Pillar Law Group LLP

4 dangers of traumatic brain injuries after an Indiana car crash

2026-07-10T13:53:42Z

Car crashes happen fast and in the chaos that follows, you may feel completely fine at first. But some of the most serious injuries are not always visible right away. In fact, traumatic brain injuries (TBIs) fall into this category. The rush of adrenaline after a crash can easily hide symptoms. This leaves many Indiana drivers unaware of a potentially serious condition until it is too late.

What is a traumatic brain injury?

A TBI happens when a forceful impact or sharp strike to the head interferes with how the brain operates. As an Indiana daily driver, you face this risk every time you get behind the wheel. TBIs can vary from minor head trauma to serious, long-term brain damage. No matter the level of severity, these injuries can affect your work, your relationships and your overall quality of life. Thus, knowing the specific dangers helps you catch warning signs early and seek care before things get worse.

Four TBI risks every Indiana driver should know

This is why understanding the types of TBI dangers is the first step toward protecting yourself after a crash. Here are four serious risks you should be aware of after a car accident in Indiana:

Brain bleeding and swelling: A violent crash can tear blood vessels in the brain, leading to dangerous blood clots or intense pressure inside the skull. For Indiana drivers, this can mean a sudden and life-threatening medical emergency that requires immediate attention.
Diffuse axonal injury (DAI): When a crash shakes your brain violently inside the skull, it tears nerve fibers and can cause prolonged comas or severe neurological damage. This type of injury can leave Indiana drivers unable to return to work or carry out basic daily tasks.
Cognitive deficits: A TBI can cause short-term memory loss, difficulty concentrating and trouble solving everyday problems. For Indiana drivers who rely on focus and quick thinking behind the wheel, these deficits can make daily life significantly harder.
Motor skill deficits: Depending on the part of the brain injured, you may face muscle weakness, poor coordination or even paralysis. Many TBI survivors require long-term physical or occupational therapy just to regain basic movement and independence.

These four risks show how deeply a TBI can disrupt your life after a crash. Knowing them is important, but knowing what to do next matters just as much. Don’t ignore a headache after your crash A TBI after a car crash can feel overwhelming, but you do not have to figure everything out on your own. Recovery takes time and understanding all of your options is a meaningful part of that process. If something does not feel right after a crash, trust that feeling and take the next step. The right guidance and support can make a real difference in your path forward.

Can you get an Indiana OWI for sleeping alcohol off in your car?

2026-07-10T13:03:44Z

Many Indiana drivers believe that sleeping alcohol off in their car is the responsible choice. In many cases, it is. However, Indiana's operating while intoxicated (OWI) laws encompass more ground than you might expect. Thus, understanding how the state defines ‘operating’ a vehicle is the first step to protecting yourself.

How Indiana defines operating a vehicle

Indiana law does not require you to be driving to face an OWI charge. If you have the ability to control a vehicle, police may consider you to be operating it. This definition is broader than most people realize and it carries significant legal implications. In fact, even sitting in a parked car with easy access to your keys can qualify as operating under certain circumstances. Because of this, knowing exactly which factors officers evaluate can make a real difference.

Four factors officers consider

Knowing what officers look for can help you make smarter decisions. When an officer approaches your vehicle, they typically assess these four factors:

Engine status: Running the engine, even just for heat or AC, can raise concerns.
Key location: Keys in the ignition or within easy reach suggest you are in control of the vehicle.
Your position: Sitting in the driver's seat is riskier than resting in the back seat.
Vehicle location: Parking on a highway shoulder draws more scrutiny than stopping in a private parking lot.

No single factor guarantees an OWI charge, but each one carries weight in an officer's assessment. With that in mind, there are practical steps you can take to reduce your risk.

Simple steps to reduce your risk

The safest option is always to call a sober friend or use a rideshare app. If you must stay in your car, move to the back seat, turn the engine off and place your keys in the trunk or outside the vehicle. These measures can reduce the likelihood that an officer interprets your situation as operating a vehicle. Even so, taking precautions is only part of the picture. Knowing your rights under Indiana law is equally important.

Stay protected on Indiana roads

Indiana's OWI laws can be complex and the details matter. The most valuable thing you can do is familiarize yourself with your rights before a situation ever arises. This is why understanding the law puts you in a stronger position since no one should have to face an unexpected legal situation without the right knowledge on their side.

What are the three standardized field sobriety tests in Indiana?

2026-07-10T13:56:03Z

Indiana police use standardized field sobriety tests when they suspect a driver is impaired. The National Highway Traffic Safety Administration developed these tests. Officers use them to check for signs of impairment during a traffic stop. Understanding how the three standardized field sobriety tests work can help you better understand the evaluation process and what officers look for when investigating suspected impaired driving.

How does the horizontal gaze nystagmus test work?

The horizontal gaze nystagmus test is often the first field sobriety test officers administer. During this test, the officer asks you to follow the movements of a small object with your eyes. You must also keep your head still. The officer watches for involuntary jerking movements in your eyes, which can indicate impairment. When a person consumes alcohol, their eyes may exhibit nystagmus or jerking movements at certain angles. The officer looks for three specific clues in each eye:

Whether your eye can follow a moving object smoothly
Whether jerking is distinct when your eye moves to the side
Whether your eye starts to jerk before it reaches a 45-degree angle

These observations help officers evaluate possible signs of impairment. They form one part of the overall field sobriety assessment.

What happens during the walk-and-turn test?

The walk-and-turn test asks you to take nine steps that are heel-to-toe in a straight line. Then you turn around and walk back the same way. The officer provides instructions and demonstrates the test before asking you to perform it. During this test, keep your arms at your sides and count each of your steps aloud. This test evaluates your ability to follow directions and maintain balance simultaneously. Officers look for numerous indicators of impairment, which generally include:

Starting early before the instructions finish
Losing your balance
Stepping off the line
Using your arms for balance
Taking the wrong number of steps
Turning incorrectly

Officers consider these actions when assessing overall performance. Even small mistakes may be noted during the evaluation.

What does the one-leg stand test measure?

The one-leg stand test asks you to stand on one foot about six inches off the ground. You then count out loud for 30 seconds. You must keep your arms at your sides and watch your elevated foot during the test. This test checks your balance and your ability to follow instructions while moving. Officers typically watch for four specific indicators:

Swaying while balancing
Using your arms for balance
Jumping to help you keep your balance
Putting your foot down before the 30-second mark ends

These behaviors may show poor balance or trouble focusing. Officers document their observations as part of the investigation.

Understanding your options during a traffic stop

Knowing the three field sobriety tests can help you handle a traffic stop with more knowledge and confidence. By knowing what officers look for during each assessment, you can gain a clearer understanding of how impairment evaluations work. This way, you can put yourself in a position to make safer, more informed decisions in case the police pull you over.

From Parent to Bystander? How POA Keeps You Involved After 18

2025-07-29T04:12:21Z

The thought of your 18-year-old, newly minted, high school graduate sitting down with an attorney to make an estate plan may seem a little strange. After all, they have no assets to divide and no spouse or children to provide for. However, as a young adult heading out into an unpredictable and sometimes dangerous world, there are two vital “estate planning documents” that young adults should have in place before heading to college, or wherever life may take them.

1. Medical Power of Attorney

In the State of Indiana, eighteen is a significant age in which children become adults. That means that on their eighteenth birthday your child has control over their own medical decisions, and as their parent, you lose access to their protected medical information. As a parent sending your child off to college, a medical emergency involving your child is your worst nightmare. While unlikely, appendicitis and car accidents can happen. If an emergency arises, the best way to step-in, gather information, and help make medical decisions for your child is for them to execute a Medical Power of Attorney when they turn eighteen.

2. Financial Power of Attorney – sometimes referred to as a Durable or General Power of Attorney.

Along the same lines, having the financial assistance of a parent can be very helpful to our kids as they launch into adulthood. A Financial Power of Attorney, if execute correctly, can do just that. There are many financial decisions that are thrust upon young adults when they turn eighteen. Whether buying a car, applying for a credit card, enrolling in college, or signing a lease, there may be instances when a young adult needs their parent to communicate directly with a third party on the child’s behalf. Emergency situations can also necessitate a parent stepping in to handle a child’s financial affairs. Keep in mind that a parent must always act in the child’s best interest and should never exceed the power given in the document. If your child desires to execute either of these documents, they need to be the one in control of the process. They will be the “client” in the attorney-client relationship, and they should make the decision as to who their “agents” in both documents will be. You should never attempt to force or coerce your child (or anyone else) into signing Powers of Attorney – it must be a decision they make on their own accord with a full understanding of the power these documents convey. If you child does decide they would like to execute Powers of Attorney, please contact our office for a consultation.

Summary Judgment Ruling: A Personal Debt or a Shareholder’s Obligation?

2023-08-22T07:20:00Z

A recent summary judgment ruling sheds light on the importance of reading releases and the distinction between personal and corporate debts. The dispute revolved around whether the defendant owed the plaintiffs $128,538 as a personal debt, or whether the amount, purportedly owed by the defendant, was covered by a release signed by the plaintiffs. The dispute originated from the sale of two closely held corporations. The plaintiffs and the defendant were shareholders in the corporations. After the sale had been negotiated, the plaintiffs requested payment of a prior unrelated debt from the defendant and the other minority shareholders. After several meetings, all the shareholders agreed they would be responsible for their proportional share of the prior debt. All the shareholders, including the plaintiffs and defendant, signed a spreadsheet that recognized the buyer was purchasing 55% of the company at closing, with the remaining 45% to be paid over a four-year period, contingent upon the achievement of certain performance targets. Due to the failure to meet the targets, the defendant ultimately received only a nominal $1.00 for his remaining 45% interest. Subsequently the plaintiffs sued the buyer and the defendant over funds owed to them from the sale. The plaintiffs settled with the buyer and signed a release including all shareholders of the two purchased corporations. The plaintiffs then contended the defendant personally owed them $128,538, and the debt was not covered by the release. The court determined there were no documents describing the debt as a separate personal obligation of the defendant. Applying Indiana Trial Rule 56, the court held there was no genuine issue of material fact to be resolved by a trial. The court ruled that the debt in question was not a personal debt but rather a shareholder's obligation, payable upon receipt of proceeds from the anticipated buyout of shares. The plaintiffs had previously settled with the buyer and released all the shareholders from any claims that predated the sale. The court concluded that the release covered the defendant and as the defendant received only a nominal payment for his remaining 45%, summary judgment was appropriate. In conclusion, the court granted a summary judgment in favor of the defendant, thereby delineating the differences between personal debts and obligations arising from shareholder agreements. The ruling underscores the importance of clear documentation in establishing the nature of financial obligations, especially in complex corporate transactions. The ruling is also a reminder that any document containing a release should be reviewed by competent legal counsel.

The Limitations of Equity: A Closer Look at Probate Law

2023-06-08T06:43:14Z

Equitable remedies are intended to supplement and complement existing law, not to override it. This principle is foundational to the legal system, ensuring consistency and predictability, which are both necessary to uphold confidence in the rule of law. If the law needs to be changed, it is primarily the role of the legislature, not the courts, to do so.

In Indiana, equitable remedies such as reformation, constructive trusts, equitable liens, and injunctions are available in probate cases. Those remedies are typically confined to cases involving fraud, breach of duty, or wrongful acquisition of property. Courts do not usually provide equitable relief to override clear statutory rules. It is the legislative judgement that dictates how courts should resolve disputes concerning decedents’ estates.

Courts refrain from exercising equitable powers when there is adequate remedy in existing law. This principle, that "equity follows the law", has been a foundational part of Indiana law for over a century and means that when substantial justice can be accomplished by following the law, courts generally will not exercise their equitable powers.

This general principle applies to probate cases. When there is a remedy under the Probate Code to address an alleged harm, courts will generally not fashion an equitable remedy. For example, the law permits personal representatives to maintain suits in court for the recovery of possession property of the estate, or for trespass or waste committed on the estate. This provision, in fact, dates back prior to the 1953 enactment of the Indiana Probate Code. If the personal representative does not file a claim within the estate, courts will generally not impose an equitable remedy as a substitute to the existing procedure.

In conclusion, although equitable remedies sometimes serve to deliver justice where statutes may fall short, their use is generally restricted to cases when adequate legal remedies do not exist. When a specific remedy is available within the Probate Code, it is not appropriate or necessary to apply an equitable remedy.

Understanding the Indiana Unsafe Building Law: An Overview

2023-06-02T20:32:22Z

Every state has laws and regulations in place to ensure the safety and well-being of its residents. In Indiana, one such law is the Unsafe Building Law. The Indiana Unsafe Building Law, which is outlined in the Indiana Code 36-7-9, is designed to provide a safeguard against properties that harm the community when they are not adequately maintained. This blog post aims to shed light on the law's main provisions and what it means for the residents of Indiana.

The Indiana Unsafe Building Law gives local authorities the power to act against unsafe properties. This can include issuing fines and penalties, mandating repairs, or even ordering a building's demolition if it poses a substantial danger.

What Constitutes an Unsafe Building?

According to Indiana Code, a building can be deemed "unsafe" if it falls under one or more of the following categories:

Buildings that are dangerous to life due to defects. This could include issues like faulty wiring, unstable structures, or a lack of necessary safety features.
Buildings that are a fire hazard. This might involve faulty electrical systems, improper storage of flammable materials, or other issues that increase the risk of a fire.
Buildings that are unsafe or unsanitary due to inadequate maintenance, dilapidation, damage, or abandonment.
Buildings that are not provided with adequate exit facilities.
Buildings that are likely to cause or contribute to blight, disease, vagrancy, or danger to children in the area.

What Actions Can Be Taken?

When a building is found to be unsafe, the local authority (usually the building commissioner or a similar official) has a responsibility to act. These actions can vary based on the severity and nature of the building's condition. They can include:

Ordering the owner to repair the building.
If the owner refuses or fails to make necessary repairs, the local authority can make the repairs themselves and charge the costs back to the owner.
In extreme cases, if the building poses a significant threat and cannot be reasonably repaired, the local authority may order the building to be demolished.

Appealing an Unsafe Building Order

Owners of a building declared unsafe have a right to appeal the order. They can do so by submitting a written appeal to the local authority within a set period of time after receiving the order. The appeal will then be heard by a hearing authority, which will decide whether to uphold, modify, or overturn the order.

Conclusion

The Indiana Unsafe Building Law plays a crucial role in maintaining the safety and quality of our communities. It ensures that all buildings – whether they're homes, businesses, or public spaces – meet basic safety standards and don't pose unnecessary risks. Understanding this law can help Indiana residents better navigate their rights and responsibilities when it comes to property ownership and community living.

This post provides an overview of the Indiana Unsafe Building Law, but it's important to remember that the specifics of the law can change. Always consult with a legal professional or local authority for the most accurate and up-to-date information.

Medicare and Medicaid

2020-09-29T16:49:05Z

Medicare and Medicaid are very different. Medicaid is a federal program for low-income, financially needy people, set up by the federal government and administered differently in each state. Medicare was created to deal with the high medical costs that older and disabled citizens face relative to the rest of the population - especially troublesome given their reduced earning power. However, eligibility for Medicare is not tied to individual need. Rather, it is an entitlement program; you are entitled to it because you or your spouse paid for it through Social Security taxes. The information below provides the basics of each program. Medicare

Who is Eligible: Medicare covers almost everyone 65 or older, certain people on Social Security disability, and some people with permanent kidney failure.
Who Administers the Program: Medicare is a federal program whose rules are the same all over the country. Medicare information is available at your Social Security office.
Coverage Provided:

o Medicare hospital insurance (Part A) provides basic coverage for hospital stays and posthospital nursing facility and home health care. o Medicare medical insurance (Part B) pays most basic doctor and laboratory costs, and some outpatient medical services, including medical equipment and supplies, home health care, and physical therapy. o Medicare prescription drug coverage (Part D) pays some of the costs of prescription medications.

Costs to Consumer: You must pay a yearly deductible for both Medicare Part A and Part B, and make hefty co-payments for extended hospital stays. Under Part B, you must pay the 20% of doctors' bills Medicare does not pay, and sometimes up to 15% more. Part B also charges a monthly premium. Under Part D, you must pay a monthly premium, a deductible, co-payments, and all of your prescription drug costs over a certain yearly amount and up to a ceiling amount, unless you qualify for a low-income subsidy.
Eligibility and Social Security Disability: You are eligible 25 months after the first month you are eligible to receive a Social Security Disability check.

Medicaid

Who is Eligible: Medicaid covers low-income and financially needy people, including those over 65 who are also on Medicare.
Who Administers the Program: Medicaid is administered by the 50 states; rules differ in each state. Medicaid information is available at your local county social services, welfare, or department of human services office.
Coverage Provided:

o Medicaid provides comprehensive inpatient and outpatient health care coverage, including many services and costs Medicare does not cover, most notably, prescription drugs, diagnostic and preventive care, and eyeglasses. The amount of coverage, however, varies from state to state. o Medicaid can pay Medicare deductibles and 20% portion of charges not paid by Medicare. Medicaid can also pay the Medicare premium.

Costs to Consumer: In some states, Medicaid charges consumers small amounts for certain services.

Social Security Disability Explained – The Sequential Evaluation Process

2020-09-29T16:48:12Z

The Social Security Administration (SSA) follows a five-step process to determine whether you are disabled for purposes of either of the two disability programs operated by SSA — SSI or Social Security disability. If it finds that you are disabled or not disabled at a step, then the determination is over and it does not go on to the next step. Those five steps are:

You are not engaging in “substantial gainful activity” (SGA); and
You have a “severe” medically determinable impairment; and
Your impairment meets or “equals” one of the impairments described in the Social Security regulations known as the “Listing of Impairments;” or
Considering your “residual functional capacity” (RFC), you are unable to do your “past relevant work” (PRW); and
You cannot make an adjustment to other work that exists in significant numbers, considering your RFC, age, education, and work experience.

Be careful about the terms identified by quotation marks and the initials that go with some of them. These terms have precise meanings in the law, and these meanings are not necessarily the meanings you would expect. In addition, to be found disabled you must meet the “duration requirement.” That is, your disability must last for 12 full months. In summary, there are two main routes to a finding of disability on an SSI or Social Security disability application:

Your impairment must meet or equal an impairment described in the Listing of Impairments — the sequential evaluation process culminates at Step 3.
You must meet all the other requirements of the sequential evaluation process culminating at step 5.

There are six ways that you may be found not disabled. That is, you are not disabled if you:

Are working at the SGA level (Step 1).
Have no medically determinable impairment (Step 2).
Have a medically determinable impairment, but it does not significantly limit your physical or mental ability to do basic work activities (Step 2).
Fail to meet the duration requirement.
Are capable of past relevant work (Step 4).
Are capable of other work (Step 5).

There are a few exceptions:

There are also “non-disability” requirements for eligibility for the Social Security disability program. That is, you must have worked and paid enough Social Security taxes to earn enough work quarters (QCs) to qualify. For the SSI program, there are income and asset requirements. Step 1: Substantial Gainful Activity To be substantial gainful activity, work must be both “substantial” and “gainful.” “Substantial work activity. . . involves doing significant physical or mental activities.” Work may not be substantial when:

You are unable “to do ordinary or simple tasks satisfactorily without more supervision or assistance than is usually given other people doing similar work.”
You are doing work “that involves minimal duties that make little or no demands” on you and that are of “little or no use” to your employer or to the operation of a self-employed business.

SSA defines gainful activity broadly: “Work activity is gainful if it is the kind of work usually done for pay or profit, whether or not a profit is realized.” Nevertheless, when you are an employee of someone else, whether work is “gainful” is usually determined by looking only at your earnings. But if you are self-employed, SSA looks carefully at your work activity and its value to the business, even if you are working at a loss (as so many unimpaired self-employed people do from time to time). SSA also does not want to let employed claimants slip past this step if they are in a position to control the timing or amount of their income (e.g., when claimants are working for relatives). Work is evaluated “without regard to legality.” Thus, illegal activity may be substantial gainful activity. Whether you are employed by someone else or self-employed, SSA allows deduction from earnings for what it calls “impairment–related work expenses,” which are usually payments you make for drugs or medical treatment for the disabling impairment but may also include payments for some transportation costs, vehicle modification, attendant care services, residential modification, etc. However, the work expense rules must be reviewed carefully before making a deduction because some expenses you wouldn’t expect are included (such as payment for treatment for the disabling impairment that you have to pay whether you work or not) and some expenses that you might expect to qualify are excluded (such as payment for health insurance). In determining if work is substantial gainful activity, SSA averages income according to rules that consider the nature of the work, the period of time worked, and whether the SGA level changed during the time the claimant worked. The SGA level, which was $300 per month during all of the 1980s and $500 per month from 1990 until July 1999, when it was raised to $700, is becoming considerably more generous than it used to be because of cost-of-living increases that have been applied beginning with the year 2001. For example, for the year 2020, average countable earnings of more than $1,260 per month show that work was substantial gainful activity. Step 2: The Severity Step At step two of the sequential evaluation process, SSA determines whether you have a “severe” impairment. This step was intended to weed out frivolous cases involving either (1) no medically determinable impairments or (2) slight medically determinable impairments that impose only minor limitations on ability to work. Virtually any reduction in residual functional capacity (what you can still do even with your impairments) satisfies the requirement that there be a severe medically determinable impairment. As such, medically determinable impairments are divided into two categories:

slight impairments that are referred to in SSA’s peculiar lingo as “nonsevere” impairments and
all other impairments that are, therefore, “severe.”

Even subjective symptoms, as long as they arise from a medically determinable impairment, must be considered in assessing whether an impairment, or group of impairments, reduces your ability to do basic work activity. If an adjudicator is “unable to determine clearly” the effect of an impairment on your ability to do basic work activities, the adjudicator is directed to proceed with the next steps of the sequential evaluation process. Thus, close cases are to be decided in favor of finding an impairment to be severe. On the other hand, “[n]o symptom or combination of symptoms can be the basis for a finding of disability, no matter how genuine the individual’s complaints may appear to be, unless there are medical signs and laboratory findings demonstrating the existence of a medically determinable physical or mental impairment.” That is, when there is no “medically determinable impairment,” you may be found not disabled at this step of the sequential evaluation process. Nevertheless, as a rule, if a doctor has enough information to make a legitimate diagnosis, you have a medically determinable impairment. When there is a controversy over which diagnosis is correct, if medical signs or laboratory findings show any abnormality, the claimant has a medically determinable impairment even if the doctors do not agree on which diagnosis is best. The Duration Requirement Unless your impairment is expected to result in death, it must have lasted or be expected to last for a continuous period of 12 months. The duration requirement is not usually a problem for impairments that wax and wane or have short periods of remission but have active periods enough to preclude engaging in substantial gainful activity on a sustained basis. However, the regulation specifically prohibits tacking together unrelated severe impairments to meet the duration requirement. Denials based on the duration requirement usually occur in those cases where, at the time of the decision, the duration requirement is not met, and the impairment is the sort that is likely to improve within 12 months. For those impairments that may or may not improve before the duration requirement is met, sometimes a state agency decision maker will delay a case just to see if you continue to be disabled. Because of the slow progress of the administrative process, the 12 months usually have passed by the time you attend a hearing, thus permitting an accurate retrospective evaluation. Once the twelve-month duration requirement is met, you may ask for a finding of a closed period of disability in the situation where your condition has improved to the degree that you are able to return to work. Step 3: Listing of Impairments In order to be found disabled at step 3 of the sequential evaluation process, your medical signs, findings, and symptoms must meet or “medically equal” one of the set of medical signs, findings and symptoms found in the Listing of Impairments. The Listing of Impairments is a set of medical criteria for disability found in the Social Security disability regulations. Even if your impairment is not in the Listing of Impairments, it is possible to argue that your impairments are medically equivalent to an impairment in the Listing. This comes up in four situations: (1) you do not have one of the essential findings stated in the Listings for your particular impairment but you have other findings; (2) you have all the essential findings but one or more of the findings is not quite severe enough and you have other findings; (3) your impairment is not described in the Listings but it may be as severe as an analogous impairment that appears in the Listings; or (4) you have a combination of impairments, none of which meet the Listings but the cumulative total of your impairments could still equal the Listings. It is possible to compare medical findings, symptoms and limitations in functioning to see if one claimant, whose impairment does not appear in the Listings, is as disabled as another claimant whose impairment meets a Listing. However, before an ALJ can find that your impairment medically equals a Listed Impairment, the decision maker must receive the opinion of a medical expert hired by SSA. Step 4: Past Relevant Work You are not disabled if you can still do your “past relevant work.” This means that you must prove that you are incapable of doing any work that you have performed in the last 15 years (or in the 15 years before your disability insured status requirement was last met, if that date is earlier), if that work was done at the “substantial gainful activity” level and lasted long enough for you to learn how to do it. Thus, you must identify your easiest job and then figure out why you cannot still do that kind of work. If you had an easy job in the past 15 years that you can still do, then you will be found not disabled unless you can put together an argument that the impairments meet or medically equal one of the impairments in the Listing of Impairments (Step 3). If you retain the capacity to do a job as it is ordinarily done, then you will be found not disabled even though your actual past job required greater exertion and you are unable to do that job. The “job as it is ordinarily done” rule will not be applied to your benefit, however. If your own past work was easier than the way the job is ordinarily done, SSA will examine the actual job requirements as you performed them in determining whether you can perform past relevant work. This rule applies even if the past job was done only part-time, if it was substantial gainful activity. Determining whether you can do past relevant work is accomplished by comparing your current residual functional capacity with the physical and mental demands of past relevant work. Step 5: Other Work Determining whether you can make an adjustment to other work that exists in significant numbers in the national economy is the most complicated step in the sequential evaluation process. This step considers your remaining work capacity, age, education and work experience. SSA has provided an important tool for determining whether or not you are disabled because of medical-impairments and vocational factors: the Medical-Vocational Guidelines. The Medical-Vocational Guidelines, popularly known as the “grids,” provide that the older you are, the easier it is to be found disabled. Exceptions to the Five-Step Sequential Evaluation Three Special Profiles There are three other ways to be found disabled without completing the standard five-step sequential evaluation process. If you fit one of three special medical-vocational profiles, you are found disabled without proceeding to step five and without consulting the Medical-Vocational Guidelines. Profile #1: A claimant is disabled who:

Has a severe, medically determinable impairment;
Is age 55 or older;
Has an 11th grade education or less; and
Has no past relevant work experience.

Profile #2 (the “worn-out worker”): A claimant is disabled who:

Has no more than a sixth-grade education;
Worked 35 years at arduous unskilled labor; and
Is unable to do the arduous unskilled labor done in the past.

Profile #3: A claimant is disabled who:

Is not working at SGA level.
Has a lifetime commitment (30 years or more) to a field of work that is unskilled or is skilled or semi-skilled but with no transferable skills.
Can no longer perform this past work because of a severe impairment.
Is closely approaching retirement age (age 60 or older).
Has no more than a limited education.

Disabled But Not Eligible There are two ways to be found not disabled even though the sequential disability evaluation process has been completed and SSA has concluded that you are, in fact, disabled. You will not be found disabled if:

Without good reason, you do not follow prescribed treatment. A determination finding a claimant not disabled on this basis is made only after SSA finds that you are otherwise disabled. The treatment must be prescribed by your own physician and this treatment must be “clearly expected to restore” your ability to work.

Drug addiction or alcoholism is “a contributing factor material to the determination of disability.” This issue is addressed only after it is determined that you are disabled when considering all impairments, including any impairments involving drug addiction or alcoholism. Then SSA looks at your impairments again to consider whether you would still be disabled if you stopped using drugs or alcohol.

An Overview of Fourth Amendment Search and Seizure

2026-04-14T07:11:29Z

In many criminal prosecutions, the government gathers its strongest (and sometimes only) evidence through a search of the defendant or of the defendant’s property. The Fourth Amendment of the United States Constitution protects American citizens against unreasonable searches and seizures. Specifically, the Fourth Amendment provides: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” This post will provide an overview of the Fourth Amendment, how it applies, and some common exceptions to requirement that police obtain a valid warrant based upon probable cause. The first real inquiry one should make when challenging the validity of a government search is whether a reasonable expectation of privacy exists. This is critical, because if the person challenging the search does not have a reasonable expectation of privacy in the property searched or seized, then that person lacks legal standing to challenge the search. The reasonable expectation of privacy analysis is incredibly fact-sensitive, and should be reviewed on a case-by-case basis. However, there are certain scenarios where a reasonable expectation of privacy almost always exists. For example, if you own, live on, or are an overnight guest at the premises searched, you have a reasonable expectation of privacy in that premises, and would have standing to challenge the search. On the other hand, there are also scenarios where courts are not going to find a reasonable expectation of privacy. These “no standing” categories generally deal with things that you hold out to the public, such as the sound of your voice, the paint on your car, the location of your car on a public road, the style of your handwriting, or anything that can be seen across open fields. If you have a reasonable expectation of privacy, the next question we need to answer for Fourth Amendment purposes is whether the police have a valid search warrant. For a search warrant to be valid, it must (1) be based on probable cause and (2) state with particularity the place to be searched and the things to be seized. Probable cause exists if there is a fair probability that evidence of a crime will be found in the area searched. If police have a valid warrant, they are allowed to search the area(s) listed in the warrant and seize the items listed in the warrant, if found during the search. While police are generally required to get a warrant before executing a search or seizure, courts have developed quite a few exceptions to that general rule over time. In these certain scenarios, police are not required to get a warrant at all. Some of the more common exceptions to the warrant requirement include: 1. Search Incident to Arrest. Police are permitted to search you following a lawful arrest, with some limitations. First, the arrest must be legal. If the arrest is illegal, the search incident to that arrest is also illegal. Next, the arrest and search must take place at the same time and place. For example, police cannot arrest someone in Indianapolis, transport that person to Cincinnati, and then search the person incident to arrest once they get to Cincinnati. Police are also generally limited to searching the person and the area within the person’s wingspan when searching incident to arrest. 2. Vehicle Search Incident to Arrest. There are also circumstances that allow police to search a vehicle incident to arrest. Police may search the interior of a vehicle incident to arrest only if (1) the arrestee is unsecured and can still access the vehicle, or (2) the police reasonably believe that evidence of the offense that the person was arrested for may be found in the vehicle. It is important to note here that it does not matter what evidence police ultimately find during a vehicle search incident to arrest, so long as the search itself was valid. 3. Automobile Exception. Police must have probable cause before searching anything or anyone within the purview of the automobile exception. The probable cause justifying a warrantless vehicle search under this exception can arise after a traffic stop, but must arise before any search. If, and only if, police have probable cause before searching anything or anyone, then they can search the entire car. That means they can search the entire interior, including the trunk, and any luggage or containers inside the car—so long as the luggage or containers may reasonably contain the item that they have probable cause to be searching for. 4. Plain View Exception. The plain view exception permits police to seize evidence of crimes that, not surprisingly, are in the plain view of the police. The two key factors in determining the validity of a plain view seizure are (1) whether the police are legitimately present at the location where the item is seized and (2) whether it is immediately apparent that the item is contraband. For example, if a police officer bursts into your home for no apparent reason and finds marijuana on your table, the officer is not likely “legitimately present,” and the evidence should be suppressed. However, if a police officer makes a valid traffic stop and sees marijuana on your passenger seat, he may properly seize it under the plain view exception. 5. Consent. Police may search a person or property if given consent. For consent to be valid, it must be voluntary. Additionally, if two or more people have authority to consent to a search of certain property, any one of those people can consent to a warrantless search. However, if all people with authority are present, and even one person does not consent to a warrantless search, then that person’s refusal overrides the others’ consent. Fourth Amendment search and seizure is tremendously nuanced, but is one of the most important areas of the law for a criminal defense attorney to know and understand. If the government violates the Fourth Amendment, evidence derived from its violation may be suppressed—meaning it can’t be used at trial. If the government cannot use evidence at trial, it may have no choice but to dismiss charges. If you or a loved one are the subject of an investigation, or have been charged with a crime, contact us at any time via email at legal@pillarlgp.com or by phone at [nap_phone id="LOCAL-CT-NUMBER-1"]. We will help you. Disclaimer: this post is made for informational purposes only, and should not be construed as legal advice. Please consult an attorney with questions regarding a specific case.