DiBartolomeo Law Offices - May 2021

DiBartolomeo Law Offices - May 2021

Makin’ It Better NEWSLETTER

May 2021

Oregon Workers’ Compensation | Personal Injury | Social Security Disability

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

Good for Your Mind and Body THE MANY BENEFITS OF STRETCHING

I can hear the grumbling now: “Stretching? Who wants to hear about stretching? Boooring!” But let’s get real, folks. There’s a good reason we all learned as young students in gym class that stretching before and after exercise is essential. In fact, there are several good reasons. Of course, there are also good reasons people don’t love to stretch. While most young people are limber enough to jump straight into the game and skip the cooldown, once we get older, we start to feel the effects of that. By then, it may be hard to break the habit. The benefits of stretching go way beyond feeling limber on the tennis court or being able to pick up a penny and not throw your back out. Stretching has tremendous mental benefits too! If you’re feeling frustrated or stymied, taking a break to stretch can help you clear your mind. It also releases endorphins and stabilizes hormones, which can improve your mood. If you stretch regularly, you’ll be more pleasant to be around and able to approach problems with fresh eyes. The longtime practice of yoga provides further evidence of the link between stretching and mental balance. And if you’re distracted by chronic or acute pain, regular stretching is one way to address the issue. It’s more sustainable than painkillers, helps ease discomfort, and costs nothing. Because of these benefits, I’m a firm believer that you should stretch every day right after getting up and every night right before bed. Really, though, you can do a few basic stretches any time of day. It requires very little room and no equipment. I like to take a break and stretch the same way some people might take a break to have a cigarette — and I’ve seen that when people are trying to quit smoking, doing some stretches instead is a great alternative. There are very few things that can be done for free and at any time, but stretching is one of them. It’s amazing that more people don’t do it.

We should take time to acknowledge the physical benefits of stretching as well. Stretching daily can improve your blood flow and make your arteries healthier; within a few months, you could lower your risk of heart attack, stroke, high blood pressure, erectile dysfunction, and more. If you stay limber and loose, your muscles respond better to stressors — expected and unexpected — that might otherwise result in injury. Stretching is not a magic bullet. It won’t stop you from being hurt in a car crash, for example, but if you stretch regularly, you’re more likely to be loose when an accident occurs than someone who does not. Will you join me in “saluting the stretch” this May? It may seem boring, but there’s nothing dull about its many benefits. Every day this month, I challenge you to spend five minutes stretching in the morning and another five before bed. I guarantee that if you do, you will feel better. And who wouldn’t want that? –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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5 Easy Ways to Get Everyone Moving GET FIT WITH YOUR FAMILY

May is National Physical Fitness and Sports Month. As a parent, you probably know exercise is important for your children’s physical development. It helps build healthy bones, muscles, and joints and reduces the risk of developing diabetes and other diseases later in life. But did you know that physical activity also has many mental and behavioral health benefits? It’s been shown to improve children’s cognitive skills and concentration, boost their self-esteem, and reduce symptoms of stress, anxiety, and depression. One of the best ways to encourage healthy behaviors in your children is by modeling them yourself. Studies have found that more than 80% of adolescents and adults are not getting enough aerobic activity, showing that children often follow in their parents’ footsteps and that exercising together can benefit everyone.

You may be thinking it’s hard enough just to get yourself to the gym, but Stephen Virgilio, author of “Active Start for Healthy Kids,” encourages parents not to limit themselves to traditional forms of exercise. Instead, think of exercise more broadly as “leading an active lifestyle.” And remember that exercise can be fun and a great way to get in more family time.

3. Turn chores into games. Dirt has invaded from outer space and must be eliminated. Set the scene with your kids, grab your tools, and get to work removing the enemy while having fun. 4. Incorporate simple exercises into screen time. Start by making up fun names for exercises like situps or jumping jacks. Then, challenge each

Here are five easy ways to incorporate more movement into your family’s day.

1. Create a walking ritual. Start walking around the neighborhood before or after dinner each night. Aim for a 20-minute stroll. 2. Have a dance party. Clear some space in the living room, make a playlist with everyone’s favorite tunes, and boogie down for as long as you have the energy.

other to see who can do the most during your favorite show’s commercial breaks.

5. Get fit in the great outdoors. Cleaning up the yard, planting and maintaining

a garden, or just running around outside are all great ways to get in more movement.

I’m Getting Workers’ Comp

WILL MY DISABILITY BENEFITS BE REDUCED?

HOW DO YOU KNOW IF I’LL BE AFFECTED?

If you’ve been injured at work, you may qualify for workers’ compensation benefits, which are paid by your employer or a workers’ comp insurance company to address a job-related injury or illness. These payments are meant to compensate injured workers for their lost time and wages in addition to covering medical expenses for treatment and recovery. WHAT BENEFITS MAY IMPACT MY SOCIAL SECURITY DISABILITY PAYMENT? It’s important to be aware that if you are receiving both workers’ comp benefits and Social Security disability benefits, the latter may be reduced as a result. There are other types of public disability payments — civil service disability benefits and state or local government retirement benefits based on disability, for example — that may also affect your Social Security benefits.

from which taxes are deduced, your disability payments will not be impacted.

The federal government uses a formula to determine when to reduce your benefits based on compensation from workers’ comp payments or other public disability payments. If either benefit amounts to more than 80% of your average current earnings before you became disabled, your Social Security benefits may be reduced by the excess amount. WHAT BENEFITS DO NOT IMPACT MY SOCIAL SECURITY BENEFITS? Rest assured that there are other kinds of public benefits that you may be eligible for that will not lead to a reduction in your Social Security disability payments. If you receive Veterans Administration (VA) benefits, Supplemental Security Income (SSI), or state or local government benefits

WHAT IF SOMETHING CHANGES? As always, if anything changes with your current financial situation or if you have issues with your disability payments or benefits, it’s important to report those changes to the Social Security office. The easiest way to do that is through your My Social Security account online at SocialSecurity.gov.

The team at Di Bartolomeo knows that navigating this system can be

challenging. We’re here to help. If you have any questions about your workers’ compensation or Social Security benefits, call us at 503-325-8600 or visit our website at JoeDiBartolomeo.com.

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

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Is Mediation Right for My Case? If you’ve been injured in a vehicle accident and are seeking compensation, is it better to resolve the case in court or try to settle through a mediation process?

WHAT’S REQUIRED TO PREPARE? We prepare thoroughly in advance of a mediation. Usually, each party will prepare a statement that orients the mediator about the case. In our case, we will provide a statement of our thought on the strengths and weaknesses of the case because we know that this information is confidential and will not be shared — again, the goal is to reach a resolution by getting on the same page. We also provide the mediator with documents like police reports, medical reports, medical bills, lost income information, and any other court documents that have been filed. We take this process seriously, and it allows us to think through the case and plan for a trial as well in the event that the mediation does not work out or turns out not to be the best course of action. If you’ve been injured and want more information about your options, please don’t hesitate to reach out. We are happy to offer you advice based on our years of experience.

There are no hard and fast rules about which route is best. An experienced attorney like those at Di Bartolomeo Law Office can look at the details of your individual case and then provide the best advice for your situation, but here are a few things to consider when it comes to mediation. WHAT IS IT? Mediation is a settlement conference that brings all parties of a case together with a third-party facilitator, usually a judge or experienced attorney. The mediator works as a neutral go-between, bringing settlement offers and demands back and forth between parties. Mediation processes are typically voluntary, and it’s difficult, if not impossible, to resolve a case through mediation with an unwilling party. WHAT’S THE GOAL? Mediation seeks to find a solution to the case without incurring added expenses or taking more time than necessary to find a resolution. Mediators work to facilitate a discussion with all parties of a case and get everyone on the same page. That said, mediation is unlikely to work if and when parties are too far apart on how they see the case. In that situation, a trial or arbitration is probably necessary to reach a resolution.

PUZZLE

Shaved Asparagus Salad Inspired by ACoupleCooks.com

Tangy citrus and salty Parmesan cheese complement earthy, fresh asparagus, a favorite spring vegetable with a short growing season. Ingredients

• 1 lb asparagus spears • 1 tbsp lemon juice • 1 tsp Dijon mustard • 3 tbsp extra-virgin olive oil • 3/4 cup Parmesan cheese, grated

• 1/2 tsp kosher salt • 1/8 tsp red pepper flakes • Freshly ground black pepper, to taste

Directions

1. With a vegetable peeler, shave each asparagus spear from tip to base. This is easiest to do if the asparagus is on a flat surface. 2. Place shaved asparagus in a bowl and blot off excess moisture with a paper towel. 3. In a separate bowl, make a vinaigrette by whisking together lemon juice, Dijon mustard, and olive oil. 4. Pour vinaigrette over shaved asparagus and add Parmesan cheese, salt, red pepper flakes, and black pepper. Toss to combine. Taste and adjust seasonings.

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

PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

1139 Exchange St. Astoria, OR 97103

What’s Inside

1

The Unexpected Benefits of Stretching

2

5 Ways to Increase Your Family’s Fitness Are Disability Benefits Reduced When You Get Workers’ Comp?

3

How to Know When to Mediate Shaved Asparagus Salad

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Winning the Bluetooth Wars

Winning the Bluetooth Wars

When Apple introduced their AirPod Bluetooth earbuds a few years ago, a major player emerged onto the burgeoning Bluetooth audio scene. But that scene wasn’t new: Earbuds, headphones, and speakers can all utilize Bluetooth tech, with every manufacturer jumping into the pool. But as anyone over 30 can tell you, Bluetooth was originally

and the quality of their work determines how good (or bad) the end result sounds. Bluetooth is obviously capable of a lot more than it was designed for, and its near universality makes it an attractive choice.

But it still wasn’t designed for music.

a wireless headset product, not a type of connectivity. And that’s raising questions about the viability of the Bluetooth market as well as the future of the current war for customer dollars in the market. Bluetooth audio tech was designed to wirelessly connect your phone with an in-ear speaker and tiny headset. But spoken-word audio isn’t the same thing as a vibrant musical experience with a range of high and low sounds, depth, and bass. You wouldn’t want to listen to a concert through your cellphone; in the same way, Bluetooth isn’t set up to transmit music to a speaker, headphone, or earbud. Manufacturers have developed workarounds,

What does that mean for most listeners? Likely not very much — if a good manufacturer made your headphones or speakers, their clever workarounds to the “Bluetooth problem” will likely mean little decrease in quality compared to “wired” options. Most of us can’t tell the difference. But for true audio fidelity, we still have to hook up with a cable. And as manufacturers vie for market share, a smart company that designs a brand- new wireless tech based around music instead of talk could gain much — and leave Bluetooth behind in the process. And whoever does that will be the real winner of the Bluetooth wars.

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

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