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Please use the links to the right to check out firm news and more information relating to these specific areas of law. Happy reading and please contact us if you have any questions that we can help answer.


KellyGram – When Disaster Strikes

 

Last Sunday, the Midlands received a terrible scare, power outages, property damage, and loss of homes when four tornadoes touched down in our home state. While South Carolina was spared loss of life, the storms were widespread across the southeast—38 tornadoes in all—and claimed 23 lives in Lee County, Alabama.

From my wife’s home in Florence, after having just celebrated our anniversary, I watched nervously as my friends and neighbors in the Midlands prepared for the possibility of yet another life-threatening natural disaster to strike. What I find as frightening as the tornadoes themselves is just how often people do not heed weather warnings, never expecting that they will be the ones to get hit. But you only have to think back to the floods of 2015, which devastated the eastern side of Columbia, to know that our town is not immune to environmental dangers—and many people don’t realize that a tornado alley spans the Carolinas. With forecasts predicting more severe weather across the southeast this weekend, it’s imperative that we all have a plan to get to safety if the alarms sound again.

In addition to seeing to your personal safety, I strongly encourage everyone to review your homeowners and renters insurance policies to make sure that your property has adequate coverage should another storm of this magnitude hit us. As part of our business at Mike Kelly Law Group is insurance litigation, we know that every natural disaster brings an avalanche of disputes with insurance companies. When people have lost everything, the last thing they need is to take on a battle over insurance coverage. We are here to fight on your behalf should you find yourself in that position, but the first line of defense is to know your policy and know your rights well before disaster strikes.

Stay safe, 

 

Mike Kelly

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KellyGram – Here for the People

 

Over the past 40+ years, I have genuinely loved my job, and representing three Myrtle Beach clients in Social Security hearings this week reminded me why my work is so fulfilling. The first hearing I attended was on behalf of a client who suffers from the residuals of a stroke. After a lifetime of making a productive living working in a school cafeteria, she can no longer see, speak, or reason adequately enough to perform gainful work. My heart has hurt for this client since the day we met, and fortunately, the Judge agreed and awarded her claim. Sadly, a monthly check and Medicaid will not restore this person’s faculties, but it will provide her with stability she needs to move forward in spite of her circumstances.

Later in the week, I represented a young man who worked for a South Carolina utility company at his Social Security hearing. With only a high school education, my client was doing very well in terms of salary and benefits until he suffered a life-changing head injury. Now, he experiences unpredictable and agonizing seizures and lives with his dad. My client’s father drives 51 miles each way to work, then comes home to care for his son; they sleep in the same room in case a seizure comes on in the night. This young man is not yet 40 years old, and his circumstances are devasting. The silver lining, however small, is that the Judge did the right thing and awarded my client benefits that will help him get the care he needs and stay afloat as he and his father adjust to their new lives.

Finally, I attended a disability hearing for a client who had a career as a mechanic before bipolar disorder and cervical disc disease rendered him unable to work. Initially, he turned to drugs to ease the pain brought on by his physical and mental ailments. He has since successfully undergone rehabilitative treatment and attends NA meetings six days a week; however, he continues to endure debilitating physical pain and mental anguish. Thankfully, the Judge found in favor of my client, and he will now receive much-needed income and, more importantly, access to healthcare.

There’s no real “happy ending” in a disability case, as Social Security benefits do not cure my clients’ ailments. But successfully appealing a benefits denial does change their lives for the better, and I am grateful to have found a career which allows me to help those most in need. I am truly honored to be here for the people of South Carolina.

Sincerely,

 

Mike Kelly

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KellyGram – In the Spotlight

 

Today I want to spotlight Trustus Theatre, which has long played an essential role not only in Columbia’s arts and culture scene, but also in the Kelly family. My son Patrick caught the theater bug when he was in middle school at Heathwood Hall, then went on to become a Trustus apprentice in high school. Being a single parent with a busy law practice and two teenage sons, I needed all the help I could get in raising my boys! There is a lot of truth to the adage “it takes a village,” and Trustus Theatre played a major role in Patrick’s upbringing—I have often told Jim and Kay Thigpen, Trustus’s co-founders, that they were like part-time parents to Patrick Michael Kelly! Today, Patrick and his wife, Martha Hearn Kelly, are Trustus staff members, and Trustus continues to excel through its unique brand and presentation of theatrical, musical, and comedy pieces to its patrons in the Midlands.

Recently, the South Carolina Theatre Association honored two Trustus staff members, Chad Henderson and Martha Hearn Kelly, with prestigious awards. Chad, the Artistic Director for Trustus Theatre, was the recipient of organization’s highest honor—the SCTA Founders Award—recognizing him as the individual who has made the most significant contribution to South Carolina theater over the past year. This is a tremendous and well-earned honor for Chad, whose leadership has been vastly influential on local theater.

Martha, my beloved daughter-in-law and Theatre Company Member and Education Coordinator, was awarded the Debora Smith Hoffman Outstanding Mentor Teacher Award for her exceptional and innovative work as a K-12 theater educator. In addition to her work at Trustus, where she coordinates inspiring workshops and opportunities for high school theater students, Martha is a teacher with the Ridge View High School Theatre Department (not to mention an adoring mother to my one and only grandchild, Helena!).

Thank you Chad and Martha—and Trustus Theatre—for your contributions to South Carolina theater, and a huge congratulations to you both for such well-deserved recognition!

 

Have a great weekend!

 

Mike Kelly

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KellyGram – President’s Day

 

Next Monday, February 18, 2019, marks an ever-important, but often overlooked, federal holiday: Washington’s Birthday. Over two centuries ago, in 1800, we began recognizing Washington’s Birthday, albeit unofficially, as a day of remembrance, and it was declared an official federal holiday in 1879. Washington’s Birthday is synonymous with our country’s foundation, its beloved Constitution, and its fundamental values. Yet, Washington’s Birthday is rarely celebrated with the same fanfare as Independence Day, Labor Day, or Memorial Day.

In large part, I believe that its meaning is lost among confusion about the holiday itself; for example, you might be asking why I’m referring to “Washington’s Birthday” instead of “President’s Day.” The answer is “it’s complicated,” but here’s the short version: President’s Day is not a federally recognized holiday. On a national level the day is, and always has been, called Washington’s Birthday. However, after the official day of observance changed from George Washington’s actual birthday—February 22nd—to the third Monday of February, the holiday began to fall between Washington’s birthday and Lincoln’s birthday. Consequently, some states opted to observe President’s Day in honor of both men, and others honor all presidents on this day. In South Carolina, we celebrate “George Washington’s Birthday/ President’s Day.”

But whether or not you are fond of Washington, Lincoln, or other presidents—past or current—is immaterial to the significance of this day. Whichever version of the holiday you observe, Washington’s Birthday/President’s Day is a time to recognize and honor the values at the heart of America, the democracy built by our Founding Fathers, and the presidential office itself, all of which have served to make America the greatest nation on earth. So, with that said, I encourage everyone to take a few minutes on Monday to reflect on our nation’s history and the incredible leadership that has driven it forward for centuries.

Have a great weekend!

 

Mike Kelly

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KellyGram – Above All Else, Love

 

Valentine’s Day is on the horizon, and though many of people view it as no more than a “Hallmark” holiday, others use it as a time to acknowledge their love for those most important to them. But my thought on the subject is, why limit our expressions of love and gratitude to a single day? To summarize Corinthians, love is the greatest gift of all. We should take every opportunity to share that gift and make sure our loved ones know how much they’re appreciated.

Between marrying my sweetheart, Beverly, meeting my first grandchild, Helena, and adopting Millie, our rescue pup, the past year has brought an abundance of love and happiness into my life. I’ve also had more opportunities to spend time with my sons, who are my pride and joy. Just last week, we celebrated Mac’s 32nd birthday; for 32 years, I have been blessed with the gift of immense adoration and warmth that a father has for his youngest son. For all the love my family has instilled in me, I still cannot help but wonder–do I tell them enough just how important and loved they are?

We have so many opportunities to remind our loved ones just how much they mean to us, but far too often, we take those moments—and even those people—for granted. Let’s take time to consider those who hold a dear place in our hearts and make a habit of reminding them that they are loved—not just on Valentine’s day, but every day.

God bless you all, and have a great weekend!

 

Mike Kelly

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KellyGram – The Allen Benedict Court Tragedy

 

Our city has been shaken up by the tragedy that struck last month at Allen Benedict Court, after “severe and lethal” conditions at the complex resulted in the deaths of two residents—Calvin Witherspoon, Jr. and Derrick Caldwell Roper—and the displacement of over 400 former occupants. An investigation of the conditions at Allen Benedict Court by the Columbia Fire Department revealed nearly two dozen housing violations, including lethal levels of natural gas and carbon monoxide in multiple units. In 2018, the CHA responded to at least eight gas leaks at the site, and City Councilmen believe this disaster was entirely preventable.

Over the years, I have represented many people who depended on the Columbia Housing Authority for lodging, most of whom could not find acceptable accommodations anywhere else in the city. It personally and professionally disturbs me to see how signs and signals of danger to the Allen Benedict Court residents were overlooked by CHA personnel. In addition to deaths and injuries, displaced residents are moved between hotels and are unsure when, or where, they will find a place to settle.

Photo from WLTX

The thought of being ordered to leave your home and never return is unfathomable and yet, for hundreds of members of our community, this is their reality. This situation is urgent and needs to be immediately rectified. Appropriate compensation needs to be provided to those who have been injured and displaced, and there needs to be a full-scale investigation to ensure this type of tragedy never again happens in our hometown. In the meantime, we, as a community must do what we can to help our neighbors through this crisis. Find out how you can help here.

Sincerely,

 

Mike Kelly

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KellyGram – Our Social Security Practice

 

At Mike Kelly Law Group, we emphasize Personal Injury, Workers’ Compensation, and Social Security Disability as our primary practice areas, but I must say, helping my clients get their much needed Social Security Disability benefits is the most satisfying aspect of my work. Contrary to popular belief, obtaining Social Security Disability benefits is extremely difficult. To be eligible for the insurance, the standard is that someone’s disability must impede their ability to perform not just their previous job duties, but ANY work that exists in the national economy—even if that type of work is not available. So, although there are people who draw Social Security Disability that may not be entitled to it, for each illegitimate recipient there are ten people who desperately need—but were denied—disability.

Much of the work that goes into preparing for a Social Security hearing is obtaining, reviewing, and assessing key medical documents and relevant vocational information, and the likelihood of winning a disability case is substantially higher for claimants who have hired legal representation. If you or a loved one has been wrongfully denied benefits, it is worthwhile to talk to an attorney regarding the appeals process. At Mike Kelly Law Group, we have two experienced attorneys, Lisa Cotten and myself, and a team of exceptional paralegals who can help answer your questions about Social Security Disability. Give us a call at 1-866-692-0123 for an initial consultation at no cost.

We’re here for the people of South Carolina.

Sincerely,

 

Mike Kelly

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KellyGram – Honoring An American Hero

 

On Monday, January 21st, we will celebrate the legacy of one of America’s greatest heroes—Dr. Martin Luther King, Jr. Growing up in the South, I attended segregated schools and lived in a region that was very much a civil rights battlefield. And so, I will never forget watching, at age eleven, as Dr. King delivered his famous “I Have a Dream” speech, leaving me deeply inspired even then. Since 1963, Dr. Martin Luther King, Jr. has been one of my personal heroes, and I have gone on to study not only his most renowned delivery but many of his other writings and teachings as well. I have traveled to Memphis, TN, to visit the National Civil Rights Museum at the Lorraine Motel, where Dr. King spent his final hours, and have even had the honor of meeting his son, Martin Luther King, III.

Like many federal holidays, far too many of us view MLK Day as nothing more than a day off. But it is vital—in today’s social climate as much as ever—that we recognize and appreciate the significance of this holiday. We must remember the change that Dr. King’s activism inspired in our nation and how far our society has come in the past fifty years. Most importantly, we must recognize that our society still has a long way to go—that Dr. King’s work is not finished—and refuse to be complacent with the status quo. Let us honor his life and legacy by continuing to strive toward making Dr. King’s dream a reality for future generations and by lifting our nation to a place where all men are not only created equal, but where all people are treated, respected, and able to live as equals.

Sincerely,

 

Mike Kelly

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KellyGram – Trial Work: Behind the Scenes

 

The legal profession has long been sensationalized in literature, television, and film, painting the public’s perception of trial work as riveting and fast-paced and trial lawyers as dramatic and unflappable—ready for anything the other side might throw at them. And while this perception is not necessarily inaccurate when it comes to trying cases, the majority of a litigator’s work consists of tedious and thorough investigation, planning, strategizing, and preparation. As Mike Kelly Law Group’s litigation team gears up for several trials set to move forward in 2019, I thought I’d share with you all a glimpse into the less glamorous—but no less grueling—work that makes up a normal day for a trial attorney.

Depending on the complexity of the issues at hand, the cumulative hours that our attorneys and paralegals put into preparing a single case for trial may amount to weeks, or even months, of work. Most of this time is spent conducting written discovery—a process through which parties exchange and gather evidence—as well as taking depositions, meeting and preparing with clients, consulting with expert witnesses, arguing pre-trial motions, and working through scheduling and evidentiary matters with the court in anticipation of trial. The trial itself is merely the tip of the iceberg in terms of a trial lawyer’s job.

However, because most legal dramas focus on the excitement of trial, many people do not understand the sheer amount of work lawyers put into a case before ever rising to give an opening statement. And although our attorneys prepare every case as though it will proceed before a jury, the reality is that, due to changes in South Carolina’s rules governing civil suits, cases now tend to settle more often than not, and trials have become somewhat of a rarity. Mastering trial techniques requires experience and practice, and the decline in trials has created a generation of “trial lawyers” who have only tried a couple of cases, if any at all. For this reason, if you have a case that may end up in the courtroom, do your homework to make sure you engage a real, honest-to-goodness trial lawyer who will go the distance to get the results you deserve.

Have a great weekend!

 

Mike Kelly

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KellyGram – Are You Covered?

 

Car accidents are a fact of life. In the United States alone, approximately 4.6 million people are injured in collisions each year—that’s an average of one injury every seven seconds. Still, no one ever expects to be t-boned on their way to work or rear-ended at a red light; if that were the case, there would be no cars on the road. But regardless of our own experience or precaution, when we share the streets with other drivers, the potential for injury is always there. So we practice defensive driving, wear our seatbelts, hope for the best, and prepare for the worst—by investing in underinsured motorist coverage.

Over the years, Mike Kelly Law Group has helped countless clients recover damages after suffering serious or catastrophic injury in a motor vehicle accident. But too often, especially in recent years as the costs of health care have increased, we consult with victims who have suffered permanent injury and/or have incurred medical bills exceeding five and six figures, only to break the news that they will likely only recover the minimum liability limits of $25,000.00 carried by the at-fault driver. That’s it. In South Carolina, drivers are required to carry a mere $25,000.00 of bodily injury liability coverage, an amount that is more often than not inadequate in today’s society.

What makes cases such as these especially heart-breaking is that these victims not only suffer bodily loss but financial devastation—injuries lead to stacking doctor’s bills and missed work. While the first blow may not be preventable, the second is. Underinsured motorist coverage, or UIM, is available to every person with car insurance. UIM can help cover losses incurred due to medical bills, lost income, and pain and suffering caused by another driver when your damages exceed the driver’s liability limits. This type of coverage is inexpensive, and although it is optional, it is vital and worth every penny. Just as you cannot trust that other drivers will not make a life-altering mistake, you cannot trust that they have the means to reimburse you when they do make that mistake.

Make it your New Year’s resolution to protect yourself. Review your insurance policy, and if you don’t have UIM coverage, call your insurance agent today.

Sincerely,

 

Mike Kelly

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