Dellutri Law Group - April 2022

Dellutri Law Group - April 2022

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Many of our clients never come into the office. We use technology to handle their cases virtually all across Florida.

APRIL 2022

Growing Together with You

Kick Distracted Driving to the Curb! Here in Southwest Florida, not a day goes by that I don’t see someone on the road with a cellphone in their hand. I have to ask: Is holding your iPhone the new 10 and 2 position? That’s the only explanation I can think of for so many people being blatantly unsafe. I’m not saying this to scare you (okay, maybe a little) but because I’ve seen truly horrifying crashes involving distracted drivers. These crashes kill people everyday. It’s tragic, and I don’t want you to be next. 2 TIPS TO SAVE YOUR FAMILY’S LIVES

2. Buy the best auto insurance you can. Do not try to save money by switching to Geico or get $400 back by switching to Allstate. Never do that. Instead, find a good insurance agent you can trust and buy the best auto insurance policy you can afford. I recommend going WAY above Florida’s minimum requirements because they’re horrifyingly low. The insurance lobby spends a lot of money in Tallahassee. People come through our doors at Dellutri Law Group with $100,000 injuries and just $10,000 of insurance all the time, and again, I don’t want you to be one of them! You need to be proactive because you never know when someone will pop out in front of you and slam on the brakes. If you need help finding a trustworthy insurance agent in your area, call my team and we’ll do everything we can to connect you. If I sound really passionate about this insurance thing, it’s because I am! In fact, I literally wrote the book on it. It’s called “Florida Auto Insurance Guide: Are You Covered?” and you can download a free copy by following the QR code. You’ll also find other free resources there like the “Glove Compartment Accident

Seeing young kids and older drivers with their phones out on the road drives me crazy, because not only are they putting their own lives at risk, they’re risking mine too — and I have no control over it! Well, that’s not entirely true. I have a tiny bit of control, not over the accident, but over how things will go if someone hits me while texting their significant other or BFF. I know how to get that control, because I’m a car accident attorney and I’ve seen this problem from the other side. But you’re in luck — April is National Distracted Driving Awareness Month, and I’m going to share my secrets with you. Here we go: If you want to protect yourself and your family against distracted driving accidents, there are two things you can do. 1. Don’t be part of the problem. Pay attention to the road and put your phone away. If you have to take a call or return an email and it can’t wait, pull over into a safe spot or hand the phone to someone else in the car. Personally, I don’t even use my phone “hands free” because it’s still dangerous! I don’t care how experienced you are. I don’t care if you’ve won an award for “Best Driver in the World.” You’re human, and when you make the decision to answer a phone call, email, or text, you WILL be distracted, and distractions significantly reduce your reaction time. And remember, if you hurt someone on the road because you’re distracted, the injured person’s attorney can and will use your phone records against you. If you were texting or taking a call when the crash happened, they’ll dig up that proof.

Checklist.” You can print that bad boy out and put it in your glove box so you know exactly what to do in case of an accident. Do me a favor — follow that QR code, and stay safe!

–Carmen Dellutri

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5 STEPS TO TAKE BEFORE FILING FOR BANKRUPTCY

4. Make a list of all your monthly expenses. Start with mortgage or rent including HOA, electric, insurance, other utilities, internet, cellphone, clothing, cleaning supplies, pet care, gas, and car maintenance. I suggest going back one year in your checkbook to see where your money goes.

What steps should I take before filing for bankruptcy protection?

This is an excellent question, and there are many different answers. Here, I will describe the top five things you should do when you are considering filing for bankruptcy protection. 1. Find the best bankruptcy attorney you can. Please note that I did not say the cheapest. Also, do not pick one because they are the oldest and advertise that they have 40 years of experience. These are not good indicators of the best bankruptcy attorney in town. Do not just pick the attorney your friend used two or three years ago. Make sure you go on the internet and do your research. If you want, I will gladly send you a free book titled: “How to Find, Interview, and Hire the Best Bankruptcy Attorney.” This book breaks down all the steps you need to take to find the best bankruptcy attorney in town. Once you find the best bankruptcy attorney in town, you will then set up an interview either by phone, Zoom, or in person. 2. You want to show up to that meeting fully prepared. You will want to have your paystubs for the last six months, and your spouse’s, if necessary; your tax returns for the last three years; a list of all your creditors, their mailing addresses, and account numbers; monthly statements; and if possible, six months of your bank statements from all financial accounts, just for a start. 3. Make a list of all your assets. Start with real estate, move onto motor vehicles, boats, RVs, motorcycles, then work on household goods and furnishings, musical instruments, jewelry, and clothing.

5. Make a list of questions to ask the attorney. If you are concerned about

losing your home, ask the attorney. If you are concerned about losing your car, ask the attorney. If you are concerned about the cost, ask the attorney. If you are concerned about how long the bankruptcy process will take, ask an attorney. If you are concerned about which chapter under the bankruptcy code to file, ask the attorney. Listen to what the attorney has to say, and if you feel comfortable with this attorney, ask for a copy of the fee agreement. Before you sign the agreement, read it and ask questions. If you are comfortable signing the agreement, go ahead and sign it and get started. If you are not comfortable with the attorney after the interview or after reading the agreement, thank them and set up an appointment with someone else.

–Carmen Dellutri

“I am very pleased to wholeheartedly recommend the entire Dellutri Law Group, and specifically Joe LoTempio, to you for your legal needs. My many years of involvement with them has revealed their extreme competence, capability, and professionalism. They are very knowledgeable and organized, and it would be an immense challenge for anyone to find a more compassionate and considerate group of individuals. Mr. LoTempio quickly grasped the entirety of my complex situation, formulated a plan with well-thought-out solutions identified, and swiftly and accurately concluded the several aspects of my case. He is personable, engages well with others, and exhibits high levels of motivation and quality of character. Without hesitation, I would advise utilizing Mr. LoTempio and the Dellutri Law Group for your legal needs!” –W.K. google review , jan . 2022 Testimonial Our Clients Say It Best

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ONE-PAN CHICKEN TACOS Inspired by TasteOfHome.com

DLG Passion Projects

This recipe from TikTok user @violet.cooks almost broke the internet — and you’ll see why! The fried tortillas make it out-of-this-world delicious.

If you have ever had the pleasure of being one of Amanda Downing’s clients, you’ll know she says what she means and doesn’t mince words when it comes to the opposing side. She has the biggest heart and will fight tooth and nail to bring justice for her personal injury clients. When you ask Amanda about the No. 1 thing she has seen in her career that could have prevented an accident, she will tell you, “Distracted driving, hands down. Cellphones are the worst!” Amanda has spent much of her career as an attorney fighting daily for those accident victims who weren’t at fault. “They did nothing wrong. Imagine driving down the road with your kids, completely minding your own business. You’re following the rules of the road, not using a cellphone, not allowing distractions, when suddenly, out of nowhere, comes a drunk driver, head-on, down a one- way road. It’s the absolute worst. I hate having to go to bat for those victims because they never should have been put in that situation to begin with. It’s just completely unfair.” That’s why when we asked Amanda who she was choosing for her Dellutri Law Group Passion Project, she chose MADD without hesitation. “They are fighting the same fight we are. These are real families hurting due to someone else’s negligence. They need our help.

INGREDIENTS

• 1 lb chicken breasts, sliced into 1-inch pieces • 2 tbsp garlic powder • 2 tbsp cumin • 2 tbsp chipotle powder • Canola oil (for frying) • Corn tortillas • Grated cheddar cheese • Pico de gallo and guacamole salsa (to taste)

DIRECTIONS

1. In a mixing bowl, combine the chicken pieces, garlic powder, cumin, and chipotle powder. Mix until the chicken is coated. 2. In a frying pan, heat the oil. When the oil is hot, add the chicken mixture. Cook on medium heat for 5–8 minutes. 3. Remove the chicken from the pan, and add the corn tortillas (avoid overlapping) so they soak up the juices. Flip the tortillas and repeat. Then, add chicken and grated cheddar to each tortilla and fold it over the filling — in the pan. 4. Cook the tacos for 3 minutes per side until the tortillas are crispy and the cheese is melted. 5. Top with pico and guacamole salsa, and serve! Last month we had ... • 56 referrals from friends, family, or previous clients • 24 returning clients for a new matter • 25 referrals from other attorneys • 5 referrals from other professionals in town • We sent out 113 referrals to our trusted referral partners A Huge Thank-You to Our Referral Partners!

To learn more about MADD and how you can help, check out their website: MADD.org/southwest-florida.

What’s the Good News ?

“I sought the LORD, and He answered me and delivered me from all my fears. Those who look to Him are radiant, and their faces shall never be ashamed. Oh, taste and see that the LORD is good! Blessed is the one who takes refuge in Him!” PSALM 34:4–5, 8

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InsideThis Issue

1 This Advice Could Save Your Life 2 Take These 5 Steps Before Filing for Bankruptcy 2 Testimonial

3 DLG Passion Projects 3 One-Pan Chicken Tacos 4 It’s Raffle Time!

We believe in getting kids on two wheels early! Who doesn’t love a shiny bicycle?! This raffle is another special way for us to say thank you for the support you have given us throughout the years. Why? Because we are always looking to give back to our community and believe in helping in any way we can.

Enter Our Raffle!

Ready to enter our raffle? Follow the steps outlined here:

1. Enter your information into our raffle form at DellutriLawGroup.com/ bike-giveaway by May 2, 2022 . Please enter only once. 2. Join our Facebook family at both @DellutriLaw and @SunshineStateBikerLawyer so you can keep your eye on the prize. 3. Be sure to tune into the Sunshine State Biker Lawyer Facebook page to watch live as our winner is announced!

Raffle will be announced May 6, 2022 . Good luck!

This raffle is open to residents of Florida, but prize must be picked up from our office in Fort Myers, FL. Enter now until May 2, 2022. Please only one entry per person. The name of our winner will be announced on Facebook on May 6, 2022 at 1 p.m. EDT. Like our Facebook page to stay updated! For more crazy lawyer stories and DLG news and updates, be sure to follow us on social media! @DellutriLaw @TheRealDellutriLaw

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What is the Difference Between Medicare and Medicaid?

I find in my practice that there is a lot of confusion between Medicare and Medicaid. Many of my clients think once they hit 65 and qualify for Medicare, it will cover all of their future health needs, including a nursing home. Unfortunately, that is not true, and it can come as a big surprise down the road if they need coverage for a nursing home and DID NOT plan ahead . In this article, I explain the differences between these two programs and why it is imperative you understand them before you need to apply. What are the program benefits? Medicare is a program administered by the federal government to provide health care to certain populations. Original Medicare is divided into Parts A and B. Medicare Part A covers hospital care and a limited period of nursing home care, home health services, and hospice care. Medicare Part A will only cover nursing home care if: 1. There was first a qualifying hospital stay of three days of inpatient care; and 2. Nursing home care was needed relating to the hospital stay; and 3. The patient entered the nursing home within a short time of the hospital stay (usually within 30 days). Thereafter, only the first 20 days of nursing home care are paid for by Medicare Part A. Days 21 through 100 of care require a partial payment by the patient. Any care after 100 days is not paid at all by Medicare Part A. Medicare Part B covers traditional health care expenses, such as visits to a doctor, blood tests, and X-rays. In most cases, a referral is not needed to see a specialist. Original Medicare does not provide prescription drug coverage; however, you can enroll in Medicare Part D through a private insurance company with paid premiums. Medicaid is also a program intended to provide medical benefits to certain populations. It is a joint federal-state program. While states receive federal funding and must follow specific federal rules, each state administers its own Medicaid program. Medicaid covers all types of medical care, including long-term care, such as a nursing home. However, eligibility criteria are more stringent when trying to qualify for long-term care. How is eligibility established? Eligibility for Medicare is simple — if you are over age 65 and have paid Medicare tax through your employment for at least 10 years, you qualify. You can get Medicare Part A at age 65 without paying any premiums if:

• You receive Railroad Retirement Board benefits; or • You are eligible to receive Railroad Retirement Board benefits or Social Security benefits but have not yet filed for them; or • You or your spouse had Medicare-covered government employment. If you or your spouse don’t qualify for Medicare Part A because neither of you paid Medicare tax through your employment, you may still be able to obtain Medicare Part A via paid premiums. Eligibility for Medicare Part B is the same as for Part A but requires a paid premium. Some folks qualify for Medicare benefits even though they are under age 65, including younger people with disabilities and those with end-stage renal disease. Eligibility for Medicaid is needs-based, meaning income restrictions for programs cover pregnant women, children, the disabled, and the elderly. If your income is under the amount specified for your state, then you likely qualify if you are in one of those groups. If long-term care is needed, however, there are also asset restrictions. An applicant cannot have over a certain amount of assets and still qualify for nursing home care benefits. However, applicants can retain an elder law attorney to do legal planning to protect assets while still getting qualified for benefits. This way, money and property are preserved for their family and won’t have to be spent on care. Each state has its own rules. Therefore, it is important to consult with a Florida Elder Law attorney to discuss how the Medicaid rules are applied to your assets. Florida does provide some unique options to protect assets but only if proper planning is employed. In addition to income and asset rules regarding nursing home Medicaid benefits eligibility, there is a look-back period. Suppose you had transferred assets during the 60 months before the Medicaid application was submitted. In that case, you will likely receive a penalty where you are not eligible for benefits for a period of time. Again, an experienced elder law attorney can best help you navigate the application process to best manage any prior transfers for your benefit. Medicare and Medicaid are two very different programs; each provides certain benefits and has certain criteria for enrollment. Between the two, however, only Medicaid will cover long-term care expenses for more than 100 days. Getting long-term care Medicaid can be a tedious process, but legal strategies can be employed that will help you. –Mark Martella, Esq.

Since 2008, my “Passion Project” has been working with the Homeless Coalition located in Charlotte County (the “Coalition”). The Coalition is an amazing organization whose mission is to end hunger and homelessness in our community. It does this through myriad programs including serving hot meals every day to individuals and families, a weekly pantry providing food to those in need, plus providing counseling services to help people find permanent housing and receive benefits they may be entitled to. It also coordinates admission to addiction recovery programs. They have a 52- bed shelter, which includes four private units for families. It is one of the most comprehensive organizations designed to help people get their life together that I know of in our community. Its focus is to provide a hand up, not a hand out. My involvement has been volunteering and serving on the board of directors beginning in 2008, then serving two terms as president, and now serving as an emeritus board member. I served as president during one of the most challenging periods in terms of heightened need, in 2010–2012 during the Great Recession. It was a struggle at times to keep the lights on. During that time, I realized we were missing a key income stream that other successful local nonprofits, like Charlotte County Habitat for Humanity and St. Matthews House in Naples, had that set themselves apart when it came to sustainability — an earned income stream . Any nonprofit expert will advise you that in order to have long-term sustainability, you must have three streams of income. At the time I served as president, we only had two: donations and grants. The analogy often used is: “Did you ever try to sit on a two-legged stool?” Pretty tough to do. Right in front of my eyes in my community, I could see the power of having that third leg of earned income. Habitat has four thrift stores, and I can’t even keep track of all the earned income streams that St. Matthew’s House has from thrift stores to the No. 2 caterer in Naples, and even a hotel and job training center. Back in 2012, the Coalition had nothing. So after serving as president, I headed up a committee of board members and staff to come up with a plan to develop a stream of earned income. The first attempt was bingo. It was easy to set up with little investment required. While it was successful on a small scale, we quickly realized it was not going to bring in any meaningful income. That’s when we decided to pursue a thrift store. The challenge was that no one on our Coalition Corner: The Next Chapter for Fabulous Finds!

committee knew anything about opening a thrift store and it took four years of research, planning, writing a formal business plan and fundraising before we opened the doors to Fabulous Finds in February of 2017. If you have ever opened up your own business, you know it is exciting and scary at the same time. As a business consultant and bankruptcy attorney, I knew that 50% of all small businesses fail in the first five years. In this case, failure was not an option since the long-term survival of the Coalition was dependent upon Fab Find’s success. It was slow going at first, especially in the summer months when the snowbirds were gone, and we not only lost customers but volunteers as well, and as it was for all small-business owners, the COVID-19 shutdown was terrifying. Nevertheless, I am excited to share with you the good news that not only did Fabulous Finds survive its first five years and COVID, but the Coalition just opened a new and expanded store, doubling its total space from 5,200 square feet to 11,400 square feet. The new store opened at the end of January of this year and includes a boutique section with designer clothes, handbags, and accessories. The store also has a fabulous selection of clothes, furniture, and housewares. I just picked up a great expandable dining room table I was looking for and found an old-school stovetop espresso maker, which brought back memories from my childhood family holidays! If you would like to find fabulous deals in a fun environment while also helping out those in need in our community ( all profits stay right here in our community ), then I invite you to visit Fabulous Finds’ new location in the former LTM Party Store, across from Lowe’s Plaza in Port Charlotte, at 1931 Tamiami Trail. For more information about the Coalition and to learn about ways you can donate or volunteer, please visit their website at CCHomelessCoalition.org . –Mark Martella, Esq.