreed finding that the ALJ “must explain the weight afforded to…Learn More
Attorney Brian Carmichael National Advocates Top 100 Bankruptcy Lawyer
The Columbus, GA Bankruptcy Lawyers of Carmichael Law Group LLC are pleased to announce that Mr. Brian R. Carmichael has again been selected for inclusion into The National Advocates, Bankruptcy Law specialty, for 2016-2017 an honor given to only a select group of lawyers as recognition of their superior skills and qualifications in the field. The selection for this exclusive list is limited to only 100 attorneys per state who have demonstrated their extraordinary abilities with superior results, a high level of peer respect and client satisfaction. With the selection of Mr. Carmichael by The National Advocates, he has shown that he exemplifies superior qualifications, leadership skills, and case results as a legal professional. The selection process for this elite honor is based on a multi-phase process which includes peer nominations combined with third party research. As The National Advocates is an essential source of networking and information for trial…Learn More
Court Determined ALJ Erred and Awarded Disability Benefits
The Social Security Disability Lawyers (Opelika, AL) of Carmichael Law Group LLC are pleased to announce in Sweetwyne v. Colvin, 3:15-CV-218 (M.D. Ala. April 29, 2016), the Honorable Judge Coody for the Middle District of Alabama held that the ALJ committed reversible error by failing to apply the RFC (residual functional capacity) correctly in finding jobs that claimant could potentially perform. Based on the RFC adopted by the ALJ, the vocational expert testified that the plaintiff could not perform his past relevant work and no jobs existed in the national economy that the plaintiff could perform. Carmichael Law Group Disability Attorney Brian Carmichael argued “based on the vocational expert’s interrogatories and the RFC as determined by the ALJ, there are no jobs that he can perform, and thus, he is entitled to an award of benefits.” The Court agreed finding that there are no jobs available for claimant and “there…Learn More
ALJ Failed to Properly Consider Side Effects of Medications
The Social Security Disability Lawyers (Columbus, GA) of Carmichael Law Group LLC are pleased to announce in Burden v. Colvin, 2:14-CV-915 (M.D. Ala. March 31, 2016), the Honorable Judge Walker for the Middle District of Alabama determined that the ALJ committed reversible error in failing to consider the side effects of the Claimant’s prescription medication and in failing to fully develop the Claimant’s medical history. The ALJ’s failure to address Claimant’s testimony about the side effects of her medications was legal error which prevented the consideration of substantial evidence about her disability. The Court also found that the ALJ has the responsibility to fully develop the medical history of claimant and “fully and fairly develop the record.” Social Security Disability Attorney Brian Carmichael argued “the side effects of medication could render a claimant disabled or at least contribute to a disability.” The Court found that the ALJ has a duty…Learn More
Attorney Brian Carmichael Selected to Legal Honor Organization
Carmichael Law Group LLC is pleased to announce that Mr. Brian R. Carmichael has been selected for inclusion into The National Advocates, Bankruptcy Law specialty, an honor given to only a select group of lawyers as recognition of their superior skills and qualifications in the field. The selection for this exclusive list is limited to only 100 attorneys per state who have demonstrated their extraordinary abilities with superior results, a high level of peer respect and client satisfaction. The National Advocates is a professional organization comprised of premier lawyers from across the country who have demonstrated exceptional qualifications in their area of the law, including Matrimonial and Family Law, Employment Law, Social Security Disability Law, Immigration Law, Bankruptcy Law and Estates, Wills and Trusts. The National Advocates provides accreditation to these distinguished attorneys, and provides essential legal news, information, and education to trial lawyers across the United States. With the…Learn More
