Robert "Bob" Monahan's Legal Minute

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There is more to Social Security claims than you might think.

Join Everyday Law and special guest, Attorney Perry Smith, of Waukegan’s Wysocki & Smith, as we talk about who can receive Social Security disability, and how to go about getting benefits. Attorney Perry Smith can be reached at his office number of (847) 623-2200.

The Initial Application: The Claimant Should Do It Himself

Social Security disability claims can arise in a number of ways — including injury, illness, psychological issues and developmental disabilities. To obtain benefits, a claimant must file an initial application – either online (www.ssa.gov) or at the local Social Security office, where a representative can assist a claimant.

According to Attorney Perry Smith, a claimant file should file the initial application themselves, rather than hire an attorney, because it saves money, and the claimant knows their own situation and medical history best. In preparation of filling out the application, Attorney Smith also recommends that a claimant make a list of all medical providers, dates of service and contact information as well as any employment information.

If your initial application is denied, it is probably time to hire an attorney, although Attorney Smith states that a claimant can possibly handle the work for a first appeal themselves, because the first appeal is done on the documents, such a medical records and work history reports, and does not involve an actual hearing before a judge with witnesses. A decision on the initial application can take 3 to 4 months.

Unfortunately, an overwhelming percentage of initial applications are denied (85%). And what follows are a series of “appeals,” finishing (hopefully) with a hearing before an administrative law judge.

What To Do When Your Application Is Denied? Hire a Lawyer.

However, if your application is denied after the first appeal, it is best to obtain an attorney for the second appeal, because that appeal will involve a hearing before an administrative law judge. Additionally, several witnesses – such as medical experts and vocational experts – may be involved in those hearings.

If you are denied at that stage, then appeals of the decisions of the administrative law judge may be filed with the Appeals Counsel in Falls Church, Virginia. However, you should know that outright reversals at this point are extremely rare.

Leadership in the Lake County Bar Association

In addition to his law practice, Attorney Perry Smith has been very involved with the Lake County Bar Association. He has served as chairman of a number of Bar committees, including the Legal Aid Committee, now known as the Community Outreach Committee. That committee helps Prairie State Legal Services provide pro bono attorneys for indigent persons with civil matters. Smith has also served as the president of the Lake County Bar Association president during its move from County Street to its present home on Grand Avenue.

Robert Monahan, Esq. is a lawyer in Gurnee, IL with his own practice in personal injury. He has a radio show on Thursday nights at 7 pm, called “Everyday Law,” on WRLR 98.3 FM, where he tries to demystify the law for the ordinary person. “Everyday Law” can be downloaded as a podcast from

Michael Barbini is a banker with Libertyville Bank & Trust (member FDIC and equal housing lender), a Wintrust Community Bank (tel. 847-247-4038 and [email protected]). He has been in banking for 17 years, starting as a teller when he was in college. Currently, he is a Vice-President of business banking. Barbini is involved in a great deal of outreach both as a banker and volunteer by educating the public about financial literacy. As well as being a banker, Barbini is also an entrepreneur, dealing art and antiques at the Gurnee Antique Market.

Barbini attended North Central College and obtained a degree in international business with a minor in Spanish. Though he thought of conducting business overseas while in college, the reality of the dotcom crash in the early 2000s, led to a scarcity of such jobs. However, Barbini did secure a bank job and has worked his way up from personal banker and personal loan officer to Vice-President in business banking.

Barbini enjoys helping small businesses succeed where the biggest issue is usually timing of cash flow. He takes time to visit small businesses in Lake County so that he can understand their issues and needs. He is also involved in Money Smart presentations to the public. Money Smart is a FDIC (Federal Deposit Insurance Corporation) program designed to teach financial literacy on a variety of topics. Barbini has made numerous presentations in schools, libraries and regularly at the Haven, a shelter for homeless women and children.

One topic that is part of the Money Smart program is credit scores. A credit score is perhaps the most important number in a person’s life. Three different reporting agencies; Experian, Equifax and Transunion calculate credit scores as well as compile credit reports. The score is calculated using past payment history, outstanding debt, length of time credit has been held and new applications for credit. A credit score can be looked at by future employers, prospective landlords, insurance companies as well as mobile phone and utility companies. Anyone can obtain a copy of their own credit report for free (once a year) at www.annualcreditreport.com. A credit score is not included in these reports but can be obtained for a small fee from each reporting agency.

The importance of credit scores and reports has been highlighted by numerous data breaches such as the 2017 Equifax data breach which affected over 143 million people. It is wise to periodically check credit reports for errors or identity theft. If such problems occur, it is possible to correct errors or deal with identity theft. A helpful website for identity theft or credit report issues is www.ftc.gov/idtheft.

Through the Money Smart program, Barbini also teaches about how to build and repair credit. The first step is to assess the situation by looking at the credit report and see where the problems are. Where is the debt? Is there a way of paying off some of that debt, whether through a tax refund or negotiating with creditors for a lower settlement amount or interest rate? Additionally, Wintrust does make credit repair loans to eligible individuals to help repair and build credit and savings.

Barbini is involved in a number of volunteer programs that make use of his financial background. He sits on the board of the Haven, a Lake County shelter for homeless women and children. Additionally, he teaches a financial literacy class once a week at the Haven as well as meets individually with Haven residents to help them obtain their credit reports and work on improving their financial situation. Barbini also presents Money Smart programs at numerous area schools and other groups. Another group that Barbini utilizes to help small business clients is SCORE (Service Corps of Retired Executives). SCORE is a nonprofit network made up of retired business executives who act as mentors to small business owners and members from that group are available at t...

Join Everyday Law with our special guest, Matt Stanton, as we discuss his unusual backstory, as well as the national and local Democratic party.

Gurnee resident Matt Stanton has an unusual background for an attorney. He comes from a working-class background and is the first of his family to pursue education beyond high school. Stanton was an unconventional college and law student. Recently he announced his candidacy as a Democratic candidate for Lake County Circuit judge.

Stanton was working as a baggage handler at O’Hare International Airport supporting a young family in the early 1990s. A Christmas Eve car accident changed the course of his life as well as that of his family. The accident caused serious injuries to members of his family, including permanent disability to one of his daughters. The stress of that event contributed to the break-up of his marriage. Stanton ended up representing himself in court for a good deal of the divorce and custody proceedings. This experience led him to consider the law as a profession.

As a single father raising 5 children, Stanton left his job at O’Hare and sought work closer to home as a handyman and school bus driver. This also allowed him to pursue higher education. After finishing college, Stanton went to law school. To accommodate both the schedule of his family and law school, Stanton became a substitute teacher. He liked to incorporate his legal coursework with his substitute classroom work, which his young students seemed to enjoy. Upon graduation from law school, Stanton combined his law practice with a law professor position at Chicago-Kent College of Law.

Stanton entered the world of Lake County politics with a run for the Lake County State’s Attorney as the Democratic candidate. Though he lost that race, Stanton did not give up politics and next ran for a seat on the College of Lake County Board of Trustees, which he won. Stanton’s next political goal is that of Lake County Circuit judge; again, as a Democratic candidate.

Stanton stated that the current plight of the Democratic party is well illustrated by the book, “Listen Liberal” by Thomas Frank. The Democratic party used to be the party of the “little guy” or the working class. The current state of the party can be traced back to the time of George McGovern when the rules of power changed. Originally, the party bosses held political power, but rule changes took away that power from the bosses and gave rise to the current system of superdelegates. The old insiders were replaced by new insiders. Democrats began to take the base of the working class for granted. Elites in both parties have left a wide swath of people in both parties feeling unrepresented. The most recent presidential election of Trump and the split of Democrats between Sanders and Clinton also evidences widespread voter dissatisfaction.

Locally, Lake County, traditionally heavily Republican, has become more balanced evenly between Democrats and Republicans in the last generation. However, the Lake County judiciary, also traditionally heavily Republican, has only begun to change with the rise of the sub circuits. Stanton still feels that the diversity of Lake County is not reflected in the make-up of the judiciary. Stanton would like to bridge the 2 groups that make up the Lake County Democratic party; the traditional working class/ minorities and the more affluent liberal professionals of southern Lake County, and bring more balance to the Lake County judiciary.

Robert Monahan, Esq. is a lawyer in Gurnee, IL with his own practice in personal injury. He has a radio show on Thursday nights at 7 pm, called “Everyday Law,” on WRLR 98.3 FM, where he tries to demystify the law for the ordinary person. “Everyday Law<...

Join Everyday Law, as we go “back to school” with special education lawyer, Neal Takiff, discussing items like IEPs, and many tips for parents of children with special needs.

Robert Monahan, Esq. is a lawyer in Gurnee, IL with his own practice in personal injury. He has a radio show on Thursday nights at 7 pm, called “Everyday Law,” on WRLR 98.3 FM, where he tries to demystify the law for the ordinary person. “Everyday Law” can be downloaded as a podcast from iTunes or other various podcatchers. His two websites are www.monahanfirm.com and www.gurneepersonalinjuryattorney.com. He also has two Facebook pages – “Robert A. Monahan, Esq.” and “Everyday Law.”

Join Everyday Law and Judy Royal of the Center on Wrongful Convictions, as we discuss with exonerees, Juan Rivera and Kristine Bunch, their journey from imprisonment to release, and how they are now starting a foundation for exonerees to help them back on their feet: “Just Is 4 Just Us.”

The CWC (Center on Wrongful Convictions) is part of the Bluhm Legal Clinic’s Northwestern Law School. Judy Royal is a staff attorney with the CWC. The CWC investigates wrongful convictions, represents individuals who have been wrongfully convicted and educates the public about wrongful convictions. Law students, clinic attorneys as well as pro bono attorneys work together on cases for the CWC. The CWC receives thousands of requests each year from across the country asking for the CWC’s help. Due to limited resources, the CWC can only take a fraction of the cases it receives.

Juan Rivera and Kristine Bunch are 2 exonerees who were successfully assisted by the CWC. Rivera was convicted of rape and murder in Lake County, Illinois, while Bunch was convicted of arson and the murder of her son in Indiana. In 1991, Rivera watched a TV show about disputing DNA evidence in a criminal case. This led him to start contacting the CWC. Initially, the CWC turned down Rivera’s case twice, but ultimately accepted his case once the legal world had caught up with the scientific world and DNA testing. Bunch met an acquaintance while in prison who contacted the CWC repeatedly on her behalf to look into her case. Though Bunch had a local attorney, her case required arson experts which can be quite costly.

The CWC and the Better Government Association conducted a study about the impact of wrongful convictions. Between 1989 and 2010, wrongful convictions of violent crimes in Illinois cost taxpayers over $300 million dollars and wrongfully incarcerated 85 people for a total of 926 years. Additionally, there remains the issue of unsolved crimes and perpetrators still at large for those particular crimes. Another study cites that to date in the United States, there have been 2,000 exonerations culminating in 18,000 years served by the wrongfully convicted.

The release of exonerees from prison, while a huge victory, leads to a very difficult readjustment period. Exonerees, unlike paroled convicts, are not prepared for their release in any way nor do they receive any support as would a parolee. Rivera was imprisoned as a very young man and released at age 39. He was overwhelmed by the changes in the world. Fortunately, some attorneys from the CWC assisted Rivera upon his release. Bunch was released from prison in her prison uniform; however, she had a brother who stuck with her and supported her upon release.

Because of the difficulties both had in readjusting to the changing world upon their release, Rivera and Bunch have founded an organization called “Just Is 4 Just Us”. Their mission is to offer community support to exonerees and raise awareness and educate the public about the unique challenges that exonerees face upon release. Rather than monetary donations, the organization is seeking assistance such as gift cards for clothes or a haircut, free medical or dental visits, a volunteer willing to teach basic computer skills or accompany an exoneree to an appointment. Additionally, exonerees greatly benefit from counselling as they make the adjustment from prison to free society. Moreover, new exonerees can weather this adjustment more easily when they have a mentor who understands what they are experiencing. Rivera and Bunch can be reached through their website, www.justis4justus.org.

Robert Monahan, Esq. is a lawyer in Gurnee, IL with his own practice in personal injury. He has a radio show on Thursday nights at 7 pm, called “

Join Everyday Law as we discuss the advocacy of the Zacharias Center with Public Health Advocate, Mallory Tucker.

Mallory Tucker is a public health advocate with the Zacharias Center of Gurnee which provides free counselling and advocacy services for survivors of sexual assault and abuse, as well as prevention education. The Center also has a 24-hour anonymous phone line (847) 872-7799.Tucker oversees direct advocacy services which includes medical and legal advocacy. The Center does not provide legal advice but does give information and links survivors to services within the legal system. In addition to 2 full-time public health advocates, there are over 60 trained medical advocacy volunteers with the Zacharias Center. These volunteers receive over 40 hours of training and assist survivors when needed. The goals of the Center are to support, validate and empower survivors.

Advocacy services for survivors may start in 1 of 3 ways; a call from a hospital’s ER department, a call to the Center’s 24-hour phone line or from a survivor receiving counselling services from the Center. Hospitals in Lake County will call the Center when a patient reports that they have experienced sexual violence. An advocate from the Center will come to the hospital to meet with the survivor. The advocate will bring extra clothing, a teddy bear and a folder of information for the survivor. The advocate will stay with the survivor for the duration of the hospital visit, if desired by the survivor.

Illinois legislation ensures that survivors of sexual assault/abuse have access to care (wellness exam, prophylactic treatment and evidence collection) with no out of pocket costs. The advocate will inform, not advise, the survivor of their rights. If the assault/abuse occurred within 7 days of the hospital visit, survivors have the option of evidence being collected for possible prosecution of a crime. Additionally, the survivor has the option of deciding whether or not to have the collected evidence analyzed by a crime lab (up to 5 years from the date of collection). Even if a survivor goes to a hospital after the 7-day time frame, a survivor is still entitled to a wellness exam and prophylactic treatment with no out of pocket charges.

It is important to note that rape crisis personnel, such as the Zacharias Center advocates, share the privilege of absolute confidentiality with the survivors they serve, similar to attorney-client privilege. It is important that the survivors feel comfortable sharing information with their advocate and not be concerned that the advocate they confide in might be subject to a subpoena to testify in court about the case. There are 2 exceptions to this confidentiality; mandated reporting to DCFS and in the instance where an advocate believes a survivor is in imminent danger. Ultimately, though, an advocate will not reveal any information shared with them unless the survivor wants that information revealed.

Survivors must navigate the medical and legal system; both of which can be very intimidating, especially after trauma. Tucker feels that the Zacharias Center is a welcome and comforting place where survivors and those who care about them can feel cared for and supported. She also commends the professionalism of medical, law enforcement and legal personnel in Lake County who work with survivors on a daily basis.

Robert Monahan, Esq. is a lawyer in Gurnee, IL with his own practice in personal injury. He has a radio show on Thursday nights at 7 pm, called “Everyday Law,” on WRLR 98.3 FM, where he tries to demystify the law for the ordinary person. “Everyday Law” can be downloaded as a podcast from

Join Everyday Law and our guest, Jodi Luka, the Lake County Jury Coordinator, as we discuss her work in organizing the logistics and humanizing the jury process, taking the jury from hoping to evade service at all costs to at 98% satisfaction rate with the experience.

Jodi Luka is the Jury Coordinator of the Lake County Jury Commission. She organizes the logistics and helps to humanize the process of those summoned to serve on a jury in Lake County. Though many people think of jury service as something to evade, feedback has been 98% positive among those who have served on a jury in Lake County.Luka grew up in Miami, Florida where she was introduced to sign language in high school. That experience led to her degree in sign language interpretation. She worked as an interpreter for 15 years doing free-lance work and a position at Gallaudet University, a university for the deaf. Luka worked in a variety of settings including classrooms, courtrooms, medical settings and any other possible life event that might require the services of an interpreter such as wedding, birth and death. Her most challenging work was at trials. Her work as an American sign language interpreter required a broad depth of knowledge on almost any given topic.

Luka immensely enjoyed her work as an interpreter. However, advances in technology has changed the world of interpreters such that much interpretation work is now done via call centers and Skype-like settings. Though cheaper and more efficient in some ways, this type of interpreting can alter meanings as some nuances can get lost in translation that are not conducted in person.

Contrary to popular opinion, jury lists are not drawn up exclusively through voter ID lists. In fact, 95% of voter lists, which are sent out yearly, come from the Secretary of State’s Office. Anyone over age 70 who is summoned to serve may decline to serve with no questions asked. The Jury Commission works with those summoned to resolve any hardships such as schedules, work or child care issues. Though citizens have a duty to serve when summoned, the Commission realizes that there can be a sacrifice of time and money for the jurors. The average person serves on a jury once in 30 years.

Once summoned to serve, jurors are required to show up Monday at 8 AM in the Jury Room of the Courthouse. They are given an orientation about their service by Luka and a Lake County judge. There are ground rules; once chosen, a juror is no longer a member of the public and may not go into the Law Library or any courtroom other than the one they are serving as juror in, no drinking of alcohol during the lunch break and no posting on social media during the trial. The average trial in Lake County is 3 days.

A jury trial is an example of true democracy as 12 individuals are making a decision directly affecting the lives of others. Even jurors who are picked to serve on a jury on a case that settles before trial have still played a valuable role as it is very probable that the very act of selecting a jury pushed a case to settle. Additionally, being summoned to serve on a jury gives people a better understanding of our judiciary and the important part jurors play in that system.

Robert Monahan, Esq. is a lawyer in Gurnee, IL with his own practice in personal injury. He has a radio show on Thursday nights at 7 pm, called “Everyday Law,” on WRLR 98.3 FM, where he tries to demystify the law for the ordinary person. “Everyday Law” can be downloaded as a podcast from iTunes or other various podcatchers. His two websites are

Join Everyday Law as we discuss the various functions of the Lake County Circuit Clerk (the clerk of the court system), with Court Clerk Erin Cartwright-Weinstein. We also cover three important initiatives of her office — including an expungement workshop, an amnesty initiative and anti-bullying week.

Robert Monahan, Esq. is a lawyer in Gurnee, IL with his own practice in personal injury. He has a radio show on Thursday nights at 7 pm, called “Everyday Law,” on WRLR 98.3 FM, where he tries to demystify the law for the ordinary person. “Everyday Law” can be downloaded as a podcast from iTunes or other various podcatchers. His two websites are www.monahanfirm.com and www.gurneepersonalinjuryattorney.com. He also has two Facebook pages – “Robert A. Monahan, Esq.” and “Everyday Law.”

Join us as we discuss the Arbitration Division Court with Administrator Delta Hawkins!

 

Robert Monahan, Esq. is a lawyer in Gurnee, IL with his own practice in personal injury. He has a radio show on Thursday nights at 7 pm, called “Everyday Law,” on WRLR 98.3 FM, where he tries to demystify the law for the ordinary person. “Everyday Law” can be downloaded as a podcast from iTunes or other various podcatchers. His two websites are www.monahanfirm.com and www.gurneepersonalinjuryattorney.com. He also has two Facebook pages – “Robert A. Monahan, Esq.” and “Everyday Law.”

Join Everyday Law and our special guest, Judge Ted Potkonjak, as we discuss his career, his time on the bench, and how he currently handles small claims cases!

 

Robert Monahan, Esq. is a lawyer in Gurnee, IL with his own practice in personal injury. He has a radio show on Thursday nights at 7 pm, called “Everyday Law,” on WRLR 98.3 FM, where he tries to demystify the law for the ordinary person. “Everyday Law” can be downloaded as a podcast from iTunes or other various podcatchers. His two websites are www.monahanfirm.com and www.gurneepersonalinjuryattorney.com. He also has two Facebook pages – “Robert A. Monahan, Esq.” and “Everyday Law.”