Di Bartolomeo Law Office - February 2022

Di Bartolomeo Law Office - February 2022

Makin’ It Better NEWSLETTER

February 2022

Oregon Workers’ Compensation | Personal Injury | Social Security Disability

1139 Exchange St., Astoria, OR 97103 • 503-325-8600 • JoeDiBartolomeo.com

It’s hard to believe that “Forrest Gump” first hit big screens more than 25 years ago. The movie stars Tom Hanks as Forrest Gump, a simple- minded but good-hearted individual who unintentionally influenced important historical events. The movie did phenomenally well and won six Academy Awards, including Best Picture and Best Actor. Now, 28 years later, the movie is still seen on television and even spawned a successful restaurant chain, Bubba Gump, with locations in major tourist destinations across the country. While the story of Forrest is incredibly touching and brilliantly performed, the film has maintained its relevance for 25-plus years because of its many life lessons, like these four memorable moments. TRY NEW THINGS OFTEN. As humans, we are creatures of habit. We like to stick to regular schedules and do things that we find comfortable. When removed from our comfort zones, we can experience tremendous growth. In the movie, Forrest never backs away from trying something new. When he was recovering from a gunshot wound that he sustained in Vietnam, he’s introduced to the game of Ping-Pong. He quickly discovered he was a natural and eventually joined the All-American Ping-Pong team as part of the Ping-Pong diplomacy program. We can all learn from this example and do our best to try new experiences, food, and activities. You never know where your true talents lie. MONEY DOES NOT NECESSARILY BRING HAPPINESS. We’ve all heard that money does not bring happiness, but it’s a difficult concept for many of us to grasp. Throughout the course of the movie, Forrest earns a tremendous amount of money, but despite all that wealth, he still loses his mother and the love of his life, Jenny. When he faces these traumatic events, he’s completely grief-stricken, and no amount of money can bring back the people he loves. ‘Mama Always Said …’ 4 LIFE LESSONS LEARNED FROM ‘FORREST GUMP’

BE OPTIMISTIC EVEN WHEN THINGS GET TOUGH. During the movie, Forrest never gets pessimistic, regardless of the situation. One of the greatest examples of Forrest’s intense optimism comes from his relationship with Lieutenant Dan. Dan was wounded in Vietnam but Forrest saved him. Dan develops a pessimistic outlook on life because he did not die on the battlefield and instead became an amputee. Forrest continued to support him for years. When they went into the shrimping business together, things started to look grim, but Forrest never dropped his optimism. They were soon gifted with an abundance of shrimp after a hurricane. It’s an important reminder to always try to find the silver lining in any bad situation, no matter how dire it appears. LIFE IS LIKE A BOX OF CHOCOLATES. To put it simply, tomorrow is never guaranteed. We can make all the plans in the world only for everything to fall apart. When you open a box of chocolates, you get a variety of flavors but can’t tell what they are until you bite into them. Life is very similar. We don’t know what each day will necessarily bring us when we wake up. Sometimes we just have to dive in and be ready for whatever opportunity presents itself. Over the past 28 years, “Forrest Gump” has left a lasting impact on viewers from multiple generations. Each time you watch it, you may pick up yet another life lesson. By watching the movie with an open mind, you’ll learn the importance of compassion and optimism and the power of love.

–Joe Di Bartolomeo

The Di Bartolomeo Law Office, P.C. 1139 Exchange Street | Astoria, Oregon | 503-325-8600 | www.JoeDiBartolomeo.com

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GET CREATIVE THIS VALENTINE’S DAY Roses, chocolate, and fancy restaurants are Valentine’s Day staples for a reason. They’re Not Another Candlelit Dinner

good view of the nighttime sky. Once you do, your next course of action will depend on the weather. If it’s temperate, get a picnic blanket and enjoy the outdoors. If it’s cold, stay in the car, turn off the headlights, and snuggle up. Don’t forget to bring wine and a romantic snack. If all goes well, you might end up watching the sunrise.

classic and timeless, but if you’ve done them year after year, they could also get a little bit boring. To wow your significant other this Feb. 14, think beyond the most famous ways to celebrate. They’ll probably appreciate a twist — and the time you spent making their day special.

SCHEDULE A COUPLES’ SPA DAY. Forget what you think you know: Spa days are for everyone. Your other half will love the opportunity to experience a massage, sauna, and other assorted treatments. Plus, many spas offer romantic couples’

CREATE A RELATIONSHIP SCRAPBOOK. Nothing says “I love you” like a gift you’ve made with your own hands. By making a scrapbook of your favorite memories with your partner, you’ll also amaze them with your sensitivity and dedication. A scrapbook can consist of photographs, restaurant menus, movie tickets, wedding invitations, vacation souvenirs, and some carefully chosen words about why you value the relationship. Don’t be afraid to get inventive with your decorations or scour the internet for tips and tricks. GO STARGAZING. What’s more romantic than staring up at the stars? Your first step will be to find a local spot that’s dark and secluded enough for a

packages with champagne and chocolate-covered strawberries. Once you’re both sufficiently relaxed and looking your best, you’ll likely feel closer than ever. Some spas also offer overnight stays so you can transition seamlessly into a romantic evening. All of these ideas will take a little bit of planning, so it’s time to start dreaming up your big surprise. When you see their reaction, your only concern will be how to top yourself next year.

UNDERSTAND THE RULES AND YOUR RIGHTS Will I Receive SSDI Back Pay?

Often, it takes months for Social Security Disability Insurance (SSDI) to be approved. Additionally, many claimants are denied on their first application but later receive approval during the appeals process. Time is money, and successful claimants were already eligible for benefits when they applied. What happens to everything they were owed between the application and approval dates? Fortunately, the Social Security Administration (SSA) agrees that you are entitled to back pay for the period you waited for your application to be approved. They refer to these back payments as past-due benefits. There are, however, several rules and caveats you should know. When the SSA approves you for benefits, they will assign an onset date. The onset date is when the SSA declares you originally became disabled. Once an onset date is determined, there is a five-month waiting period, and SSDI does not start payments until the sixth month.

receive back pay for the number of months since your onset date, minus five. For example, if you applied for SSDI immediately and your approval took 10 months, you would receive five months of back pay. Appeals processes can be lengthy. If the SSA ultimately determines you were eligible for benefits at the time of your original application, there is no limit to the amount of back pay you can receive. Retroactive pay, however, works differently. Retroactive pay comes into play when the SSA determines your onset date was before your application. In these cases, you are limited to 12 months of retroactive pay, even if you had been disabled for years. That’s why it’s essential to apply for SSDI as soon as possible. Applying for SSDI can be a confusing process, which is why The Di Bartolomeo Law Office is here to help. We know the ins and outs of the system, so we can help you complete your applications correctly and file any needed appeals. We will also fight to ensure the SSA applies the correct onset date to your benefits so you get every dollar you deserve. We’ll be glad to review your case — call us today for a free consultation.

If you obtain approval for SSDI within five months, you will receive no back pay. If the process takes longer than five months, you will

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The Di Bartolomeo Law Office, P.C. 1139 Exchange Street | Astoria, Oregon | 503-325-8600 | www.JoeDiBartolomeo.com

Despite the sitcom jokes and viral videos, slip and falls are no laughing matter. A serious slip and fall can result in injuries to the head, hips, back, spinal cord, and other body parts. But accidents happen. How do you know if the property owner was negligent, and when can a victim sue for damage? The answer largely depends on whether the property is private or commercial. In slip-and-fall cases, the injured person is either an invitee or a licensee. You are an invitee if a business has explicitly or implicitly welcomed you to enter for a transaction. If your fall happens on a commercial property like a store, restaurant, gym, or entertainment venue, you are likely an invitee. A licensee, however, is someone who has visited a premises for their own benefit, whether or not they were invited. Examples include attending a social event at someone’s home or entering their property for a canvassing event. We’ve Got the Facts When Does a Slip and Fall Constitute Negligence?

Businesses must warn and protect invitees from potential dangers. Failing to do so makes them liable. But the defendant must show the business owner was aware of the hazard and had enough time to correct it, which can be a tall order. Defendants who were licensees face an even steeper uphill battle in their quest for justice. Their burden of proof is even higher. They must show that the property owner was aware of the danger, understood the invitee would likely not see it, and did not provide a warning or otherwise do anything to prevent the accident. An exception occurs in strict liability cases. Strict liability is when the property owner must prohibit the hazard by law. Examples of strict liability include safety code violations and city ordinances that mandate snow removal on sidewalks. Proving a slip-and-fall case comes with many challenges, so if you’ve been injured in this manner, you need an experienced attorney by your side. The Di Bartolomeo Law Office has extensive experience litigating these cases and winning compensation for our clients. We will give you an honest assessment of your case and help you decide how to move forward. Give us a call today!

PUZZLE

Mediterranean Stuffed Chicken Breast Inspired by DiabetesStrong.com

Ingredients

• 2 chicken breasts • 2 oz mozzarella cheese, cubed • 2 canned artichoke hearts, chopped • 4 tsp sun-dried tomatoes, chopped

• 10 large basil leaves, chopped • 2 cloves garlic, chopped • 1/2 tsp curry powder • 1/2 tsp paprika • Salt and pepper, to taste

Directions

1. Preheat oven to 365 F. 2. Cut a slit lengthwise to create a pocket in the middle of each chicken breast. Place the breasts on a baking sheet. 3. In a medium bowl, combine the mozzarella cheese, artichoke hearts, tomatoes, basil, and garlic. 4. Divide the mixture in half and stuff each chicken breast pocket.

Using toothpicks, seal the edges of the pockets. 5. Season the chicken with curry, paprika, salt, and pepper, then bake for 20 minutes or until the chicken reaches 165 F. 6. Remove the toothpicks and serve with rice, potatoes, salad, or roasted vegetables!

The Di Bartolomeo Law Office, P.C. 1139 Exchange Street | Astoria, Oregon | 503-325-8600 | www.JoeDiBartolomeo.com

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503-325-8600 JoeDiBartolomeo.com

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1139 Exchange St. Astoria, OR 97103

What’s Inside

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Life Lessons to Learn From ‘Forrest Gump’

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Creative Valentine’s Day Ideas Can You Receive SSDI Back Pay?

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Slip and Fall: Accident or Negligence? Mediterranean Stuffed Chicken Breast

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3 High-Tech Solutions for Long-Distance Couples

FOR LONG-DISTANCE COUPLES 3 VALENTINE’S GADGETS

If you’re in a long-distance relationship or friendship, you probably think you’ve tried everything to stay in touch. Texting? Check. FaceTime? Check. Old-fashioned phone calls? Double check! But have you tried high-tech gadgets that can bring you closer without words? This Valentine’s Day, consider treating your romantic partner, or platonic friend, to one of these three handy devices. While these items may be on the pricier side during most of the year, keep an eye out for any holiday sales! THE HEY BRACELETS (FeelHey.com) These paired bracelets look like fitness bands, but they can do a lot more than count your steps! When you activate your bracelet, it will communicate with the band on your partner’s wrist through the HEY app and give it a gentle squeeze to let them know you’re thinking about them. The bracelets come in classic black or sleek white, are totally weatherproof, and can go for three days between charges. PILLOW TALK WRISTBANDS (LittleRiot.com/pillow-talk) This package includes wristbands with heart rate sensors, small speakers, and various cables — for you and your partner! When

you sleep, simply wear your wristband and slide your speaker under your pillow. From there, the Pillow Talk app will broadcast your heartbeat to your partner’s speaker in real time! It’s the next best thing to sleeping next to each other. FRIENDSHIP LAMPS (FriendshipLamps.com) Like the Hey Bracelets and Pillow Talk

Wristbands, these lamps come in pairs. One goes to you and one to your partner. Tap your lamp, and your partner’s lamp will glow to let them know they’re on your mind. You can even send different colors that communicate different messages. (For example, maybe you agree that pink means “wish you were here.”) You can also sync more than two lamps to connect with additional people you love.

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The Di Bartolomeo Law Office, P.C. 1139 Exchange Street | Astoria, Oregon | 503-325-8600 | www.JoeDiBartolomeo.com