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Gillette Law - August 2018
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ILLETTE
GAZETTE
AUGUST 2018
A WAY FORWARD LOOK FOR WORK WITHOUT FEAR
As Labor Day approaches and we prepare to celebrate the hardworking men and women of our nation, some of the individuals we have helped to be approved for Social Security disability benefits over the years may be considering attempting to return to work despite continuing disabilities. We want to help all our clients to achieve their goals. Returning to employment is a huge step toward greater independence and opportunity. However, the fear of losing the support of Social Security benefits can hold many people back from attempting to return to work. It’s a very real concern. I’ve had clients who have pursued job and educational opportunities despite their disability, only to lose their benefits upon undergoing a Continuing Disability Review. This is the Catch-22 many people with disabilities find themselves in, where an attempt at bettering their situation may result in losing their primary means of stability. It’s an incredibly frustrating situation when people are punished for trying to build a future for themselves. That’s why I want people to know they have options. The Social Security Administration does recognize the need for employment services and support for individuals attempting to enter the workforce. In 1999, they put a program in place meant to bridge the gap: the Ticket to Work Program (www.ssa.gov/work). This program gives thousands of people every year the opportunity to seek employment or educational opportunities without risking their benefits. Ticket to Work is a free and voluntary program offered by the Social Security Administration that can help people ages 18 through 64 who receive Social Security disability benefits and who are interested in returning to work or working for the first time. Individuals receive support throughout their journey to financial independence. As long as you are making good progress toward your employment goal, Social Security will not review your case to see if you still have a disability. Not only that, but you may continue to access your cash and Medicare and/or Medicaid health care benefits as you transition to full-time work; and, you may be able to return to benefits if you are no longer able to work due to your disability.
unable to work. Work is more than just a paycheck. It can be a social avenue, a point of pride, a means of expression, and a path toward new skills and higher learning. The vast majority of my clients want the opportunity to live their lives to the fullest and to work if they are able.
Work is more than just a paycheck. It can be a social avenue, a point of pride, a means of expression, and a path toward new skills and higher learning.”
But recovering from or adapting to a disability takes time, and finding a job that fits their needs after being out of the workforce can be incredibly difficult. That’s why the Ticket to Work program is so important. The cynical among my readers may be asking, “What’s Brian’s angle? Do we need a lawyer to apply for this? Is he going to end this article saying we should give him a call and schedule a consultation?” No! Ticket to Work is a free and voluntary program offered by Social Security. If you decide to participate, getting started is easy! First, call the Ticket to Work Help Line at 866-968-7842 / 866-833-2967 (TTY) to verify your eligibility. If you want to call our office, we’ll be happy to point you in the direction of some great resources, but we certainly won’t charge you for that! The truth is, I hate to see people trapped in what can feel like an impossible situation. As our nation gets ready to celebrate the value and the dignity of work, I want to tell the people I’ve represented and gotten to know over the years that there is a path forward. The way I see it, my job doesn’t stop after your claim for disability benefits has been approved. I want to do all I can to help you find success.
N e x t D o o r Bu
It can be difficult to understand the deep frustration or guilt that is often experienced by an individual who is disabled and deemed
–Brian Gillette
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TRANSPORTATION SAFETY TIPS Protect Your Children During Their Commute
Kids on the Road Whether your child is biking, walking, or even skateboarding, it’s vital that they know and follow the rules of the road. All children should practice road safety behavior, such as riding on the right side of the road, wearing helmets, stopping at stop signs, and watching out for cars. Internalizing these habits will help them stay aware of their surroundings when traveling to and from school. Sharing the Road When school starts, the roads become even more cluttered than usual. On top of people heading to work, there are large buses making frequent stops, parents rushing to drop their kids off, and young kids biking or walking to school. With the added tension on the road, it’s important to be alert and move cautiously. Slowing down in school zones or around young pedestrians will keep you vigilant and could potentially save lives.
With the school year fast approaching, families are in preparation mode. Parents are busy buying new clothes and school supplies and thinking about the best way to get their kids safely to school. Keeping your child safe on their commute starts with knowing the transportation method that works best for you and the rules that accompany that method. Taking the School Bus According to the United States Department of Transportation, the school bus is the safest means of transportation to and from school. Buses are built to withstand a hit and distribute the damage throughout the vehicle, keeping its passengers safe and sound. Knowing basic bus safety will help kids be mindful when taking the bus. Before the school year starts, take your children to the bus stop and show them where they should stand when the bus approaches — a minimum of three large steps or 6 feet from the street. Tell your kids about the importance of sitting still and not standing in the bus while it’s in motion. As Brian discussed on this month’s cover, Ticket to Work is a great program for those looking to become more independent and test their ability to return to work while continuing to receive disability benefits from the Social Security Administration. Here are some frequently asked questions about the program to help you understand if it’s the right fit for you! Who Can Qualify? Anyone aged 18–64 who receives Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) and has a desire to work can apply for a Ticket to Work. The program is voluntary and completely free. How Are Benefits Affected? You will continue to receive your benefits until you begin earning wages or self-employment income above the applicable earnings limit for the Supplemental Security Income or Social Security Disability Insurance program. In addition, Social Security cannot perform a medical “Continuing Disability Review” to determine whether you continue to have a disability while you are participating in the Ticket Program and progressing toward your employment goal. Your medical benefits through Medicare will remain for at least 93 months after you start work. In the event your disability proves too prohibitive and your income drops or you stop work entirely, the SSA will put you on a fast track to restoring your benefits. Who Can Help Me Find a Job? The Social Security Administration (SSA) has established partnerships with service providers, in the form of state-operated vocational rehabilitation agencies and employment networks, to provide support to those
Teach your kids to be prepared and safe on the road to ensure that they have a healthy and safe school year.
FREQUENTLY ASKED QUESTIONS Is Ticket to Work Right for You?
applying for and enrolled in the Ticket to Work Program. These service providers, like The Choice Group (www.thechoicegroup.com) in Richmond, can provide you with free, direct support when it comes to seeking employment, accommodating your work and disability needs, and seeking educational and job training opportunities. Does the Program Have Requirements? Ticket to Work is a two-way street. In return for the support and suspended medical reviews, the SSA asks that you make progress toward being gainfully employed. The measurement of this progress is determined by a mix of your long-term employment goals and timelines set by the SSA. What if I Don’t Meet These Timelines? If you fall behind on your employment plan, the SSA will no longer postpone your medical reviews. However, so long as you are still receiving SSDI/SSI benefits, you can continue to receive the support and resources available through the Ticket to Work program, regardless of whether or not you are deemed to be progressing. What if I Start Making Progress Again? If at any point you feel you are advancing toward meeting the SSA’s timetable again, you can call the Ticket to Work Help Line. If the SSA determines you still qualify for the Ticket to Work program and are making discernible progress, they will once again suspend medical reviews. For more answers to frequently asked questions, visit choosework. ssa.gov/about/faqs/index.html. The Work Readiness Quiz will also help you think through some of the factors about pursuing work that you need to consider (app.keysurvey.com/f/578048/3b05/).
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A HELPING PAW PARKS ZEIGLER, PLLC, HELPS MUTTS WITH A MISSION
This is what the good folks at Parks Zeigler did for a Great Dane named Oliver. Oliver was named after Oliver Wendell Holmes, who served as a Justice of the Supreme Court of the United States from 1902 to 1932. Now, taking on the social training of any service dog is going to be difficult, but adding the sheer size of a Great Dane to the mix certainly doesn’t help. Yet the attorneys and staff at Parks Zeigler rose to the challenge and showed Oliver the commitment and affection he needed. In fact, when Oliver ended up developing a disability of his own, one staff member stepped up in a big way. Through Oliver’s training, it became clear that he had a chronic digestive problem that would render him ineligible for full-time service work. That’s when marketing manager Geri Clark took it upon herself to officially adopt Oliver and give him a loving home. What an amazing commitment! We often remark in this newsletter that a law firm’s mission should always come from a desire to make a positive impact on the community. The Parks Zeigler team, and Ms. Clark in particular, embody this ideal. Mutts With a Mission is always in need of volunteers for a variety of tasks, and they rely on donations to keep their doors open. You can help Mutts With a Mission by voting for them to win $5,000 at www.onehourcares.com. Please vote for them by Sept. 22, 2018; $5,000 will allow them to raise three puppies! Be sure to hit “confirm” after you vote or it won’t count. Thanks!
There are two things we love here at the Gillette Law Group: (1) community service and (2) dogs. That’s why we can’t help but give a shoutout to our colleagues over at Parks Zeigler, PLLC, Attorneys at Law in Virginia Beach for doing some incredible volunteer work with Mutts With a Mission!
For those who don’t know, Mutts With a Mission (muttswithamission.org) is a nonprofit organization dedicated to training service dogs for veterans and wounded warriors. Not only do these highly disciplined canines provide emotional and social support for their handlers, but they are also adept at psychiatric and mobility tasks that make life easier for disabled troops. They can assist with balance, turn on lights, wake up a person during a night terror, retrieve items, and even remind a person to take their medication. In order for these dogs to carry out important tasks like this, they must be disciplined enough to perform them in a public setting without distraction. That’s why Mutts With a Mission relies on volunteers to temporarily adopt these dogs during their training — to get them out of the kennel and into social situations.
DAD JOKE
PALEO BALSAMIC PORK CHOPS
Inspired by paleoleap.com
Ingredients
What did the pirate say on his 80th birthday? Aye matey!
Directions • 4 boneless pork chops • 1/4 cup balsamic vinegar • 3 tablespoons raw honey • 2 cloves garlic, minced
• 1 teaspoon crushed red pepper flakes • 1 teaspoon fresh thyme • Salt and freshly ground pepper, to taste
1. Heat oven to 400 F.
5. On high heat in an oven-safe sauté pan or skillet, sear the pork chops for 1–2 minutes on each side.
2. Generously season pork chops with salt and pepper. 3. In a saucepan, combine balsamic vinegar, honey, garlic, red pepper flakes, and thyme.
6. Brush chops with half of glaze and transfer to oven.
7. Roast 6–8 minutes.
4. Bring to a boil, reduce heat, and simmer gently for 5–6 minutes.
8. Remove from oven and brush with another coat of glaze. Let cool 5–10 minutes and serve.
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INSIDE This Issue
Disabled? How to Look for Work Without Fear page 1
Mutts With a Mission page 3
Paleo Balsamic Pork Chops page 3
Keep Your Kids Safe on the Way to School page 2
Sleep Better page 4
Is Ticket to Work Right for You? page 2
HOW TO ACHIEVE A MORE RESTFUL NIGHT’S SLEEP
Listen to your body. This, above all else, is crucial to a good night’s sleep. Your body knows when it’s time for bed. Generally, you want to go to bed when you feel tired, whether that’s at 8 p.m. or 1 a.m. Whenever your body tells you it needs rest, you should make a habit of going to bed then. The more consistent you are, the better your sleep will be. Wake up naturally. Jolting yourself awake with an alarm or radio isn’t doing your brain and body any favors (it can be stressful on the body and even elevate blood pressure, which is not good first thing in the morning). If you do need an alarm, consider a wake-up light. Wake- up lights mimic the sunrise, slowly brightening the room and waking your body in a natural, gentle way. Kick the screen habit. You’ve heard it before, and you’ll hear it again: Looking at an electronic screen — a TV, computer, tablet, or smartphone — before bed is detrimental to sleep quality. Light from these devices is disruptive to your brain’s suprachiasmatic nucleus (SCN), which helps regulate your circadian rhythm, and screen time before bed can throw off normal SCN function. Put your excuses for staying up too late to bed. Say no to “one more episode.” And all those emails? They can wait until tomorrow. Not getting enough quality sleep is harmful to your mental and physical health. When you get into the habit of following these three tips, you’ll find yourself feeling rested and refreshed in no time.
A good night’s sleep is one of the most important things you can do for your mind and body. One study published in the Journal of Psychosomatic Research found that the quality of your sleep is much more important than the quantity — that is, if you want to feel rested. And we all want to feel rested. So, what can you do to improve the quality of your sleep and get the rest you need?
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