Law Library TV – Episode 1.4, ‪#‎AskSeanCallagy‬ October 29, 2015

Law Library TV – Episode 1.4, ‪#‎AskSeanCallagy‬ October 29, 2015 #Callagylaw, #Lawlibrarytv, #Legalfacts, #Legalnews, #Lltv, #Seancallagy

Why Not #6 – Why Not Say Goodbye to Motivation? October 29, 2015

Why Not Say Goodbye To Motivation? And Hello To Something Infinitely More Powerful?

I had a game changing meeting with a friend of mine, Rey Rostami, the New Jersey Training Coordinator for AFLAC, yesterday. Rey has a tremendous life story, rising above some very challenging childhood years on the inner city streets of Los Angeles, to becoming a commission sales person for AFLAC, to becoming an award winner and leader, to now being the head of training for AFLAC, New Jersey.

Rey also uses a significant amount of my training principles for himself and his AFLAC trainees. So, when I asked Rey what he thought of our “Why No Huddle”, I was shocked to hear his answer.

Rey hesitated and looked uncomfortable as I waited to hear his thoughts. Finally, he said, “I haven’t seen it. In fact, I’m embarrassed to say that I didn’t even know it started yet.”

I actually felt a lot of excitement when Rey told me this. Our Callagy Law Facebook has already grown by 700 “likes” in just a few days. Now, I completely understand that out of our 10,000 “likes,” still only a fraction of the 10,000 has even seen the posts about “Why Not”. As more people see it, which we ask everyone’s help with changing that, we will watch the numbers grow like crazy. I’ll explain in a moment why that’s a good thing for everyone.

Something far more amazing happened though in the next stage of our conversation. Rey became very excited about the idea of his sales people having the ability to watch the “Why Not Huddle” everyday for motivation. He explained the obvious fact that sales is full of frustration and how important “motivational videos” are.

This is where our breakthrough moment occurred. After the next 10 minutes of our conversation, Rey was more blown away and excited than I’ve ever seen him.

I asked Rey to now explain what I had just shared with him as though he was speaking with sales people at AFLAC to help them understand how critical, unique and valuable the “Why Not Huddle” is for them.

Rey summarized our conversation as follows: “Motivation is for people who are ‘At Effect’. It means that you are riding external stimuli to move you.

The consequence of this is that if you receive negative stimuli, you are equally susceptible to stop acting. The key is to stay ‘At Cause,” which is the opposite of ‘At Effect’ and means that you are in control, through an entirely different philosophy, of your feelings, thoughts and actions. The value of ‘Why Not’ isn’t to motivate, is to keep you ‘At Cause’, which is so much more valuable it’s incredible.”

“Precisely my friend”, I shared with him. Rey added, “My entire philosophy of training and producing results has shifted in the last 10 minutes.” Rey also added some incredibly complimentary words for me, which I will leave out.

What??????!!!!!!!!! Yes, motivation is weak. Motivation is fleeting. When people call me a motivational speaker it bothers me.

During our conversation, Rey helped me clarify my burning “why”, or my drive, for doing all of this. I want to help people at an unprecedented level to improve the mental and emotional quality of their lives. I believe that it is so easy to lead a life of more passion, positive energy and results than most people do. This is why I do this.

Here is the key of all of this though: the “Why Not Huddle” is NOT about motivation!!!!!!! It is about changing your life philosophy so you don’t need external motivation. External motivation can be nice and fun, but it is fleeting and ineffective. It is like going from a car that has a one gallon gas tank, a person relying on motivation, to an oxygen powered car that is perfectly self sustaining as oxygen is everywhere, which is the equivalent of having a life philosophy of being “At Cause”.

We will talk more about this on today’s “Why Not Huddle” and tomorrow’s article. For today though, please try and get this into your heart, soul and

brain: you are the only person or thing that can make you feel how you feel.

Remember, your feelings control your thoughts, your thoughts control your actions, your actions give you your results and your results create your destiny. Thus, the difference between living in motivation versus living “At Cause” is a completely different destiny.

Please, please, please, read tomorrow’s article as we will explain this enormous distinction. For today, understand that living “At Cause” is about you being in charge of how you feel, think, act and produce results minute to minute, day to day, week to week, month to month and year to year. The “Why Not Huddle” will help you achieve this level of mastery of your life and yourself AND it will be FUN!

This applies for peak athletes, business owners, sales people, stay at home moms and dads, teachers, lawyers, accountants, politicians, celebrities or whatever. The “why” behind “Why Not” is to make your life better and the world a better place through leaving behind negative emotional reactions, thoughts, feelings and behaviors.

AND just so this doesn’t sound like I’m suggesting we become weird robots, let me illustrate a point I made to Rey about the importance of feeling even sad feelings versus having those feelings produce negative outcomes. I used my grandfather, who passed away in 1999, as an example.

I miss my grandfather very much. I loved him with all my heart, and he was amazing as a source of support, love and teaching for me. He was incredibly positive when it came to him telling me who I am and how great I could be.

“When I think of him”, I explained to Rey, “I feel certain and confident, and I want to live an amazing life of balance, fulfillment, giving and success in tribute to all that he was and all that he taught me.”

This is a simple example of feeling very real feelings of missing my grandfather, but having those feelings serve my life as opposed to depress me because my beloved grandfather isn’t here anymore. All of that is a choice with tools to help make that choice a reality, all of which we will cover over time on our “Why Not Huddle”.

As we begin to touch on these topics, you may start to feel a bit challenged or even irritated by these concepts, or me. A natural human response is:

“you don’t know my problems. Mine are worse. This wouldn’t work for me!” All I can say is, yes, many people suffer from horrible challenges and trauma.

I’m sure some people exist that need some additional help. I simply believe that way more people can be masters of their own destiny that most people believe.

AND, I will close with this: medical science says I’m going blind from a hereditary eye disease that my beloved grandfather had and was blind from.

I’ve stopped driving and watching TV has become incredibly difficult as I pretty much see double, plus have huge contrast problems and blind spots. I need help telling me what’s happening on the TV screen pretty often if I watch a show like my favorite, “Walking Dead”. Yet, I have zero fear. I don’t feel fear and get rid of it. I don’t feel it in the first place. I have absolute certainty that I will be cured AND before I am, I will cope and adapt perfectly and enjoy additional advantages from my disease. One of those advantages is keeping me “At Cause” at an accelerated rate to take advantage of the vision I have.

So, while many people have worse disability challenges than I do, 95 percent of the population DOES NOT. Thus, I can speak from a place of absolute certainty when I tell you that you, with whatever challenges you have, can live an amazing life of being “At Cause” and enjoying life’s wonder, beauty, amazement, abundance, joy and passion.

Carpe Diem and enjoy your day “At Cause”!!!!!!!!

In your service,

Sean Callagy

You can see all of our WHY NOT – HUDDLE videos by clicking here and subscribing! If you have questions about any of the content you see or to have your questions answered on an upcoming show by Sean, please email your questions directly to him by clicking here.

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The Short-Term Impact of the Transition to ICD-10

On October 1, 2015, ICD-10 will go into effect, displacing ICD-9, which has been in place for 30 years.  ICD-10 will introduce greater detail and therefore greater complexity to medical billing and coding practices.  Indeed, In excess of 150,000 new procedure and diagnosis codes will be introduced.  As a result, it is safe to say that disagreements with carriers and controversy in interpretation will be commonplace for some time to come.  Because of this, medical providers need to brace themselves for what is sure to be increases in denials from carriers with a concomitant reduction in revenue.  Although these denials of course can and should be challenged at every turn, medical provider cash flow in the short run will certainly be impacted.

This is especially true in light of the fact that ICD-10 is not being mandated, thus far, at the state level.  Hence, PIP and WC claims can still be processed under ICD-9.  This gives PIP and WC carriers perhaps an additional opportunity for denial—they might request a bill submitted under ICD-9 to be re-submitted under ICD-10 and vice versa—anything to cause delay or denial in reimbursement.

Medical providers need to be especially vigilant and aggressive in their refusal to accept these denials and delays at face value, and should prepare themselves financially for a reduction in revenue, at least in the short run.

If you have questions regarding ICD-10, or any other legal questions, please feel free to contact Callagy Law today! If you are a medical provider, please refer to our Medical Providers page on our website.

 

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How Do Businesses Ensure Compliance When Picking Healthcare Plans?

New and existing small businesses have to consider if they will offer health insurance and if so the owner must pick the specific benefits for the company.  Under the Affordable Care Act individuals and businesses have new rights and responsibilities regarding health care insurance.

 

The ACA has instituted new requirements involving various parts of employer-sponsored health care insurance including waiting periods, tax credits, and disclosure rules for employees.  Owners and managers of small businesses should be aware of the legal requirements surrounding these regulations to ensure compliance.

 

Waiting Periods

 

Under current law, employers who offer health insurance cannot have waiting periods longer than 90 days.  Employers occasionally use waiting periods before issuing health insurance to employees.  These waiting periods can be to avoid providing costly health insurance to probationary employees before they are hired permanently.  Alternatively, waiting periods are sometimes used for employees who are in training periods or have started on a part-time or temporary basis but are moving to a full-time role.  Of course, employees must still meet other eligibility criteria in order to obtain the employer-based health insurance.

 

Tax Credits

 

For small employers, with fewer than 25 full-time equivalent employees, the Federal government may provide tax credits.  Businesses that pay average wages below $50,000 and contribute 50% or more to its employees health insurance premiums, and buy insurance through the small business insurance marketplace may be eligible for the tax credits.  The tax credits may equal up to 50% of the employer’s insurance premium costs.

 

Notably, employers do not have to provide coverage to employee dependents or to part-time employees.

 

Alternatively, employers who fail to meet IRS requirements with regard to offering health insurance, may face financial penalties.

 

Disclosures

 

Employers are now required to provide employees with summary of benefits documents that explain the benefits of the health insurance plan, such as what is covered and what the cost sharing between the employer and employee are under the plan.  The coinsurance, copays, and deductibles for individual services as well as annual and lifetime levels are likely going to be included in the summary documents.

 

Insurance carriers will draft the benefit summary document, which may be based off of a standardized document for small group insurance plans or it may be customized for a particular business.  Employers should familiarize themselves with the documents to ensure that they comply with the contract that the business signed with the carrier and so that they can communicate knowledgeably with employees who may have questions about benefits under the health plan.

 

Employers should note that they may face penalties for failing to comply with the disclosure requirement.

 

Contact a knowledgeable Lawyer for Assistance

 

Treading into the field of Federal and local regulatory law can be confusing for busy business owners.  The experienced and dedicated attorneys at Callagy Law are ready to help answer your questions about forming a business or ensuring that your existing business is in compliance with the law.  Contact the team here at Callagy Law today for legal guidance.

 

You may also be interested in these Callagy Law Blogs:

 

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

Citizens United and Hypocrisies

Is Obamacare in the Supreme Court Again?

 

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Read Contracts Before There is a Problem | Callagy Law

Busy business owners and procurement officials frequently enter into many contracts with suppliers, customers, landlords, and many other individuals as well.  Most of these contracts will likely go off without a hitch.  But, some of the contracts may not work out and lead to disputes over payments, production, or services, that may even lead to litigation.  Contracts, as legally binding documents, are very important for businesses to execute wisely.

 

What Does the Contract Actually Say?

 

In negotiations between a buyer and seller, there are often various promises and assurances made on both sides.  However, the final contract may not necessarily contain those oral promises either by accident or on purpose to deceive the other party.  As such, it is critical that each party carefully read and understand what is being proposed in the contract itself and what recourse each party has to make the other party perform or to obtain damages from non-performance.

 

Contract Disputes Can Be Very Costly

 

Contract disputes can be huge headaches for businesses in the monetary cost, business productivity, and just as a general distraction for management and staff.  In New Jersey, a contract dispute over the type of document used in a contract bid (a letter versus a customary form) has resulted in protracted litigation that has gone all the way to the New Jersey Supreme Court.

 

Litigation can be quite costly and time-consuming (sometimes lasting several years) and may not even lead to satisfactory results.  A business may obtain monetary damages if another party fails to fulfill its contractual obligations, but it may not truly make the business whole if it suffered losses to its core business or even lost customers for good as a result of the contract’s breach.

 

Catching Issues Before There is A Dispute is Easier than Litigation

 

Even though it may take more time to carefully review an agreement and discussing the terms with the other party before signing it, doing so helps to ensure that both parties understand the contract and agree to what is in the contract, rather than some other notion of what the deal supposedly is going to do.

 

Also, negotiators should realize that contract language can vary from industry to industry and legal requirements or expectations can differ also depending on the nature of the agreement.  For example, a software license will probably look totally different than a consultant agreement, and the terms that are most important for each party in those different agreements will also be quite different.

 

Businesses should have standard procedures or checklists to facilitate contract review and approval to ensure that contracts are consistent across the organization to the extent possible.

 

Contact a Skilled Lawyer for Help

 

Treading into complex and dense contract language can be confusing for busy business owners.  The experienced and dedicated attorneys at Callagy Law are ready to help answer your questions about forming a business or ensuring that your existing business is in compliance with the law.  Contact Callagy Law today for legal guidance.

 

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Google launches free streaming service ahead of Apple Music debut

By Yasmeen Abutaleb

SAN FRANCISCO (Reuters) – Google Inc launched a free version of its music streaming service on Tuesday, as it sought to upstage the debut of Apple Inc’s rival service next week.

Google Play Music has offered a $9.99 per month subscription service for two years but Tuesday’s launch is the first free version of the streaming service. It is available online and will be available onAndroid and iOS by the end of the week, Elias Roman, Google product manager, said.

Apple said earlier this month it would launch a music streaming service on June 30 for $9.99 per month along with a $14.99 per month family plan, with a free three-month trial.

As with other streaming services, such as Spotify and Rhapsody, Google Play Music curates playlists. Users can tailor playlists based on genre, artist or even activity, such as hosting a pool party or “having fun at work.”

“We believe this is a play that will expose a lot of people to the service,” Roman said in an interview.

Unlike Google’s subscription music service, the free service will carry ads, be unavailable offline and exclude certain songs.

Roman said millions of people look at Google Play Music each month but are not ready to pay for a subscription. By offering a free version of the service, he said, the search engine hopes more people will be compelled to pay for an upgraded version.

Ted Cohen, managing partner of TAG Strategic, a digital entertainment consultancy, said the timing of Google’s launch was strategic.

“It’s a smart time to do it with all the attention around Apple,” Cohen said. “If they did it absent the Apple service, it wouldn’t be the same story.”

Google declined to say how many subscribers it has but said they more than doubled in 2014 from the previous year. But rivals Pandora, Spotify and Beats Music had far more mobile downloads than Google Play Music in 2014, according to data from analytics firm App Annie.

(Reporting by Yasmeen Abutaleb)

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Success Story: Sergey Brin Founder of Google

As a research project at Stanford University, Brin and Page created a search engine that listed results according to the popularity of the pages, after concluding that the most popular result would often be the most useful. They called the search engine Google after the mathematical term “googol,” which is a 1 followed by 100 zeros, to reflect their mission to organize the immense amount of information available on the Web.

After raising $1 million from family, friends and other investors, the pair launched the company in 1998. Headquartered in the heart of California’s Silicon Valley, Google held its initial public offering in August 2004, making Brin and Page billionaires. Google has since become the world’s most popular search engine, receiving an average of 5.9 billion searches per day in 2013.

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Contesting a Will in New Jersey

WHO:

Only certain people can contest a Will in the State of New Jersey. To do so, you Will have to be one of those certain people or groups who have what is called “standing”. Generally speaking, standing or locus standi means you must be a party who has a direct interest in the action and can show you Will sustain a direct injury or harm related to the action.  So who has standing to contest a Will in New Jersey?

The first class of people or groups who may have standing to contest a Will include those who would have had an interest in the estate if there was no Will, otherwise known as an heir at law. For example, a child who would be entitled to a share of the deceased if there was no Will, would have standing to contest a Will if the Will that exists does not include the child. This is not to say that such a ‘disinherited child’ is automatically entitled to a share of the estate, but simply that they are in the group of people who would otherwise have standing to contest a Will.

Furthermore, anyone named in a prior Will would also have standing to challenge a Will if the Will entered into probate eliminates or even reduces the share afforded to that person or group in prior Will. Again, this is not to suggest that one named in a prior Will would be successful, but being named in a prior Will does confer standing to challenge a Will.

It is not just a “person” who might have standing to challenge a Will but even groups or corporations who can challenge a Will. So if a later Will reduces a charitable donation left in earlier Will, the charity will be deemed to have standing to contest a Will.

WHAT:

Under New Jersey law, there are essentially two basis upon which the validity of a Will can be contested. The first basis is to allege that the decedent lacked the Testamentary Capacity to have executed the Will that is being presented for probate. In other words, the Testator was not of sound mind when they executed the Will. This is often a difficult and very expensive allegation to prove as the Testamentary Capacity to execute a Will does not legally require much to prove but conversely, requires a substantial amount of medical evidence to disprove.

 

The second basis to contest the validity of a Will is premised on an allegation of Undue Influence on the Testator during the crafting of the Will by another who has a confidential relationship with the Testator. Here, the challenger will have to prove that the Testator was so unduly influenced by another person to the point that the Will ultimately reflected the wishes not of the Testator, but rather, the wishes of the Influencer. This basis will also require a showing that the Testator had a confidential relationship with the person.

 

WHERE:

In the State of New Jersey, the Surrogate’s Office is the office responsible for the administration of an estate, including admitting a will to probate and granting letters of administration to an appropriate person to carry out the duties of the decedent. Typically, Wills are entered into probate by the Surrogate’s Office in the County in the decedent lived. This is not always the case however, as a Will can also be filed in the County where the decedent owned property.

Will contests, usually filed as a Caveat to the Will, will halt the probate of a Will and will generally also start by being filed in the Surrogates Court of the County where the Will was filed for probate. Once the Caveat is filed, the contest to the Will be moved to Superior Court.

WHEN:

The first step in a Will contest is to block the Will from being probated. In New Jersey, Wills cannot be entered into probate until 10 days after the death of the decedent. This window of time guarantees anyone with standing at least ten days to file a Will contest before the Will is probated.

In the event, a caveat is not blocked in time at the Surrogates office, or in the correct County, New Jersey still affords a four month window to New Jersey residents and a six month window to out of state residents, after the Will has been entered into probate to go directly to the Superior Court to file to a motion to contest a Will.

HOW:

As stated above, if you believe you are a person who has standing and you wish to contest a Will, you should go directly to the Surrogates Office in the County or Counties in which you think the Will be filed for probate and file a Caveat as soon as the possible after the death of the Testator.

A Caveat is simply a document that when filed prevents the Will from being entered into Probate.  This will start the process.

Once the Caveat is filed, the matter then be moved from the Surrogates Court to Superior Court where the challenge to the validity of the Will be heard.

The Caveat must be filed in the County where the Will is going to be probated, however, if you wish to contest a Will, you can file the Caveat in as many Counties as necessary to make sure you are filed in the County where the Will be filed for probate.

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Entrepreneur Sir Richard Branson’s Tips for Success

Callagy Law’s Successful Entrepreneur of the Day:

Here at Callagy Law, we love to hear success stories from entrepreneurs around the world. They all have things in common. Below you will find a list of things Sir Richard Branson does to be successful.

1. Follow your dreams and just do it.


2. Make a positive difference and do some good.


3. Believe in your ideas and be the best.


4. Have fun and look after your team.


5. Don’t give up.


6. Make lots of lists and keep setting yourself new challenges.


7. Spend time with your family and learn to delegate.


8. Try turning off the TV and get out there and do things.


9. When people say bad things about you, just prove them wrong.


10. Do what you love and have a sofa in the kitchen.

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