Take a look at our November newsletter!
Makin’ It Better NEWSLETTER
November 2022
Oregon Workers’ Compensation | Personal Injury | Social Security Disability
1139 Exchange St., Astoria, OR 97103 • 503-325-8600 • JoeDiBartolomeo.com
Give Them a Good Life After You’re Gone PROTECTING YOUR FURRY FRIENDS
Have you ever wondered where your pets would go if something happened to you, who would be their primary caretaker, or how would their costs be covered? You may not be able to leave your beloved pets money, but you can still set them up for a good life after you are gone! OPTIONS FOR ESTATE PLANNING FOR PETS When it comes to planning for your furry friends, it can be just as challenging as planning for your loved ones. Thankfully, there is a range of options for you to choose from. You can make simple arrangements or a complex trust or even leave your pet with an organization dedicated to taking care of pets.
that money on my dog. If he used the money to play the lottery, there would be no legal recourse. So, it’s always a good idea to name an alternate caretaker in case your first choice cannot do the job.
PET TRUSTS A stronger but more complex and expensive legal option is to make a pet trust. With this trust,
you can designate money and a legal obligation to care for your pet. If the caretaker fails to follow your instructions, they can be sued.
Each case is different, but when planning ahead for your pets, you should start by considering the following questions:
In this document, you:
• • • •
State the pets that are covered
• Do your pets have any unique care requirements that require special planning (health concerns, unusual behaviors, etc.)? • Where do you want your pets to live — at your home, with a friend or family member, or at a sanctuary? • Who will be responsible for providing daily care? • Who will be responsible for the oversight and administration of the assets left for the benefit of your pet? PETS IN YOUR WILL You can actually use your will to leave money to a trusted caretaker so they can take care of your pet. I like to think of it this way — if my health declined and I worried about what would happen to my beloved dog after I passed, I would ask a trusted friend to look after them beforehand. Unfortunately, my friend might be on a tight budget and may be unsure of how to pay for food, vet bills, and occasional boarding. I could use my will to leave my friend some extra money to take care of my dog’s needs.
Name a caretaker
Leave an amount of money to be used for pet care
Describe how the pet should be cared for
• Name a person to go to court and enforce the terms of the trust, if necessary • State what should be done with any money that’s left over when the animal passes LEGACY ARRANGEMENTS Unfortunately, not everybody has a person both willing and able to take care of their pets, but that doesn’t mean they don’t have options. Several organizations are there to help in such situations such as programs with the Society for the Prevention of Cruelty to Animals (SPCA), veterinary school programs, and private animal sanctuaries and rescue organizations. All pet owners want to be sure their furry friends are well cared for after they pass, so be sure to give careful consideration to the best ways to provide for their lifetime care.
This type of arrangement is legal in the sense that my dog will legally belong to my friend. However, my friend has no legal obligation to use
–Joe Di Bartolomeo | 1
The Di Bartolomeo Law Office, P.C. 1139 Exchange Street | Astoria, Oregon | 503-325-8600 | www.JoeDiBartolomeo.com
School’s Out! What Can You Do?
A LIFE-CHANGING SECRET THE BENEFITS OF LOW-IMPACT ACTIVITY FOR AGING ADULTS
PILATES Similar to yoga, Pilates is extremely gentle on your joints, but it incorporates a bit more strength training. The focus is on your core, but Pilates also works your arms and legs while also improving your flexibility and posture. It can be done with or without equipment such as yoga balls, rings, and weights. AEROBIC ACTIVITIES Endurance activities such as swimming, jogging, walking, and bike riding are all great options for boosting your cardiovascular function and building stamina. According to the CDC, adults who are 65 years or older should get at least 150 minutes of physical activity a week — or 30 minutes five times a week. Staying active into your golden years is essential for your mental and physical health. It can prevent health complications and enable you to keep up with your children and grandchildren for years to come.
As we age, it’s important to remain active and maintain a healthy combination of strength training, aerobic activity, and flexibility exercises. In fact, according to the Centers for Disease Control and Prevention (CDC), aging adults benefit greatly from regular exercise. However, you may find that there are certain movements you can no longer safely do or that your range of motion just isn’t what it used to be when you were younger. Low-impact activity is a great way to reduce the strain exercise can put on your joints while still allowing your body to reap the benefits. If you’re looking for some ideas or fresh workouts to incorporate into your routine, here are some that use safe strength and resistance training, proper stretching practices, aerobic exercise, and highly beneficial mobility work. STRENGTH TRAINING Don’t worry, we aren’t talking about bench- pressing 150 pounds! Instead, situps, pullups, wall pushups, squats, single-leg stands, and stair climbing are all different
types of low-impact body weight exercises that you can do at home without any equipment. They will help you burn body fat and reverse muscle loss. If you’d like to incorporate strength training, opting for hand weights is a great option. YOGA Yoga improves your flexibility, builds muscle, strengthens and stabilizes your core, and benefits your joints. If you’re new to yoga, don’t worry — there are many yoga programs specifically designed for new yogis or older adults.
Doing More Than the Minimal Amount of Work
When it comes to elevating your disabilities, the Social Security Administration (SSA) will look at whether or not you’re currently working. If you’re working part time and not earning much, you won’t automatically be denied disability benefits. But, if you’re doing a substantial amount of work, like working full time, it is guaranteed you will be denied benefits. WHAT IS SUBSTANTIAL GAINFUL ACTIVITY? The reason is that the SSA requires that a disability applicant be unable to perform a substantial gainful activity (SGA). The term is used to describe a level of work activity and earnings. The work is “substantial” if it involves significant physical or mental activities or a combination of both.
Here are some examples of what the SSA usually doesn’t consider as substantial gainful activity:
• Things you do to take care of yourself • Household chores • Physical, occupational, or mental therapy • Attending school • Involvement in social activities
WHO IS ELIGIBLE? To be eligible for disability benefits, a person must be unable to engage in SGA. A person earning more than a certain monthly amount (net of impairment-related work expenses) is ordinarily considered to be engaging in SGA. The amount of monthly earnings considered as SGA depends on the nature of a person’s disability. The Social Security Act specifies a higher SGA amount for statutorily blind individuals; Federal regulations specify a lower SGA amount for non-blind individuals. In 2022, that amount is $1,350 for non-blind disabled SSDI or SSI applicants and $2,260 for blind SSDI applicants (the SGA limit doesn’t apply to blind SSI applicants).
“Gainful” work activity is:
• Work performed for pay or profit. • Work of a nature generally performed for pay or profit. • Work intended for profit, whether or not a profit is realized. WHAT IS NOT CONSIDERED SGA? It is essential to know that, although these activities won’t demonstrate SGA for initial eligibility, the SSA may still consider them as evidence of whether or not you are disabled. If you can do some activities outside of work without functional limitations, Social Security can use this information to decide your work abilities.
If you have questions regarding substantial gainful activity, contact us at 503-325-8600, so we can help you navigate the process!
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The Di Bartolomeo Law Office, P.C. 1139 Exchange Street | Astoria, Oregon | 503-325-8600 | www.JoeDiBartolomeo.com
ENSURI
WARNING SIGNS Awareness of what’s going on with your body and mind can be challenging, but noticing the warning signs is an essential first step in combating drowsy driving. These signs include: • Yawning or blinking frequently. • Difficulty remembering the past few miles driven. • Missing your exit. • Drifting from your lane. • Hitting a rumble strip on the side of the road. TIPS TO AVOID DROWSY DRIVING There are a few things drivers can do before getting behind the wheel to prevent drowsy driving. • Get enough sleep: Most adults need at least 7 hours of sleep a day, while teens need at least 8 hours. • Develop good sleeping habits, such as sticking to a sleep schedule. • If you have a sleep disorder or have symptoms of a sleep disorder, such as snoring or feeling sleepy during the day, talk to your doctor about treatment options. • Avoid drinking alcohol or taking medications that make you sleepy. Check the label on any medications or talk to your pharmacist. A drowsy driver is a dangerous driver, but if you consider these tips and know the warning signs, we can prevent tragedy resulting from drowsy driving!
Drowsy Driving Prevention Week, which is held every year during the first full week of November, is an excellent time to remember that drowsy driving is impaired driving! The risk, danger, and often tragic results of drowsy driving are alarming, but it is preventable. IMPACTS OF DROWSY DRIVING No one truly knows the exact moment when sleep overcomes their bodies, but falling asleep at the wheel is dangerous. Drowsiness can affect your ability to drive safely, even if you don’t fall asleep. Drowsiness can cause the following effects: AVOID FALLING ASLEEP AT THE WHEEL Impacts of Drowsiness on Driving
• Make you less able to pay attention to the road. • Slow reaction time if you must brake or steer suddenly. • Affect your ability to make good decisions.
What drivers may not realize is how much drowsy driving puts them — and others — at risk. In fact, an estimated 6,400 people die annually in crashes involving drowsy driving, according to the National Sleep Foundation.
PUZZLE
Roasted Pork Loin With Apples
Inspired by MomFoodie.com
Ingredients
• 4 lbs pork loin • 2 tsp garlic powder • 2 tsp salt, divided • 1 tsp black pepper
• 8 apples • 2 red onions • 3 garlic cloves • 1 tbsp brown sugar
• 2 tbsp olive oil • 2 tsp cinnamon • 3 tbsp butter, softened
Directions
1. In a large bowl, season pork loin with garlic powder, 1 ½ tsp salt, and pepper, then cover and place in refrigerator for 30 minutes. 2. Preheat oven to 425 F. 3. Slice apples and onions, then chop garlic cloves. Season with brown sugar, olive oil, remaining salt, and cinnamon. 4. In a 9x13-inch baking dish, place a layer of apples and onions in the pan, put pork loin on top, then place remaining apples and onions around it. 5. Break butter into small pieces and place them on the pork loin and apples. Place dish in oven and let it bake for 15 minutes. 6. Reduce the heat to 350 F, then continue to bake for 60 minutes. 7. Remove dish and stir apples and onions. 8. Increase heat to 450 F, put dish in oven, and roast for an additional 8–10 minutes.
The Di Bartolomeo Law Office, P.C. 1139 Exchange Street | Astoria, Oregon | 503-325-8600 | www.JoeDiBartolomeo.com
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503-325-8600 JoeDiBartolomeo.com
PRST STD US POSTAGE PAID BOISE, ID PERMIT 411
1139 Exchange St. Astoria, OR 97103
What’s Inside
1
Estate Planning for Pets
2
Low-Impact Exercise for Aging Adults What is Substantial Gainful Activity?
3
November Brings Awareness to Drowsy Driving Roasted Pork Loin With Apples
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Why the PS5 Is So Difficult to Obtain
This November will mark two years since Sony’s PlayStation 5 was released to the public. There’s always been a high demand for new video game consoles whenever they are released, but Sony, Nintendo, and Microsoft have been able to keep up with the demand in the past. That has not been the case for the PS5. With the holiday season rapidly approaching, people will be trying to get their hands on one for themselves or to give as a gift. But there’s no guarantee that the PS5 will be any easier to get this holiday season than at any point in the past two years. So, why can’t Sony keep up with the demand for the PS5? One of the main reasons stems from the COVID-19 pandemic. In March 2020, Sony announced the pandemic would not affect production of the PS5 but later admitted that they had scaled back production during that initial year. The reason: Sony said there wasn’t enough demand due to the high price point and the number of people out of work. Why Can’t I Find a PS5?
refrigerators, mobile phones, computers, etc. Cryptocurrency miners have also been scooping up as many semiconductors as possible to power their graphics processing units (GPUs.) The PS5 also uses semiconductors, and since they’re in short supply, production has slowed down, causing a shortage of the gaming consoles. Experts believe the semiconductor shortage could extend through 2023. Even when stores do get a shipment of PS5s, there’s no guarantee they will go to individual customers who want them. Scalpers have taken advantage of this shortage and attempted to buy as many PS5s as they can. They have systems set up that automatically buy PS5s at Walmart, Target, and Best Buy whenever they come back in stock. Some stores have set up countermeasures, but hackers are finding alternative ways, making it more difficult for the average consumer to score one. If you’re hoping to purchase a PS5 this holiday season, the chances of finding one are still slim. You’ll need to keep up with restocks and be quick to hit the purchase button. UNDERSTANDING THE VIDEO GAME CONSOLE SHORTAGE
Another issue causing the shortage is the lack of semiconductors. Semiconductors are used in cars,
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The Di Bartolomeo Law Office, P.C. 1139 Exchange Street | Astoria, Oregon | 503-325-8600 | www.JoeDiBartolomeo.com
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