Frequently Asked Questions

Criminal
Divorce/Custody
Social Security/Disability
Workers Compensation

CRIMINAL

What is the difference between a felony and a misdemeanor?

A misdemeanor offense is a crime that can be punished by a maximum sentence of 11 months and 29 days in the county jail. Some common misdemeanors include theft, public intoxication, simple assault, disorderly conduct, trespassing, vandalism, and driving under the influence.

A felony offense is more serious crimes which are punishable by one year or more.

Should I contact an attorney if I am under investigation but have not been charged?

Absolutely. Representation at an early stage in a case can increase the odds of no charges or reduced charges being filed. An attorney also can protect your rights during the investigation.

Do I need an attorney at my arraignment?

The arraignment is where you first appear before a judge and enter a plea of guilty or not guilty to the offense(s) charged. If you are represented by counsel, your attorney may attend your arraignment for you. If you are not represented by counsel, you must personally attend your arraignment. As in all serious matters, it is easier to assure your rights are protected if you are represented by counsel.

What types of criminal cases do you handle?

Our office handles all types of criminal charges in both state and federal court.

Can I get my adult criminal arrest and/or conviction cleared, removed, or expunged?

Not all criminal records are eligible to be cleared. Individuals may be eligible to have their public arrest records removed in instances where the charges have been dismissed, the grand jury did not return an indictment, a verdict of not guilty is returned by a jury, a conviction is reversed on appeal, the District Attorney elects to enter a dismissal of the case otherwise called a nolle prosequi, the individual successfully completes pretrial diversion under the provisions of Tenn. Code Ann. 40-15-105, or the defendant successfully completes all probation provisions through judicial diversion Tenn. Code Ann. 40-35-313.

Divorce/Custody

Q: What is a Parenting Plan?
A: Every component of the Parenting Plan is designed to focus on the child’s best interest. Development of a Permanent Parenting Plan provides parents with an opportunity to establish a road map for future parenting of the child. The Plan can serve as a successful tool in reducing conflict when it is prepared in thoughtful and equitable manner. It removes legal jargon and replaces it with common, everyday terms, and sets the framework to develop a family reorganization. The Plan can work to preserve family relationships. It encourages both parents to make their children the number one priority, and to see the need for the children to maintain a close, continuing relationship with each parent. The Parenting Plan can enable both parents to remain involved in major decisions including education, religion, and medical care.

The Parenting Plan attempts to move away from the concepts of “custody” and “visitation” to emphasize the concept of “parenting responsibilities” and “shared parenting.” The overall goal and objective of the Plan is to lessen hostility between the parents and encourage parents to work cooperatively in the best interests of their children. You also will make the decisions on how to resolve future issues as you continue to parent your children.

Q: What does a Parenting Plan have in it?
A: It has the schedule of whom the children are with and when they are with them on a day-to-day basis. It also has the schedule of where the children will spend holidays, days off from school, and other special days (such as birthdays). The Parenting Plan lists who will be providing the health and/or dental insurance for the children and who will be supplying the child support. The Plan will also include an allocation of parental responsibilities; that is, who makes the decisions for the children. Finally, if necessary, the Parenting Plan will have a list of reasons that require limiting the parenting time and decision making of one of the parents and in what amount the parenting time and decision making should be limited.

Q: When is a Parenting Plan required?
A: A Permanent Parenting Plan is required in any final decree or decree for modification in an action for absolute divorce, legal separation, annulment, or separate maintenance involving a minor child issued after January 1, 2001. Temporary Parenting Plans are required in any temporary orders of the court in actions for absolute divorce, legal separation, annulment, or separated maintenance involving a minor child issued after January 1, 2001.

Q: Who has to fill out a Parenting Plan?
A: The parties or their attorneys fill out the Parenting Plan. If the parties cannot agree to the terms of a Permanent or Temporary Parenting Plan, each parent files his or her own Plan with the Court and if mediation does not resolve the differences in the plans, the court will decide the content of the plan after a hearing.
Q: What is the Parenting Education Seminar?
A: The Parenting Education Seminar is a class or series of classes that give parents the information necessary to deal with their children and with each other during and after the divorce process. These seminars are meant to help the divorcing family through the traumas of divorce without putting more stress on the parties and their children. Each parent is required to attend the seminar.

Q: After the divorce decree, how can my client modify a Parenting Plan, if there is no emergency? If there is an emergency?
A: If there is no emergency, the Parenting Plan itself specifies a method of modifying the Plan. Generally, the Plan is modified by mediation, arbitration, or counseling as set forth in the original Parenting Plan approved by the Court and incorporated into the divorce order. If there is no agreement, “a proposed plan shall be filed and served with the petition for modification and with the response to the petition for modification.” T.C.A. § 36-6-405(a). In the event of an emergency, the parent desiring to modify the Permanent Parenting Plan files a petition and the proposed Parenting Plan with the Court. The other parent files his or her proposed Parenting Plan with the response to the petition for modification. T.C.A. § 36-6-405(a).

Q: What does it mean to be the primary residential parent? Is it the same as the old custodial parent?

A: Technically, "primary residential parent" means the parent with whom the child resides more than fifty percent (50%) of the time. In most cases, however, the primary residential parent will have the child in that parent's care much of the time, except for every other weekend, holidays, and special events. Most parenting plans will read: "Each parent will make decisions regarding the day-to-day care and control of each child while the child is residing with that parent." Because most parenting decisions fall under the "day-to-day" designation, the determination of primary residential parent is most important. The "custodial parent" and "primary residential parent" designations are not exactly the same. Under prior law, "custodial parent" generally meant the parent who exercised final decision-making authority and the parent with whom the child primarily resided. Under the new parenting plan law, these concepts are split. Final decision-making authority is discussed separately from residential time and can be fragmented between the parents by category, such as education or religious training.

In deciding which parent will be the primary residential parent, what factors will the court take into account?
Every permanent parenting plan must include a residential schedule. The court will make sure there are residential provisions for each child, consistent with the child's developmental level and the family's social and economic circumstances, which encourage each parent to maintain a loving, stable, and nurturing relationship with the child. In making these determinations, the court will consider the following factors:
(1) The parent's ability to instruct, inspire, and encourage the child to prepare for a life of service and to compete successfully in the society which the child faces as an adult;
(2) The relative strength, nature, and stability of the child's relationship with each parent, including whether a parent has taken a greater responsibility for performing parenting responsibilities relating to the daily needs of the child;
(3) The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the bests interests of the child;
(4) Willful refusal to attend a court-ordered parent education seminar may be considered by the court as evidence of that parent's lack of good faith in the proceedings;
(5) The disposition of each parent to provide the child with food, clothing, medical care, education, and other necessary care;
(6) The degree to which a parent has been the primary caregiver, defined as the parent which has taken greater responsibility for performing parental responsibilities;
(7) The love, affection, and emotional ties existing between each parent and the child;
(8) The emotional needs and developmental level of the child;
(9) The character and physical and emotional fitness of each parent as it relates to his or her ability to parent or as it relates to the welfare of the child;
(10) The child's interaction and interrelationships with siblings and with significant adults, as well as the child's involvement with his or her physical surroundings, school, or other significant activities;
(11) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment;
(12) Evidence of physical or emotional abuse to the child, to the other parent, or to any other person;
(13) The character and behavior of any other person who resides in or frequents the home of a parent and such person's interaction with the child;
(14) The reasonable preference of the child if it is twelve (12) years of age or older. The court may hear the preference of a younger child upon request. The preference of older children should normally be given greater weight than the preference of younger children;
(15) Each parent's employment schedule, and the court may make accommodations consistent with those schedules; and
(16) Any other factors deemed relevant by the court.
No one factor controls, and each factor must be weighed and considered in relation to the others. Note that any of the above factors may be overshadowed if any of the following allegations are proven: abandonment, substantial refusal to perform parenting responsibilities, physical or sexual abuse of a child or parent, emotional or physical impairment interfering with parenting responsibilities, drug, alcohol, or other substance abuse, abusive use of conflict which endangers the child's psychological development, withholding access to the child from the other parent without good cause, a parent's criminal conviction, or any other factors adverse to a child. Obviously, these important considerations can weigh most heavily in the event they exist and can be proven.

Q: What are the rights of the other parent?

A: The following are the rights of a parent during those times when the child is not in the care of that parent. That parent has the right:
To unimpeded telephone conversations with the child at least twice each week at reasonable times and for a reasonable duration;
To send mail to the child which the other parent shall not open and will not censor;
To receive notice and relevant information as soon as practical (but within 24 hours) in the event of hospitalization, major illness, or death of the child;
To receive directly from the school, upon written request, which includes a current mailing address, and upon payment of reasonable costs of duplicating, copies of the child's report cards, attendance records, names of teachers, class schedules, standardized test scores, and any other records customarily made available to parents;
Unless otherwise provided by law, to receive copies of the child's medical, health, or other treatment records directly from the physician or health care provider who provided such treatment or health care upon written request which contains a current mailing address and upon payment of reasonable costs of duplication, provided that no person who receives the mailing address of a parent as a result of this requirement shall provide that address to the other parent or to a third person;
To be free of derogatory remarks made about such parent or such parent's family by the other parent to or in the presence of the child;
To be given at least forty-eight (48) hours notice, whenever possible, of all extracurricular activities, and the opportunity to participate or observe in those activities, including, but not limited to, the following: (i) School activities, (ii) Athletic activities, (iii) Church activities, and (iv) Other activities during which parental participation or observation would be appropriate;
To receive from the other parent, in the event the other parent leaves the state with the minor child for more than two (2) days, an itinerary, including telephone numbers, for use in the event of an emergency; and
Access and participation in the child's education, including the right of access to the minor child for lunch and other activities, on the same basis that is provided to all parents, provided the participation or access is reasonable and does not interfere with day-to-day operations or with the child's educational performance.
The rights above also apply to the primary residential parent when the child is spending time with the other parent.

Q: If the primary residential parent wants to move out of state with the child, will this be permitted?
A: Yes, if the move is not motivated by vindictiveness and is in the best interest of the child. Timely notice, however, must be given. Consulting a family law attorney well in advance of moving is advised. A parent seeking to prevent the move may petition for a change of designation of primary residential parent.

The Law Offices of Robert D. Massey represents disabled people who have social security claims for disability. We provide our clients with the informaiton needed to make an informed decision regarding Social Security Disability laws and regulations.

FREQUENTLY ASKED QUESTIONS:

What is Social Security Disability?
During working years, employees, employers, and self-employed people pay into the social security system. When a worker's earnings stop or are reduced because of retirement, death, or disability, social security benefits will be paid to the worker or his family based on the contributions he or she made into the system. Social Security Disability (SSD) provides benefits to disabled people or their families who have made prior contributions to the social security system.
How does the social security system define a disability?
Under the Social Security Act, disability is defined as the inability to work due to a medically determinable physical or mental impairment that has lasted or is expected to last 12 months or results in death. The medical determination is based on a physician's report, laboratory reports, and physical signs and symptoms. Non-medical factors such as age, education, and prior work experience are also considered.
How does someone apply for benefits?
You begin by telephoning the Social Security Administration and either give your application over the phone or schedule an appointment to apply for benefits in person at a local social security office.
What if your claim is denied?
If your claim is denied, you should file a Request for Reconsideration (an appeal). The most common mistake people make is failing to appeal. If your claim is denied, we suggest you call our office immediately.
Do you have to hire a lawyer to get benefits?
A person does not need a lawyer's help to file an application. However, if your claim is denied, a lawyer's help can make a difference in whether or not you are successful in winning on appeal. An attorney experienced in social security disability claims can help you at the hearing and mean the difference between receiving your benefits or not.
How will the Law Offices of Robert D. Massey assist you?
If you would like more information about the Law Offices of Robert D. Massey, we are happy to provide it. There is never a charge for an initial consultation and you will pay no legal fees unless you hire us. Our team of lawyers and support staff strives to satisfactorily meet client objectives and goals by focusing on your case.
Should you choose to have us represent you, we will do the following:

Gather and review medical and other evidence
Analyze your case under Social Security regulations
- Contact your physician and explain Social Security regulations to obtain a report consistent with the regulations
Send you to a vocational expert for a report on your ability to work if needed
Obtain documents from your Social Security file
Review actions taken by the Social Security Administration
Ask that a prior application for benefits be reopened to obtain more retroactive benefits for you
Seek waiver of a time limit if needed
Present a closing argument at your hearing as needed
Ensure that Social Security Administration is paying you the appropriate amount of benefits
If necessary, request an appeal of your case to the Appeals Council

WORKERS’ COMPENSATION

1. Do I have to use the company doctor?

A: In general, an injured worker does have to use a physician from an employer approved panel in order for the worker’s compensation carrier to be responsible for 100% of the medical expenses. However, independent doctors (i.e. personal physicians and specialists in various areas) are often used to assist our office in adequately representing the injured worker.

2. If I am on restrictions from the doctor, do I have to perform jobs outside of those restrictions?

A: An injured worker who has been allowed to return to work but has his ability to work limited or restricted by a physician should not be required to perform work for his employer outside of those limitation and/o restriction.

3. When do my workers’ compensation benefits stop?

A: Temporary total benefits are paid while an injured worker is temporarily totally disabled. These benefits stop, as a general rule, once the medical providers renders an opinion that the injured worker has reached maximum medical improvement.

4. What is maximum medical improvement (MMI)?

A: Maximum medical improvement is basically a medical term used in a worker’s compensation setting which means the treating physician has determined that the injured worker has recuperated from the injury as well as they medically can. Most often when the injured worker reaches this point in recovery the medical professional will assess a permanent partial impairment rating based on American Medical Association Guidelines. This impairment rating is based on the extent of the injury and is important in determining the value of the worker’s compensation claim.

5. If the insurance adjuster is pushing me to settle, should I consult an attorney before agreeing to their terms?

A: We recommend that you always consult an attorney regarding the validity and fairness of an offer to settle a worker’s compensation claim. There are various components of a worker’s compensation settlement which need to be addressed and an attorney with knowledge of worker’s compensation laws should be consulted.

Our office does not charge a fee for a consultation on a worker’s compensation case.

PERSONAL INJURY – AUTOMOBILE ACCIDENT

1. How long do I have after an accident to settle?

A: Tennessee has a one (1) year statute of limitations. Therefore, a claim for personal injury and/or property damage resulting from someone else’s negligence must be resolved or a lawsuit must be filed so as to protect the injured party’s rights as well as the rights, if any, of the family of the injured party.

2. If I am the victim of a motor vehicle accident, who pays my medical bills?

A: By contacting our office, we can discuss with you the variety of options you may have in this regard. As a general rule, the injured party’s regular health insurance will pay for the medical treatment as it is incurred. Thereafter complicated legal positions are taken by various entities and solid legal advice is needed to adequately address these issues so as to maximize the benefits/award to the injured party.

3. Can I settle property damage before I complete medical treatment?

A: Property damage claims are most often settled prior to the personal injury claim. Our office DOES NOT TAKE OR RECEIVE A FEE for representing you on the property damage claim if it is settled.

4. What should I do if the person who hit me does not have insurance?

A: Contact an attorney immediately to determine your options. This does not mean that you cannot recover for the negligence of the uninsured driver.

5. Do I owe your firm any money when you are retained or if I do not recover and/or win my case?

A: As a general rule our office represents injured parties on a contingency basis which means we are paid only if you recover and we receive a percentage of the recovery. All of this will be discussed and set forth in an attorney-client contract if you decide that our office is the right firm for your case.

6. Do I have to pay to discuss my case with an attorney in your office?

A: NO. We do not charge any fee for a consultation in your case and if you cannot make it to our office, an attorney will come and see you.