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MARCH 2025 Kunkel Case Files 724-438-3020 • www.KunkelLawFirm.com • GKunkel@KunkelLawFirm.com The 5 Steps to Proving Social Security Disability
Social Security may still be considered disabled under Social Security’s regulations. The monthly SGA amount for 2025 is $1,620. Step 2 – Severity and Duration During step two, Social Security determines whether your impairment or combination of impairments is severe. Under Social Security’s regulations, “an impairment or combination of impairments is not severe if it does not significantly limit your physical or mental ability to do basic work activities.” Additionally, your “impairment must result from anatomical, physiological, or psychological abnormalities that can be shown by medically accepted clinical and laboratory diagnostic evidence.” It is important to understand that symptoms alone do not constitute a medically determinable impairment. As Social Security explains in one of its rulings, “Regardless of how many symptoms an individual alleges, or how genuine the individual’s complaints may appear to be, the existence of a medically determinable physical or mental impairment cannot be established in the absence of objective medical abnormalities, i.e., medical signs and laboratory findings.” Most individuals who are unable to work due to a physical or mental impairment can show the impairment is severe. In fact, Social Security rarely denies a claim at the second step of the process. Instead, most claims are denied based on the duration of the impairment or the impairment’s effect on the individual’s residual functional capacity to perform work-related activity. Unless your impairments are expected to result in death, Social Security will not consider you to be disabled unless your physical or mental impairment has lasted or is expected to last for a continuous period of at least 12 months.
Whenever we first meet with a person considering applying for Social Security Disability benefits (SSDI or SSI), we always provide an overview of the basic framework SSA utilizes to determine if a person is disabled under their regulations. Over the next two issues, I will provide an overview of SSA’s sequential framework for analyzing any Social Security Disability claim. Social Security follows a five-step sequential evaluation process to determine if an adult is disabled and entitled to SSDI and/or SSI benefits. When you file your application for benefits, Social Security will ask the following five questions to determine your eligibility for benefits. • Are you working? • Do you have a severe impairment? • Does your impairment “meet or equal” one of Social Security’s “Listed Impairments”?
• Are you able to perform your past work? • Can you perform any other type of work?
Depending on your answers, Social Security will determine if you are disabled and entitled to Social Security Disability benefits. Let’s take a closer look at each step in more detail. Step 1 – Substantial Gainful Activity (SGA) Social Security considers work substantial if the “work activity involves significant physical or mental activities.” Gainful work activity is any work performed for pay or profit, whether or not a profit is obtained. For example, a small-business owner working 50 hours per week at their pizza shop will likely be considered to be working full-time even if the pizza shop does not make a profit. Work is not considered substantial when the individual cannot perform simple and ordinary tasks satisfactorily without supervision or assistance or when the individual is doing work that involves only minimal duties. Using the pizza shop example, if a family member with a severe mental impairment provides services in the shop, such as bussing tables or washing dishes, but requires frequent breaks and constant supervision, it is unlikely the individual would be considered to be working at the SGA level. If an individual is working and earning over a certain amount, they will not be found to be disabled, regardless of their impairments. Thus, an individual earning less than the SGA monthly amount set annually by
In the next issue of our newsletter, I will provide an overview of steps 3–5 of the SSA sequential evaluation process. In the meantime, if you or a loved one has questions about applying for Social Security Disability, please do not
hesitate to contact our office for a free, no-obligation consultation.
–Greg Kunkel
www.KunkelLawFirm.com • 1 Social Security Disability • Workers’ Compensation • Employment Rights • DUI Defense
No one enters a marriage thinking it will end in divorce; however, when people hear the words “nuptial agreement,” the implication is that the couple has no faith the marriage will stand the test of time. But consider a different perspective. These agreements, whether prenuptial or postnuptial, can also be viewed as intentional steps toward restoring marital bliss, which can be especially beneficial when couples have financial concerns after marriage. Postnuptial agreements, in particular, can assist couples in making the best financial decisions for their marriage. Prenuptial vs. Postnuptial The only difference between a “prenup” and a “postnup” is the time of signing. A couple signs a prenuptial agreement before marriage, whereas they sign a postnuptial agreement afterward. Both types of agreements are contracts both spouses agree to sign to ensure a fair and decent distribution of financial assets in the event of divorce. 4 Common Reasons for Postnuptial Agreements There are many reasons a couple may want to create a postnuptial agreement. Perhaps both spouses wanted to sign a prenuptial agreement but never got around to it, or maybe the couple had a change of heart and wanted one after all. Either way, a postnuptial agreement can assist in the following scenarios. Dividing Interest in a Business: Separate or Marital Properties When dividing interest in a business, the main concern is determining marital and separate property. If the business belonged to one spouse before marriage, it is their separate property. If the business was established after marriage, it’s considered marital property. However, if both spouses contributed to the maintenance and operations of the business, Could They Be the Solution for Marital Harmony? CONSIDERATIONS OF POSTNUPTIAL AGREEMENTS
“A postnuptial agreement has an important place in many marriages and can relieve stress if you have relentless concerns about financial matters.”
it can be viewed as a hybrid property. Postnuptial agreements help couples categorize the business as a separate property to be left to the titled spouse. Determining Inheritance: To Whom Does the Money Go? If a spouse is bequeathed a large inheritance, the couple may choose to discuss the distribution of the funds in case the marriage dissolves. This is especially important if you live in a state where assets are equally dispersed between spouses if the assets were obtained during the marriage — i.e., community property. A postnuptial agreement trumps the community property law, granting the heir their full inheritance. Rebuilding a Relationship Postnuptial agreements can also function as a way to mend a strained marriage. Infidelity, for example, can be devastating to a marriage. As a condition for the marriage, the non-cheating spouse may require the cheating spouse to agree to sign a postnuptial agreement. This can signify hope for the marriage — but only under certain conditions. Protecting Stay-at-Home Parents A stay-at-home parent may have spent years out of the workforce but has equally contributed to the upkeep and harmony of the home. Because of that, the legally unemployed parent may find reentering the workforce difficult and want financial security through a postnuptial agreement. This would ensure they get a fair distribution of assets. Are you considering a postnuptial agreement? A postnuptial agreement has an important place in many marriages and can relieve stress if you have relentless concerns about financial matters. If you’re considering a postnuptial agreement, seek legal advice to navigate the complexities of these legal documents.
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Social Security Disability • Workers’ Compensation • Employment Rights • DUI Defense
Is there really such a thing as “ organized chaos ”? It depends on whom you ask! If you thrive in clutter, this article isn’t for you. Creating an organized space is simply a matter of ensuring household items have a place to be stored — and not in the one drawer filled with everything from ketchup packets and paper clips to a random Cheeto! Whether you’re preparing for house guests or diving into a spring-cleaning marathon, these organizing tips will bless your cluttered mess! Tension Rods for Shoe Storage Need more shoe space? Not a problem — just grab a few tension rods! If you have two sturdy objects — dressers, a wall and nightstand, etc. — you can place two tension rods between them and create a “shelf” to place your shoes on. Add multiple rows of tension rods for extra storage. Clothes Pins for Cabinet Door Storage Kitchen cleaning supplies, especially lightweight items, don’t always have to be placed on the floor inside the under-sink cabinet. Putting double-sided tape onto clothes pins and sticking them inside the cabinet doors creates an excellent place to hang rags/sponges, kitchen gloves, and sink stoppers. Napkin Holders for Pot Lids Using zip ties and upright wire napkin holders, you can create a lid organizer for your pots and pans. Rather than flipping the lid upside down on top of the pot, you can create a designated space for all the lids to reside. You can even organize your lids from smallest to largest! Pool Noodles as Hanger Spacers Between Clothes Pool noodles work as spacers to keep your clothes hanging neatly. Just take a pool noodle and make one cut length-wise to open the noodle, and then cut it horizontally into 1-inch pieces. Place the pieces on the bar in your closet and hang your clothes according to how many hangers you want between each spacer! Honeycomb Organizer for Socks and Undergarments Drawers that house undergarments and socks tend to get disorganized quickly. Honeycomb organizers are the perfect addition to ensure all items fit in the drawer, making it easier to grab what you need. These organizers are also adjustable, so they’ll fit any drawer size! Get It Together! DIY Organization Tips to Bring Order to Your Living Spaces
TAKE A BREAK
Creamy Tortellini Vegetable Soup
Inspired by EatingWell.com
Ingredients
• 2 tbsp extra virgin olive oil • 1 cup peeled and chopped carrots • 1 cup chopped yellow onion • 1 tbsp finely chopped garlic • 3 cups reduced-sodium vegetable broth • 1 (15-oz) can (no salt added) diced tomatoes with basil, garlic, and oregano
• 2 tbsp fresh basil, chopped
• 1/2 tsp ground pepper • 1/4 tsp plus 1/8 tsp salt • 1 (9-oz) package refrigerated cheese tortellini • 1 (5-oz) package baby spinach • 1 cup heavy cream
Directions 1. In a large Dutch oven, heat olive oil over medium-high heat. Add carrots and onions and cook for about 5 minutes or until onions are softened. Add garlic and cook for 1 minute or until fragrant. 2. Add broth, tomatoes, fresh basil, pepper, and salt. Bring to a boil, stirring occasionally. Reduce heat to medium, cover, and let simmer for about 5 minutes or until carrots are slightly tender. 3. Stir in tortellini. Cook until pasta is tender. Reduce heat to medium-low. 4. Add baby spinach and cream. Cook until spinach is wilted. Serve and garnish with additional basil if desired.
www.KunkelLawFirm.com • 3 Social Security Disability • Workers’ Compensation • Employment Rights • DUI Defense
Kunkel Law Firm 724-438-3020
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INSIDE THIS ISSUE
1 2 3
The 5 Steps to Proving Social Security Disability
Postnuptial Agreements: What They Are and Why They Matter
Creamy Tortellini Vegetable Soup
Decluttering Hacks Made Easy
4
Food-Based Courtroom Follies
Published by Newsletter Pro • www.NewsletterPro.com
BEEF BRIEFS BIZARRE FAST-FOOD LEGAL BATTLES
quantity of meat in its burgers compared to those other popular fast-food restaurants sold. Decades later, a New York resident launched a one-man mission to prove that one of Burger King’s modern-day competitors, Taco Bell, failed to heed the burger giant’s lead. In the summer of 2023, Frank Siragusa filed a class action suit against Taco Bell, alleging the company had “materially overstate[d] the amount of beef and/or ingredients” in its advertising for its Mexican Pizza and Crunchwrap menu items. Siragusa’s suit includes photographic evidence comparing the robust size of the advertised products versus the actual ones he purchased. While the case was ongoing as of this writing, Siragusa’s love for fast-food beef cannot be disputed. A Vegan Vendetta Vanquished Although only 3% of the adult population in the U.S. identified as vegan, according
to research presented by the Vegetarian Resource Group in 2022, people who refuse to eat any animal-derived products remain a passionate and vocal minority. In 2019, a vegan named Philip Williams took Burger King to court after learning that the patty in his Impossible Whopper — marketed as a meat-free alternative to the popular burger — had been cooked on the same grill as beef products. In his suit, Williams argued that because Burger King had added a plant-based meal option to its menu, consumers were led to believe the meal would be prepared separately from the animal-based items in the kitchen. The judge disagreed, later dismissing the case and noting that Burger King’s marketing of the Impossible Burger promised only a meatless patty and nothing more. The lesson learned? Sometimes, even in the world of fast food, what you see is what you get.
Is seeing always believing? Well, plaintiffs in two of the oddest legal cases in recent years set out to show the world that what ends up on our trays or in our drive-thru bags may not be as scrumptious as fast-food joints promise in their ads. A Clash With Burger King Readers of a certain age may remember Wendy’s’ famous “Where’s the Beef?” campaign that brilliantly marketed the
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Social Security Disability • Workers’ Compensation • Employment Rights • DUI Defense
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