MAY 2019 KunkelCase Files 800-467-5272 • www.KunkelLawFirm.com • GKunkel@KunkelLawFirm.com
GETMOVING!
FROM THE DESK OF
Gregory Kunkel, Esq.
DON’T GIVE UP IF SSA DENIES YOUR CLAIM!
Recent statistics released by the Social Security Administration (SSA) once again confirm that the vast majority of applications are denied at the initial level or review. The SSA FY 2018 Waterfall Chart shows that SSA denied 65 percent of applications that were filed, and that only 12 percent of those initial denials were reversed at the reconsideration level. The latest statistics again confirm that you have a much better chance of approval if you appeal your case to an Administrative Law Judge (ALJ). In 2018, ALJs approved 45 percent of applications that were appealed. While the ALJ approval rate is down slightly from FY 2017, the statistics confirm that individuals should not be discouraged if SSA initially denies their application. In fact, in most cases, I tell my clients to hope for the best, but that they should not to be surprised or discouraged if their initial application is denied by SSA.
Celebrate National Senior Health and Fitness Day This May
As you age, it may feel like you don’t recognize your own body anymore. You swear that manufacturers are printing product packaging with smaller fonts, you groan whenever you sit or stand, and you visit the bathroom at least once every night. Aging is an adventure, and staying physically active is a constant battle between your aching joints and the will to get moving. Starting a physical fitness routine may be one of the healthiest choices you can make. As we approach National Senior Health and Fitness Day on May 29, take some time to evaluate your fitness activity level. You can use the following tips to live a more active lifestyle — no matter how old you are! Physical activity is one of the keys to a long and healthy life. For older adults, the benefits of physical activity are increased tenfold. When you participate in physical activity at least once per day, your chances of developing heart conditions, diabetes, and arthritis decrease. For patients who already have arthritis, low impact activities like water aerobics or walking can provide relief for the joints. Exercise is also essential to maintaining a healthy heart after a heart attack or stroke. Probably the most important benefit of staying physically active is helping you stay upright. According to the National Council on Aging, exercise helps prevent senior citizens from falling — one of the deadliest things that can happen to an older adult. GET STRONGER!
As always, we are here to guide you or a loved one through the disability process.
-Gregory
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... Cover story, continued
MEET NEW FRIENDS!
According to the council, every year, 1 in 4 Americans aged 65 and older falls in their home. Forming a habit of stepping outside for a walk every day could mean the difference between staying healthy or suffering a tragic fall.
While you’re strengthening your heart, you may find yourself creating strong bonds with other older adults — which can also be vital to your health! According to a study at the University of California, San Francisco, more than 40 percent of seniors experience loneliness on a regular basis. Spouses pass on, children become busy, and seniors may start feeling like they’re all alone. Living with constant loneliness can be just as detrimental as smoking 15 cigarettes every day! Studies have also found enhanced mental well-being when people remain active. So, joining an exercise class at your local gym or senior center can help you flex those muscles and build new relationships. Before you begin any physical fitness regimen, consult with a medical professional. They can give you advice on what types of activities to try and what pains to look out for. Whatever you do, just get out there and move!
HAVE FUN!
Spending even 20 minutes of every day devoted to some kind of physical activity is a huge benefit to your heart and joints. Yet, one of the biggest misconceptions about physical activity is that it has to be a specified workout regimen to qualify as physical fitness. Instead of slapping on your sweatband to get your heart rate up, try strengthening your body with leisurely activities or even household chores. Try a local dance class or spruce up your garden. Tackling the mess in the garage, walking to lunch with a friend, or volunteering to walk the dogs at your local humane society are all fun ways to work physical fitness into your daily life. The best part is you can mold your workout to your lifestyle. Do what feels right, fun, and active!
The Golden Era of Athletes on Social Media Out of the Dark and Onto the Web
It’s not an overstatement to say that social media has revolutionized the way we live our lives today. But with that massively powerful platform comes a massive responsibility, especially if you’re already in the spotlight. Athletes have taken the opportunity social media affords them to build their personal brands and engage in community outreach with the fans who look to them as role models, but there’s a downside to cataloging years of unfiltered thoughts on the internet. For better or worse, social media is here to stay, and we have full access to all the drama that unfolds for our entertainment. Despite the web’s potential for good, some pros can’t seem to get the message that every post falls under the scrutiny of the public. PR firms representing players have nowmade it a top priority to keep their clients’ images in line by scrubbing old posts that could be offensive and land them in hot water. Still, though, it seems like there’s a new controversy every week.
posting embarrassing images of himself partying when he should have been practicing, and he often blasted his private issues in public, seemingly with no filter. He’s out of a job now, most recently having been banned from the Canadian Football League. For every bad apple, though, there is a bushel of athletes who use their platforms for the greater good. HoustonTexans defensive end J.J. Watt, five-time Pro Bowler and NFL star, has used his social media“juice”to spread the word about his charity, raising over $4.6 million for youth athletic programs and organizations. Philanthropy aside, part of the beauty of celebrity social media is that the people who seem somuch larger than life become accessible because of it. In decades past, youmight have written a letter that, if you were fortunate, got a response from some unpaid intern. Today, fans can reach out directly to their favorite athletes. It is a personal connection unparalleled in history.
One of the best examples comes courtesy of former football star“Johnny Football”Manziel. The former HeismanTrophy winner was notorious for
What a time to be alive.
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Prom Safety Seeing gorgeous dresses, fancy suits, corsages, and boutonnieres pop up in advertisements can only mean one thing: Prom season is here! This time of year, teens are busy choosing the perfect dress or suit to wear, finding a date, making dinner reservations, and preparing for an evening of fun and dance. During this exciting time, give your teens a little encouragement and guidance to ensure they have a safe and memorable evening. CREATE A PLAN Create a plan for prom night, and make sure everyone knows what it is. Your teen should know and communicate with you what time the dance starts, what time it ends, if they’re going anywhere after, and when they’ll be coming home. PHONES Make sure your teen’s phone is completely charged in case they need to reach out to you sometime during the night. Encourage your teen to check in once every few hours, and establish an emergency code to use if they find themselves in trouble. 4 Tips to Keep Your Child Safe DRIVING You and your teen should also have a plan about the modes of transportation, who’s driving, and how many people your teen is going with. Trusting the driver is important. If you’re hesitant about letting
your child be driven to prom, find another way. If your teen is driving the family car, confirm that they will be the only person driving the vehicle.
DRESS SAFETY Make sure your teen is dressed comfortably and appropriately to ensure they have a fun night without any accidents. Encourage them to wear comfortable shoes that they can walk and dance in without pain. High heels are fashionable, but they shouldn’t wear heels so high that they may fall and hurt themselves. Whatever your teen decides to wear should be comfortable and hemmed to the appropriate length based on their height.
By keeping these safety measures in mind, your teen will have a wonderful and safe evening!
Inspired by Food & Wine Magazine
Take a Break!
STRAWBERRY MANGO PALETAS Ingredients
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1 1/4 cups strawberries, chopped 1/2 cup granulated sugar 3 tablespoons fresh lime juice
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1/2 teaspoon kosher salt 2 medium ripe mangoes, peeled, pitted, and chopped
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Directions
1. In a saucepan, toss strawberries with 1/4 cup sugar and let stand at room temperature for 15 minutes. 2. Add 1/4 cup water and bring to a simmer over moderate heat. Cook strawberries until mixture thickens, about 5 minutes. 3. Remove fromheat and stir in 1 tablespoon of lime juice and 1/4 teaspoon of salt. Let cool completely, about 45 minutes. 4. Meanwhile, in a blender, purée mangoes with 1/4 cup sugar, 2 tablespoons lime juice, and 1/4 teaspoon salt until smooth. Scrape into a mediumbowl
and clean the blender. Then, purée strawberry mixture until smooth. 5. Into 8 3-ounce ice popmolds, spoon 2 tablespoons mango purée. Add 2 tablespoons strawberry purée to eachmold, then top with remainingmango purée, leaving 1/2 inch between filling and top of mold. 6. Using a small knife, gently swirl layers together. 7. Insert ice pop sticks and freeze until solid. 8. Dipmolds in hot water for a few seconds, then unmold paletas and serve immediately.
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INSIDE THIS ISSUE From the Desk of Gregory Kunkel, Esq. PAGE 1 Exercising as You Age PAGE 1 The Golden Era of Athletes on Social Media PAGE 2 Prom Safety Tips PAGE 3 Take a Break PAGE 3 Strawberry Mango Paletas PAGE 3 The Price You Pay for Stealing a Penguin PAGE 4
The Holiday of New Orleans
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Animal Theft and Trespassing Don’t Go Unnoticed This IsWhat HappensWhen You Steal a Protected Animal
Youwake up slowly, still groggy froma raucous night out with your friends. As you look around, taking stock of your surroundings, you see the other inhabitants: a desk, your shoes, a penguin…a penguin?! While footage confirms that two youngWelshmen stole Dirk the penguin fromhis SeaWorld Australia home, the men had little memory of the night’s misadventures the next morning—until they sawDirk waddling around their rented apartment. The night before, after imbibing a hefty amount during their vacation in Australia, the men got the harebrained idea to break into SeaWorld and swimwith the dolphins. After getting inside, video footage captured them stripping down to their skivvies and running around the facility—until they spotted the penguin enclosure.“Look at them!”one said. Distracted from their original plan, they made their way to the penguins, grabbed one, and left. Dirk, the 7-year-old fairy penguin (the smallest species of penguin), was bred in captivity and had never left his enclosure. The next morning, realizing what they’d done, the three youngmen panicked and released Dirk into a nearby canal. But Dirk’s misfortunes weren’t quite over. He was chased out of the canal by what onlookers believe was a shark, only to be chased back in by a surprised dog.
Fortunately, concerned passers-by called authorities, and SeaWorld workers came to rescue Dirk and bring himback to his family.
Dirk returned unharmed to his partner, Peaches, but his kidnappers weren’t so lucky. Once a Facebook post recounting their misdeeds made its rounds, police traced the crime back to the twoWelshmen. They were charged with trespassing, stealing, and keeping a protected animal, and there was no shortage of public shaming as their crime circulated the internet. Taking note of their letter of apology and admissions of guilt and regret, the judge enforced a heavy fine for the crime in lieu of jail time. Charges for kidnapping a protected animal vary from state to state, but the Endangered Species Act ensures perpetrators face harsh penalties, including fines andmaximum sentences. The Animal Legal Defense Fund also provides free legal assistance and training to help protect animals from harm. Be careful on your next night out, and please, enjoy wildlife without stealing it!
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