News Letter 2005 10

M. A. SMITH

A PROFESSIONAL LAW CORPORATION

MASAPLC.COM

Michael A. Smith, Attorney at Law

E-mail: masaplc@hotmail.com

319 E. Foothill Blvd., #C Voice - (626) 357-1177

Arcadia, CA 91006 Facsimile - (626) 357-4588

October 2005 No. 5

CHANGES IN THE LAW

The U. S. Court of Appeals, Fourth District, ruled the President has the authority to hold, an American accused of plotting crimes against the country. The high court reversed a lower court's order that the government must charge or free the accused.

MORE CHANGES IN THE LAW

A manager accused of shouting, 'screaming,' foul language, invading employees' personal space and making threatening gestures can be sued for gender-based discrimination under Title VII of the Civil Rights Act of 1964, even though the acts are not overtly motivated by gender. U. S. Circuit Court of Appeals, Ninth District.

I C E

Have a cell phone? You may want to add an "ICE" number. A what? In an emergency, if you cannot speak for yourself, the paramedics, police, ambulance or medical personnel will check your phone and-or wallet for information on who to contact; when they see ICE they'll know to call that number. Me, I've added ICE by my husband's and son's names. Thanks Frank R.

REDISTRICTING, AGAIN

Politicians continue to make noise about redistricting which serves only to confuse and confound the public. DON'T LET THEM THINK FOR YOU. Changing the current district system to be more independent would be better for everyone. Right now, health care in CA is on the verge of collapse, freeways are nothing more than parking lots and public education is non-existent. If legislators are allowed to pick the voters instead of voters picking their legislators, they will not be accountable for their lack of action. Term limits do not help; seats are drawn for either Democrats or Republicans, so the incumbents continue to follow the party line in each district. Of the 153 seats on the last CA ballot, not one seat changed parties because every district was carefully created to be a "safe seat."

There is a lot at stake here. Be sure to study this measure and make your voice heard by voting in November. It's important.

Not registered to vote? You can register on-line at USPS.gov or pick up a form to register at the post office.

TAX NOTICES

If you receive a notice from the IRS or Franchise Tax board do not wait, call your tax preparer IMMEDIATELY. He or she will need all of the allowed time to deal with the problem. It takes time to work through these issues and your preparer will need your cooperation and assistance to obtain the best possible outcome.

If you prepare your own returns and prefer to handle the matter yourself, be sure to keep copies of all correspondence, theirs and yours, for future reference. Thanks Frank R.

A number of changes relating to qualified 401(k) plans and employee welfare benefit plans will become effective in 2006. If you have a 401(k), take the time to speak with your broker to find out how these changes will effect you.

If your medical insurer refuses to pay a claim you have the right to appeal their decision. The odds of success may be better than you think. Here are some tips to improve your chances of a successful appeal:

1. Make sure you understand the reason for the denial. If the letter you receive is not clear, call your insurer and keep asking questions until you understand what they are saying.

2. Ask you doctor to write a letter on your behalf. Your doctor can explain to your insurer why the medication or treatment is or was necessary.

3. Write a cover letter explaining the basis of your appeal. Be specific, e.g., the insurer didn't consider all the evidence or they misread the information. Include your evidence.

4. Keep detailed records. Keep copies of ALL correspondence (yours and theirs) in a file. Take notes of ALL telephone conversations, including the name of the person you speak with, their title (if any), the date, time and content of the conversation. Send all letters, etc., by certified mail with return receipt. That way you can confirm they were received.

5. Pay close attention to deadlines. If you are told you have 60 days to appeal, be sure you file within that time limit. If you wait beyond the deadline you lose your right to appeal. Be prompt.

If your insurer still refuses to pay your claim, you can seek help by calling a state external review board. Many states have established independent boards to consider denials of health insurance claims. However, most will not consider an appeal until you have exhausted your insurance company's internal process. This source works for employer-sponsored plans and privately purchased plans only. If you work for a company with a self-funded plan, your appeal will not be considered.

The word for October is fortuitous which The American Heritage Dictionary defines as:

Call Paula at (626) 357-1177 or, if you prefer, e-mail her at paulasmith1000@hotmail.com.