Latest / WCHS Network Podcasts / 10/09/2025 Ask the Lawyer with Tom Peyton

Transcript

10/09/2025 Ask the Lawyer with Tom Peyton · WCHS Network Podcasts

• 0:00
  Speaker 1: Unlock your dream property with Meeks Realty Group, where Rich
• 0:03
  Speaker 1: the realtor makes real estate dreams a reality, whether it's
• 0:05
  Speaker 1: residential or commercial. We've got Charleston to Huntington covered. Your
• 0:09
  Speaker 1: key to exceptional real estate experience is start here Meeks
• 0:12
  Speaker 1: Realty Group. Contact us at Meeks dot us.
• 0:15
  Speaker 2: The views and opinions expressed on this program do not
• 0:18
  Speaker 2: necessarily reflect the views and opinions of five eight WCHS
• 0:22
  Speaker 2: it's employees or WVRC media.
• 0:25
  Speaker 3: Of Courts Oh created different equote were mass.
• 0:35
  Speaker 2: Come here to Katon ray can robson Cops on.
• 0:46
  Speaker 4: Its twenty one minutes past eight o'clock. You're listening to
• 0:50
  Speaker 4: five ADWCHS.
• 0:51
  Speaker 5: It's Tom. You can put the law on your side,
• 0:53
  Speaker 5: as ask the lawyer. This morning. Tom Payton is in
• 0:55
  Speaker 5: studio with us.
• 0:56
  Speaker 4: Three zero four three four five fifty eight three zero
• 0:59
  Speaker 4: four three four five fifty eight Tome.
• 1:00
  Speaker 5: Good morning. How you doing this morning?
• 1:01
  Speaker 2: I'm doing great deal.
• 1:02
  Speaker 4: How are you? I am doing very well as well.
• 1:04
  Speaker 4: It's uh, things are changing, the seasons are changing. It
• 1:07
  Speaker 4: sure is a little cooler this morning than what we've
• 1:09
  Speaker 4: seen recently.
• 1:09
  Speaker 2: Yeah, I think it's gonna be a love forty on Saturday.
• 1:11
  Speaker 2: We're back to the a little rain there, back to
• 1:15
  Speaker 2: the nice sunny days for next week. So looking forward
• 1:18
  Speaker 2: to it.
• 1:18
  Speaker 4: Almost putting on a jocket this morning. I didn't, but
• 1:20
  Speaker 4: I can close almost put on a jock.
• 1:22
  Speaker 2: We heated my car.
• 1:23
  Speaker 5: I thought about that too, just like good and.
• 1:25
  Speaker 2: Bad things about the Tesla. But you do have a
• 1:26
  Speaker 2: real convenient app on your phone where you can literally
• 1:28
  Speaker 2: set the climate control, you know, before you get into
• 1:31
  Speaker 2: the vehicle. The first time I've done it for this
• 1:33
  Speaker 2: in the morning this year. So but it's nice and convenient.
• 1:36
  Speaker 2: So maybe we'll get some calls ask the lawyer. So
• 1:38
  Speaker 2: if you have any questions and you're listening and you
• 1:41
  Speaker 2: can text in right or you can give us a
• 1:42
  Speaker 2: call because we have the I Fought the laws song
• 1:46
  Speaker 2: in our lead in, and you don't have to fight
• 1:48
  Speaker 2: the law. You can just call Peyton Law Firm Wolf
• 1:51
  Speaker 2: handle the law for you.
• 1:52
  Speaker 5: With the along on your side.
• 1:53
  Speaker 4: Lots of things going on, of course, if you have
• 1:55
  Speaker 4: any questions about anything in your life personally, things that
• 1:58
  Speaker 4: you have, some have issues you're trying to wind through
• 2:01
  Speaker 4: anything on the on the legal front of the Peyton
• 2:03
  Speaker 4: Law Froom can help you with. You know, a lot
• 2:04
  Speaker 4: of people I think sometimes have a hard time just
• 2:07
  Speaker 4: asking the first question, you know, getting on the right path,
• 2:09
  Speaker 4: and that's something that we can help you out with
• 2:10
  Speaker 4: this morning. You know, give us a call it three
• 2:12
  Speaker 4: zero four three four five fifty fifty eight, three four
• 2:13
  Speaker 4: five fifty fifty eight. You can text threes are four non,
• 2:15
  Speaker 4: three five five zero zero eight, three zero four non,
• 2:18
  Speaker 4: three five five zeros or eight. Any of those things
• 2:20
  Speaker 4: will work. You can also call the Peyton Law Firm
• 2:21
  Speaker 4: during their office hours. We'll give you a contact information
• 2:24
  Speaker 4: as we go along, so we don't overburden if you're
• 2:26
  Speaker 4: jotting down numbers right now. The primary number right now
• 2:28
  Speaker 4: threes are four three four five fifty eight fifty eight
• 2:30
  Speaker 4: three four five fifty eight fifty eight. As far as
• 2:32
  Speaker 4: broadly speaking in the law goes, there's a lot of
• 2:34
  Speaker 4: things going on in the state. The measure news is
• 2:36
  Speaker 4: covering things all the time, and there's just a lot
• 2:38
  Speaker 4: of activity right now.
• 2:39
  Speaker 2: It seems well, we've had this running issue with the
• 2:43
  Speaker 2: mandatory vaccine law for kids that attend school, and we
• 2:48
  Speaker 2: have a kind of a battle between two different state entities,
• 2:52
  Speaker 2: the State Board of Education and the Governor's office, who
• 2:57
  Speaker 2: there's a statute that says you have to have certain
• 3:00
  Speaker 2: your children have to have certain vaccines onder to attend school,
• 3:03
  Speaker 2: and then that was addressed in the legislature. This past
• 3:07
  Speaker 2: session couldn't come to an agreement on a bill that
• 3:10
  Speaker 2: provided some exemptions to that mandate. There is already one
• 3:14
  Speaker 2: exemption in the specific Code regarding mandatory vaccination. It has
• 3:18
  Speaker 2: to do with medical exemption I think requires maybe some
• 3:21
  Speaker 2: kind of doctor's letter certificate that a vaccine isn't appropriate
• 3:26
  Speaker 2: for a child. But otherwise other exemptions were proposed in
• 3:32
  Speaker 2: the legislature and then ultimately didn't pass. So we're stuck
• 3:35
  Speaker 2: back with the law we've had for decades now. I
• 3:39
  Speaker 2: think maybe it was passed in the mid sixties if
• 3:41
  Speaker 2: I recall correctly. But a few years ago there was
• 3:44
  Speaker 2: a law passed. It was the Equal Protection of Religion Act,
• 3:49
  Speaker 2: and it's very broad, says no law shall this isn't
• 3:53
  Speaker 2: quoting verbatim, essentially infringe on someone's religious beliefs. So Governor
• 4:00
  Speaker 2: Morrissey being he wanted to bill to pass, I think
• 4:07
  Speaker 2: providing religious or philosophical exemptions to mandatory vaccination for schools,
• 4:14
  Speaker 2: and so he entered an executive order the spring, essentially
• 4:18
  Speaker 2: directing the State Board of Education to provide exemptions. Actually,
• 4:24
  Speaker 2: the announcement, I think an executive order says for religious
• 4:26
  Speaker 2: or philosophical reasons, and his legal justification for that was
• 4:32
  Speaker 2: this Equal Protection of Religion Act, which doesn't specifically reference
• 4:39
  Speaker 2: any particular law that can't infringe on someone's religion. But
• 4:44
  Speaker 2: he says, well, it applies to all laws, and so
• 4:48
  Speaker 2: it applies to the mandatory vaccine law. And then the
• 4:51
  Speaker 2: State Board of Education said, no, this previous law is
• 4:54
  Speaker 2: specific to vaccines, so we think we need to go
• 4:57
  Speaker 2: by that. And then few of civil actions have been
• 5:01
  Speaker 2: filed trying to basically by certainly the governmental entities are involved,
• 5:06
  Speaker 2: but there are parents as well, so you have two
• 5:10
  Speaker 2: different sides on the parents. You have the folks who
• 5:14
  Speaker 2: do not want their children to have vaccinations, and then
• 5:18
  Speaker 2: you have lawsuits filed by parents of children who might
• 5:23
  Speaker 2: be immunocompromised and don't want to be exposed to other
• 5:27
  Speaker 2: students who don't get the vaccinations. And so now we've
• 5:33
  Speaker 2: got cases at least three, maybe four cases in different
• 5:36
  Speaker 2: circuit courts of the state, which are the primary trial courts,
• 5:40
  Speaker 2: and we've got I think two or three circuit courts
• 5:46
  Speaker 2: in the northern part of the state have at least
• 5:48
  Speaker 2: preliminarily ruled that the the mandatory vaccine is valid, and
• 5:55
  Speaker 2: then we have really the case it's most active right
• 5:58
  Speaker 2: now is down in Raleigh County and that's where we've
• 6:01
  Speaker 2: had some testimony yesterday. I'm gonna have some more testimony
• 6:04
  Speaker 2: today Circuit Judge Frobell where he has entered up pluminary
• 6:08
  Speaker 2: injunction saying that they have to allow these exemptions to
• 6:12
  Speaker 2: the mandatory vaccine. So we've got conflicts, but I think
• 6:15
  Speaker 2: at this point the Supreme Court it's going to go
• 6:18
  Speaker 2: up to the West Virginia Supreme Court eventually. But they
• 6:20
  Speaker 2: didn't take swift action. I think some sort of appeal
• 6:24
  Speaker 2: was filed. I can't remember which entity filed it, but
• 6:27
  Speaker 2: they set kind of a conventional timeline where there won't
• 6:31
  Speaker 2: even be briefing and potentially until after the first of
• 6:33
  Speaker 2: the year. But Judge Froebell continues to subpoena and have
• 6:39
  Speaker 2: evidence your hearings to try and create a full record
• 6:42
  Speaker 2: on all aspects. And so I had some testimony in
• 6:45
  Speaker 2: September and now he's having some testimony pretty much all
• 6:48
  Speaker 2: day yesterday. I think the state health officer, doctor markin
• 6:51
  Speaker 2: McDaniel's scheduled to testify today and it is to be
• 6:54
  Speaker 2: the final witness. But interesting, I guess legal and kind
• 7:00
  Speaker 2: of philosophical issues in the case because the obviously the
• 7:06
  Speaker 2: Religious Protection Act uses the word religion, but then the
• 7:10
  Speaker 2: executive order about a governor says, well, you can get
• 7:13
  Speaker 2: an exemption for religion or philosophical beliefs, and then to
• 7:19
  Speaker 2: get the exemption, the governor's set up officers set up
• 7:22
  Speaker 2: a website, and really all you put in the website
• 7:24
  Speaker 2: if you do not want your child to be vaccinated,
• 7:26
  Speaker 2: is identification information, nothing about a particular religion or even
• 7:32
  Speaker 2: requesting a reason why. And so we have this debate about, well,
• 7:38
  Speaker 2: let's say somebody testifies was this is my philosophy that our
• 7:42
  Speaker 2: bodies are sacred and you know I don't want my
• 7:44
  Speaker 2: kids to have vaccines in their bodies. Well that's is
• 7:49
  Speaker 2: that a religion or is that philosophy or can you
• 7:52
  Speaker 2: even differentiate between those? So, you know, it's a practical issue.
• 7:56
  Speaker 2: It's kind of interesting to think about. But the Governor's
• 8:00
  Speaker 2: judge had everybody brief that particular issue, and I the
• 8:04
  Speaker 2: Governor's office took the takes the attitude that whether it's
• 8:08
  Speaker 2: a conscience of subjection, philosophical or religion, you really can't
• 8:13
  Speaker 2: differentiate between those religion. It puts philosophy and just a
• 8:19
  Speaker 2: conscience of subjection on the same level as religion, and
• 8:23
  Speaker 2: you can't differentiate. So they're therefore we don't need to
• 8:29
  Speaker 2: know why somebody wants the exemption. Once they request it,
• 8:32
  Speaker 2: we can't challenge it. That's essentially the governor's attitude. And
• 8:36
  Speaker 2: I think yesterday Brad maclainey has a good report and
• 8:39
  Speaker 2: there was even there were three significant findings at the
• 8:41
  Speaker 2: hearing yesterday. I won the judge and Roy Kind is
• 8:43
  Speaker 2: going to try and turn into a class action, which
• 8:45
  Speaker 2: means it could potentially apply across the state until the
• 8:49
  Speaker 2: Western Supreme Court rules on it. But he and it's
• 8:55
  Speaker 2: a you know, there's not been a written order yet.
• 8:57
  Speaker 2: But Brad had a quote from the judge. I think
• 8:59
  Speaker 2: the judge is going to generally go with the definition
• 9:02
  Speaker 2: proposed by the Governor's office and just say, well, you know,
• 9:07
  Speaker 2: you really can't differentiate between philosophical versus religious belief. Now
• 9:14
  Speaker 2: where Judge Trobell I think is going is the statute
• 9:17
  Speaker 2: has within it a definition of what religion is, and
• 9:22
  Speaker 2: it's got to be a sincerely held belief, which is
• 9:29
  Speaker 2: that type language has been applied in all different contexts
• 9:33
  Speaker 2: because you have all kinds of freedom religion cases out
• 9:36
  Speaker 2: there and not just basically antidiscriminatory laws on that. And
• 9:42
  Speaker 2: so then you've got to look at whether mandatory vaccines
• 9:49
  Speaker 2: and this is under the statute, is a narrowly tailored
• 9:57
  Speaker 2: act by the government to accomplish a compelling government interests
• 10:02
  Speaker 2: something like that in the statute. So fro Ball Thing
• 10:05
  Speaker 2: is going to go through those analysis and just see,
• 10:09
  Speaker 2: but there are it's difficult, and there are cases across
• 10:14
  Speaker 2: the country. It you know whether someone's belief is true
• 10:19
  Speaker 2: or not. Obviously, religion ultimately as you get to faith
• 10:22
  Speaker 2: and and so you know whether it's uh, the underlying
• 10:28
  Speaker 2: belief is true or not is not something you can
• 10:30
  Speaker 2: really analyze. Now, whether it's a sincere belief is something
• 10:35
  Speaker 2: in the cases I'm familiar with, it's it's it's fact finding.
• 10:40
  Speaker 2: I mean, if you if you just make up something
• 10:43
  Speaker 2: as your philosophy or your religion just to try and
• 10:46
  Speaker 2: get out of some particular tasks. For example, the cases
• 10:49
  Speaker 2: i've read that apply and you say equal protection to
• 10:53
  Speaker 2: protect your religious beliefs, they a lot of them say, well,
• 10:57
  Speaker 2: it's just individualized. You have to address each situation individually
• 11:01
  Speaker 2: because it involves the person's credibility. When you're addressing credibility,
• 11:05
  Speaker 2: it's really hard to do it, even just on paper,
• 11:09
  Speaker 2: because you've got to determine credibilities whether somebody's being truthful
• 11:11
  Speaker 2: or not. So, you know, Judge Froebel kind of said, well,
• 11:15
  Speaker 2: that's we're going to make it a class action because
• 11:18
  Speaker 2: it's just too inefficient to analyze all these on an
• 11:21
  Speaker 2: individual basis. I'm not sure that that will work in
• 11:25
  Speaker 2: the end. Based on the language of this statue. There
• 11:29
  Speaker 2: may be maybe they need to put out some rules that,
• 11:32
  Speaker 2: you know, have some basic factors just to screen out
• 11:35
  Speaker 2: those that are not asserting they have sincere religious or
• 11:40
  Speaker 2: philosophical beliefs. And so we'll see how that plays out.
• 11:43
  Speaker 2: This will be I think this is the end of
• 11:44
  Speaker 2: the testimony today. Really the most practical issue about whether
• 11:50
  Speaker 2: somebody has a sincere belief or not is I don't
• 11:53
  Speaker 2: think from when I got out of brad Report, I
• 11:55
  Speaker 2: don't know that Judge Frobil is going to really criticize
• 12:00
  Speaker 2: the governor's procedure for addressing these, but ultimately he did
• 12:06
  Speaker 2: the judge did reference this is a public health issue,
• 12:08
  Speaker 2: so it'll be interesting to see what he finds as
• 12:11
  Speaker 2: far as whether this is an mandatory school vaccines is
• 12:16
  Speaker 2: at a narrowly tailored way in which the government can
• 12:23
  Speaker 2: protect the public health, and that's the analysis I think
• 12:27
  Speaker 2: Judge Frobile is kind of concentrating on, and so hopefully
• 12:30
  Speaker 2: he's going to have the lawyers do more briefs and
• 12:33
  Speaker 2: so hopefully the next few weeks will get kind of
• 12:34
  Speaker 2: a ruling from Judge Frobel in this one, but ultimately
• 12:38
  Speaker 2: it's going to be up at the Western Supreme Court
• 12:39
  Speaker 2: of Appeals, and if he enters a final order that's
• 12:43
  Speaker 2: contrary to the other circuits. And I'm not really sure
• 12:47
  Speaker 2: how class action in this context would apply to other
• 12:51
  Speaker 2: circuit judges who are on equal footing with Judge Frobel,
• 12:54
  Speaker 2: who have made opposite decisions. When you have numerous conflicting
• 12:58
  Speaker 2: decisions by the lower courts like we might end up having,
• 13:01
  Speaker 2: and we have at least preliminarily, Now that's why you
• 13:03
  Speaker 2: have to go up to the those are the cases
• 13:04
  Speaker 2: in the federal level that get the US Supreme Court,
• 13:06
  Speaker 2: because you've got a federal court in West Venia it
• 13:08
  Speaker 2: says A, and a federal court in Alabama that says B.
• 13:12
  Speaker 2: And you know, one of them really have precedents to
• 13:16
  Speaker 2: over the other one. And that's what we're kind of
• 13:18
  Speaker 2: getting into here with our Circuit court. So Westernia Supreme
• 13:22
  Speaker 2: Court was going to need to address it. The problem
• 13:25
  Speaker 2: is we've got kid you know, we got this controversy
• 13:27
  Speaker 2: now and kids are in school right now, and so
• 13:29
  Speaker 2: everything's kind of up in the air, and it doesn't
• 13:31
  Speaker 2: sound like the Western Supreme Court is going to make
• 13:34
  Speaker 2: a ruling on it until the spring, although they could
• 13:37
  Speaker 2: take something up maybe preliminarily in the fall if something
• 13:42
  Speaker 2: changes and gets appealed, maybe if Judge Febile makes a
• 13:44
  Speaker 2: final ruling, a Supreme Court might move a little quicker
• 13:47
  Speaker 2: on it. But interesting, interesting scenario. A lot of you're
• 13:51
  Speaker 2: just looking on social media and things, there's a lot
• 13:53
  Speaker 2: of heartfelt thoughts on this both ways. So it goes
• 13:59
  Speaker 2: both directions for sure. And you know, you understand the
• 14:02
  Speaker 2: state school boards position because they've got a very specific
• 14:04
  Speaker 2: statute that says, it's been in place for decades. Then
• 14:08
  Speaker 2: you have this general statute about religious freedom and essence,
• 14:14
  Speaker 2: and it really wasn't passed in the context of the
• 14:18
  Speaker 2: mandatory vaccine law. And then you have if it if
• 14:23
  Speaker 2: it already applied while was the legislature even messing with
• 14:25
  Speaker 2: a debate this past spring about exemptions to the mandatory
• 14:30
  Speaker 2: vaccine law. So, I mean, the way I view it, it
• 14:33
  Speaker 2: kind of it's playing out definitely kind of than I thought.
• 14:38
  Speaker 2: But I thought it's really the the governor trying to
• 14:40
  Speaker 2: impose his personal preference and his will by finding a
• 14:45
  Speaker 2: law that nobody ever really thought applied to mandatory vaccines,
• 14:49
  Speaker 2: because I think the Equal Protection or Religious Religion Act
• 14:52
  Speaker 2: has been in place since maybe twenty twenty three. So
• 14:55
  Speaker 2: only when the legislature wouldn't do it, his administrator straation
• 15:00
  Speaker 2: wanted it to do. Then he enters an executive order
• 15:04
  Speaker 2: and relies upon this other statute that hasn't historically. I'll
• 15:09
  Speaker 2: be at a very short history a couple of years
• 15:11
  Speaker 2: been applied to mandatory vaccines. And what Paul Hardest do
• 15:14
  Speaker 2: you again, makes a lot of sense when he talks,
• 15:20
  Speaker 2: you know, read he had something earlier. This week, maybe
• 15:22
  Speaker 2: last week, he's the president of the state Board of Education.
• 15:26
  Speaker 2: You know, rather than just agree with the governor's interpretation,
• 15:31
  Speaker 2: they're seeking court guidance, which is appropriate. And I think
• 15:34
  Speaker 2: he said, whichever way the courts come down, obviously we're
• 15:36
  Speaker 2: going to end up following that law. But there's certainly
• 15:38
  Speaker 2: a conflict now, and it's it's kind of interesting to
• 15:41
  Speaker 2: watch it me and here through the courts, and and uh,
• 15:43
  Speaker 2: we'll see what Judge Frobel says. You know, our I
• 15:47
  Speaker 2: guess if you think of it in its basic form,
• 15:51
  Speaker 2: our mandatory vaccines before children attend school, which they're also
• 15:56
  Speaker 2: required to do. Uh, is that a appropriate way for
• 16:01
  Speaker 2: the government to address all these different diseases that can
• 16:07
  Speaker 2: occur if you don't have large scale vaccinations of the
• 16:12
  Speaker 2: population with very few exemptions. And is that a narrowly
• 16:15
  Speaker 2: tailored way to Obviously that's a compelling interest. I don't
• 16:18
  Speaker 2: think there's going to be a question there in my mind,
• 16:22
  Speaker 2: But is that is that method the narrowly tailored meaning
• 16:28
  Speaker 2: kind of minimally intrusive way to accomplish that compelling interest
• 16:32
  Speaker 2: of public safety?
• 16:35
  Speaker 4: It's such an interesting you know, there's a lot of
• 16:39
  Speaker 4: emotions that are involved in as well, not to mention,
• 16:41
  Speaker 4: you know, potential life or death situations. So it's not
• 16:43
  Speaker 4: only an intellectual exercise. There's a lot of things that's
• 16:45
  Speaker 4: going on here. The thing that as a as a
• 16:48
  Speaker 4: purely lay observer, not an expert or in any of
• 16:50
  Speaker 4: these matters from the outside. The one thing that I've noticed,
• 16:53
  Speaker 4: and I've lived in multiple states that have passed some
• 16:55
  Speaker 4: versions of these religious freedom of some kind, it seems
• 16:59
  Speaker 4: like that they're and a lot of times they're like
• 17:01
  Speaker 4: alec proposed legislation, you know, they're kind of catch all
• 17:05
  Speaker 4: things that a that a national think tank comes up
• 17:08
  Speaker 4: with and they pass locally. And the thing that I've
• 17:10
  Speaker 4: noticed with a lot of these things, they seem to
• 17:11
  Speaker 4: be kind of catch alls, like they're developed for this reason.
• 17:14
  Speaker 4: The language seems to be so broad that you can
• 17:17
  Speaker 4: try to find ways to push a lot of things
• 17:18
  Speaker 4: into them to try to claim some sort of a
• 17:20
  Speaker 4: religious exemption. And sometimes it seems like a square peg
• 17:23
  Speaker 4: in a round hole. This is just from a from
• 17:24
  Speaker 4: an outsider looking in. It's it's you know, some of
• 17:27
  Speaker 4: these things have been going on forever. It seems kind
• 17:29
  Speaker 4: of weird that suddenly it's that it becomes a concentious issue.
• 17:32
  Speaker 4: And I was curious with what you said a minute
• 17:34
  Speaker 4: ago about there may be being like, you can't test
• 17:36
  Speaker 4: somebody's faith in their religion.
• 17:39
  Speaker 5: I mean, there's just no way to do that there.
• 17:40
  Speaker 4: I mean, supposedly the United States, all religions are equal
• 17:43
  Speaker 4: and you can't take a serious test on each of
• 17:46
  Speaker 4: those religions. But it could there be some sort of barrier,
• 17:50
  Speaker 4: like if somebody says my body is a temple, but
• 17:52
  Speaker 4: they obviously live like an absolute trash can and.
• 17:54
  Speaker 2: When you dress. There's in the cases that I have
• 17:57
  Speaker 2: read just out of curiosity more than anything else regarding
• 18:00
  Speaker 2: this issue. That's the credibility assessment. So yeah, that's one
• 18:03
  Speaker 2: of the things they references, like, well, this person's behavior
• 18:07
  Speaker 2: in every other aspect of their life is inconsistent with
• 18:09
  Speaker 2: what they say their religious belief is when they don't
• 18:11
  Speaker 2: want to do this one particular task. But that's not
• 18:17
  Speaker 2: the end all be all of the analysis. That's one
• 18:20
  Speaker 2: assessment because at the same time, the very nature of
• 18:26
  Speaker 2: philosophical or religious beliefs is that they can person's mind
• 18:29
  Speaker 2: can change every time they learn something, or I mean
• 18:32
  Speaker 2: people convert all the time, and so you know that
• 18:37
  Speaker 2: those past behaviors are relevant but not absolute. And that's
• 18:42
  Speaker 2: where it becomes difficult when you get into credit. I
• 18:45
  Speaker 2: mean a lot of the cases I read on like
• 18:48
  Speaker 2: you get some employment cases. Let's say, and I won't
• 18:51
  Speaker 2: take a particular religion, but let's say that somebody there's
• 18:54
  Speaker 2: a religion that says, you know, you're not to work
• 18:55
  Speaker 2: on Saturdays, and your employer mandates that you have to
• 19:00
  Speaker 2: work on Saturdays, and you say, well, I want an
• 19:02
  Speaker 2: exemption from our religion, and so well, then can they
• 19:08
  Speaker 2: make you work on Saturdays or not? Or they need
• 19:10
  Speaker 2: to accommodate your schedule? Well, I could you know if
• 19:13
  Speaker 2: I don't want to work on Saturdays and I've never
• 19:17
  Speaker 2: practiced the religion that prohibits working on Saturdays and until
• 19:22
  Speaker 2: I get this job, I mean, certainly that would be suspect.
• 19:25
  Speaker 2: But maybe I just changed religions the month before I
• 19:30
  Speaker 2: got this particular job. So it's but those cases like that,
• 19:34
  Speaker 2: There are cases like that, and the ones I've read. Generally,
• 19:39
  Speaker 2: you have to have a fact founder, which the normal
• 19:42
  Speaker 2: fact founder when you have controversies about credibility are juries, which, obviously,
• 19:48
  Speaker 2: in the context we're talking about it here in West Virginia.
• 19:50
  Speaker 2: You can't have jury trials on whether I don't think
• 19:53
  Speaker 2: on whether every person that applies has a sincerely held
• 19:57
  Speaker 2: religious or philosophical belief. But you could have some administry
• 20:00
  Speaker 2: of determination or you know, it happens all the time.
• 20:04
  Speaker 2: You have administrative law judges who hear cases for things
• 20:09
  Speaker 2: like drivers' licenses, whether you meet the definitions of disability
• 20:15
  Speaker 2: for security and other things. So you I mean conceivably
• 20:19
  Speaker 2: there there could need to be a whole system set
• 20:22
  Speaker 2: up just to address these claims. And and of course
• 20:26
  Speaker 2: they're already one of the reasons Judge Froble certified this
• 20:30
  Speaker 2: or I think he's going to certify this as a
• 20:32
  Speaker 2: class of individuals similarly situated, because they already have hundreds
• 20:36
  Speaker 2: of folks that have submitted their online applications for their
• 20:39
  Speaker 2: children to be exempt from So you know, as this
• 20:44
  Speaker 2: filters through, if if they do need to make an
• 20:47
  Speaker 2: independent determination of whether somebody has a sincerely held religious
• 20:51
  Speaker 2: or philosophical belief, then they may have to set up
• 20:56
  Speaker 2: some procedure to make that analysis. It doesn't mean it's
• 20:59
  Speaker 2: going to result in jury trials or even lawsuits to
• 21:02
  Speaker 2: the court, but maybe some administrative process, a summary type proceeding.
• 21:07
  Speaker 2: There's a quick hearing to determine whether it's sincere or
• 21:11
  Speaker 2: not and then move on from there. Of course, you
• 21:14
  Speaker 2: can always appeal that to the to the Circuit court,
• 21:17
  Speaker 2: or then to the Supreme Court if you want, but
• 21:20
  Speaker 2: a lot of times those appeals are very limited. Don't
• 21:23
  Speaker 2: get a whole new bite at to apple when you
• 21:25
  Speaker 2: get a circuit court. It's just one of the procedural
• 21:28
  Speaker 2: judge made any clear legal errors and that kind of thing.
• 21:31
  Speaker 2: So we'll see how it plays out. But that that
• 21:34
  Speaker 2: might end up being necessary in order to apply the law.
• 21:38
  Speaker 2: Of course, that's not there is no there's no statute
• 21:43
  Speaker 2: that permits that right now under under the Equal Protection
• 21:47
  Speaker 2: for Religion Act. It just so right now, you end
• 21:50
  Speaker 2: up in circuit court if there's some challenge to sincerity
• 21:53
  Speaker 2: or uh, that kind of thing. So, and that's that's
• 21:56
  Speaker 2: where we are. Of course, this is the first time
• 21:57
  Speaker 2: we've gone through it in the first school year, so
• 21:59
  Speaker 2: it's uh, it's interesting to see how it will play out.
• 22:03
  Speaker 2: And I'm curious of what Judge Farible's ultimate ruling will
• 22:06
  Speaker 2: be on this. He grant he's the one judge I
• 22:09
  Speaker 2: think so far that granted the preliminary injunction that allows
• 22:13
  Speaker 2: kids to attend school without the mandatory immunization. So tend
• 22:18
  Speaker 2: to think he's leaning that direction because one of the
• 22:21
  Speaker 2: factors when you do a preliminary injunction is the likelihood
• 22:23
  Speaker 2: that which party is going to probably win in the end,
• 22:27
  Speaker 2: And so he seems to be an indicator that he
• 22:29
  Speaker 2: thinks most likely under the law, the parents who don't
• 22:34
  Speaker 2: with their children vaccinated are going to prevail. But uh,
• 22:38
  Speaker 2: it's not that simple because he's taken a lot of
• 22:39
  Speaker 2: testimony and and and he's even subpoened folks himself from
• 22:44
  Speaker 2: the court. Usually the lawyers or the parties are the
• 22:46
  Speaker 2: ones that request or subpoena is to require witnesses to
• 22:50
  Speaker 2: show up. But doctor McDaniel, it's coming this morning, was
• 22:53
  Speaker 2: actually subpoenaed by the judge, which is unusual, not not
• 22:57
  Speaker 2: unheard of, but unusual. So he Rayble's thinking about it,
• 23:01
  Speaker 2: and it'll be interesting to see where he comes down
• 23:03
  Speaker 2: on it. But ultimately decided by the Supreme Court, but
• 23:05
  Speaker 2: it won't be until yeah, so spring it best.
• 23:08
  Speaker 4: So that's a great breakdown by Tom Payton from the
• 23:11
  Speaker 4: Payton Law Firm. We can thow things in a little
• 23:13
  Speaker 4: bit more locally for any issues that you're tackling that
• 23:16
  Speaker 4: has to do with the law. If you want to
• 23:17
  Speaker 4: put the power of Payton on your side this morning,
• 23:18
  Speaker 4: you can give us a call three zero four three
• 23:20
  Speaker 4: four five fifty fifty. We'll take a break here. It's
• 23:21
  Speaker 4: a perfect time to give us a call if you
• 23:23
  Speaker 4: want to get ready. Threes are four three four five
• 23:24
  Speaker 4: fifty eight fifty eight. Give us a call. We'll get
• 23:26
  Speaker 4: you on the air with a Payton law firm. You
• 23:27
  Speaker 4: can find out more information online Peyton Lawfirm dot com.
• 23:30
  Speaker 4: That's pey t you and Peyton Lawfirm dot com located
• 23:32
  Speaker 4: in Nitro, West Virginia. Thereforee numbers three are A four
• 23:35
  Speaker 4: seven five five fifty five fifty six. Threes are four
• 23:37
  Speaker 4: seven five five fifty five fifty six. We'll take a
• 23:40
  Speaker 4: break and be back right after this, and then you
• 23:41
  Speaker 4: can give us a call. You can control the next
• 23:43
  Speaker 4: topic of conversation by give us a call at three
• 23:45
  Speaker 4: zero four three four five fifty eight fifty eight. We'll
• 23:47
  Speaker 4: be back right to this. You're asking, you're listening to
• 23:49
  Speaker 4: ask the law. You're on five at E W c
• 23:51
  Speaker 4: HS The Voice of Charleston.
• 23:52
  Speaker 6: Why do people trust Peyton Law Firm for personal injury
• 23:55
  Speaker 6: claims in West Virginia? Simple, Tom and Harvey are from here,
• 24:00
  Speaker 6: live here, and they're proud of it. If you've been
• 24:02
  Speaker 6: hurt and you want no nonsense representation that gets results,
• 24:06
  Speaker 6: you want the Peyton Law Firm. Don't let insurance companies
• 24:10
  Speaker 6: take advantage of you. Call three zero, four, seven, five,
• 24:13
  Speaker 6: five fifty five fifty six today for a free consultation.
• 24:18
  Speaker 6: Discover more at Peyton Lawfirm dot com.
• 24:21
  Speaker 7: The West Virginia Book Festival returns to the Charleston Coliseum
• 24:25
  Speaker 7: and Convention Center on Saturday, October twenty fifth. Meet Pulitzer
• 24:30
  Speaker 7: Prize winner and West Virginia native Jane Ann Phillips, best
• 24:34
  Speaker 7: selling author Neil Schusterman, novelist and professor Rajiya Hasib, and
• 24:39
  Speaker 7: historical novelist Jeff Sharah. Check out the used book sale,
• 24:44
  Speaker 7: children's wordplay, and the festival marketplace. It's all free. More
• 24:48
  Speaker 7: details at WV Book Festival dot org.
• 25:05
  Speaker 4: It's about thirteen minutes until the top of the hour,
• 25:07
  Speaker 4: still plenty of time to give us a call this morning.
• 25:08
  Speaker 4: Threes are four, three, four, five, fifty eight, fifteenth for
• 25:10
  Speaker 4: the power of Peyton on your side this morning. Threes
• 25:12
  Speaker 4: are four three, four, five, fifty eight fifteen. Anything that
• 25:15
  Speaker 4: you need to do to put the law on your side.
• 25:16
  Speaker 4: Of course, Peyton Law Firm is your hometown. Attorneys that
• 25:20
  Speaker 4: have been that are licensed in the state of West Virginia,
• 25:22
  Speaker 4: live in the state of West Virginia, lifelong residents just
• 25:24
  Speaker 4: in Nitro, West Virginia. So you can give us call
• 25:26
  Speaker 4: this morning if you have any questions. Threes are four three, four, five,
• 25:28
  Speaker 4: fifteen to fifteen.
• 25:29
  Speaker 2: That's right, all our ads, if you hear one of
• 25:32
  Speaker 2: our lawyers, which is mere Dad talking, will be lawyers
• 25:37
  Speaker 2: actually licensed in the state of West Virginia. You've actually
• 25:39
  Speaker 2: worked here for decades and decades and decades, so and
• 25:43
  Speaker 2: I'm licensing o Hio too. Don't do anything but injury
• 25:46
  Speaker 2: work over no highs. I don't do any state planning
• 25:48
  Speaker 2: or family law and that kind of thing like we
• 25:51
  Speaker 2: do here in West Virginia. But if you have an
• 25:53
  Speaker 2: injury case, get a lot of cases from across the
• 25:55
  Speaker 2: river in Huntington Mason County over that direction, and so
• 26:01
  Speaker 2: we do those. And of course you know our bread
• 26:05
  Speaker 2: and butter as we say, you know civil litigation. We
• 26:07
  Speaker 2: do a lot of insurance disputes people that have been
• 26:09
  Speaker 2: injured and autobile accidents, trucking accidents, things like that. Of course,
• 26:15
  Speaker 2: you know, you don't know who that's going to be,
• 26:17
  Speaker 2: because nobody goes out in the morning expecting to get
• 26:19
  Speaker 2: rear into by a tractor trailer or fall in an
• 26:23
  Speaker 2: icy parking lot because the property entner didn't bother to
• 26:28
  Speaker 2: clean it up before inviting customers onto the premises. You
• 26:31
  Speaker 2: just don't, So you don't really know who you are
• 26:34
  Speaker 2: or your family. You don't know who those folks are
• 26:36
  Speaker 2: going to be until it happens, and you hope it
• 26:37
  Speaker 2: doesn't happen. But at the same time, we also do
• 26:41
  Speaker 2: that's because we like to help people. Really, we do
• 26:43
  Speaker 2: basic state planning, wills, deeds, things like that. So if
• 26:49
  Speaker 2: you have those type of concerns and there really isn't
• 26:51
  Speaker 2: any the old adage there isn't such thing as a
• 26:54
  Speaker 2: stupid question, but there really isn't when you're not a
• 26:56
  Speaker 2: lawyer and you have some question about the law. So
• 27:00
  Speaker 2: if you ask a question of us, even if we
• 27:02
  Speaker 2: view it as a simple one, you're going to get
• 27:04
  Speaker 2: a good consciencence answer from our office and we don't
• 27:10
  Speaker 2: you know, all injury cases and insurance cases we handle
• 27:13
  Speaker 2: on contingency fees. So it's always it's free all the
• 27:16
  Speaker 2: way up until we make some recovery for you. And
• 27:19
  Speaker 2: if something goes bad in the case that we didn't
• 27:21
  Speaker 2: expect and you don't get a recovery, then you don't
• 27:23
  Speaker 2: know us for a time, and you don't know us
• 27:24
  Speaker 2: for costs we might have advanced for experts and filing
• 27:28
  Speaker 2: fees and things like that. So those are all you know,
• 27:32
  Speaker 2: basically free representation until the time comes we actually get
• 27:35
  Speaker 2: a successful result. But if you have a question about
• 27:41
  Speaker 2: you know, boundary dispute and a state administration issue, you
• 27:46
  Speaker 2: can send us an email through our website at Peyton
• 27:49
  Speaker 2: Lawfirm dot com, or you can give us a call
• 27:50
  Speaker 2: and we we answer those initial basic questions without those
• 27:54
  Speaker 2: are all free consultations too. I mean doesn't mean you
• 27:57
  Speaker 2: to come in the office and that's more difficult. Easily
• 28:00
  Speaker 2: you can answer them online or a quick phone call
• 28:02
  Speaker 2: and kind of get folks in the in the right direction.
• 28:05
  Speaker 2: So if you if you have a family member pass
• 28:08
  Speaker 2: away and you want to know, for example, what do
• 28:10
  Speaker 2: I need to go through the probate process. Well maybe,
• 28:16
  Speaker 2: but once you if you run to the courthouse and
• 28:19
  Speaker 2: then the courthouse tells you need to go through probate,
• 28:21
  Speaker 2: and once you open that estate and get appointed, for example,
• 28:24
  Speaker 2: if somebody's executor or administrator of their estate, you're pretty
• 28:27
  Speaker 2: much in it and you've got to go through the
• 28:28
  Speaker 2: entire process. And probably in the last six months, I've
• 28:31
  Speaker 2: had a dozen folks that have come to me after
• 28:35
  Speaker 2: they've been appointed so we can help them, you know,
• 28:37
  Speaker 2: the estate administration, and they really probably didn't even need
• 28:42
  Speaker 2: to go through probate if they would have just given
• 28:43
  Speaker 2: us a call beforehand. So, but your instinct is to
• 28:48
  Speaker 2: go to the courthouse. And now, of course there's just
• 28:50
  Speaker 2: humans in the courthouse and a lot a lot of
• 28:52
  Speaker 2: folks that work there. They do. I think most of
• 28:55
  Speaker 2: the staff, certainly in Putnam and Kinnaw County, who I
• 28:58
  Speaker 2: deal with most frequently, do a good job. But they
• 29:01
  Speaker 2: aren't ninety nine point nine percent aren't lawyers when you
• 29:04
  Speaker 2: go there, and they're really not. They're really prohibited from
• 29:07
  Speaker 2: giving legal advice, but they're trying to help folks, so
• 29:09
  Speaker 2: they give them information, but and it's it's they can't
• 29:13
  Speaker 2: give legal advice. So you know, if you have some
• 29:17
  Speaker 2: question in your mind about whether you need to do
• 29:20
  Speaker 2: this or that for in a state for example, or
• 29:23
  Speaker 2: uh maybe a ded issue how it relates to property tax,
• 29:28
  Speaker 2: you might want to just give us a quick call
• 29:30
  Speaker 2: or email and we can get it straightened out and
• 29:33
  Speaker 2: then if you need some work done, we certainly do
• 29:35
  Speaker 2: that do a lot of social scared disability cases too.
• 29:37
  Speaker 2: Those are also so scared disability. Is often overlooked, but
• 29:42
  Speaker 2: it is so important because you know, you hear about
• 29:45
  Speaker 2: well he's on disability, but he's out there mona his
• 29:47
  Speaker 2: lawn or something, people digging a ditch or whatever it is.
• 29:51
  Speaker 2: And there's certainly people on so scared disability that should
• 29:54
  Speaker 2: not be on so scared disability because they have the
• 29:56
  Speaker 2: ability to work full time. But I will tell you
• 29:58
  Speaker 2: that I try and screen those out of course when
• 30:02
  Speaker 2: we take cases. But most of my folks are hard
• 30:07
  Speaker 2: working people that have had you know, mortunately injuries or
• 30:10
  Speaker 2: illnesses that have just are now preventing them from working,
• 30:14
  Speaker 2: and then they develop mental health issues because people that
• 30:18
  Speaker 2: like us, that are used to working all the time,
• 30:20
  Speaker 2: you get depressed when you can't. You go out there
• 30:23
  Speaker 2: and work and they and they try and try, but ultimately,
• 30:25
  Speaker 2: when you apply for Social Security disability, you're usually not
• 30:29
  Speaker 2: working at all by that time. You can work a
• 30:31
  Speaker 2: little bit and still be considered disabled, but it's very
• 30:35
  Speaker 2: minimal income. It will be part time type work that's
• 30:39
  Speaker 2: that's basically sedentary. Then you might still be able to
• 30:41
  Speaker 2: get on disability. But when you apply, and why it's
• 30:45
  Speaker 2: so important, there's no you don't get a temporary payment
• 30:49
  Speaker 2: from the government. You get nothing until you win your case,
• 30:52
  Speaker 2: and the there is a bicklog at Social Security. It's
• 30:56
  Speaker 2: easy to file an application. They do them by phone.
• 30:58
  Speaker 2: You're basically just answering some questions. If you get better
• 31:02
  Speaker 2: during the SO Security process, you just go back to
• 31:06
  Speaker 2: work and drop your claim. There's no filing fee. But
• 31:10
  Speaker 2: generally from the time you file an application for social
• 31:13
  Speaker 2: care disability, and probably ninety eight percent of them are
• 31:16
  Speaker 2: not decided until you have a hearing, and you have
• 31:18
  Speaker 2: to jump through some other appeal hoops before you get there,
• 31:21
  Speaker 2: so you're playing on when from the time you apply
• 31:24
  Speaker 2: for SO security disability, you pretty well bank on a
• 31:26
  Speaker 2: couple of years before you'll get any benefit. So you've
• 31:29
  Speaker 2: got that two year period with no income, and so
• 31:33
  Speaker 2: what do you do? Well, it's it's real difficult. It's
• 31:37
  Speaker 2: everybody has a different scenario. If you're lucky enough to
• 31:39
  Speaker 2: have a spouse that can support you or family to
• 31:41
  Speaker 2: help you, then that's great. I've had clients that just
• 31:44
  Speaker 2: don't really have anybody. They're literally sometimes they get forced
• 31:48
  Speaker 2: into bankruptcy, sometimes they have to borrow money. Sometimes they're
• 31:52
  Speaker 2: bouncing around from friend's house to friend's house or even shelters.
• 31:57
  Speaker 2: And so that hearing that you end up getting is
• 32:02
  Speaker 2: with very few exceptions. You're one bite at to apple
• 32:04
  Speaker 2: to try and get approved for SO security disability. So
• 32:07
  Speaker 2: it's important, and don't we don't have thousands of those cases.
• 32:11
  Speaker 2: I handle them personally with my staff, so I know
• 32:14
  Speaker 2: what's going on. With every security disability case I have,
• 32:18
  Speaker 2: we have met and prepared you for a hearing and
• 32:20
  Speaker 2: made sure that all the information is there, so we
• 32:23
  Speaker 2: usually have a pretty good success rate. Can't win them
• 32:25
  Speaker 2: all if anybody says that they're lying to you. You
• 32:29
  Speaker 2: can also have non lawyers represent you in SO security
• 32:31
  Speaker 2: disability claims, which I strongly discourage.
• 32:35
  Speaker 5: It seems dangerous.
• 32:36
  Speaker 2: Well yeah, and it's it's the one realm where one
• 32:39
  Speaker 2: of the very few realms under the law where someone
• 32:43
  Speaker 2: who's not a lawyer can represent another person in what
• 32:46
  Speaker 2: is an essence in court. Otherwise that's prohibited, it would
• 32:49
  Speaker 2: be unauthorized practice of law, but they allowed in so security,
• 32:51
  Speaker 2: so you get some non lawyer advocates. But those cases
• 32:55
  Speaker 2: are also contingent, meaning if we accept the case, then
• 33:00
  Speaker 2: we don't get paid unless we win the claim. So
• 33:04
  Speaker 2: because there are so important, you really have folks who'll
• 33:06
  Speaker 2: try and go through it themselves and sometimes to say,
• 33:09
  Speaker 2: have a hearing and lose and there's not much we
• 33:11
  Speaker 2: can do after that to help them out. But you
• 33:14
  Speaker 2: can hire a lawyer if we're willing to take your case,
• 33:18
  Speaker 2: and then you don't have to pay any money up front.
• 33:21
  Speaker 2: It's all contingency fee and it doesn't come out of
• 33:23
  Speaker 2: your future monthly benefit. The lawyer gets a percentage of
• 33:26
  Speaker 2: the back pay and it's set by federal law and
• 33:28
  Speaker 2: it's capped, and then we front all the costs as well,
• 33:32
  Speaker 2: which don't have to be reimbursed to us unless we
• 33:35
  Speaker 2: win the claim. But I really that's another area or
• 33:37
  Speaker 2: a strong encourage folks to contact the competent attorney if
• 33:42
  Speaker 2: you apply for CIS Carey disability because you get past
• 33:44
  Speaker 2: that two year mark or whenever you have your hearing
• 33:46
  Speaker 2: and you lose, that's years and years of income you've lost,
• 33:50
  Speaker 2: because if you win, you get back paid. So they'll
• 33:52
  Speaker 2: go back and say, well, when was Tom Payton disabled?
• 33:56
  Speaker 2: All right, so for maybe each of those months leading
• 33:58
  Speaker 2: up to present, you know, we've got to pay that
• 34:01
  Speaker 2: lump sum back, and it can be oftentimes. I've had
• 34:05
  Speaker 2: more than one case where we've recovered back pay for
• 34:08
  Speaker 2: clients in the six figures because some technical issues that
• 34:12
  Speaker 2: cause their claim to drag in for years and years
• 34:14
  Speaker 2: and years. And certainly a lot of our cases were
• 34:17
  Speaker 2: getting you know, five figure back pay awards. And but
• 34:24
  Speaker 2: you go through that hearing with maybe a lawyer that
• 34:27
  Speaker 2: just mills these claims out and doesn't pay a lot
• 34:30
  Speaker 2: of attention to it, or a lawyer that you don't
• 34:31
  Speaker 2: even talk to until you actually get to the hearing.
• 34:34
  Speaker 2: That's your one shot at it. So you want to
• 34:36
  Speaker 2: be careful on who you select if you apply for
• 34:39
  Speaker 2: such carry disability, because it's you know, folks that aren't
• 34:43
  Speaker 2: disabled or have to go through that process don't realize
• 34:45
  Speaker 2: how critical that can be. Car wreck case, you get
• 34:50
  Speaker 2: whiplash or you know, maybe need some chiropractic treatment, physical
• 34:54
  Speaker 2: therapy better in a year, still working just to able
• 34:56
  Speaker 2: to work, and you still have some other income, and
• 35:00
  Speaker 2: we want to try and get a recovery for you
• 35:01
  Speaker 2: that you know satisfies the client. But you know you're
• 35:05
  Speaker 2: getting a so security disability claim. If you really can't work,
• 35:10
  Speaker 2: then no matter how your hearing turns out, if you lose,
• 35:12
  Speaker 2: you still can't work, so you still don't have income.
• 35:14
  Speaker 2: So they're just really important cases. And so I strongly
• 35:17
  Speaker 2: encourage folks out there. If you one, if you think
• 35:21
  Speaker 2: you've got an injury illness it's going to keep you
• 35:23
  Speaker 2: from working for at least twelve months, go ahead and
• 35:25
  Speaker 2: file your application. There's no trick to it. I tell
• 35:28
  Speaker 2: all my clients to file on their own, because there's
• 35:30
  Speaker 2: that one in a million chants that you might be
• 35:35
  Speaker 2: granted with your application depending on what your illness is.
• 35:37
  Speaker 2: Non You don't have to pay your lawyer and you
• 35:38
  Speaker 2: don't have to pay anything out of your back pay.
• 35:40
  Speaker 2: But once you're denied, then we can take over. And
• 35:43
  Speaker 2: that's when you kind of give us a call. But
• 35:44
  Speaker 2: you you basically want to get in line because it's
• 35:47
  Speaker 2: a line, and so that you want to get in early.
• 35:51
  Speaker 2: Soon as you think you might have a problem that's
• 35:53
  Speaker 2: going to keep you from working for twelve months, you
• 35:54
  Speaker 2: want to go ahead and make that call of security
• 35:56
  Speaker 2: and file your application.
• 35:57
  Speaker 4: So you should expect the denial. You shouldn't be's. Yeah,
• 36:00
  Speaker 4: you shouldn't necessarily be like, well, that's it. I'll never
• 36:02
  Speaker 4: get benefits. Like if you get denied, immediately contact the
• 36:05
  Speaker 4: Payton Law firm. Christ, chances are, yeah, Chris.
• 36:07
  Speaker 2: When I instruct folks to go ahead and apply on
• 36:08
  Speaker 2: their own, I don't always know the result, right, but
• 36:11
  Speaker 2: sometimes we do get some follow ups, and so I mean,
• 36:15
  Speaker 2: I gosh, I don't know what the rating is, but
• 36:17
  Speaker 2: it's probably one percent or less that get approved on
• 36:20
  Speaker 2: the initial application. Then you get a denial, usually sixty
• 36:22
  Speaker 2: to nine days out after your application. That's when we
• 36:24
  Speaker 2: can you call us. We look at the denial letter,
• 36:27
  Speaker 2: we'll do an analysis of whether it's a claim. We
• 36:29
  Speaker 2: think we have a decent chance of success, and if
• 36:32
  Speaker 2: we take it on, then you know, we do all
• 36:34
  Speaker 2: the work and and we generally have a pretty good
• 36:37
  Speaker 2: success rate. Can't win them all, that's not possible, but
• 36:40
  Speaker 2: all right out time, Yeah them left, Well, look forward
• 36:43
  Speaker 2: to coming back next week. And if you need a
• 36:46
  Speaker 2: lawyer for your reason, don't hesitate to give us a
• 36:47
  Speaker 2: call or send us an email or stop by the
• 36:49
  Speaker 2: office twenty oh one First Avenue in Night Trip.
• 36:52
  Speaker 4: That's right, that's the Paytent Law Firm. Every Thursday right
• 36:54
  Speaker 4: here at eight twenty you can ask the lawyer with
• 36:56
  Speaker 4: the Payton Law Firm, either Tom or Harvey stops by
• 36:58
  Speaker 4: to take your questions or to talk about the law
• 37:00
  Speaker 4: as it might be happening.
• 37:01
  Speaker 5: You can find more information online. It's Payton Lawfirm dot com.
• 37:04
  Speaker 4: Paytonlawfirm dot com, located in Nitro, West Virginia three zero
• 37:07
  Speaker 4: four seven five five fifty five fifty six three zer
• 37:09
  Speaker 4: four seven five five fifty five fifty six. Also WCCHS
• 37:13
  Speaker 4: Network dot com slash ask the Lawyer. If you want
• 37:15
  Speaker 4: to listen to any past episodes, that'll do it for
• 37:17
  Speaker 4: us today. Coming up next will be Dave Allen on
• 37:19
  Speaker 4: five eighty Live. They'll be followed by Talklin with TJ
• 37:22
  Speaker 4: and Dave Wilson and then h Dave Allen and Amanda
• 37:26
  Speaker 4: Barron will be back this afternoon from midday, and I'll
• 37:28
  Speaker 4: be back with Dave weekly this afternoon at three or
• 37:30
  Speaker 4: six on hotline. Thanks so much for tuning in everyone.
• 37:32
  Speaker 4: This is five ADWCHS, the voice for Charleston.
• 37:38
  Speaker 6: Five AWHSAM ninety six point five at Don Charleston one
• 37:42
  Speaker 6: oh four point five Cross Lanes, WVRC Media Station.
• 37:47
  Speaker 2: We are proud to live here too,