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- Nursing Home Decisions | Fiffik Law Group, PC
Nursing Home Decisions Thanks to medical advances, people are living longer. That’s the good news! But the longer you live, the likelier it is that you’ll require Long-Term Care. In fact: 8.3 million people in the United States received some sort of Long-Term Care in 2016 52 percent of people - 47% of men and 58% of women to be exact - who reach the age of 65 will need Long-Term Care in their lifetime 2 years is the average length of time, over a lifetime, that a person will require LTC As you can see from these numbers, a significant percentage of the population will require long-term care. No one likes to discuss these kinds of issues, but it’s in your best interest to factor extended care into your post-retirement plans. Deciding on Elder Care There are multiple categories of residential care communities and several home-based care services, and each is referred to by many different names. Many factors are taken into account when determining if you're eligible for assisted living, or if it's the right place for you. The types of residential care communities you'll encounter include: Independent Living / Senior Livings are apartment buildings or patio homes within a complex that offers dining, transportation, security, and recreational activities, but no health care services. There is sometimes a minimum age requirement. Assisted Living provides an apartment-like setting that allows individuals to age in place and receive the assistance they need to maintain maximum independence and personal choice. These residences provide assisted living services such as: meals, laundry, housekeeping, transportation services, and basic cognitive support services. Additionally assisted living residences must provide or arrange for other types of health care services such as hospice services, occupational therapy, skilled nursing services, physical therapy, behavioral health services, home health services, escort services, and specialized cognitive support services. Personal Care Homes are residences that provide housing and meals for individuals – typically older people or people with physical, behavioral health, or cognitive disabilities – who are unable to care for themselves but do not need 24/7 nursing home or medical care. Available services are based on the individual needs of the resident but can include assistance with daily living activities including bathing, dressing or going to the bathroom. Skilled Nursing Homes provide 24-hour continuous health care services as well as room and board. The health care services include basic and skilled nursing care, rehabilitation, and a full range of other programs, treatments, and therapies such as occupational therapy and physical therapy. Skilled nursing facilities also manage complex medical needs that require equipment, such as ventilators and IV lines. Continuing Care Retirement Communities are residences that provide a continuum of care from independent living to assisted living to memory care to skilled nursing. These communities are designed to enable seniors with progressively declining health to remain in a single residential location or give healthy seniors the peace of mind that all their future needs are covered. Home Care agencies provide non-skilled services to individuals in their homes or other independent living environments. Home care may include assistance with self-administered medications; personal care assistance such as bathing, feeding, and hygiene; assistance with housekeeping, shopping, meal planning and preparation and transportation and respite care including support to the family. Home Health Care agencies provide health care services to ill, disabled, or vulnerable individuals in their homes or places of residence, enabling them to live as independently as possible. Home health care services include nursing care; home health aide care and physical therapy, occupational therapy, and speech therapy services. Hospice is a coordinated program of palliative and supportive care for those with a limited life expectancy. It can be provided in a nursing home, assisted living residence, personal care home, individual’s home, or at a hospice facility.
- Wills | Fiffik Law Group, PC
Wills The thought of writing a Will can be scary, but think about how happy you would be knowing everything is set and in order! Our trusted attorneys will help you obtain a Will so that you can make sure to have it completed. Writing up a Will can be a dreadful process, so might as well let us help you get it over with. Reasons to Have a Will A Will is a written declaration of the desired distribution of your assets following your death. Die without one, and the state decides who gets what, without regard to your wishes or your heirs’ needs. If you die without a Will, the law deems that you have died “intestate”, meaning that you have left no instructions as to how you want your assets to be distributed and by whom. In addition, the court appoints an administrator, who may not be the person of your choice, to distribute your assets. Spouses may not be entitled to all of your assets, and partners without the benefit of marriage, stepchildren, unadopted children, and friends are all excluded under Pennsylvania intestacy laws. A Will enables you to: Direct the management and distribution of your assets Make gifts to a non-family member such as a partner, friend, stepchild, or unadopted child Select a person of your choice to manage your Estate (Executor) Select for the care of your minor children (Guardian) Select a person to handle the financial management of your minor child’s inheritance (Trustee) Select the age at which your child receives an inheritance without a trustee Distribute your Estate in unequal shares among your children based upon need or other factors Make specific gifts of real estate, a business, or personal property such as collectibles, sporting goods, vehicles, jewelry, or family heirlooms to family members or friends Make a gift to your favorite charity Creating a will and getting started with your estate plan is one of the most thoughtful things you can do for your loved ones. If you're considering taking that first step towards protecting your family, contacting one of our experienced estate planning attorneys is a great place to start.
- Terms & Conditions | Fiffik Law Group, PC
Standard Client Service Agreement Terms & Conditions Flat Fee Engagements We are pleased that you have engaged our law firm to serve as your legal counsel. For the sake of clarity, we have agreed to represent only those persons whose name(s) appear in the electronic invoice sent to you. We have not agreed to represent any other individual or entity in this matter. Furthermore, there are no intended third-party beneficiaries to the relationship between our law firm and you. Our representation is limited to the matter described in the electronic invoice sent to you. To the extent that you wish to engage our firm to represent you regarding other matters, you will be asked to sign a separate engagement agreement describing the scope of that representation prior to our initiation of services. It is our policy to confirm in writing the nature of the engagement and the terms of our legal representation. If you do not understand all of the terms or language in this engagement agreement, please contact us prior to paying the invoice. The scope of our representation does not include advice or services regarding accounting, tax, personal financial matters or business management, and related non-legal matters and advice. If you wish for us to consult with other professionals retained by you regarding this matter, we will communicate with you in writing to confirm the scope of such consultations prior to initiating same. If applicable, billing statements normally will be rendered monthly for work performed and expenses recorded on our books during the previous month. Payment is due promptly upon receipt of our statement. if any statement remains unpaid for more than 30 days, we may suspend performing services until arrangements satisfactory to us have been made for payment of outstanding statements and the payment of future fees and expenses, and if such arrangements are not made, subject to applicable rules of professional conduct governing attorneys, we may terminate the engagement and withdraw from further representation. All invoices not contested in writing within fifteen (15) business days of receipt are deemed accepted by you as true and accurate and are payable in full. Interest will be charged on all accounts not paid when due at a rate of 1.5% per month. In the event you fail to pay all amounts which become due, and we refer such matter to an attorney or collection agency, you agree to pay, in addition to the amounts due, any and all costs we incur as a result of such action, including reasonable attorneys fees. We may use electronic mail (e-mail) to facilitate our communications with you, unless you direct us to do otherwise. However, please keep in mind that the security of e-mail cannot be guaranteed. It is especially important to keep this in mind when sending sensitive information. As with all of our client communications, we will take all reasonable steps to maintain confidentiality when communicating to you by e-mail. You are aware that the firm represents many other companies and individuals. You agree that we may continue to represent or may undertake in the future to represent existing or new clients in any matter that is not substantially related to our work for you, even if the interests of such clients in those other matters may be directly or indirectly adverse to you. We agree, however, that your prospective consent to conflicting representation contained in the preceding sentence shall not apply in any instance where, as a result of our representation of you, we have obtained proprietary or other confidential information of a non-public nature, that, if known to such other client, could be used in any such other matter by such client to your material disadvantage. You should know that, in similar engagement letters with many of our other clients, we have asked for similar agreements to preserve our ability to represent you. Unless previously terminated, our representation of you will terminate upon the conclusion of the matter described in your electronic invoice. We may, but are not obligated to provide you with written notice to you that the engagement has concluded. At the conclusion of your matter, we will retain your physical file for not less than five (5) years, consistent with the requirements of Pennsylvania Rule of Professional Conduct 1.15(c). This includes all financial records relating to the representation, trust-account records, ledgers, billing records, and any documents reflecting client property. We may convert some or all file materials into a digital format for storage. In the process of digitizing documents, any original paper documents you provided will be returned to you. Copies of documents you provided will not be returned unless you request them in writing. After digitization, we may destroy paper copies of documents in the file, except for originals that must be returned to you or property we are ethically required to preserve. At the expiration of the file-retention period, we may destroy the remaining physical file materials unless you notify us in writing that you wish to take possession of them before destruction. This policy applies equally to any file materials stored with a third-party vendor. We reserve the right to charge reasonable administrative fees and costs associated with researching, retrieving, copying, and delivering any requested file materials.
- Bankruptcy | Fiffik Law Group, PC
The bankruptcy attorneys at Fiffik Law Group, PC have helped thousands of clients take back their lives. Lowering mortgage payments or tackling your toughest debts, our experienced bankruptcy attorneys can help you. Bankruptcy Bankruptcy can be a complex process, and the average person probably isn’t equipped to go through it alone. Working with a bankruptcy attorney can help ensure your bankruptcy goes as smoothly as possible and complies with all the applicable rules and regulations governing bankruptcy proceedings. Most people filing bankruptcy will want to file under either Chapter 7 or Chapter 13. Either type of case may be filed individually or by a married couple filing jointly. Chapter 7: is known as “straight” bankruptcy or “liquidation”. It requires an individual to give up property that is not otherwise ”exempt” under the law, so the property can be sold to pay creditors. Generally, those who file Chapter 7 keep all their property except property that is very valuable or that is subject to a lien they cannot avoid or afford to pay. Chapter 13: is a type of “reorganization” used by individuals to pay all or a portion of their debts over a period of 3-5 years using their current income. Our attorneys have successfully handled many Chapter 7 and 13 bankruptcies across Pennsylvania. Our attorneys are ready to evaluate your situation and help you decide whether bankruptcy is the right decision for you. DOWNLOAD BANKRUPTCY QUESTIONNAIRE Send us your completed form and one of our experienced bankruptcy attorneys will reach out to you soon. Chapter7 Bankruptcy Chapter 7 Bankruptcy Chapter 7 is often called a “straight bankruptcy.” You ask the court to discharge your debts in exchange for giving up your property except for “exempt” property which the law allows you to keep. In most cases, all your property will be exempt and not be affected by your bankruptcy case. You can protect the equity in your home, some cash in checking or savings accounts, a motor vehicle, retirement accounts, jewelry, and many household belongings. Property that is not exempt is sold, with the money distributed to your creditors. If you want to keep property that you cannot exempt, like a home with significant equity or a car and you are behind on the mortgage or car loan payments, a Chapter 7 case may not be the right choice for you. That is because Chapter 7 bankruptcy does not eliminate the right of mortgage holders or car loan creditors to take your property to cover your debt. Additionally, if your income is above a certain level defined by law, you may be required to file a Chapter 13 case. Married couples can file together but are not required to do so. If filing as a couple you double your ability to protect your assets. About sixty percent (60%) of all bankruptcy cases that are filed are Chapter 7 cases. Chapter 13 Bankruptcy A Chapter 13 bankruptcy is like a reorganization of your financial life. In a Chapter 13 case, you file a “plan” showing how you will pay off some portion of your past-due and current debts over three to five years. The most important thing about a chapter 13 case is that it allows you to keep valuable property – especially your home and car – if you can make the payments set forth in your plan. In most cases, these payments will be at least as much as your regular monthly payments on your mortgage or car loan, with some extra payment to get caught up on the amount you have fallen behind. You should consider filing a chapter 13 plan if you: 1) own your home and are in danger of losing it because you’ve fallen behind on mortgage payments; 2) are behind on car payments, but can catch up if given some time; or 3) have valuable property that does not qualify for an exemption under bankruptcy law, but you can afford to pay creditors from your income over time. Chapter13 Bankruptcy Can Bankruptcy Help with Student Loans in Pennsylvania? It's Complicated, But Here's What You Need to Know Fiffik Law Group, PC Jun 23 3 min read Defaulted Student Loans Looming? Pennsylvania Borrowers, Here's Your Game Plan Fiffik Law Group, PC Apr 23 4 min read Debunking the Top 5 Myths About Filing Bankruptcy in Pennsylvania Fiffik Law Group, PC Feb 17 4 min read Beneficial Ownership Information Reporting: Here We Go Again? Fiffik Law Group, PC Dec 27, 2024 2 min read Top 5 Reasons to File for Bankruptcy in Pennsylvania Fiffik Law Group, PC Dec 10, 2024 3 min read
- Business Subscription Legal Services | Fiffik Law Group, PC
Planning for the succession of a business is one of the most overlooked aspects of business planning. Your business needs a plan for every situation you could encounter in your future. Business Subscription Legal Plans Our subscription plans are designed for entrepreneurs from start-up to millions in annual revenue who are ready to add strategic, guided legal support focused on brand and business development. If one of these applies to you, please consider one of our plans: You think the only time you need a lawyer is for a lawsuit. If you avoid working with a lawyer until you’re in a lawsuit, that’s like solving all your medical problems in the emergency room. The fear of high billable rates gets in the way of getting the advice you need. You don’t know who to call about a particular issue. You don’t have enough time to figure out who to call for a legal issue. You’d like your employees to be able to call an attorney and not bother you with every legal issue. You get all your legal advice from Google or free online forms. (You get what you pay for). Our clients operate a diverse range of ventures including commercial & residential real estate investors, restaurants, entertainment venues, medical practices, medical service providers, dental practices, independent consultants, accounting practices, retail stores, construction firms, trucking companies, crane operators, childcare providers and many franchises. Each subscription plan offers unlimited legal advice, business coaching and strategy, document review, and other benefits for a monthly, predictable investment to support the growth of your brand and business. We can also customize a plan to fit your specific needs. Its time to make better, more informed decisions for your business. SCHEDULE YOUR CONSULTATION Start-Up/Early Stage Business Advisor $500/Month 1 Business Entity Single Member; Owned by Spouses Located in PA No Employees LEARN MORE Real Estate Business Advisor $1,000/Month 1 Business Entity Single Member; Owned by Spouses Located in PA No Employees LEARN MORE Growth Stage Business Advisor $1,250/Month Up to 3 Business Entities Multiple Owners Located in PA Up to 10 Employees LEARN MORE Mature Stage Business Advisor Up to 5 Business Entities Multiple Owners Located in PA Up to 50 Employees $2,500/Month LEARN MORE All Plans Include: ✔ Unlimited Calls ✔ Review Business Legal Documents ✔ Letters on Behalf of Business ✔ Business Formations ✔ Employment/HR Advice ✔ 10% Discount on Additional Services Terms & Conditions
- DUI Defense | Fiffik Law Group, PC
Pennsylvania DUI attorneys at Fiffik Law Group, PC have been eliminating or reducing charges for clients facing DUI charges for the past 30+ years with a high success rate. Our Pennsylvania DUI attorneys are ready to fight for you. DUI Defense Being arrested for drunk driving is an unexpected and often traumatic experience. Individuals charged with or convicted of impaired and intoxicated are often stigmatized and portrayed as irresponsible, dangerous criminals; however, the truth is that the people faced with these charges are often everyday, law-abiding citizens who simply made a mistake. There are more arrests in Pennsylvania for Driving Under the Influence (DUI) than any other single category of crimes, with Pennsylvania among the top 15 states for DUI arrest rate. Many DUI charges are defensible, based on the evidence surrounding your charges and any missteps that may have been made by law enforcement along the way. Let our experienced DUI defense lawyers build a defense and ensure you know what to expect at each step of the legal process. Consequences of DUI FIRST DUI OFFENSE PENALTIES The severity of a First Offense DUI conviction depends on your Blood Alcohol Concentration (BAC) level, controlled substances in your system, or your decision to refuse blood or breath testing. The higher your BAC, the higher the penalties. Drugs in your system or a refusal to submit to breath or blood testing place you in the highest tier. Under Pennsylvania law, there are 3 tiers of punishment depending upon your BAC level: BAC between .08 and .099%: Six months probation, no license suspension, no mandatory jail time, no ignition interlock device, a fine of $300, CRN evaluation (drug & alcohol assessment), treatment when ordered by the court, and alcohol highway safety school BAC between .10 and .159%: Prison sentence of between two days and six months, license suspension for 12 months (eligibility to apply for occupational limited license (OLL) after 60 days), fines between $500 and $5,000, CRN evaluation, treatment when ordered by the court, and alcohol highway safety school, no ignition interlock device required BAC of .16% or higher, controlled substance, or refusal to submit to testing: Prison sentence of a minimum of three days to a maximum of six months, license suspension for 12 months (eligibility to apply for an OLL after 60 days), fines between $1,000 and $5,000, treatment when ordered by the court, and alcohol highway safety school, no ignition interlock device required DUI DRIVER'S LICENSE SUSPENSION Aside from the penalties above for a first DUI offense, second and third offenses will result in your license being suspended for one year. This is the most damaging and destructive outcome of receiving a DUI. Losing the ability to drive can have a massive ripple effect on other areas of your life. Most importantly, losing your license can cause you to lose your job. Not being able to drive means it will be very difficult to report to work on time every day. Not being able to report to work often leads to termination. Even if you find another job, it will be just as difficult to get to and from a new job without a license. You might end up unemployed until you get your license reinstated. Some people are lucky enough to get help from friends or family, but it is still nearly impossible to fulfill your obligations without your own means of transportation. And, if you refuse to give breath or blood, you may receive an additional one year drivers license suspension from PennDOT. SECOND DUI OFFENSE PENALTIES Drivers convicted of a second DUI within ten years of a prior DUI face serious criminal and financial consequences. Not only will you face a mandatory term of incarceration, but you are likely to face additional penalties as well. The higher the BAC, the more severe your penalties are likely to be. For example, the amount in fines that you will be ordered to pay if convicted of DUI will vary depending on your BAC level: BAC between .08 and .09%: Minimum of 5 days and maximum of 6 months in jail, $300 to $2,500 in fines, license suspended for 12 months BAC .10 and .159%: Minimum of 30 days and maximum of 6 months in jail, $750 to $5,000 in fines, license suspended for 12 months BAC .16% and above: Minimum of 90 days and maximum of 5 years in jail, $1,500 to $10,000 in fines, license suspended for 18 months Any BAC: Ignition interlock device installed for 1 year, up to 150 hours of community service, alcohol highway safety school, alcohol & drug treatment THIRD DUI OFFENSE PENALTIES If you have been convicted of two prior DUI's in the past 10 years, the next offense could involve a serious conviction. Depending on your BAC level at the time of arrest, you may face consequences that include: BAC between .08 and .09%: 2nd-degree misdemeanor charges, minimum of 10 days and maximum of 2 years in prison, 12-month license suspension, $500 to $5,000 in fines BAC between .10 and .159%: 1st-degree misdemeanor charges, minimum of 1 year and maximum of 5 years in prison, 18-month license suspension, $1,500 to $10,000 in fines BAC .16% and above: 1st-degree misdemeanor charges and penalties similar to above Any BAC: Drug & alcohol treatment, alcohol highway safety school, ignition interlock device installed for at least 1 year Underage DUI A DUI UNDER THE AGE OF 21 LANDS YOU IN THE "HIGH BAC" RATE IN PENNSYLVANIA In Pennsylvania, minors are not allowed to consume any amount of alcohol and drive. Underage driving under the influence of alcohol carries very harsh penalties. Not only are the legal penalties increased, but the effects on car insurance and future employment are also severe. And driver under the age of 21 who is arrested for DUI in the Commonwealth of Pennsylvania is automatically charged under the state's "high" BAC rate. That means that even if it is the first offense, even if the amount of alcohol is minimal, the punishment is going to be severe. The minimum penalties for high-level impairment include at least two days in prison with a maximum sentence of 6 months behind bars if convicted. There's a minimum fine of $500 and as much as $5,000, as well as a license suspension of 12 months. Required alcohol driving safety classes could also be required. LONG-TERM CONSEQUENCES OF UNDERAGE DUI The long-term consequences of an underage DUI are significant. The cost of auto insurance will increase. On average in 2017, an underage DUI raised car insurance rates by 77%. The financial impact of the violation can linger for three to five years in most states. Depending on the driving history, auto insurance could be denied completely. The impact of the DUI conviction won't be limited to auto insurance - a DUI conviction automatically becomes part of the permanent criminal record. This means that employers, colleges, universities, banks, friends, and even strangers will all be able to see a DUI conviction with a simple background check. If your child has been arrested for underage DUI, it is important to take legal action as soon as possible. Our experienced underage DUI attorneys can help your child fight the charges and reduce the long term consequences of these charges. Chemical Testing - Blood and Breath Tests The police must conduct a breath test within two hours of the initial arrest or the results of the test may be deemed inadmissible in court. An officer will read you the Implied Consent Law, which states that all drivers agree to submit to a breath or blood test if suspected of DUI. However, a suspect still has the right to refuse any chemical testing. Whether you agree to be tested or refuse, the police are almost assuredly going to follow through with the arrest for DUI. If there is a refusal, however, the police will view that as an admission of guilt as an unwillingness to be tested comes across as acceptance of failing the test. Breath refusal still carries its own penalties, including: First Offense: 1-year drivers' license suspension Second Offense: 18-month license suspension Third Offense: 18-month license suspension While those breath refusal penalties are in addition to other DUI penalties, there may be reasons why a test could not be conducted or a breath sample couldn't be validated. The District Attorney is tasked with proving a refusal, so refusal cases are worth fighting because they're defensible cases. Police generally only request blood tests if there is suspicion of drug use based on the smell of marijuana or recovery of narcotics from the vehicle. Despite the inference that police and prosecution will try to draw a verdict from a refusal, many choose to refuse for other reasons that can be explained at trial. All drivers should be aware, however, that their driving privileges will likely be suspended for at least one year for a refusal regardless of the outcome of the criminal matter. Field Sobriety Tests The Standardized Field Sobriety Test (SFST) is a battery of three tests performed during a traffic stop in order to determine if a driver is impaired and if probable cause for an arrest is present. According to researchers, officers trained to conduct SFST's correctly identified alcohol-impaired drivers over 90% of the time using the results of SFST's. The three tests that make up the SFST are the horizontal gaze nystagmus (HGN), the walk-and-turn, and the one-leg stand tests. The HGN test is performed to observe whether the driver's eyes involuntarily jerk as a stimulus is moved side to side. Both the walk-and-turn and one-leg stand tests are "divided attention" tests that are easily performed by most sober drivers. They require a subject to listen and follow instructions while performing simple physical movements. Impaired persons have difficulty with tasks requiring their attention to be divided between simple mental and physical tasks. There are many factors that might render a person unable to successfully complete one or more of the SFST's. For instance, regarding the HGN test, the person asked to consent to such a test might suffering from an eye disease or condition that affects his/her ability to see and consequently confound the tests and results. Age, injury, or disease could also affect the ability of a person to perform the one-leg stand test or the walk-and-turn test. As a general rule, an officer should ask the DUI suspect whether they can give any reason why they cannot perform the test and their answer should be carefully noted in the officer's report. Other disabilities, such as deafness, should be taken into consideration and noted as well. ADMISSABILITY OF STANDARDIZED FIELD SOBRIETY TESTS Developed in the 1970s, these tests are scientifically validated, and are admissible as evidence in court in a majority of states. In the case of Commonwealth v. Weaver, the Pennsylvania Superior Court issued a precedential opinion that the results of HGN testing are admissible at any hearings related to a court's consideration of probable cause, but the results are still not admissible at an actual trial. In Pennsylvania's DUI cases, criminal defense lawyers sometimes file pretrial motions seeking the suppression of blood-alcohol evidence and argue that the arresting officer did not have probable cause to arrest the person. The court's decision means that an officer will be permitted to testify about HGN results before a judge considering the pretrial motion, but the officer could not present the same testimony to a jury at a trial. Aside from sobriety tests, officers are also permitted to use portable or preliminary breath tests (PBTs) in DUI investigations. While the officer obtained an alcohol concentration level reading on the breath test device, the actual reading on the device is not admissible at a trial. The results of a PBT test are not sufficiently reliable to show the amount of alcohol consumed. Instead, officers are only permitted to testify to the facts surrounding the administration of the test. However, sometimes the PBT test might help the defense. The results of the test could be used as exculpatory evidence concerning whether the officer has probable cause to make an arrest for DUI. DUI Impact on Auto Insurance Your rates could jump - or they could skyrocket. Companies estimate that your post-DUI rates could increase by anywhere between 40% - 60%, or even more. Auto insurance is seriously impacted by driving records. A DUI on a driving record causes auto insurers to view the driver as high-risk, and charge accordingly. Your car insurance company might drop you completely. Though they can't legally cancel your policy as soon as they know about the incident, they can decide not to renew your coverage once your current policy expires. You might be paying more for years to come. It varies state-by-state, but expect to shell out an increased premium for at least three years. You'll probably have to file an SR-22, FR-44, or FR-19. After a DUI, your state might require you to file one of these forms in order to prove that you're insured before they let you back on the road. SR-22's are also referred to as "statements of financial responsibility", and they're usually filed by your insurance company or agency on your behalf. You may not have to file an SR-22; again, that depends on incidental factors around the accident. Driving After a DUI Conviction DRIVING AFTER DUI CONVICTION: CAN YOU GET A WORK PERMIT? If you plead or are otherwise found guilty of DUI in Pennsylvania, your driving privileges will be suspended. For a first offense DUI, the license will be suspended for one year. Subsequent DUI convictions have more severe penalties. It is possible to get a restricted drivers license to drive to work or school, but it depends on whether your DUI was also associated with a refusal to submit to a field sobriety test. CONSEQUENCES OF REFUSING A BREATHALIZER TEST When you get pulled over in Pennsylvania on suspicion of DUI, the police officer might ask you to take a breathalyzer test. When you become a licensed driver in Pennsylvania, the fine print on your application states that by signing your name, you imply you are giving consent to take a breathalyzer test whenever a law enforcement officer requests it. By refusing this test, you are breaking the law, even if you have not been drinking. When you blow into this handheld device, it gives a reading of your blood alcohol concentration (BAC). The legal limit is 0.08 percent. Depending upon the jurisdiction, the officer might not ask you to take a breathalyzer test. Different police departments have different protocols for DUI stops. In some places, the officer might first subject you to a field sobriety test, which involves agility drills to help determine your level of intoxication. Only if you fail these tests can the officer ask you to take a breathalyzer. No matter which tests you are asked to take, refusal to do so may constitute a violation of the implied consent law and result in license suspension. OCCUPATIONAL LIMITED LICENSES An occupational limited license (OLL) authorizes you to drive a designated motor vehicle, under certain conditions, when it is necessary for the driver’s occupation, work, trade, medical treatment, or study. An OLL is often referred to as a work permit or bread and butter license. Unfortunately, if someone does get a breathalyzer refusal and his license is suspended for a 12-month period, there is no chance to get an occupational limited license. In fact, you’ll serve a license suspension in addition to the one assessed for the DUI conviction. Penalties for breathalyzer test refusals are harsher than those for DUI is many ways. For DUI, after a 60 day period into the DUI-related license suspension, that person would be eligible for an occupational limited license. The OLL, once granted, applies to the final 10 months. Depending on your violations you may have to obtain an Ignition Interlock (II) Occupational Limited License (OLL). So for the first 60 days, you cannot drive and your license is truly suspended. But for the final 10 months of a DUI-related suspension, you would be eligible for an occupational limited license. To Apply for an OLL: 1. You must complete Form DL-15 (PDF) Occupational Limited License Petition. Follow the instructions on the petition. 2. Send it, along with the appropriate fee, to the address listed on the form. Be sure to keep the DL-15A (PDF) portion with your OLL once received. 3. PennDOT will evaluate the petition and determine your eligibility by reviewing the violations on your driving record. 4. If you do not qualify for an OLL, you will be sent a letter denying your application. 5. If you qualify for an OLL, you will be sent an OLL camera card, which you will need to take to the nearest Photo License Center to have your photo taken and receive your OLL.
- Workers Compensation | Fiffik Law Group, PC
If you've been hurt on the job in the Pennsylvania area, you need a workers' compensation lawyer to help you protect your rights. Our team of experienced Personal Injury attorneys is ready to help you pursue maximum workers' compensation. Workers Compensation We advise and represent injured workers all over the State of Pennsylvania and help them get the benefits they deserve. Getting injured on the job can be one of the most stressful experiences you can go through. Injured workers often find themselves quickly overwhelmed by not knowing what to do, confusing paperwork and not knowing how to handle phone calls from the employer and their insurance company. Employers and their insurance companies are less interested in your physical health and their fiscal health. As a result, they are going to try and steer you to cheap medical care that they control and try to reduce the chances of you receiving the workers comp benefits to which you may be entitled. Almost every worker in Pennsylvania is covered by the Workers’ Compensation Act. This law provides injured workers with a range of benefits, including wage loss and payment of medical bills for treating work injuries. That means that if you’ve been hurt on the job, you could very well be eligible for benefits. Injuries We've Handled Fiffik Law Group Attorneys have handled cases involving a wide range of injuries including: Back strain, bulging, and herniated discs Broken bones Loss of limbs Concussions and closed head injuries Injuries resulting from work-related motor vehicle accidents Carpal tunnel and other repetitive trauma injuries Lacerations and other injuries to the face and neck resulting in scarring Exposure to industrial chemicals Injuries resulting in death Workers' Comp Can Pay for Medical Cannabis Fiffik Law Group, PC Mar 21, 2023 1 min read $85,000 Recovered for Sign Installer Injured at Work Fiffik Law Group, PC Feb 28, 2022 2 min read OSHA VACCINE MANDATE: What Does That Mean For You? Fiffik Law Group, PC Nov 5, 2021 3 min read Work-Related Injuries up 9.5% in 2017 Fiffik Law Group, PC May 8, 2018 2 min read Pittsburgh Business Owner Receives $140,000 Workers Compensation Settlement Fiffik Law Group, PC May 31, 2016 1 min read
- Kevin Keyho | Fiffik Law Group, PC
Kevin Keyho Associate Attorney Attorney Kevin Keyho has a general law practice in the areas of criminal defense, family law and traffic cases. Prior to entering private practice, he spent nine years as a Special Agent for the U.S. Department of Defense. Attorney Keyho also spent three years as Assistant Counsel for the Pennsylvania Office of Inspector General. He has also taught as an Adjunct Clinical Professor of Legal Education at Duquesne University School of Law. Most recently he was an Institutional Trust Officer for a major bank. Attorney Keyho has been interviewed by television network news affiliates and the print media in and around the Pittsburgh area. He has appeared on “Good Morning America” and “Fox Wire with Rita Cosby.” Attorney Kevin Keyho attended the University of Pittsburgh where he received a Bachelor of Arts degree as well as a Masters of Public and International Affairs specializing in International Security Studies. He received his Juris Doctor from Duquesne University School of Law. BAR ADMISSIONS & EDUCATION Commonwealth of Pennsylvania PA Federal District Court, Western District United States Court of Appeals for the Third Circuit United States Supreme Court JD, Duquesne Univsersity School of Law MA, BA, University of Pittsburgh AREAS OF PRACTICE Criminal Defense, Family Law, Traffic
- Caregivers | Fiffik Law Group, PC
Guardianship for Elderly Parents Caregivers We often hear people say “I promised her I’d never put her in a nursing home.” or “Dad told me he never wanted to live in one of those places.” For a variety of reasons, caregivers may choose to care for their older adult at home. And as long as the situation is safe for everyone involved, keeping aging parents at home is a wonderful thing to do. But it’s important to remember that senior care is one of the toughest and most stressful jobs you’ll ever have. With the proper support, planning, and patience, providing care for your parents in their golden years can be a less stressful and a more rewarding experience. If the person you are caring for is unable to make rational, clear-headed decisions about their health care, finances, or other aspects of life, seeking legal guardianship may be necessary to ensure their safety and quality of life. Guardianship is an option in cases where an older adult has not appointed a power of attorney for health care or finances and is incapacitated due to advancing age, illness or disability. Even if an individual has named a power of attorney (POA), guardianship may still be necessary if their POA is not durable, meaning it ends upon their incapacitation. We most commonly see family caregivers seeking guardianship for adults with dementia who did not make proper legal preparations for the future. To act as someone’s legal guardian or conservator, the individual petitioning for guardianship must go to court to have the person they are caring for declared incompetent based on expert findings. If they are ruled incompetent and the petitioner is a suitable caregiver, then the court transfers the responsibility for managing finances, living arrangements, medical decisions, or any combination of these tasks to the petitioner. This process often takes a good deal of experience to navigate smoothly. If family members disagree about the need for guardianship or who should act as a guardian, the process can be especially painful, prolonged, and costly. That's why an elder law attorney is often required in these situations. Reach out below to find out more.
- Elder Law & Guardianship | Fiffik Law Group, PC
As your Pittsburgh elder law attorney, we can help you with Medicaid planning, estate planning, wills and trusts, and many other legal matters involving older or disabled persons. Elder Law and Guardianship Our compassionate, caring and experienced attorneys help seniors and their family members navigate the difficult and complex journey of planning for their future. Our services protect you with the preparation of wills, powers of attorney, and medical documents. Our elder law attorney team focuses on assisting seniors and others with special needs – and their respective families – with asset protection and care planning. We also focus on many of the other complicated legal issues faced by seniors and those with disabilities. Nursing Home Decisions Learn More Cost of Nursing Home Care Learn More Nursing Home Neglect Learn More Caregivers Learn More Experience and Confidence Over the years, our Elder Law & Guardianship attorneys have successfully helped our clients navigate the world of eldercare and the planning required to be comfortable with late-life living situations. Planning for this stage of life is the most commonly overlooked and procrastinated aspect of estate planning, or life-planning in general, that we see. People often think they have all the time in the world to plan for these situations, but they sneak up on you quicker than you'd think. These are some aspects of eldercare we think you should consider: Caregivers: More than ever before, caregiving is becoming a significant part of everyday life for millions of families throughout the United States. As our population ages, more families are providing care for older adults at home, and an increasing number of people will require such care in the future. Nursing Home Decisions: Often, an aging parent or family member with a disability requires an intensive level of care and around-the-clock supervision, something that a caregiver is realistically unable to provide singlehandedly. That's when it might be time to start considering nursing homes or other alternative living situations that can help provide care. Medical Planning: Do you know what type of health care you would want if you became too sick to tell the doctor yourself? It's something most people don't want to think about but becomes a necessary planning step in your late-life estate plan once you reach that stage in your life. It's important to plan ahead for those situations because you definitely don't want to stumble into a medical situation underprepared. Medical Assistance Planning: As you research senior living options, you’ll discover not only are there different types of communities , but there are different types of financial and admission agreements as well. Understanding the complexities of financial planning for this stage of life will help you make an informed decision and create a smarter plan for the future. Late-Life Estate Planning: Failing to leave a plan for an estate means leaving loved ones unprepared for the decisions they will have to make, as well as the possibility of state and local laws creating obstacles in intended inheritance. Find out below how our elder law & guardianship attorneys can help you or your loved one navigate through this stage in life and make some very important decisions. Protecting Your Home from Nursing Home Costs Long-term care is expensive. As of 2022, the average cost of nursing homecare in Pennsylvania is over $12,000 per month. Health insurance and Medicare generally don’t cover long-term care. As a result, many become concerned over how they’ll pay for nursing care in the event they need it. Will they be forced to spend all their life savings and even sell their home to pay for care? Medical assistance is available to pay for nursing care. More than seven in ten nursing home residents in Pennsylvania utilize Medicaid assistance to cover the cost of care. Unlike other forms of Medicaid assistance, recipients of Medicaid for long-term care in nursing homes must pay back the amount they receive. The State can even recover from the assets of the recipient’s estate after death. This is especially concerning for individuals hoping to leave their home to their loved ones. Although owning a home (if it’s the applicant’s primary residence) generally won’t affect eligibility to receive Medicaid, the State can recover its costs by placing a lien on the home. A common strategy to avoid a lien is to transfer title to the home to the applicant’s children before applying for assistance. While this strategy may sound simple, it comes with significant risks. The timing and means of the transfer require careful planning. If you want to protect your home from nursing home liens, we recommend using a Life Estate Deed or House Trust. Download our free guide to learn more about how to protect your home and retain many of your home ownership rights for as long as you desire.
- Succession & Dissolution | Fiffik Law Group, PC
Planning for the succession of a business is one of the most overlooked aspects of business planning. Your business needs a plan for every situation you could encounter in your future. Succession Planning and Dissolution Every successful business owner has to deal with the subject of succession planning sooner or later. Who will take the reins when you leave? In business succession planning, time is either your ally or your enemy. You can spend time planning for succession during your active business lifetime, or postpone planning and wait until the more chaotic, uncertain, and expensive succession planning that typically occurs after a life-changing event or post-mortem when the choice is no longer yours. Think that succession planning is just a matter of selling your business? Think again. Finding a willing and able buyer for any business is rarely just a matter of hanging up a "for sale" sign. Our attorneys have worked with a wide range of businesses, including family-owned enterprises, to plan for succession or sale. We can help you strategically position your business to maximize its value and ensure a smooth transition during ownership changes. Local businesses sold to national retailers Joint ventures and real estate acquisitions for commercial properties Sales involving co-branding arrangements Business sales with complex contracts and real estate Purchases of bars and restaurants Transactions involving national franchises Partner buy-outs and subsequent business sales Business and real estate sales following litigation settlements
- Rebecca A. Kuna | Fiffik Law Group, PC
Rebecca A. Kuna Associate Attorney Rebecca was admitted to practice law in Pennsylvania in 2000 after graduating from Duquesne University School of Law. She joined Fiffik Law Group in 2020 after practicing law representing the interests of individuals and businesses in private law firms and as associate general counsel to a major Pittsburgh corporation with sales in excess of $500 million annually and more than 250 employees. She also operated her own legal practice in Imperial, PA for 5 years before joining Fiffik Law Group. Rebecca provides legal counsel for her clients in matters involving Social Security Disability, Consumer Bankruptcy, Civil Litigation, Consumer Finance, and Collection. While Rebecca has dedicated many years to the legal field, outside of the industry, she enjoys spending time with her family including three children and three dogs. BAR ADMISSIONS & EDUCATION Pennsylvania Bar, 2000 Western District of Pennsylvania, 2000 Washington & Jefferson College, B.S. Duquesne University School of Law, J.D. AREAS OF PRACTICE Social Security Disability, Consumer Bankruptcy, Civil Litigation, Consumer Finance, Collection
