Callagy Law Arizona

Tuesday, May 31, 2016

Fight against the clock for lawyer losing his eyesight

By Myles Ma | NJ Advance Media for NJ.com
Email the author | Follow on Twitter

on May 30, 2016 at 8:15 AM, updated May 30, 2016 at 12:00 PM

Stay connected to NJ.com

PARAMUS —€” Sean Callagy started to notice his vision problems as center fielder for Emerson High School and later for the Columbia University baseball team.

He was fast, he hit well, and he was normally a good fielder.

But he started to lose fly balls in the light.

Callagy has a condition called retinitis pigmentosa. The 46-year-old has been slowly losing his vision since those days in center field and is now legally blind.

He’s known about the disease his whole life. It’s hereditary: His grandfather and brother both had it.

The loss of his eyesight has accelerated in recent years. He recently stopped being able to play catch with his son, also a baseball player at Emerson High.

“My whole life has been fighting the clock,” Callagy said.

Callagy has fast-tracked his life as a result. The River Vale resident formed his own law firm in 1999, when he was 29, winning two verdicts of more than $27 million each in the past two years.

Callagy still has some vision: He can walk around his office in Paramus with little trouble. But he can’t drive, and he can only see a letter at a time while reading, in a profession that requires him to parse through piles of documents.

While trying a case in Arizona representing a Phoenix businessman who claimed his former business partner assaulted him, committed fraud and stole his company, Callagy relied on law partner Michael Smikun to read documents for him in court. Outside of court, Callagy uses iPad apps to read documents out loud and listens to the audio of videotaped depositions. His assistant, Taylor Gallo, takes care of driving.

Smikun said Callagy’s vision has slipped significantly over the past two years. In that time, he’s come to rely more on Smikun.

“We have a form of mind-meld where I just understand what he wants to accomplish,” he said.

While Callagy can’t always read people’s body language when he’s cross-examining them, and sometimes misses seeing an extended handshake, he “still has a great legal mind,” Smikun said.

“He’s found a way to be extraordinarily effective as a litigator despite the fact that he can’t read documents or emails,” he said.

Callagy has a Blackberry because he can feel the keys and uses it to take copious notes. He said he’s honed his memory and speaking ability to compensate for his loss of vision.

It’s clear Callagy loves talking about law: He goes into animated explanations when describing the case in Arizona.

Since he started his firm, his office has grown to employ 100 people and opened a satellite location in Arizona. His goal is to keep growing.

“I would love to have offices all over the country,” he said.

He has moments of fear and frustration at the prospect of losing his vision. He gets emotional speaking about losing sight of his daughter at her soccer games.

But Callagy, who is Christian, said he believes he won’t lose his sight completely. He believes science, whether through gene therapy or retinal cameras or some other advancement, will restore his vision.

“I believe whole-heartedly that this is not going to happen,” he said. “I remain 100 percent in my belief that I will be seeing better when I am 50 or 60 than I do today.”

Myles Ma may be reached at mma@njadvancemedia.com. Follow him on Twitter@MylesMaNJ. Find NJ.com on Facebook.

Fight against the clock for lawyer losing his eyesight

Friday, May 27, 2016

Keeping Insurance Payments Flowing | Callagy Law

The purpose of this post is to help assist those with questions they have concerning their business or medical practice. The Callagy Law team is knowledgeable in many law practice areas and will frequently post topics ranging from Medical Revenue Recovery, PIP, Workers Compensation, and Commercial Insurance. We hope to have this blog shed a light on many common questions.

Billing insurance companies and collecting what you are entitled to collect can be a difficult process for medical providers. There are inevitably coverage issues, difficulties with navigating the ambiguities of policies, correct coding problems, and carriers will look for any discrepancy as a way to avoid payment. Below are a few tips to help overcome or at least alleviate some of these issues.

Let’s begin with coding. Employing a certified coder is a start. It is best these days to hire a professional, who will stay educated on the latest coding practices and information, rather than simply someone who has general knowledge. Coding has grown and continues to grow more and more complicated. A certified coder reviewing the National Correct Coding Initiative (NCCI) tables will ensure that bundling errors do not hold up payments. A professional coder can navigate the labyrinth of codes so as to limit the carriers’ ability to delay payments for coding deficiencies.

Insurance policies too can be problematic. Whenever possible a medical provider should obtain as much information about the insurance policy relevant to the treatment as possible. This might mean the declaration page of an automobile policy or the health benefit plan description for a commercial insurance patient. Knowledge of the policies and plans will help reduce, if not, eliminate unknown coverage pitfalls, and provide a better knowledge base of likely reimbursement levels. Too often providers render services having little or no real knowledge as to what the reimbursement levels will be or whether or not they are even likely to be reimbursed.

The medical documentation also can raise issues. A medical provider must make sure the supporting documentation matches the diagnosis codes, and should be very specific. It is self defeating to be cavalier about explaining the need for and the medical necessity of all aspects of the treatment. It is important to be aware of codes that need specific explanations for payment and ensure your documentation has the necessary explanations.

Finally, confronting denials as and when they happen, as well as having a competent and aggressive legal time at your disposal, will pay big dividends. You need collection personnel with tenacity and organization skills to pursue relentlessly the frequent follow up calls that are necessary. Knowing payer systems and rules and asking the right questions of claims adjusters is also important.

These are some simple suggestions to combat the revenue roller coaster many providers face. As a liaison for Callagy Law, I have seen some of my providers struggle with insurance payments, and these basic steps can help alleviate that struggle.

We hope you found the information provided in this article helpful to various questions you may have had concerning the healthcare industry. For information pertaining to our services for medical providers, please click here. Please note, Callagy Law has recovered over $200,000,000 for medical providers, and that number grows daily. Our team of knowledgeable PIP Arbitration attorneys are ready to help you. Please free to reach out to Sean Callagy of Callagy Law at any time for questions you may have concerning personal and business matters. Callagy Law offices are located conveniently in Paramus, NJ. Beyond the scope of information, Sean Callagy has developed multiple areas of our healthcare legal practice and business coaching. Feel free to connect with us on Facebook, Twitter or LinkedIn! Additionally you can subscribe to our daily videos on YouTube.

Learn More About Callagy Law Here:

Keeping Insurance Payments Flowing | Callagy Law

Thursday, May 26, 2016

Imputing Income For Support | Callagy Family Law Blog

The following article was written by Callagy Law’s Legal Team, and will focus on many common questions and concerns surrounding new developments, legal matters, and other procedures within the practice area of Family Law, which include, but are not limited to, divorce law, child custody, child support, and prenuptial agreements. Our family law team members are also Certified Matrimonial Attorneys in the State of New Jersey. Our mission is to answer any questions and give knowledge to many different aspects of these matters.

An issue that often comes in the divorce context, particularly when attempting to establish child support and/or alimony obligations, is the accurate determination of a parent’s/spouse’s income. If a party is voluntarily underemployed or unemployed, then an income is appropriately imputed to that party. The question then becomes what level of income should be imputed to that party?

There are certain priorities that attorneys and judges will look to for imputing income to a litigant. First, the party’s work history, occupational qualifications, educational background and prevailing job opportunities in the region will be reviewed, evaluated and considered. A court may impute income based upon the party’s former income at that person’s usual or former occupation or the average earnings of such an occupation as reported by the New Jersey Department of Labor. The New Jersey Department of Labor categorizes employment fields and breaks down earnings in geographical segments. For example, Bergen, Passaic and Hudson Counties are grouped together for wage and employment statistics.

If potential earnings cannot be determined, income can be imputed based on the party’s most recent wage or benefit record. Finally, if a wage or benefit record is not available, income may be imputed based upon full-time employment at the New Jersey minimum wage rate.

In addition, in high income cases or where a party has an advanced degree, but has been out of the workforce for a period of time, an employability expert may be retained to provide greater detail and input as to a party’s employability and potential earnings. This almost becomes a job placement search and various market statistics and research tools are utilized to canvas the region for potential and available job opportunities based upon the person’s educational and employment background.

It is also noteworthy that, when young children are involved, the costs of work-related day care necessary for a person to work outside of the home or obtain full-time employment will be deducted from the imputed income for child support purposes. This is important when dealing with an imputed income that is marginally more or even less than the costs of child-care. If it will cost more in child-care then the person can earn, other alternatives need to be considered.

The Team at Callagy Law hopes the information in this article was helpful in either your personal or professional life.. Callagy Law, is a multidisciplinary law firm, headquartered in Paramus, NJ owned and operated by Sean Callagy. We are committed to providing legal representation and advice to our clients at additional law offices located across the United States. Please note that the information posted here should not be used as a legal argument of defense. If you find yourself needing legal advice pertaining to your unique situation, you can contact us at here. Feel free to search us on Facebook, Twitter or LinkedIn! Additionally you can subscribe to our daily videos on YouTube.

Learn More About Callagy Law Here:

Imputing Income For Support | Callagy Family Law Blog

Monday, May 23, 2016

Navigating The “Health Care Primary” Option in PIP Claims

The purpose of this post is to help assist those with questions they have concerning their business or medical practice. The Callagy Law team is knowledgeable in many law practice areas and will frequently post topics ranging from Medical Revenue Recovery, PIP, Workers Compensation, and Commercial Insurance. We hope to have this blog shed a light on many common questions.

As a PIP litigation attorney, I frequently find myself explaining what PIP is to individuals who are not familiar with this area of practice. I generally explain it by stating that injuries sustained in auto accidents are covered by auto insurance in the state of New Jersey and I represent health care providers in cases where the auto carrier denies payment. A follow-up question I sometimes receive is, “why aren’t those injuries covered by health insurance?”

The answer to this question is simple, except when it isn’t. (I kid.) New Jersey mandates that all auto insurance policies cover a minimum of $15,000 of PIP coverage. Typically, the auto insurer is the primary payor of injuries sustained in an auto accident under this PIP requirement. Thus, in such cases, it is the auto insurer that is primarily liable and not the patient’s health insurer.

However, there is an exception to the default system which is called “health care primary.” This refers to instances where the insured, in selecting her auto coverage, opts for the “health care primary” option. Essentially, in selecting this option, the insured is committing to utilize health insurance as the primary payor of injuries sustained in auto accidents in exchange for a lower auto insurance premium. In such cases, the patient’s auto insurance serves as a secondary payor rather than as the primary payor.

Health care primary policies can put a wrinkle in health care providers’ standard billing practices for PIP cases and it is worthwhile to understand how to navigate this situation. If a provider treats a car accident victim with a “health care primary” auto policy, the provider should first bill the patient’s health insurer. (If the provider mistakenly bills the auto insurer first, the auto insurer will likely deny the claim and the provider can simply bill the health insurer thereafter.)

The question then becomes, what happens if the patient’s health insurer denies the claim? The good news here is that the provider can often bill the patient’s auto policy following such a denial since the PIP provision of the policy continues to act as secondary coverage.

While there is some ambiguity on this issue, many interpret the law in a way that requires the patient’s health insurer to issue a substantive denial in order for PIP to be triggered as secondary coverage.

For example, if the health insurer denies the claim because the treatment is not covered under the patient’s policy, this would serve as a substantive denial and the provider would then be free to bill the patient’s auto insurer. However, if the health insurer denies the claim stating that more documentation is needed to process the claim, this will likely not be regarded as a substantive denial and the provider would be wise to resubmit the claim to the health insurer with the requested documentation prior to attempting to bill the patient’s auto carrier.

One final note to be mindful of is, when billing the auto carrier following a health insurance denial, be sure to include the health insurance EOBs. This will signal to the auto carrier that, even though the claim involves a health care primary policy, the patient’s health insurer was already billed but the claim was denied.

Learn More About Callagy Law Here:

Navigating The “Health Care Primary” Option in PIP Claims

Friday, May 20, 2016

What’s In A Word? | The Importance of Marital Settlement Agreements

The following article was written by Callagy Law’s Legal Team, and will focus on many common questions and concerns surrounding new developments, legal matters, and other procedures within the practice area of Family Law. Our mission is to answer any questions and give knowledge to many different aspects of these matters.

The recent unpublished Appellate Division decision Fleming v. Fleming decided May 16, 2016 reminds us of the critical importance in careful and clear drafting of Marital Settlement Agreements. In Fleming the Appellate Court was tasked with interpreting the parties’ agreement regarding college expenses and the meaning of the term “bonuses “for alimony purposes. The parties’ agreement provided that “student loan programs” would be sought and applied to college costs before either parent was required to make an out of pocket contribution for the expenses. Mr. Fleming argued that the phrase “student loan programs” included, or should include, loans from private financial institutions. The trial court disagreed and held that “student loan programs” was limited to financial aid awarded through the Free Application for Federal Student Aid (FAFSA). The trial court reasoned that including private loans within the meaning of “student loan programs” would effectively relieve either parent of contributing to a child’s college costs contrary to their stated intent to do so in the agreement. The Appellate Court agreed.

Further, the parties agreed that Ms. Fleming would receive 30% of any gross “bonuses” received by Mr. Fleming as supplemental alimony. Mr. Fleming subsequently received a number of payments other than his salary which his former spouse claimed she was entitled to receive 30% of as supplement alimony. These payments were identified in various and separate categories (visionary award, shining performance, etc.). The Appellate Court held that the term “bonuses” was not defined in the parties’ agreement and there were questions as to why these payments were made (as bonuses or severance or part of his salary). The issue was remanded to the trial court for an evidentiary hearing to resolve the ambiguity.

While the meaning of “student loan programs” and “bonuses” may seem self-evident and certainly no fault can be placed on the drafters of the agreement, the Fleming opinion should serve as a reminder to err on the side of more specificity and detail rather than less when drafting settlement agreements. While every family law attorney, including myself, may think to themselves that statement is a “given,” the simple word “bonuses” has surely cost the Flemings significant professional fees at the trial level, appellate level and now facing an hearing for further fees and distress to define this single word. The client must have a clear understanding of the meaning of the terms of the Agreement and what is intended to avoid future litigation. Both the attorney and client have an obligation to make sure there is a complete understanding of exactly what is being agreed to before the agreement is signed. Terms of an agreement that are susceptible to at least two reasonable alternative interpretations can lead the attorney and client back into court.

Sean Callagy, the owner and President of Callagy Law is an attorney, business coach, public speaker, and entrepreneur; and is dedicated to the personal and business growth. Please reach out to us here with any questions or comments regarding personal or business matters. We will to continue to provide daily updates with helpful information on our website and social media. Please feel free to contact Callagy Law at anytime. Feel free to connect with us on Facebook, Twitter or LinkedIn! Additionally you can subscribe to our daily videos on YouTube by clicking here.

Learn More About Callagy Law Here:

What’s In A Word? | The Importance of Marital Settlement Agreements

Wednesday, May 18, 2016

To Start Up a Start-up | Callagy Law - Business Law Blog

In this blog post, Callagy Law will focus on topics to help people better their businesses. Clients often come to Sean Callagy’s team with questions about their businesses, ranging from contracts, disputes, and other common legal issues in the business world. We hope to answer some common questions with business owners their teams. Our mission is to answer any litigation and business law questions. Our goal is to help you avoid litigation and give you the necessary tools to run a successful business.

Approximately 90% of start-up companies fail. With such a high failure rate, it is no surprise that the relatively few businesses that succeed tend to thrive—at least for awhile. So, is there a secret to success? Success is probably simpler than the statistics might suggest, but, as with anything, an entrepreneur must pay attention to what works and what does not. There are about twenty-eight million small businesses in the United States. Most will not succeed much longer, but a small percentage will thrive and continue to thrive.

One trait of a successful business—and it might seem obvious–is to create a product that fits the current market. The most common reason new companies fail is that they make a product no one actually wants. The owner/businessman might think he or she is offering a desirable product or service, but in reality it is a product or service he thought the public wanted. In other words, it was a product or service he or she wanted and then they assumed the rest of the buying public thought the same way.

It is also important for the owner to work on the business, rather than in the business. Successful entrepreneurs understand that doing everything themselves might be necessary at the very beginning of a start-up, but business growth comes with proper staffing. An entrepreneur/owner acts as the captain of the ship and steers it in the right direction. If the business owner works too much in the business, he or she will not be working on the business, that is, they will fail to ready the business for future success.

With a team of determined personnel, with a leader setting the direction and steering the company toward the goals set, a new business has a much greater of chance success. Versatility among the personnel is also important, because versatility involves mindset. Startup teams that are ready to change products, adjust plans, market differently, study other industries, or even start from scratch, are the ones that will make it.

We hope you found the information provided in this article helpful to your everyday life and business. Please free to reach out to Sean Callagy or the Callagy Law team at any time for questions you may have concerning personal and business matters. Callagy Law’s headquarters is located conveniently in Paramus, NJ. Beyond the scope of information, Sean Callagy has developed multiple areas of business legal practice and business coaching, if you need help with anything, please reach out to us by calling 201-261-1700 or by emailing us here. Feel free to connect with us on Facebook, Twitter or LinkedIn! Additionally you can subscribe to our daily videos on YouTube by clicking here.

Learn More About Callagy Law Here:

To Start Up a Start-up | Callagy Law - Business Law Blog

Tuesday, May 17, 2016

On Mother’s Day and Motherhood | Callagy Law"s Blog

This past Sunday my wife and I attended Mass in New York City prior to visiting my wife’s elderly mother. We would be spending the day visiting with my mother-in-law and my wife’s family. As you would expect, the priest gave special recognition to all of the mothers in attendance, and asked that they stand up and be recognized. I say “as expected” not only because it was Mother’s Day, but also because Catholicism is particularly reverential toward motherhood, given the church’s veneration of Mary, the Mother of Jesus. At Mass they also distributed a Happy Mother’s Day card that contained a short piece of verse called “A Mother’s Love.” The first two lines read

Of all the gifts that God has given both here on earth and up above.

The gift more precious and dear is the gift of a mother’s love.

The sentiment expressed, of course, is a beautiful one and you would think is beyond reproach, but there are those who might scoff at, or worse, be offended by this type of veneration.

Putting aside the religious aspect of motherhood, without a doubt the most cherished possession in Nature is the Mother. Even before this past Sunday, I was struck watching a National Geographic special about mothers of innumerable species and the importance of them. All of nature is about survival of the species–the mother always choosing a mate in a way meant to ensure, or at least improve the likelihood, that her cubs will grow strong and survive. Reptiles, mammals, birds, amphibians—it is all about mothers and them doing what they can to guarantee the survival of their offspring so that the species lives on. Nature has no greater treasure than Motherhood and what it does for life. It is Life—its start and its continuation.

So, whether you are religious or not, whether you are a naturalist or not, know this: Motherhood is at the heart of all of it.

Learn More About Callagy Law Here:

On Mother’s Day and Motherhood | Callagy Law"s Blog