When it Comes to Applying for Disability Benefits, Get it Right the First Time

By GDWG / October 31, 2016

Did you know that the appeals process for claims for Social Security Benefits can take one to two years in some cases? In Delaware, you do not need to have an attorney to file for disability. However, up to 65% of initial claims are denied by the Social Security Administration and those claimants are often left out of work and still fighting for their benefits. If a claim is rejected, an applicant must then file a Request for Reconsideration and in most cases, a Request for Hearing Before an Administrative Law Judge. The entire appeals process can drag on and on leaving applicants and their families tremendously frustrated and feeling hopeless.

The toughest piece of all of this is that many of the claims that are denied as a result of applicants simply omitting information due to unfamiliarity with this process. The initial claim can be tedious and confusing when trying to figure out all of the paperwork on one’s own.

At Giordano, DelCollo, Werb & Gagne, we feel that it is best to consult with our clients during the initial application phase so that we can get all of the pertinent information on paper so that the Social Security Administration has as much information as possible as they make their determination. If you have any questions about this process, call to speak with one of our attorneys today.

 

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Delaware Continues with Healthy Forecasted Trend for Real Estate Market

By GDWG / September 25, 2016

Fall can be an odd time of the year for the real estate market, especially with regard to home sales. There is a belief that the real estate market comes to a grinding halt after Labor Day and this is simply not the case. In fact fall sees the second busiest season for real estate transactions, behind only the spring season which begins around mid-March. Yes, many with school age children like to have their moves wrapped up by the end of August but this does not mean that homes do not move this time of year. This effect does, however, lead to a but if a buyer’s market especially for those without kids which, in seasons of low availability for single family homes, can help drive the health of the market as a whole. What we are seeing in New Castle County is a steady healthy market for buyers and sellers as our county currently has a very strong economy and tremendous credit rating. In fact, it was recently noted that of 3,007 U.S. counties, New Castle County continues to be one of only 39, fewer than 2 percent, to receive a Triple A rating from all three major credit rating agencies (Standard & Poor’s, Moody’s and Fitch Ratings).

In Delaware, we see a specific uptick this time of year for vacation homes sold downstate. Fall is a great time of year to buy or sell a vacation home. Sellers get to close out the high season and get revenue from last minute summer rentals, while still having time to prep the home for sale. Buyers have an opportunity to purchase a vacation home with plenty of time in the off season to make changes before spring and summer arrive.

Whether you are buying or selling a home north or south of the canal, make sure you are choosing the right attorney to represent your interests before and at closing. If you have any questions about buying or selling a home in Delaware, call our offices today to learn more about meeting with one of our experienced real estate attorneys.

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How Does the Court Determine What is in the Best Interest of the Child?

By unifeyed / August 31, 2016

In cases of child custody regardless of whether or not there is a disagreement between parental parties, the Court is going to evaluate what is in the best interest of the child as it relates to living arrangements, schooling and relationships. So what does the Court take into account when determining the question of custody of children? Actually, the answer is defined fairly clearly by Title 13 of the Delaware Code.

The court is going to look at a number of factors including but not limited to the wishes of the child. Who does he or she prefer to live with? Is there a reason that the child does not want to live with one parent or another? The Court will also assess the wishes of the parents. If the parents have already agreed on arrangements, as is often the case, the Court will likely adopt such arrangements into the decision, except in cases where there is a history of abuse. If it proven that there is a history of abuse of the child or one of the parents by the other parental party, the the responsibility of the Court is to take this into consideration in order to ensure the safety of the child. In cases such as these, often the rights of a parent will be very limited when it comes to visitation let alone custody. Other factors may include the criminal history of a parent, the physical and mental health of a child as it relates to relocating to a new community and much more.

What is consistent is that the Court is tasked with evaluating all of the factors that influence what is in the best interest of a child as it pertains to his or her living situation, schooling and relationships with family and social group. If you have any questions about child custody, it is important that you speak with a lawyer who understands custody laws in Delaware Courts. To learn more, call our offices today!

 

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Changes in DE Law a Sign of the Times

By unifeyed / July 28, 2016

This past week, Governor Markell signed a bill modifying the requirements for mandatory minimums, thus freeing up judges to use their own discretion specifically regarding crimes of a non-violent nature. Previously, several drug felonies were lumped in as violent felonies. Those felons with multiple convictions could easily find themselves on the wrong side of a “three strikes” sentence and a judge would have no opportunity to rule for anything other than a life sentence. The passage of Senate Bill 163 eliminates these drug felonies from being deemed “violent felonies” and puts some freedom in the hands of judges to make exceptions when handing down sentences.

In a statement, Attorney General Matt Denn said that the aim of this legislation was to “address some irrational and disproportionate minimum mandatory jail sentences — such as one that provides the same minimum mandatory sentence for someone who burglarizes a house as for someone who commits murder.”

Finally, it should be noted that moving forward, those who were convicted and sentenced under old statutes have a right to petition for a modification of their sentence.

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GDWG Welcomes Jenna L. Stayton

By unifeyed / May 27, 2016

As many of you know, our firm has been growing in a number of ways these past few years and that trend continues with the addition of our newest associate, Jenna L. Stayton. Jenna is a Delaware native and comes to us (like so many amazing attorneys in our area) from Widener University Delaware Law School where she received her juris doctorate in 2012. Over the past few years, Jenna has spent time clerking for the Family Court of the State of Delaware under former a Chief Judge. Moving forward, she will focus her expertise in the areas of real estate, drafting residential leases, landlord tenant matters, all aspects of estate planning as well as various areas of civil law. We count ourselves as lucky to have her on our team as Jenna is a preferred attorney for a large number of local real estate agents in Delaware. We invite all of you to join us in welcoming Jenna to our firm.

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Talk to a Lawyer if You Have Questions About Social Security

By unifeyed / April 29, 2016

In Delaware, you do not need an attorney to file for Social Security Disability. It’s true. Claimants can file documents themselves. However, it is highly recommended that folks do not do this because roughly two thirds (about 65%) of those filing initial claims are denied. Claims can be denied for mistakes and omissions and wait times can be up to a year. The best way to ensure your claim has a good chance of being approved upon initial submission or even reconsideration or appeal is to have proper legal representation from an experienced SSI/SSDI attorney in the State of Delaware. If you suffered an injury that has kept you from working for over a year or suffer from a terminal illness, you may qualify for Social Security Disability benefits. Don’t take chances with your finances. Call our office today for a consultation with an experienced attorney today.

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GDWG Now Assisting Clients Seeking to File for Bankruptcy

By unifeyed / March 30, 2016

For those of you following the firm, you know that over the past year or two, we have been growing at an incredible pace. In addition to David C. Gagne and Achille C. Scache joining our team, we have added a number of support staff and even moved to our new law center in Pike Creek. We have also recently expanded our Bankruptcy Department here a the firm. For over two decades, partner Dean C. DelCollo has practiced bankruptcy law, but as our plate has been quite full with real estate and commercial law these past few years, it is not an area that we have ever felt the need to push. Our recent expansion of staff and inquiries from longtime clients have influenced us to establish a full time bankruptcy department here at GDWG. Mr. DelCollo will handle cases of Chapter 7 and Chapter 13 consumer bankruptcy for those clients seeking relief from creditors and looking to start a new path towards healthy financial stability.

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Grandparents Have Rights When it Comes to Custody and Visitation

By unifeyed / February 25, 2016

The break up of a family is tough for everyone. Sure, some folks have harder stories than others when it comes to divorce, separation and child custody issues, but it is never a walk in the park. One thing is for sure though, when kids are involved, everything becomes exponentially more complex. When parents split up, it is important that a child’s best interests become priority number one. This means that relationships must be maintained so long as those relationships are healthy for the child.

Grandparents often get the short end of the stick when it comes to seeing grandkids after a divorce. Often it is hard enough getting the parents of children to respect each others’ schedules, let alone the schedule of a third party, such as a grandparent. That said, grandparents have rights in Delaware in this regard and can petition the court to ensure those rights are respected. As long as there is a healthy relationship established with the child, grandparents can petition the court for visitation. Even if a parent or guardian is not responsive, the court can order visitation for grandparents. In cases where there is child neglect or some form of abuse affecting the well being of the child, grandparents can even sue for custody in the state of Delaware.

Know your rights! If you have questions and would like to meet with one of our family attorneys, contact our offices today.

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We’re Moving!

By GDWG / November 27, 2015

That’s right! Giordano, DelCollo, Werb & Gagne, LLC is proud to announce the opening of our new office at:

5315 Limestone Road
Wilmington, DE 19808

For those of you who know our existing offices, you will likely figure out that yes, we are moving across the street. we will still be in the same corporate center, but we will have our own space — and much more of it! This new office will allow us to continue to grow as we have been these past several years. This office will mean more privacy for meetings and more opportunity for staff interaction and cooperation. As of December 1st, we will have transitioned all staff and, with luck, all furniture, files, etc. We would like to thank all of you who assisted us and supported us in preparation of this move and look forward to another great year to come!

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GDWG is Expanding its Services!

By GDWG / October 30, 2015

This has been a wild and wonderful year at Giordano, DelCollo, Werb & Gagne, LLC. For one thing, our name changed as David Gagne, one of Delaware’s most experienced and trusted family law attorneys joined our firm as a partner. Soon after, we welcomed Achille “Ash” Scache to our ranks. Ash, too, has greatly contributed to the expansion of our family law division.

As our firms has grown over these last twelve months, so too has the demand from our clients to provide a number of the additional legal services that those seeking family and real estate law service may also seek. As such, Giordano, DelCollo, Werb & Gagne, LLC is proud to announce the the launch of our Bankruptcy and Social Security departments. With over 20 years experience in these fields, Dean C. DelCollo is proud to be at the helm of these departments on behalf of GDWG.

Should you have any questions regarding a Bankruptcy or Social Security issue, call 302-324-6855 today!

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