Sean Callagy - Attorney and Entrepreneur: April 2015

Thursday, April 30, 2015

The Fear of Technology

The fear of technology is not what people think it is. Many think of it as fear of the unknown, or fear of the future, or the discomfort with deviating from what we have grown to know and get used to. I disagree. I believe the fear of technology amounts to the fear of losing touch with being human and everything that we know as being human—genuine sensory stimulation, interaction with others like us, tangible things–and that this has been true throughout the hundreds of thousands of years of our history.

As we go back in time, we realize that technology is nothing more than real things being replaced by representations of real things. Before tools we did everything with our own limbs. We ate with our hands, we traveled using our legs. The automobile replaces walking so that distance takes on a different meaning—it is not as burdensome as it was and therefore traveling has less of an impact on us. Television is the image of what is occurring in the world, not something we are experiencing directly. It is the same with radio. All of technological advancement is the receding of our sensory perceptions. The virtual world is exactly that. But all technology that preceded the computer and the web were forms of this same growing detachment from what is real. I hear people say, “pick up the phone and call someone,” rather than email or text them. But didn’t the phone call replace the in-person visit? So isn’t texting and emailing simply the next step in the alienation process?

As adults we talk about how our kids don’t go outside enough, how they are losing people skills, they don’t get enough exercise, but this has been going on for generations. The difference in what is happening today with technology is that, in light of the computer, the advances are coming at such an exponential rate that we see ourselves growing more and more alienated from each other in much shorter increments of time. We are no longer talking about generation gaps, but extraordinary changes from one year to the next.

Not only are books and magazines disappearing into cyberspace, along with movies and records, but all knowledge is doing so. And once all knowledge disappears into cyberspace, at the disposal of any and all, interaction ceases to be necessary. That is the fear of technology.

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The Fear of Technology #Advancement, #Callagylaw, #Fear, #HumanCommunication, #Seancallagy, #Technology

Free Market Principles Also Apply to Spirituality

The free market is the greatest instrument for overall prosperity and well-being the world has ever seen. It operates by a very fundamental principle: individuals will succeed by providing the greatest help to the overall good. Oddly enough, this is also a description for spiritual fulfillment.

To succeed in the world of free market capitalism an individual must provide a good or service at a price that is less than the same or a similar good or service provided by others. In other words, you must satisfy a particular need for someone and do so at less cost than others. This is true whether you are a businessperson, an employee, or any other functioning member of a capitalist economy. In this sense, we are all in business. I will not be able to keep my job, if I do not provide value to my employer that exceeds what he pays me, in the same way that a business will not survive when its product is inferior to the competition’s in relation to its price. The more I provide a good or service to the general population at less cost than others the more I will succeed, and the greater good I do. The likes of Bill Gates and Steve Jobs, like Henry Ford and David Rockefeller, should be commended for their wealth in that it was obtained by providing so much positive financial reward—value exceeding cost–to the general population they became extraordinarily wealthy.

Is spiritual behavior so different? People strive to be good for a whole host of reasons, all of which in one way or another can be regarded as “selfish.” I do good things for someone I love because it brings me pleasure to do so. I do good things for someone I dislike because perhaps I want them to like me, or I want to keep our relationship peaceful, or I believe it might help me get into heaven, or I believe it is best for society. All of these things amount to self-interest. Success in the realm of spirituality is similar to success in the capitalist world in that it is founded upon self-interest. Self-interest is at the heart of all that is good, whether spiritual or material.

Do not, however, confuse self-interest with selfishness. Selfishness is the pursuit of self-interest to the detriment—at the expense of—the general interest, not in support of it. In this sense, selfishness is like cheating, looking to get away with doing less, or escaping obligations others are called upon to fulfill. Ready examples are corporations that dump waste illegally, unions unduly seeking to have workers earn more and work less to the clear detriment of the company or industry of which they are an integral part, employees slacking, employers exploiting—all of these are selfishness at work, not self-interest. Think of selfishness as some short-term benefit with a very detrimental long-term consequence. Self interest is all about the long term—it is about success, improvement, the greater good—it is about heaven for God’s sake.

Material success is not the same as spiritual success, of course. They are two entirely different realms of activity. If Henry Ford accumulated all of his wealth, but in his private life was abusive, unfair, violent and dishonest he would be a spiritual failure, and these characteristics would be completely out of character given his material success. Those traits are not a formula for material success, unless you are a gangster, and that success will not last very long. Likewise, Mother Teresa could hardly be regarded as a financial success.

The point is the same character traits that bring material success to the capitalist arena can and should bring spiritual success in the spiritual arena. Do the most good you can, at the least cost to others—it works wherever you are.

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Free Market Principles Also Apply to Spirituality #Billgates, #Ford, #Fulfillment, #Prosperity, #Rockefeller, #Spiritual, #Spirituality, #Wellbeing

The Colossal Differences Between Baseball Today and in the Old Days

With the start of baseball season, it is hard not to discuss how much differently the game is played today from how it used to be. Between the changes in salaries, the specialization of players, the size and power of hitters and pitchers, the increased use of science and statistics, the game we watch today is a far cry from the games watched years ago.

I believe it was Hank Aaron who once described his hitting technique as “See the ball, hit the ball.” I am sure his technique was not quite that simple, but it was not the complex analysis it is today. Lefties on the mound versus righties, breaking balls versus fast balls and change ups—today there is more anticipation and guessing by batters. If they guess correctly, they stand a better chance of hitting the ball; if they guess incorrectly, they are likely to swing and miss. Years ago, making contact with the ball seemed to be the most important thing; today, players strike out much more than they used to, perhaps because they are trying to guess, rather than simply trying to hit.

One very profound difference today is caused by the dramatic increase in player salaries from years ago. Today, baseball is a year-round job in terms of both commitment and compensation. To keep up with the competition, players must workout and train, even during the off-season in preparation for the next, and most players have been doing so since the time they were playing in Little League. Competition and the desire to succeed are so great these days—probably because of the financial incentives as much as any others. That was not always the case. Years ago, a player could have thrown a perfect game to win the World Series, and then the following week sell clothes at a retail store.

This raises another big difference between the eras. Because of all the added, year-round training, today’s ballplayers are much stronger, faster, and knowledgeable. Even putting aside any use of performance enhancing drugs, training techniques, nutrition, and year-round training all play a huge role in the development of the modern athlete.

Specialization also is a big difference. Starting pitchers these days throw six or seven innings and around 100 pitches. They are then replaced by an 8^th inning specialist and a 9^th inning closer. A complete game for a starting pitcher these days is almost as unheard of as a shut-out was years ago. Plus, there is a five-man rotation, meaning a starter will re-appear every 5^th game. This is to be compared with 4-man rotations in the 50’s and 60’s and 3-man rotations prior to that. The Milwaukee Braves used to have an expression, “Spahn and Sain and hope for rain,” referring to their two star pitchers. If it rained on the third day, you were back to Warren Spahn and Johnny Sain. Moreover, pitchers back then would finish the games they started no matter how many pitches it required—150, sometimes 200. Relief pitchers were not specialists—they were the pitchers who would be available if the starter was hurt or having a really bad day.

I will not pretend to know whether I prefer today’s baseball to that of bygone eras, since I was not around for most of baseball’s history, but it is a game I love, whether it is played today’s way or any other way.

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The Colossal Differences Between Baseball Today and in the Old Days #Aaron, #Baseball, #Modern, #Past, #Sain, #Spahn

Pre-certification Penalties, PIP, and Unforeseen Procedures

Anyone who treats PIP patients is familiar with the requirement that all auto insurance carriers have called “pre-certification.” Essentially, this means that in order to be paid, a provider must submit a proposed plan of treatment to the carrier, and have it reviewed and approved by the carrier prior to the services being performed. Failure to submit the proper form in a timely manner results in a 50% penalty.

For the medical provider who sees PIP patients few and far between, this pre-certification requirement may seem burdensome, but for those medical providers for whom PIP patients are common, a good system and some good procedures make this requirement nothing more than a small hurdle.

What to do then, when a patient presents to a provider’s office with new symptoms that day, or, a provider discovers a new malady during a surgery, and a provider has to perform a procedure that was not previously anticipated?

This is where the “unforeseen procedure” comes into play. As Claimant’s counsel, we often successfully argue that a particular procedure was “unforeseen” prior to the treatment on that particular date, and therefore, the requirement of pre-certifying a certain code or procedure should be lifted, and a 50% penalty should not be applied.

Many of the arbitrators before whom we regularly appear have accepted this argument and do find that when, for example, a doctor starts a knee surgery, and discovers during the surgery that the patient has a torn meniscus, a fact which was previously unknown, the doctor should not be penalized 50% for repairing the torn meniscus when that service was not previously certified.

While these arguments of counsel are commonly accepted, medical providers can give themselves even more of a chance of avoiding the penalty if they include language in their medical records stating that the procedure was unforeseen, not anticipated, previously unknown, etc.

Further, a reference to an unforeseen procedure in an appeal (prior to filing arbitration) would also give great weight to an attorney arguing this position. Arbitrators are likely to turn to a carrier’s attorney and ask “What should the doctor have done? Sewed the patient up, pre-certified, and then re-opened them up?” And then the arbitrator is likely to render an award in favor of the medical provider.

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Pre-certification Penalties, PIP, and Unforeseen Procedures #Arbitration, #Callagylaw, #Pip, #Procedures, #Providers

Wednesday, April 29, 2015

Permanent Injuries from a Five Mile an Hour Car Accident

The same theory that explains why you still open an egg carton to make sure the eggs inside are not cracked, even though the carton is undamaged, makes clear how significant injuries can be suffered in low impact automobile collisions.

Why does a shopper check the eggs inside of an undamaged egg carton for cracks? The reason is clear. While the carton shows no obvious damage externally; internally, the contents of the encasing may be damaged due a prior impact.

Similar to the eggs in the egg carton, a low impact car accident may cause the transfer of trauma to the passenger’s body, even without showing signs of obvious significant property damage to the vehicle.

Medical Studies have revealed that a person can be significantly injured as the result of a low impact motor vehicle collision, even if their vehicle shows minimal damages.

In these cases, it is important to focus on medical records and diagnostic test results in order to evidence the patient’s significant injuries, including: X-Rays (to show evidence of Muscle Spasm and/or broken bone); MRIs (to show evidence of herniated and/or bulging discs); and EMG/NCV Testing (to show evidence of Carpal Tunnel Syndrome and/or Radiculopathy).

Additionally, there may be some signs of property damage to the vehicle apart from the usual denting of the bumper, which includes: bent framing of the vehicle; airbag deployment; shattering of glass; and damage to objects in the interior of the vehicle at the time of the accident.

In sum, even if immediately following the collision your vehicle’s property damage appears to be minor, it is possible that you have sustained accident related injury diagnoses, including: whiplash; disc herniation/ radiculopathy; facet joint injury; carpal tunnel; and/or TMJ/Jaw injury.

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Permanent Injuries from a Five Mile an Hour Car Accident #Callagylaw, #CarAccident, #Collisions, #Injury

Time Management for Client Liaisons

Time Management for Client Liaisons #Callagylaw, #Clients, #Files, #Liaisons, #Providers

Rapport: The Key to Bartending and Callagy Law Client Relations

As part of our training as Callagy Law client liaisons, we learned about developing emotional rapport with our clients. When I heard this, I could not help but recognize how similar this was to bartending. I did not think any of the skills I learned as a bartender would transfer to my new job as a client liaison at the firm, but developing rapport was something I knew about.

Mixing a good drink is only the beginning of a bartender’s skills. As with any other job, bartending requires a certain basic skill level appropriate for the job. With bartending that basic skill is the ability to make a drink your customers will want and enjoy. The real expertise in bartending, though, lies in a bartender’s ability to connect with the patrons. For the most part, drinks from one bar to the next are not going to be very different. Very little often distinguishes one bartender’s drink-making ability from another’s. The difference between wanting to drink at one locale versus another commonly comes down to which bar/bartender makes you most comfortable.

I was always considered to be a fairly sociable person, and I put it to good use as a bartender, connecting with complete strangers through a quick chat or a few probing but welcomed questions. I liked the idea of using my social skills in support of my job, and so, I always enjoyed my role as bartender.

Now, as a client liaison, I need to employ that same skill—developing rapport with my client base. I want my clients to relate to me the way a bar patron relates to a great bartender. Obviously being a liaison requires skills and activity way beyond just being a good listener for someone intoxicated or on the way to being intoxicated, but the one aspect of rapport is similar. A client liaison at our firm is expected to greatly assist medical providers in so many substantive ways. Knowledge, experience, focus diligence, responsiveness are all incredibly important. But all of those things should be part of a package that is surrounded by a deep and meaningful rapport.

It is a challenge, but, I must say, I was a pretty good bartender.

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Rapport: The Key to Bartending and Callagy Law Client Relations #Callagylaw, #Clients, #Liaison, #Rapport

Tuesday, April 28, 2015

Callagy Law: Kids Love Our Why Too!

This photo was sent in by Callagy Law employee, Jacqueline P. We hope everyone enjoys our WHY: “To fundamentally change the way people feel about lawyers, one client at a time.”

Callagy Law: Kids Love Our Why Too! #Callagykids, #Callagylaw, #Seancallagy, #Why

Be Clear: The Do"s and Don’ts of Social Media if You"re an Attorney | Callagy Law

Be clear as to who you are and why you are contacting the person.

The New Jersey Disciplinary Rules of Professional Conduct apply to communication via social media, therefore it is important to remember them when using sites like Facebook and LinkedIn RPC 7.1 states that “[a] lawyer shall not make false or misleading communications about the lawyer, the lawyer’s services, or any matter in which the lawyer has or seeks a professional involvement.” A good way to avoid misleading information is to be very clear as to who you are and why you are writing the message.

Do not be careless with casual advice

This is important not only to make sure that you’re not being irresponsible with the advice given, but also because an implied client-attorney relationship may form. An attorney should be clear in his or her communication with prospective clients regarding the nature of their relationship.

Do not disclose privileged or confidential information

Barring client permission, attorneys are not allowed to reveal privileged or confidential information. Although this is a rule that almost every attorney takes to heart, technological advancements have made it easier to inadvertently reveal information. For example, the metadata in a picture can reveal the time and location from where the picture was taken. Although not all attorneys are tech savvy, they will be required to know the consequences of the media they use to communicate.

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Be Clear: The Do"s and Don’ts of Social Media if You"re an Attorney | Callagy Law #Callagylaw, #Facebook, #Linkedin, #Socialmedia, #Twitter

Best Movies Ever: What’s Your Verdict?

Best Movies Ever: What’s Your Verdict?

A few years ago the American Film Institute published its list of the greatest movies of all time, based on a jury of 1,500 film artists, critics and historians. The Institute, of course, has a perspective that we as movie-goers cannot share, given that they (unlike we) are not limited in appreciation to a time period that coincides with our own lifespan. Individually we can only go with those films we have seen, and for the most part they post-date our entry into adolescence while the Institute has reached back over 70 years in compiling what is shared below. Still, it can be an exercise in self-awareness to reflect on our personal “top ten” and to take a moment to consider why, at least for us, they stand apart from others in our hearts and minds. It can also make for some pretty interesting “get acquainted” conversation among friends and lovers.

Here is what the Institute came up with:

Citizen Kane (1941)

The Godfather (1972)

Casablanca (1942)

Raging Bull (1980)

Singin’ In The Rain (1952)

Gone With The Wind (1939)

Lawrence of Arabia (1962)

Schindler’s List (1993)

Vertigo (1958)

The Wizard of Oz (1939)

Have fun creating your own list of favorites, and in case you’re looking for some you may have overlooked, here are mine (extended to twelve, which still wasn’t easy!):

It’s a Wonderful Life – the best reminder of how profoundly we impact the lives of others.

The Verdict – Never have I rooted for a character as much as I did Paul Newman’s. Great, great performance.

A Few Good Men – the climactic final scene held the single greatest exchange between two actors I’ve ever seen, bar none.

The Little Mermaid – best music of not just any Disney film, but of any film, period. The joy that it gave my daughters was a priceless gift.

The Passion of the Christ – when it was over and the lights came up, no one spoke, no one moved for a long time. Never before or since have I seen anything like it.

A Man for All Seasons – Thomas More’s courage, humility and conviction were as inspiring as anything ever captured on film.

The Graduate – maybe you had to be a college student in the 1960’s to fully identify with Ben Braddock but if you were, you know exactly what I’m talking about. It captured that era perfectly.

The Sound of Music - what DIDN’T it have? Great story, back-story, scenery, acting, music and…ending.

E.T. – A flying bicycle is every boy’s fantasy. Thank you, Steven Spielberg.

The Godfather – “Leave the gun. Take the cannoli.” Oh, so sublime.

Fiddler on the Roof – the remarkable story of a remarkable people.

Patton – Perfectly cast; exquisitely delivered.

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Best Movies Ever: What’s Your Verdict? #Attorney, #Callagylaw, #Lawyer, #Movies, #Verdict

Medical Provider, Heal Thyself: Information on the Affordable Care Act

The moral of this biblical proverb is in its advice to attend to one’s own defects rather than criticizing defects in others. Its relevance and practical applications are virtually without limit, for it can even be referenced in any situation or circumstance wherein an entity (whether corporate, individual, or other) bemoans the unfair treatment it feels it is receiving, but where that entity’s inaction or misguided effort enables the perpetuation of such mistreatment despite the availability of assistance that could affect a positive change.

What does this have to do with medical providers and facilities? Plenty.

While the outworking of the Affordable Care Act continues, for better or worse, to define the economic impact to one-sixth of the U.S. economy – an impact which in a free enterprise system is felt on every level of a medical provider‘s ability to thrive and thus continue to offer the highest quality of care – the interposition of healthcare insurers in the doctor/patient relationship remains powerfully influential in determining what that quality of care will ultimately be. Physician practices, like hospitals, are after all “for-profit” entities, and are largely dependent on receiving fair payment for the vital treatments they render. That payment must pass through a for-profit insurer. And therein lies a problem, both potentially and practically, if not inherently.

Even a cursory review of websites devoted to the bad faith payment practices of medical insurers can leave one’s head spinning. The means utilized to achieve their end (which is quite simply, to increase their profits) are often the results of far more time, thought, and investment than the medical arena as a whole seems able to match. Whether by implementing evermore obstructionist appeals processes, defaulting to payment schedules developed within the insurance community itself, or adopting computerized payment systems whose very appeal to the insurer is the cost savings promised by that system’s sales representative, the insurer has come to occupy the coveted high ground on the battlefield of reimbursement to medical providers. Thus, they are winning that battle. What’s a doctor, hospital, or surgery center to do?

First, know that it doesn’t have to be this way. There are very powerful remedies available to the victims of insurer denial and short-pay practices. Next, get connected with a law firm that cares enough to fight hard for the fullest extent of your rights and has done so with consistent effectiveness and with integrity. Be very circumspect in your choice of that advocate, for there are many and their track records are as varied as their cultures and business models. But regardless of whether or you choose to take these steps, consider this: Callagy Law has recovered over $140,000,000 in additional payments for our healthcare clients and medical providers, including over 30,000 settlements and awards in the past five years alone.

This is a huge, and hugely significant, battle. Fighting it alone is like taking on the Red Army with a BB gun. Ultimately, you will get the representation and results that you insist on for yourself. Just know that we are here to help you as well. Contact us, and let the healing begin.

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Medical Provider, Heal Thyself: Information on the Affordable Care Act #Business, #Callagylaw, #Medical, #Providers, #Recovered

Callagy Law - Quote of the Day

Don’t let anyone tell you, YOU CAN’T do something! Dream big!

Callagy Law - Quote of the Day #Callagylaw, #Dreambig, #Motivation, #Seanrcallagy, #Success

Monday, April 27, 2015

Callagy Law"s Quote of the Day

Callagy Law’s quote of the day was designed to give you a daily dose of motivation. We hope you enjoy this daily post and welcome any comments!

Callagy Law"s Quote of the Day #Attorney, #Callagylaw, #Inspiration, #Lawyer, #Motivation, #Seancallagy

Friday, April 24, 2015

Callagy Law’s Success Story of the Day

This duo decided to open a business after taking a course on the art of making ice cream. They only had $8000 and a small loan. They leased an old gas station in Burlington, Vermont and began coming up with new and fun ice cream flavors. 20 years and $237 Million Dollars later, they have what we know as BEN AND JERRY’S.

Callagy Law’s Success Story of the Day #Benandjerrys, #Hardwork, #Owners, #Success

The Multiple Modality Reduction (MMR) Formula: When It Applies

Someone is injured in a motor vehicle accident, and they are treated in a hospital emergency room. As part of the evaluation of the patient, an X-Ray of the patient’s lumbar spine (lower back area), an MRI of the brain, and a CAT-SCAN of the left leg are all performed. The PIP carrier pays the hospital 100% of one of the radiology codes, and 50% of the 2 subsequent codes. This is what is known as the Multiple Modality Reduction formula, or “MMR.” Application of MMR in this context is misplaced and the carrier is underpaying the hospital in applying it.

An understanding of the reason for the MMR formula is helpful to understanding why it should not apply to radiology treatment provided as part of a hospital emergency room encounter.

Simply stated, MMR applies to surgical services provided “in the same operative session.” The concept is simple. When a surgeon performs more than one procedure during the same operative session, certain actions performed initially do not have to be repeated for the subsequent procedures. When a patient undergoes a surgery, and as part of the operative session undergoes various procedures, a PIP carrier is permitted to reduce the total amount paid by paying half of the amount due for subsequent procedures performed in the same session, because certain steps are not repeated in each subsequent procedure. The principle is that it takes less time and resources to perform three procedures in the same session than if those same three procedures were performed separately in three independent operative sessions.

For example, a patient undergoes right shoulder arthroscopic surgery for rotator cuff tears. The surgery includes diagnostic arthroscopy, rotator cuff repair, extensive debridement, and manipulation procedures of that shoulder. PIP insurers must pay 100% of the amount due for the primary procedure, and then they may apply a 50% reduction pursuant to the MMR formula toward payment of the other procedures performed in the same operative session. The formula makes sense in that context. The patient is prepared for surgery and certain efficiencies are created for the subsequent procedures. (Please note there are some exceptions to the MMR application for physicians.)

These efficiencies, however, do not occur with radiological services. There is no time or resources saved by doing the X-Ray, the MRI and the Cat Scan in the same session as opposed to separate “radiological sessions.” Accordingly, to apply MMR to different radiology treatment provided as part of a hospital emergency room encounter is completely misplaced.

In sum, MMR makes sense if a patient undergoes surgery and multiple procedures are performed in the same operative session. It makes no sense, however, to apply this reduction to radiology treatment performed as part of a hospital Emergency Room encounter. We have been very successful arguing against the application of MMR in this context, and rightfully so.

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The Multiple Modality Reduction (MMR) Formula: When It Applies #Callagylaw, #Healthcarelaw, #Mmr, #Services, #Surgery

Citizens United and Hypocrisies

I always find in interesting how our political parties feign outrage over developments that tend to benefit their opposition. The latest case in point is the outcry from the left at the Supreme Court’s Citizens Uniteddecision. Whether or not the outcry is justified is not the issue. The outcry is from the political left, because they believe the decision disserves them politically. The right would be just as outraged if the decision disserved their interests, similar to the way the right was outraged at Chief Justice Roberts swing vote upholding the Affordable Care Act.

The Citizens United decision determined essentially that organizations can spend as much as they like in support of or in opposition to particular political candidates. They are still limited in the political contributions they can make, but they can spend freely on ads and in other ways to make their political views known. Accordingly, on the grounds of the First Amendment’s free speech protections, corporations, unions, trade associations and similar organizations are free to spend as much as they like in favor of or opposed to political candidates. Spending is speech, determined the court, whether it is by an individual or an organization.

Critics of the decision complain that organizations are not people. Freedom of speech and other rights under the Constitution are aimed at benefiting individual citizens, not organizations, and especially not powerful multinational corporations. These critics might very well be right, but do they really believe corporations should not be regarded as “citizens” separate and apart from the individuals who comprise them? If so, do they believe corporations should not be separately taxed? if corporations are not entities separate and apart from the individuals who comprise them, why do we tax corporations through our corporate tax rates, and then again tax the shareholders when dividend’s are distributed, and employees when the corporate profits are shared through bonuses or other means?

This is not a criticism or defense of the Citizens United decision. Citizens United certainly invites corruption, as does any introduction of money and financial benefit to the political process. But there are so many areas and levels of corruption within our political process, Citizens United seems to represent one small (or perhaps not so small) corrupting influence.

How about the lack of term limits? George Washington was and is celebrated for relinquishing power at the height of his popularity. Today, career politicians begin raising money for their next campaign the minute they enter office. This is not public service. It is self service. It is no wonder they tow the party line—they are interested in spending their entire careers in Washington. Their public service becomes a political career, and everything that would imply—their political survival becomes primary over and above the public good. And both parties are equally guilty of it.

How about lobbying and all of the lack of transparency that goes along with it. Why is it tolerated? Interest groups could easily make their views known through public congressional hearings or submissions available to the public. Why are secret meetings between legislators and interest groups necessary or even beneficial? They certainly are not aimed at the public benefit. By definition, they are geared toward making known the views of a small segment of the population. Why are they permitted?

How about public sector unions? How is it that people get to vote for those they will be negotiating with for pay or benefit increases? If employees elected their bosses, and could vote them out of office each year, do you think their bosses would evaluate them for purposes of bonuses and raises accurately, or would he feel inclined to treat them well, so that he could retain his position as their boss? Public sector unions are no different.

It seems clear that Washington has become an institution for its own sake, and, because of that, looks for opportunities to grow, survive, and justify itself, in a whole host of arenas. Citizen’s United is simply the latest context for money, power and influence to be concentrated, directly or indirectly, in the hands of federal decision makers.

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Citizens United and Hypocrisies #Callagylaw, #Citizens, #Seancallagy, #United

Is Obamacare in the Supreme Court Again?

The politics of the Affordable Care Act, more commonly referred to as “Obamacare,” never seem to settle. On March 4, 2015, the Supreme Court heard Oral Arguments in the most recent challenge to Obamacare,King v. Burrwell. Some people, who perhaps do not passionately follow constitutional challenges and the like, must be wondering, didn’t we go through this already?

To clarify, Obamacare was challenged in the Supreme Court prior to the pending litigation but on an entirely different issue. In National Federation of Independent Business v. Sebelius, the court weighed whether or not the federal government exceeded its power in mandating that certain Americans purchase private health insurance. This landmark case was decided on June 28, 2012 with the court ultimately concluding that requiring the purchase of health insurance was within the scope of federal authority under the taxing and spending clause of the constitution. This was a rather fascinating ruling in that most assumed that any power to mandate the purchase of a private commodity would stem from the commerce clause rather than from taxation. (Perhaps I use the word fascinating too loosely.)

By contrast, the current litigation pending in the Supreme Court essentially rests on a technicality. A core tenet of Obamacare is the availability for Americans to purchase health insurance in government run exchanges and receive government financed subsidies to help offset the cost of health insurance. The legislation called for every state to establish a “state run” exchange and for the federal government to establish a federal exchange as well. The purpose of the federal exchange is to service those Americans who reside in a state that failed to establish an exchange.

What led to the current Supreme Court case has to do with the way the legislation was drafted with respect to the availability of subsidies. The language of the statue calls for subsidies to be made available for those who purchase health insurance through an exchange “established by the state.” The plaintiffs thus argue that the legislation never intended for subsidies to be made available for those who purchase insurance through the federal exchange, but rather, subsidies are reserved for state run marketplaces.

The implications of this case are quite significant as only 21 states have set up their own exchanges. As a result, should the Supreme Court strike down federal subsidies, residents of 29 states would lose access to Obamacare subsidies. Unfortunately for any New Jersey resident relying on these subsidies, New Jersey has not established its own insurance exchange.

However, many see the likelihood of the Supreme Court siding with the plaintiffs in this case as quite slim and attribute the language in the legislation referring to an exchange “established by the state” as sloppy drafting. A primary purpose of Obamacare was to ensure access to health insurance through the availability of government subsidies; why then, they argue, would Congress not intend for subsidies to be made available through the federal marketplace?

Whatever the court concludes, one thing is certain: Americans will be debating the merits of Obamacare long after the ruling.

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Is Obamacare in the Supreme Court Again? #Callagylaw, #Obamacare, #Thingstoknow

Thursday, April 23, 2015

Callagy Law: WHY?!

From Callagy Law Client Liaison, Christine Piccirillo: “On Sunday I was down the shore wearing my Callagy Law T-shirt and a gentleman approached me asking if he could take a picture of the back of my shirt. I stated of course but might I ask why and he said he has been behind me for a while on the boardwalk and kept reading it and it really made him believe that we are a firm that cares about their clients. And that if he ever had to have an attorney for anything or had to refer one we would be that firm. That he feels all attorneys aren’t always his favorite people, and that for the first time he thinks maybe not all are and that we just seem like one who truly cares of their clients. So it was pretty amazing to get that feedback from wearing the Callagy t-shirt.”

This is WHY Callagy Law exists.

“To fundamentally change the way people feel about lawyers, one client at a time.”

Callagy Law: WHY?! #Callagylaw, #Change, #Lawyers, #Ourwhy, #Why

Tuesday, April 21, 2015

The Multiple Modality Reduction (MMR) Formula: When It Applies

An understanding of the reason for the MMR formula is helpful to understanding why it should not apply to radiology treatment provided as part of a hospital emergency room encounter.

Simply stated, MMR applies to surgical services provided “in the same operative session.” The concept is simple. When a surgeon performs more than one procedure during the same operative session, certain actions performed initially do not have to be repeated for the subsequent procedures. When a patient undergoes a surgery, and as part of the operative session undergoes various procedures, a PIP carrier is permitted to reduce the total amount paid by paying half of the amount due for subsequent procedures performed in the same session, because certain steps are not repeated in each subsequent procedure. The principle is that it takes less time and resources to perform three procedures in the same session than if those same three procedures were performed separately in three independent operative sessions.

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The Multiple Modality Reduction (MMR) Formula: When It Applies #Attorney, #Business, #Callagylaw, #LegalAdvice, #Seancallagy

Handicapped

While grocery shopping this past weekend, I had the pleasure of being served by a young girl who was the bagger for my groceries. She clearly had some condition—hard to say if it was on the autism spectrum or some other diagnosis—but she was incredibly sweet, friendly, accommodating, and she did a great job bagging my groceries. I am sure she did not view herself as handicapped, and it occurred to me that because she did not view herself as handicapped, she wasn’t. It dawned on me that we are all handicapped and we are all not handicapped.

Being “handicapped” is the human condition, otherwise known as imperfection, fallibility, bearing the burden of original sin. In biblical terms, we are banished from the Garden of Eden. I do not mean to diminish the severity of those with very serious handicaps versus those who, by all appearances, are not handicapped at all. What I mean is being handicapped or not is not a dichotomy, whereby we fall on either side of a dividing line. It is rather a spectrum, a continuum with all of us falling somewhere on that linear progression from mildly handicapped to severely handicapped, and our perspective determines where we believe we fall on that continuum, much as it does for our degrees of happiness.

It is always a tremendous inspiration when we see people with very severe handicaps doing things you would never expect them to do. We watch Iraqi war veterans who have lost limbs playing basketball; we delight in the Special Olympics and realize the efforts of those participants are as meaningful, if not more so, than those in the traditional Olympics. At the same time, we all know people who are not “handicapped” and who are not nearly as active or motivated as many of those who are. We all know slackers who pride themselves in how little they do and seek to get away with whatever they can. They are not “handicapped” or are they? If you think about it, being handicapped is much like being happy, in that it often comes down to perspective. If we regard ourselves as disadvantaged we will likely stay that way, because we are focused on our weaknesses rather than our strengths. If, however, we are focused on our strengths, our weaknesses—our “handicaps”–disappear from our radar.

Of course, there are things the girl at the grocery store cannot do or cannot do well, but so what. There are many things I cannot do or do well. I don’t do them, primarily for that reason. She might only be capable of bagging groceries, but she was rejoicing in the task and performed it as if it were as meaningful as brain surgery to a brain surgeon. And that is the point. She was happy; she was productive; she was proud; she was beautiful.

There are those in our culture who have talents we deem important, like throwing a football or looking beautiful through the lens of a camera, but those same people have their own handicaps, though we might not call them by that label. They might have emotional issues or ego problems to the point where they cannot have normal relationships. There are a whole host of “handicaps” that can lead to emotional, spiritual, psychological struggles that belie any appearance of physical prowess or make-up. Or it might be as simple as unhappiness—what greater handicap is there than depression, clinical or not.

All those we see doing things we expect them to be unable to do, adjusting their lives to make the best of what they have—the lesson is not simply in overcoming a handicap. The lesson is in moving along that handicap spectrum I referred to. We are all handicapped in one way or another. It is up to us to determine where on that spectrum—from the less severe handicap to the most severe—we will fall. I submit that the bagger of my groceries, because of her happiness at the task and her finding a task that gave her the fulfillment she seemed to embrace, was much less handicapped than, for example, the basketball star who can’t find a meaningful relationship, because he is full of himself.

Handicapped

Callagy Law - Quote of the Day

Never give up. Keep trying until you succeed!

Callagy Law - Quote of the Day #BusinessDevelopment, #CallagyLaw, #Goals, #Motivation, #Success

Monday, April 20, 2015

Callagy Law - Quote of the Day

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Friday, April 17, 2015

Strange State Laws: Things You Didn’t Know Were Illegal

Alabama – It is illegal to wear a fake moustache that causes laughter in church.

Colorado- It is illegal to mutilate or deface any rocks in recreation areas of the state.

California – It’s unlawful to let a dog pursue a bear or a bobcat.

Hawaii – It is illegal to ride in the back of a passenger car without a seatbelt but it is legal to ride in the bed of a pickup truck without safety equipment.

Michigan – Persons may not be drunk on trains. Unlike New York City, where it seems to be a requirement.

Tennessee – It is illegal to share your Netflix password.

Mississippi – A man may not seduce a woman by lying and claiming he will marry her.

New Hampshire – You cannot check into a hotel under a fake name.

Washington – Harassing Bigfoot is a felony.

West Virginia – Every act of public swearing can result in a one dollar fine

Strange State Laws: Things You Didn’t Know Were Illegal

Callagy Law - Quote of the Day

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Wednesday, April 15, 2015

Callagy Law"s Quote of the Day

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Tuesday, April 14, 2015

Callagy Law - Verdict Search

Hey! Our ‪#‎verdict‬ made it into the ‪#‎top100verdicts‬ of #2014 ‪#‎verdictsearch‬ ‪#‎prussinvsheldon‬ ‪#‎lawyer‬ ‪#‎callagylaw‬

Callagy Law - Verdict Search #Callagylaw, #Lawjournal, #Njlj, #Prussinvsheldon, #Settlement, #Topverdict, #Verdict, #Verdictsearch

Callagy Law"s Quote of the Day

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Monday, April 13, 2015

The Easter/Christmas Tug-of-War Between the Secular and the Spiritual

Like most people, I love Christmas. The spirit of giving, the excitement of receiving, the music, the movies, the shopping, the family gatherings—they all contribute to an atmosphere of festivity that lasts, these days, well over a month. Like many people, however, I experience certain conscience pangs as well, because the festive spirit and its attendant commercialism distract us from the fundamentally spiritual nature of the holiday. This past Easter I experienced the opposite feeling, and it was deeply rewarding and encouraging.

Christmas is meaningful spiritually, because it is a celebration of the birth of Jesus. Jesus Christ is the Christian Messiah, and though Jesus is appreciated and even revered by some other religions, only Christianity celebrates his birth. Other major religions have their own celebrations at this time, but they are not connected in any way to the Christian celebration of Christmas. In fact, there is a good deal of historical evidence to suggest that the winter solstice, which was much celebrated by pagans who were converted by the early Christians, is at the heart of why we celebrate Christmas when we do. There is little historical support for the notion that Jesus was actually born December 25^th, or even in December at all. This does not make the holiday any less meaningful. It is a wonderful thing to celebrate the birth of Jesus, whenever it is celebrated. I raise it only so as to compare it to Easter, which has not only deeper spiritual significance, but also wider significance and is temporally more accurate.

The Last Supper in Christianity is in fact a celebration of the Passover meal in Judaism. As Jews, Jesus and the 12 Apostles gathered for the Passover meal that is still, today, celebrated by the Jewish Community, probably in much the same manner as Jesus and his followers. It is at that supper that Jesus broke the unleavened bread and drank the wine that is now celebrated as the Eucharist by Christians. At that same supper, he announced that he would be betrayed by one of the 12—Judas—and so began the passion and Jesus’s crucifixion and resurrection celebrated by Christians at Easter time.

What I discovered this year–and perhaps it was always there but I missed it all along—was that just as Christmas is getting more commercialized and less spiritual, Easter seems to be growing more spiritual. I attended the Veneration of the Cross on Good Friday and, as part of that Mass, a woman came to the altar and re-enacted a fictional dream she had in which she witnessed Jesus’s entry into Jerusalem on Palm Sunday, the Last Supper in the upper room, Peter’s denials, the Crucifixion and death of Jesus, and the final moments Mary had with her crucified son, now memorialized in La Pieta by Michelangelo. I found it incredibly moving, in particular her emphasis on how we too betray Jesus, as Judas did; how we too deny Jesus as Peter did; how we too send Jesus to his crucifixion by our silence before Pilate, as the crowd did when asked, “Whom shall I free? Jesus or Barabas?”

At the same time—and perhaps it is because my children are now grown—I saw no reference anywhere to the Easter bunny, an extremely heartening realization.

In many communities and in many countries, the Passion is re-enacted, with great physical discomfort and sacrifice, with Christians all across the globe looking to get a sense of what such a violent and terrible travesty must have been like. So many hearts trying to feel the anguish so many must have felt at the time, but were too weak and frightened to do anything to stop it or to even voice an objection. So many people trying to understand how, after suffering so much pain, anguish and ridicule, someone could actually say “Forgive them, for they know not what they do.”

Add to this profound display of spiritual yearning the fact that the Jewish community at the same time celebrates its freedom from slavery at the hands of the Egyptians, in the same way Jesus and his followers did two millennia ago, and you have this fascinating legacy of history where two faiths, which view themselves generally as separate and apart, are, in actuality, inextricably intertwined. To know and understand that history is to know and understand how meaningful the Easter season really is . . . and many people do. I realized this past Easter that if the trade off for the commercialization of Christmas is a deeper, more meaningful Easter season, I am all in favor.

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The Easter/Christmas Tug-of-War Between the Secular and the Spiritual #Christians, #Christmas, #Easter, #Goodfriday, #Secular

Tips to Enjoying Spring 2015

It has been a long and difficult wait for the spring season this year. It was a slow winter, too often giving rise to a feeling that it would never end. But now, finally, it is time to open the windows, smell the air, get outside, and enjoy the smell of flowers in bloom and the clean fresh aroma of spring.

Being on the road as a client liaison, I witness every day the scenery’s re-birth at the nurturing hands of Spring. With the trees re-gaining their greenery and the flowers re-making their colors, it can be difficult to stay focused on the road and the cars all around you. But stay focused you must, and do what you can to avoid those drivers distracted by the beauty of spring.

Also, bear in mind, flowers and greenery are not the only things you see more of in the spring. The New Jersey State police also seem to be in bloom in the Spring. Perhaps it is my imagination, but here appears to me many more police cruisers out there pulling people over and writing summonses, probably to give themselves the opportunity to get out of their cars and smell the fresh Spring air. So, stay focused on the road for the added reason of avoiding a ticket. Nothing ruins a beautiful Spring day as quickly as a traffic summons.

If you would like to enjoy the beauty of spring and be taken in by its wonderful distractions, try doing so at the Brooklyn Botanical Gardens, where the Spring Cherry Blossoms will be on full display this month.

A good place to visit in the Spring season is also, at the Brooklyn Botanical Gardens, at the end of the month, enjoy the Sakura Matsuri, which is a celebration of Japanese culture.

The combination of those two things is a wonderful way to welcome in the spring.

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Tips to Enjoying Spring 2015 #Advice, #Callagylaw, #Spring, #Tickets, #Tips

Callagy Law"s Quote of the Day

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Is Obamacare in the Supreme Court Again?

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The post Is Obamacare in the Supreme Court Again? appeared first on Callagy Law Blog

The politics of the Affordable Care Act, more commonly referred to as “Obamacare,” never seem to settle. On March 4, 2015, the Supreme Court heard Oral Arguments in the most recent challenge to Obamacare, King v…

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Wednesday, April 8, 2015

Callagy Law"s Quote of the Day

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Tuesday, April 7, 2015

Callagy Law"s Quote of the Day

Please enjoy Callagy Law’s quote of the day!

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Citizens United and Hypocrisies

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The post Citizens United and Hypocrisies appeared first on Callagy Law Blog

I always find in interesting how our political parties feign outrage over developments that tend to benefit their opposition. The latest case in point is the outcry from the left at the Supreme Court’s Citizens United decision…

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Citizens United and Hypocrisies #Business, #CallagyLaw, #LawFirm, #LegalAdvice, #LegalHelp, #Life, #LifeCoach, #Paramus, #Politics, #SeanCallagy

Stella Liebeck and The Truth About the McDonald’s Burn Case

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The post Stella Liebeck and The Truth About the McDonald’s Burn Case appeared first on Callagy Coaching

One morning in 1992, Mrs. Stella Liebeck, a 79-year-old woman, purchased a cup of coffee at a McDonald’s drive thru . She was in the passenger seat; her grandson was driving. Her grandson pulled ahead so Mrs…

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Monday, April 6, 2015

Callagy Law"s Quote of the Day

Callagy Law’s Quote of the Day!

Callagy Law"s Quote of the Day

The Multiple Modality Reduction (MMR) Formula: When It Applies

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The post The Multiple Modality Reduction (MMR) Formula: When It Applies appeared first on Callagy Law Blog

Someone is injured in a motor vehicle accident, and they are treated in a hospital emergency room. As part of the evaluation of the patient, an X-Ray of the patient’s lumbar spine (lower back area), an MRI of the brain, and a CAT-SCAN of the left leg are all performed…

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Thursday, April 2, 2015

Callagy Law"s Quote of the Day

Callagy Law’s Quote of the Day

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Wednesday, April 1, 2015

Callagy Law - Quote of the Day

Please enjoy our daily quote of the day! – Callagy Law

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Pursuing Economic Crime Degree and Knowing about the Course

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The post Pursuing Economic Crime Degree and Knowing about the Course appeared first on Callagy Law Blog

It is believed that money is root cause of every evil. It surely has that kind of appeal. Some people do not think twice about committing any kind of crime, hurting others, breaking the law and many more…

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Pursuing Economic Crime Degree and Knowing about the Course #Attorny, #Business, #Callagy, #HttpCallagylawblogCom, #LawFirm, #Lawyer, #LegalAdvice, #LegalHelp, #Life, #LifeCoach, #NewsAndSociety, #Sean, #SeanCallagy, #SelfImprovement, #Spirituality

Changing Trends of Medical Malpractice New York

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The post Changing Trends of Medical Malpractice New York appeared first on Learn To Be Successful, Business and Life Coaching

Medical malpractice causes numerous injuries and deaths to patients every year throughout the United States. This anomaly, Medical malpractice occurs when a physician or the medical center fails to provide a patient with the required standard of care that result in causing the patient to suffer harm…

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