DISABILITY
DIGEST
April 2019
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A Beacon of Light Through Adversity
A NATIONAL DISABILITY LAW FIRM • SOCIAL SECURITY DISABILITY CLAIMS • LONG-TERM DISABILITY INSURANCE CLAIMS • VETERANS’ DISABILITY BENEFITS • ERISA & EMPLOYEE BENEFIT CLAIMS • PHARMACEUTICAL & MEDICAL DEVICE LITIGATION
About 10 years ago, we added veterans disability to our practice because we saw that veterans who had been denied their benefits needed representation, and we wanted to be there for them. Marilyn Gonzalez is the senior paralegal for our veterans disability department, and she joined our firm when it was brand new. “We had about five clients and no one to research how cases would move forward.That was my role,”Marilyn says. She’s been here as the department grew from five cases to 250. In the beginning, she was handling all of the paralegal duties for veterans disability as well as mass torque; now she works closely with two assistants. “They do so much for me,”Marilyn says of her team. “Amanda is my right-hand person; she always has my back.” Veterans disability has become a foundation of our practice, and people often come to us as their last resort. “These are veterans who are putting all their expectations on us.They have tried to get benefits through so many avenues,”Marilyn describes. “We are dedicated to helping them.”When a case is resolved for the client, it’s a victorious moment for everyone. “It’s very rewarding when you get an amazing outcome,”Marilyn says. “At that point, most people have no hope left. All of a sudden, they have benefits. It’s amazing to give them that news the moment the decision comes through.” Marilyn is no stranger to adversity — it’s what gives her such a compassionate outlook. Before joining Marc Whitehead & Associates, Marilyn worked for
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“I was at a crossroads,”Marilyn says. On top of the news about her employer and friend, Marilyn’s mother was suffering from cancer. Marilyn had been traveling back and forth to Florida to care for and be with her mother, and she wondered if she would find another boss who was as understanding about the situation. She began looking for jobs and soon found herself at a first interview, and then a second, at Marc Whitehead & Associates. Despite the stressful circumstances, Marilyn says, “I felt very peaceful.” She was soon hired as a paralegal at our firm. A few months into the job, Marilyn received more difficult news about her mother’s condition: The doctors were giving her four weeks to live. “Here I was at a brand-new job, and I had no idea what to do.” She turned to her new boss. “I spoke to Marc, and right away, he said, ‘Go to your mom. We’ll make it work.’ He is the most understanding person I’ve ever met,”Marilyn says. She traveled to Florida to be with her mom until she passed. When she returned to work, Marc not only
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WE SOLICIT THE OPINIONS OF MEDICAL & VOCATIONAL EXPERTS
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WE’LL GIVE YOU A DEDICATED CASE MANAGER TO
another respected attorney. Just after
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Christmas several years ago, Marilyn came in to work to find out he had to shut down the practice due to ailing health.
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Putting the ‘Fun’ in Run
In February, we had the pleasure of sponsoring and participating in the 34th annual Houston Bar Association John J. Eikenburg Law Week Fun Run. True to its name, we had a lot of
fun, and it made our hearts full knowing we were part of a great cause. One hundred percent of each entry fee went to The Center in Houston, and we were proud to contribute to that. For over 30 years, the Houston Bar Association has been raising money for The Center, and they’ve raised over $1 million in total. The Center is a nonprofit organization that empowers individuals with intellectual and developmental disabilities to live meaningful, dignified lives.The Center’s programming and services provide opportunities to these underserved individuals and give them the skills and tools to grow and be part of the community. Right now,The Center serves over 450 adults in the Houston area.They’re making a positive impact in our community, and we are happy to play our part in supporting them. ...continued from cover welcomed her back but also covered the wages she would have gotten while she was with her mother. “I feel very dedicated and loyal to Marc because he showed early on how understanding and caring he is,”Marilyn says. Because our work is demanding, Marilyn balances focused hours devoted to VA and mass torque cases with relaxing and fun activities with her family. She is an avid yogi, both teaching and practicing yoga in her spare time. Marilyn is also a very proud grandmother to her granddaughter, Farah Taina. “She’s the light of my life,”Marilyn says. “I spend a lot of time with her. She puts a smile on my face even on my worst days.” We are so grateful to have Marilyn at our firm helping veterans receive the benefits they have given up hope on. It’s our honor to serve our nation’s veterans and find justice for those who have more than earned it.
Our firm values education as a primary building block for growth through knowledge. It’s what led us to law school and our careers. It’s the reason we encourage our team members to follow their dreams through continuing education. Our paralegal, Patrick, is applying to law school, and our marketing director, Natalie, just started her MBA program. We also recognize that a college education is a privilege not accessible to everyone.Two years ago, this realization provided the impetus to start our scholarship program, which was inspired by three very important people: Frances and Earl Perry and Flora Marie Jenkins. The Frances & Earl Perry Memorial Veterans Scholarship awards $5,000 to veterans and the children of veterans to use toward their education at the college or university level. Our hope is to enable returning soldiers or their children to pursue their educational goals.We want to help position them for success in civilian professions.The scholarship is dedicated to Marc Whitehead’s uncle Earl and aunt Francis, who raised Marc while his mom was putting herself through law school. Uncle Earl served in the military and was discharged as a disabled veteran.Marc saw the challenges Earl faced when trying to get disability insurance, which motivated him to become a disability lawyer. The Flora Marie Jenkins Memorial Disability Scholarship awards $5,000 to aspiring individuals with disabilities to use toward their education at the college or university level. It honors Marc’s mother-in-law,Marie Jenkins.Marie died when Marc’s wife, Nina, was only 18.Though she passed away at a young age,Marie managed to have a positive impact on her friends, family, and anyone else she encountered in her lifetime.We remember her though this scholarship. We know how important higher education is in the pursuit of a rewarding career, and with these scholarships, we are honored to help deserving students enjoy the benefits of a postsecondary education. April 30, our scholarship deadline, is quickly approaching! If you or someone you know is a candidate, please encourage them to apply. You can find the applications and more information at DisabilityDenials.com/about-us/college-scholarships/ . We Want to Recognize 2 Deserving Individuals One Month Left to Submit Your Scholarship Applications!
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Exploring the Crimes of Antarctic Wildlife
Legal Case Study: Adélie the Rock Thief
theft is considered complete. If the thief returns and steals additional items, that could be considered a new crime and result in additional charges. So, since the neighbor penguin takes a rock, leaves the scene of the crime, and returns, he could be found guilty of multiple theft charges. If he’d decided to go big and take his neighbor’s entire nest at once, he might’ve been charged with grand theft. Now, if the penguin who was stolen from had used force to protect his precious nest rocks, the case would be complicated even further. Allowable force is generally limited in cases of theft. To prove self-defense, the victim penguin would have to show there was a threat of force against him, that he didn’t provoke the neighbor penguin in any way, and that he didn’t have the option to escape. From a legal perspective, it was probably best that the victim penguin didn’t use force. For now, we’ll leave the Adélie penguins to their nest-building business and save the legal cases for the human world.
On an island off the coast of Antarctica, a BBC film crew caught footage of a naughty penguin engaging in criminal activity. In the video, as one male Adélie penguin leaves his nest to search for additional rocks to add to it, his neighbor waddles over, removes a rock from the nest, and carries it back to his own. When the first penguin returns from his search, his neighbor plays it cool, but at each opportunity, he repeats the crime and steals his neighbor’s rocks. While animals aren’t actually subject to legal action, and the Adélie penguin was only behaving according to natural instinct, the fine writers for the blog Legal Grounds point out that the rock thief situation presents an interesting legal case study. By taking his neighbor’s rock and putting it in his own nest, the neighbor penguin committed an act of theft.Theft is defined as “the taking of someone else’s property with the intent to permanently deprive the victim of that property.” In some places, when a thief leaves the scene of the crime, the
Pasta Primavera
Puzzle Time!
Inspired by Food Network
Ingredients
• 1 pint cherry tomatoes, halved • 1/2 teaspoon crushed red pepper flakes • 1/2 cup grated Parmesan cheese, ideally Parmigiano-Reggiano • Kosher salt, for pasta water and to taste pepper flakes, and 1 teaspoon salt. Cook until tomatoes are wilted, about 2 minutes. Stir in reserved pasta water. 4. Add tomato mixture to pasta pot, stirring to coat evenly. 5. Divide into bowls, top with Parmesan cheese, and serve. cook until translucent and golden, 30 seconds. Add tomatoes, red
Directions • 12 ounces pasta, ideally fusilli • 1/2 pound broccoli florets • 2 carrots, shredded • 1 yellow bell pepper, cut into strips • 1/4 cup extra-virgin olive oil • 4 cloves garlic, thinly sliced 1. In a large pot, liberally salt water and bring to a boil. Add fusilli and cook according to package directions. Add broccoli, carrots, and bell pepper during the last 2 minutes of cook time. 2. Drain the pasta and veggies, reserving 1/2 cup of cooking liquid. Return pasta and veggies to pot. 3. In a large skillet, heat olive oil to medium heat. Add garlic and
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INSIDE This Issue 1.
A Key Part of Our Veterans Disability Team Joining the Fun Run Learn More About Our Scholarships A Chilly Legal Case Study Pasta Primavera Read Up on National Library Workers Day
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SHHHHHHH! Whether you have a card or not, libraries are an important part of our community.They serve as meeting places, research stations, employment centers, and local It’s National Library Workers Day!
As part of National Library Week, NLWD recognizes and celebrates the vital work performed by library staff. Librarians and their team do far more than simply place books on the shelf and shush noisy teenagers, after all. Library science is a multidisciplinary field that takes years of study to master. Today’s librarians have the skills of managers, IT specialists, documentarians, archivists, and educators — equipping them to help anyone from elementary students to doctoral researchers.These professionals can be an invaluable resource for anyone looking to delve into a particular topic, even if they don’t know where to begin. Just tell your local library worker what subject you’re interested in, and they can help you track down books, databases, magazine articles, and more. How should you celebrate National Library Workers Day? Some groups, such as the students at the University of Arizona, go above and beyond by delivering balloons and signs to library branches across Tucson. More commonly, however, library branches ask their community members to vote for a “star” staffer. If a library worker has made a difference in your life, you can submit their name to the American Library Association by visiting Ala-Apa.org and clicking “Submit A Star!” Lastly, you can show your appreciation by visiting your local library and thanking these professionals. These important community centers only work because they do!
historical archives.They help kids and adults alike explore vast literary worlds and immense databases of knowledge — all for free! Behind every library is a dedicated staff of librarians, catalogers, assistants, and administrators who keep the system running smoothly. While it may not be the most well-known holiday, April 9 is National Library Workers Day (NLWD).
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