Gillette Law - October/November 2020

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ILLETTE

GAZETTE

OCT/NOV 2020

Veterans Day, Wednesday, November 11, 2020, is a celebration to honor America’s veterans for their patriotism, love of country, and willingness to serve and sacrifice for the common good. It’s quite common that this holiday is mixed up with Memorial Day in May. I’ve seen many people walk up to thank a veteran for everything they’ve done on Memorial Day, and while it’s great to show that appreciation, the holiday isn’t for that. Memorial Day is observed to honor the men and women who died while serving in the United States military. Another military holiday that also occurs in May, Armed Forces Day, honors those currently serving in the U.S. military. I feel particularly strongly about Veterans Day due to the fact that I’ve had family members who have served in the armed forces. Both of my grandfathers served in the military, though they passed away a number of years ago. My grandfather on my dad’s side was in the Army during WWII, and my grandfather on my mom’s side was in the Navy. Inspired by my grandfathers, I decided to try and serve as a commissioned officer in the Navy a year or so after I graduated law school, but they wouldn’t take me. They had enough lawyers at the time I suppose. So, although I tried my hardest, I’m not a veteran, but I fully support and honor those who have and are currently serving and I understand the sacrifices they (and their families) make to serve. My godson is currently serving in the United States Marine Corps and is stationed, at the moment, in California. We had a bit of a scare over the summer with the accident of the Osprey crashing into the Pacific. After the incident, we immediately hopped onto Facebook and were relieved to learn he was safe. As a disability lawyer, I often take on cases for veterans to help them through the difficult times they’re facing. While their cases often include intricacies that make them more difficult, the veterans whom I’ve worked with are always great teammates. I’m proud to offer the services of my firm and to help the people who serve. I also try to honor them in any way that I can when Veterans Day arrives. DOING OUR PART: H O N O R I N G O U R V E T E R A N S

out for the veterans in our area and wave the flag. But that doesn’t mean there aren’t any other ways we can celebrate this year. One of the best ways to honor our veterans is to fly the flag; just be sure to follow the proper rules for flying a flag, which you can learn by visiting USA.gov/Flag. If you have a veteran in your family, you can also write them a letter or send a postcard thanking them for their service. Lastly, but certainly not least, you can donate to charities which specifically focus on assisting veterans. Military.com has a list of charities that enable people to give back to our veterans. This year, I want to do my part in recognizing, honoring, and saying thank you to the veterans in our area the best I can. If you or someone you care about is a veteran, I’d like to honor them this year by flying a flag over the United States Capitol in their honor. Send an email to [email protected] if we can honor you or another special veteran. –Brian Gillette

Unfortunately, with the pandemic, the annual Veterans Day parades might not be happening, which is a real blow. It’s always good to come

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DON’T TURN YOUR FACE MASKS INTO PETRI DISHES

TIPS FOR PROPER CARE AND CLEANING

In the span of a few months, face masks went from being something Americans only saw in hospital settings to an item we can’t leave home without. Since everyday use of face masks is still relatively new in the United States, here are some answers from Johns Hopkins Medicine to common questions regarding the proper care and cleaning of your face mask. ‘How often should I clean my face mask?’ Disposable, surgical face masks cannot be cleaned. Johns Hopkins recommends throwing surgical masks away when they are “visibly soiled or damaged.” If you wear a reusable fabric face mask, then you should wash your mask after each day of use to help prevent bacterial growth. ‘What’s the best way to clean my face mask?’ Earlier this year, a video circulated on social media claiming that you could use a rice cooker to sanitize disposable face masks. This claim is untrue. As stated previously, disposable face masks cannot be cleaned. However, fabric face masks, especially those made of cotton, can be washed with the rest of your laundry. Run them through the washing machine with hot water, then tumble dry on high heat. If you are sensitive to perfumes, use an unscented laundry detergent.

‘Is it safe to hand-wash face masks?’ Since fabric face masks need to be washed after each use, running a wash cycle just to clean a couple of masks can feel pretty wasteful — like doing a load of laundry only to wash the socks you wore yesterday. The Johns Hopkins Medicine website states that you can hand-wash your face masks if needed. Use hot, soapy water to wash your masks, scrub the mask for at least 20 seconds, and dry on high heat in your dryer. ‘Where should I store my cloth face masks when I’m not wearing them?’ Put used cloth face masks directly into the laundry basket when you arrive home to ensure they get cleaned in a timely manner and to prevent you from accidentally spreading germs. Have a sanitized place designated to store clean face masks only. Avoid putting face masks in your pocket or purse.

LINGERING EFFECTS OF COVID-19 Despite Recovering From the Virus

We’ve all seen the reports, social media posts, and articles about how terrible it is for many individuals who catch COVID-19. While many have recovered and can return to their normal lives, that is not the case for everyone. In July, JAMA Network released a study from Italy involving 143 patients who had recovered from COVID-19. Of these 143, 87% of these individuals had at least one lingering symptom. These lasting effects include breathing problems, fatigue, and muscle or body aches, which are the most recurring problems. Quite often, when people are suffering from an illness or injury, they call our office to ask whether they qualify for disability. At times, they do, but sometimes, they don’t. Remember, just because you’ve been diagnosed with a condition or illness, it doesn’t mean you are automatically eligible for Social Security disability benefits, and that includes COVID-19. Getting your diagnosis is the start. The real issue involves the symptoms that remain, despite getting

appropriate treatment, and how those symptoms affect your ability to engage in work activities. The Social Security Administration’s Compassionate Allowances program identifies claims where the applicant’s disease or condition clearly meets the statutory standard for disability; however, most conditions are not included on the Compassionate Allowance List. The primary conditions included on the list are cancers, adult brain disorders, and rare disorders that affect children. These conditions are often fatal. The Compassionate Allowance List helps these individuals obtain a quicker review of their application for disability benefits. When a medical condition is on this list, the SSA won’t want or need all of their medical records from the last year or so. Instead, all they might require is a pathology report that documents the particular condition they have. More often than not, this will be enough to convince the SSA office that this person meets the requirements for disability. COVID-19 is not currently on the list.

If you know someone who isn’t already receiving disability benefits, or a family member who contracted COVID-19 and is still unable to return to work, we can help. Our team at Gillette Law Group is here to answer any questions or concerns you might have in regards to the benefits you and your loved ones may receive because of a serious health condition.

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THE SUPPLEMENTAL SECURITY INCOME RESTORATION ACT Supplemental Security Income benefits are monthly benefits paid to people with limited income and resources who are disabled, blind, or age 65 or older. Blind or disabled children may also get SSI. SSI differs from Disability Insurance Benefits (DIB), which requires that you’ve worked long enough — and recently enough — under Social Security to qualify for disability benefits. However, SSI requires that the person must have very limited income and resources. To get SSI, an individual’s countable resources must not be worth more than $2,000 or $3,000 for a couple. For 2020, the maximum SSI benefit for individuals is $783 and $1,175 for a couple.

Imagine a single individual trying to live off $783 a month. It is an abysmal amount, especially when considering that renting a one- bedroom apartment alone can cost $700–$1,000. This also limits the amount a person can put away for savings in case of an emergency. If you wanted to put a little money aside for an unexpected purchase — a new set of tires or medical help — you can only save $2,000. If you save even a dollar over, you won’t be eligible for benefits that month. Fortunately, there is a proposal — the Supplemental Security Income Restoration Act — that aims to increase that amount. The proposal would raise the $2,000 and $3,000 caps to $10,000 for individuals

and $20,000 for couples. In our opinion, this proposal is past due — this amount has remained stagnant since 1989.

If you support this, you can reach out to your representative at House.gov.

DO YOU HAVE A LEGAL QUESTION?

If we can’t answer your question, we would be happy to personally refer you to one of our trusted colleagues. We will even call them to give them a summary of your issue so they are aware and ready to take your call. But it all starts by reaching out to our office. If you have any questions or concerns, don’t hesitate to reach out at 757-220-4529.

ONLINE VIDEO HEARINGS

In an effort to provide flexible and convenient service options and protect the health and safety of individuals, the Social Security Administration has announced another hearing option — online video hearings using a free platform called Microsoft (MS) Teams. Through online video hearings, claimants and representatives can attend their online video hearing from any private place with a secure internet connection using their camera enabled phone, tablet, or computer. The Social Security Administration hopes to implement online video hearings this fall, focusing on its most critical and oldest cases. Like its telephone hearing option, the online video hearing option is not mandatory. However, Social Security hearing offices will remain closed for the foreseeable future. If you cannot wait for an in-person hearing on your claim, we encourage you to consider a telephone or online video option.

DAD JOKE

Q: Why are piggy banks so wise? A: They’re filled with common cents.

Please visit this website for updates: SSA.gov/appeals/hearing_options.html

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INSIDE This Issue

Doing Our Part: Honor Our Veterans page 1 Keep Your Face Masks Safe and Clean page 2 SSDI Benefits From Lingering COVID-19

It’s Time for an Increase in SSI Benefits page 3 Online Video Hearings page 3 How to Get a Good Night’s Sleep page 4

Effects page 2

Though there are very real medical conditions, such as insomnia and sleep apnea, that deprive people of sleep, the reason most of us probably don’t get enough sleep is simply because we put off our bedtime. Instead of getting into bed, we opt to check off another item on our to-do list or watch another episode of our favorite show. This is sometimes called “bedtime procrastination.” We all know a good night’s sleep is an important part of a healthy lifestyle, so how can we stop putting it off? A good place to start is by keeping track of your day. The human mind isn’t meant to internalize checklists and task reminders, so use your phone or journal as a scheduling assistant. However you decide to keep track, make sure to give yourself a set amount of time to accomplish your tasks, like letting yourself watch TV for just one hour or blocking out three hours to help your kids with their homework. It might even help to set alarms on your watch or on your phone to let you know when your time is up on any of your activities. Another big part is creating an environment that is conducive to a good night’s sleep, and that starts with turning your electronic devices off well before you get under the covers. Smartphone HOW TO STOP PROCRASTINATING AT BEDTIME AND GET A GOOD NIGHT’S SLEEP

screens, computer screens, and even some energy-efficient lightbulbs emit blue light, which reduces the production of melatonin, the hormone that tells your body it’s time to go to bed. Instead of looking at your phone, try reading a book before going to sleep. If your screens prove to be too big of a draw for you when bedtime comes, it might be a good idea to move your devices to another room so they’re out of sight and out of mind. Finally, don’t get discouraged if you don’t start getting better sleep right away. Setting up good bedtime routines takes time. But if you stick with it — and maybe have someone else in your house hold you accountable to your commitments — you’ll start to get better sleep and have more energy to take on the day in no time.

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