Marc Whitehead & Associates February 2018

Disability

February 2018 888-497-9061 |DisabilityDenials.com Advocates A National Disability Law Firm

A T T O R N E Y S A T L A W , L L P

25 Years Dedicated to You

When we win a case, it’s not just about money — our clients are often fighting for their life. Having access to the healthcare you desperately needed is life-changing. It’s the relief we want to provide to all of our clients. At home, I stay very busy with my family. I have four daughters, and most of my free time is spent with them. Two of my girls are in junior high, one is in high school, and the other is a freshmen at Texas State University. It’s a joy to watch proudly as they transition into each new phase of life. One of our favorite family activities is to go to the lake, so that’s probably where you’ll find us when the weather is nice. You might even find me on a little sailboat that I’m learning to use. It’s something I’ve only recently taken up, and it’s taught me a lot so far. For instance, there is a large difference between sailing on a lake and sailing on the ocean — neither of which am I very good at. But I’m hoping to improve this year. I look forward to interacting with you through our newsletter. If you have any questions, please don’t hesitate to reach out. Even if we can’t help, we probably know someone who can. Most importantly, we want you to know you’re not alone. Thank you for being part of our journey. We wouldn’t be celebrating 25 years without you. You are dear to our hearts.

in representing people like him and ultimately led me to practice disability law.

Last month, we celebrated the 25th year of our firm. It was a milestone for us, and caused me to think back to our early days. It was 25 years ago when I decided to strike out on my own. Young and naive, I thought it would be simple enough to start a law firm. Fortunately, I was surrounded by good people who I could learn from. At the top of that list was my mother. She started her legal career the same year I entered my junior year of high school. A single mother, she went back to school later in life and found her calling. When it came time for me to decide my career path, I looked to her as an example and chose law. Around the same time, I was living with my uncle while my mom went to college. I watched as he, a disabled veteran, waded through the disability process. Seeing how difficult it was for him to navigate this territory peaked my interest

Back then, veterans couldn’t get lawyers to represent them because, according to the VA, lawyers couldn’t charge any client who was a veteran more than $10. While this plan had good intentions, it meant that veterans had a really hard time getting assistance. In 2007, the law changed, making it easier for veterans to get the representation they needed. Our firm is proud to serve veterans and help them receive the benefits they are entitled to. By the time we get involved in a disability case, it’s often a life or death situation for our client. When you have a health concern and aren’t getting the benefits you need to treat it, your health and well-being can be in serious danger. When we take your case, we understand the position you are in and are on your side.

Thank you,

-Marc Whitehead

888-497-9061 |DisabilityDenials.com

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It’s time to break the bad news to your grandkids: Social media isn’t just for them. A study from the Pew Research Center found that 47 percent of baby boomers are using social media. Facebook in particular proves to be an excellent resource for adults moving through the later stages of life. This social media platform helps keep you in touch with friends, family members who live far away, and workplace acquaintances who you don’t see during retirement. Social media can help you gather the people you want to keep in contact with in one centralized location. Here are a few things to remember for keeping your digital friendships enjoyable. SOCIAL MEDIA ISN’T A DIARY No one wants to see a feed clogged with posts from the same person. Your friends might like reading about exciting vacations or days with the grandkids, but they don’t need updates about your wait in line at the grocery store. Sharing TMI (too much information) will put you on the fast track to losing friends. IT’S OKAY TO HIT UNFRIEND Likewise, if you find yourself sick of Judy’s moment- by-moment updates of her dog’s kidney stone, feel free to cut ties. That might entail unfollowing (you remain friends, but no longer see their posts in your feed), unfriending, or blocking a person entirely. There’s no reason to keep in touch with someone whose very profile picture makes you angry. CHECK A SOURCE BEFORE SHARING Just because something is online, that doesn’t make it true. It’s just as easy for someone to post a lie about a celebrity or politician as it is for Judy to post about her dog. If you read a news story that gets a rise out of you, double check the facts before you hit share. Googling the article’s claims and main points will bring up similar articles — if those claims are true. This will help you determine if it’s breaking news or a big hoax. Just 10 years ago, snail mail and expensive long-distance calls were the only way to keep in touch with the people we couldn’t see every day. Thanks to social media, we can stay connected to our loved ones around the world. Now that’s something that deserves a like. and Stay Connected Be Social Media Savvy

Sara’s Story When Marc Whitehead & Associates take on your case, it’s because we recognize you have a right to disability benefits that is not being fulfilled. That was the situation faced by a recent client of ours, Sara*, who had been denied benefits. She had been a bank teller for 13 years and had recently obtained her registered nurse (RN) license, but had acquired neither the time nor the experience for those skills to be transferable. The insurance company awarded her an own-occupation policy initially, but when her claim didn’t yield any such policy, she turned to us. The insurance company had conducted an evaluation that failed both to perform a labor market survey and to conduct a peer review by other doctors. After we confirmed that Sara had a case, we went to work to show the insurance company she had the right to benefits. One month after we filed her appeal, Sara was awarded benefits. About working with Marc Whitehead & Associates, Sara said she was very impressed we give so much information to our clients instead of just blindly allowing an attorney to do the work. That’s how we do things at our firm: You will be involved and informed every step of the way. In this case, Sara had disabilities related to her back, knees, shoulder, hands, and feet.

If you find yourself in Sara’s situation, give us a call toll-free at 888-497-9061.

*Name has been changed to protect the client’s identity.

The head of our Social Security department, Anthony Vessel, has years of experience with disability claims. In those years, he’s seen a few missteps people make when going through the appeal process. Here’s how to avoid making those mistakes. Don’t Just Say ‘I’m Fine’ When someone asks you how you are, you almost always respond with, “I’m fine,” or, “I’m well.” Usually it’s our default response, even when we’re not feeling fine. We see this often when people file for Social Security. Many clients have medical records saying they’re fine even when they’re feeling poorly. The record clearly doesn’t tell the whole story and can be misleading. Maybe you have chronic back problems, arthritis, or other medical issues that prevent you from carrying out the duties of your job, but because you’re used to saying “I’m fine,” that’s what you tell your doctor. And the flippant response ends up on your official record. When it comes time for your day in court, the judge won’t have a reason to award benefits. Don’t make this mistake. When you see your doctor, let them know what’s wrong. Clearly outline all of your physical discomforts. That way, they can help you, and your records remain accurate. 1. Don’t tell your doctor you’re fine when you’re not.

2. Your disability paperwork is not a resume.

When you’re applying for a new job, it’s a great time to share all of your expertise and how many sales you made last year. Don’t approach your disability paperwork the same way. What’s needed on this paperwork are the physical rigors of your job. Why can’t you type on a keyboard anymore? How much standing or lifting did you do during work hours? If you don’t describe all the nooks and crannies of your job, you’re not giving the judge an accurate representation of the strains your work can cause.

Remember: No one knows your disability like you do.

If you have questions about this information and how it affects you, please feel free to reach out to our educated staff at Marc Whitehead & Associates.

Sweet and Zesty Detox Salad Ingredients (Recipe inspired by GimmeSomeOven.com.)

For the Dressing: •

For the Salad: •

1 large carrot, roughly chopped

3 cups chopped kale leaves 2 cups chopped broccoli florets 2 cups chopped red cabbage

• • • • • • •

1/4 cup rice wine vinegar 2 tablespoons olive oil

• • • • • • •

1 tablespoon finely chopped ginger

1 cup matchstick carrots 1 cup chopped cilantro

1 tablespoon honey

1 tablespoon white miso 1/2 teaspoon sesame oil Salt and pepper, to taste

1/2 cup toasted slivered almonds 1/3 cup sliced green onions

1 diced avocado

Directions

1. To make the salad, add all ingredients to a large bowl; toss to combine.

2. To make the dressing, add all ingredients to a blender or food processor. Pulse until smooth. Season to taste with salt and pepper or add extra honey for a sweeter taste.

Puzzle Time!

3. Drizzle dressing over salad and serve immediately.

PRSRT STD US POSTAGE PAID BOISE, ID PERMIT 411

5300 Memorial Drive | Ste. 725 Houston, TX 77007 | 888-497-9061 DisabilityDenials.com A National Disability Law Firm

Find our E-books at DisabilityDenials.com

Inside This issue 1. Our 25th Anniversary

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Are You Committing a Facebook Faux Pas? Courtroom Success 2 Mistakes to Avoid in Your Disability Case Whip Up This Winter Salad in a Flash!

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Have You Heard of Ruby Chocolate?

Sample These Chocolate Facts Chocolate lovers, rejoice! After 80 years, a new variety

WHAT’S IN A NAME? The ancient Mayans are credited as the first people to grow and consume chocolate. However, the word “chocolate” comes from the later Aztec civilization. The Aztecs loved a bitter, spicy beverage made from cacao beans called “xocoatl.” And since we’re on the topic of words, the scientific name for the tree that grows cacao beans, Theobroma cacao, is a Greek word, which translates to “food of the gods.” This just proves cocoa connoisseurs were right all along — chocolate really is divine. A SWEET DEAL Speaking of the Aztecs, their civilization loved chocolate so much that cacao seeds were used as a form of currency in Mesoamerica. During the American Revolution, chocolate was still accepted as payment, sometimes used in soldiers’ rations in lieu of wages. Even today, chocolate remains a valuable commodity. The chocolate industry is worth around $110 billion a year. Humans have enjoyed the sweet pleasures of chocolate for thousands of years. And with so many chapters of candy history left to explore, namely ruby chocolate’s eventual entrance, it’s clear the treat won’t go out of style any time soon.

of chocolate has finally graced the world: ruby chocolate. This naturally pink chocolate, created by Swiss chocolatier Barry Callebaut, is not milky like milk chocolate, sweet like white chocolate, or bitter like dark chocolate. Instead, Callebaut describes the flavor of his confection as a “tension between berry fruitiness and luscious smoothness.” Unfortunately, while ruby chocolate sounds like a wonderful treat, it is not yet available to consumers. So, as you wait for ruby chocolate to be stocked in your local grocery store or candy boutique, satisfy your chocolate cravings with some sweet facts about your favorite treat. IMPOSTERS! The names of certain chocolates can be very misleading. German chocolate cake, for example, is not named after the country of Germany. It’s actually an American dessert that was first baked in 1852, named for its creator, Sam German, and originally called “German’s chocolate cake.” White chocolate also suffers from a mistaken identity. Made primarily from cocoa butter, white chocolate does not contain any cocoa solids, which means it’s not technically chocolate.

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