Kunkel Law Firm - November 2019

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NOVEMBER 2019 KunkelCase Files 800-467-5272 • www.KunkelLawFirm.com • GKunkel@KunkelLawFirm.com

FROM THE DESK OF

WELCOME THE UNCONVENTIONAL THANKSGIVING

Gregory Kunkel, Esq.

SSA GRANTS FEWER THAN 4 OF 10 DISABILITY CLAIMS

A recent study completed by the Center on Budget and Policy Priorities (CBPP) shows that the Social Security Administration (SSA) grants fewer than 4 of 10 disability claims. Interestingly, the CBPP study confirms that ALJ allowance rates “dropped noticeably from 2010 to 2014. The CBPP attributes the drop in ALJ award rates due to stricter oversight by the SSA. The study, however, also confirms that allowance rates remain higher for cases that proceed to a hearing before an Administrative Law Judge (ALJ). Given SSA’s low allowance rates, it is more important than ever to hire an experienced Social Security disability lawyer if you or a loved one is pursuing a claim for Social Security disability benefits. Further, SSA denies many deserving claims at the initial and reconsideration levels because of a lack of medical evidence that your attorney can help obtain from your treating health care providers. As always, our firm is standing by to answer your questions and to guide you through the disability process.

3 Ideas for Mixing Up the Traditional Turkey Day

Some people love Thanksgiving just the way it is, but others feel the annual traditions that come with it are stifling. If you’re dreading the inevitable conversation about whose house to go to, which side dishes to cook, and who to invite to the table, why not mix things up for 2019? Just because Thanksgiving falls on the same fourth Thursday each November doesn’t mean you’re locked into the same holiday routine. If you’re stuck in a Turkey Day rut, try one of these alternate celebrations and enjoy the spirit of gratitude in a new way. TV shows love to draw up stories about devastated characters forced to spend Thanksgiving without their extended families, but really, what’s so bad about making Thanksgiving an intimate affair? Big, boisterous Thanksgivings with every uncle, cousin, and stepsister certainly have their downsides. Slaving over the stove is stressful, and bringing people from so many different walks of life together can cause heated arguments. Why not skip the drama this Thanksgiving and enjoy a romantic dinner with your significant other or a cozy meal with your spouse and kids? You can cook together at home or grab a table at a restaurant with a Turkey Day special to leave the stress of cooking behind entirely. In the end, you may be even more grateful for those you hold dear. ‘JUST US’THANKSGIVING

–Gregory

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FRIENDSGIVING

This gathering of friends rather than family has been a Thanksgiving option for decades, but in the last few years, rising popularity has given it a name: Friendsgiving. Some people think that the moniker dates back to a 2007 episode of the TV show “Friends,” while others credit Twitter users or a 2011 Bailey’s Irish Cream marketing campaign. Whatever its origins, The Atlantic says the informal, potluck-style meal gained real traction with 20- and 30-somethings in 2014 and has only gotten more popular since. Friendsgiving is a great option if you’re living far from home, don’t get along well with your family, or simply want to avoid the pressure holidays bring. For the best of both worlds, try adding a Friendsgiving to your Thanksgiving routine, either on the weekend before or the weekend after Turkey Day.

“Thanksgiving at the Beach.” Alternately, turning Thanksgiving into a family trip with your spouse and kids is a great way to completely avoid political discussions and best-pumpkin-pie debates. If anyone calls to ask where you are, just explain that you planned your trip months ago — then take another sip of your piña colada and show your kids how to make a turkey-shaped sandcastle.

altogether and jet off to a hotel room instead. The destination Thanksgiving is a great way to take advantage of days off work, and they can bring families together on neutral territory. If you’re bringing the full crew, rent an Airbnb for everyone and have fun experimenting with Thanksgiving recipes that fit your new surroundings. If you go tropical, for example, MyRecipes.com offers an entire menu for

DESTINATION THANKSGIVING

Here’s a new way to solve the “Whose house should we eat at?” debate: Skip the houses

HAPPY BIRTHDAY, MICKEY! How Much Do You Know About This Famous Mouse?

FIRST CARTOON CHARACTER TO SPEAK Mickey Mouse was the first animated character to be given a voice. His first words, spoken by none other than Walt Disney himself, were “hot dog,”which soon became his catchphrase. Here’s an even more fun fact: The third person to ever voice Mickey Mouse, Wayne Allwine, eventually married the voice actor of Minnie Mouse, Russi Taylor, after they met on the set of a Disney special. A DISCO-DANCING FIEND Mickey’s 1979 disco album, “Mickey Mouse Disco,”went double platinum in 1984, the first children’s album to do so. The album included disco versions of Disney songs as well as “Disney-fied” versions of popular disco hits. If you ever want to hear what all the hype was about, you can still find this album on iTunes. These are just some of many fun Mickey Mouse facts to develop over his legendary 91-year legacy. To celebrate Mickey’s birthday on Nov. 18, find your favorite Mickey Mouse movie and watch it with the whole family!

It’s true what they say: Everything gets better with age. For 91 years, Mickey has brought laughter and joy to both children and adults all over the world. November is Mickey Mouse’s birthday month, so let’s celebrate with these fun facts about our favorite cartoon mouse. A MOUSE BY ANY OTHER NAME ... Walt Disney originally named the mouse “Mortimer,” but his wife suggested “Mickey.”Disney later introduced a character named Mortimer, who had little in common with Mickey besides a shared last name and romantic interest in Minnie Mouse. THE MOST POPULARWRITE-IN CANDIDATE It’s true; Mickey is the most popular write-in candidate during election season. As one Georgia election supervisor noted in 2012, “Mickey always gets votes. If he doesn’t get votes in our election, it’s a bad election.” But he’s not the only Disney character who gets unwavering support. According to a California election worker, “Donald Duck is a close second.” So, if you’re one of the many who believe Mickey Mouse would be an excellent U.S. president, you’re not alone.

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NOT YOUR ORDINARY TURKEY SHOOT The Crazy Case of Jacobs v. Kent

Kent had failed to follow this rule when he shot Jacobs. They also could not determine whether the doctrine of primary assumption of risk, which Kent pointed to in his defense, was even applicable. The court also called into question whether Jacobs had also been negligent. Ultimately, the case didn’t move forward.

It began like any other hunting excursion. Neil Jacobs was walking softly through the bushes, looking for a spot to hunker down and watch for a flock of turkeys. The only problem was that someone beat him to that neck of the woods. James Kent had established a hunting spot for himself, and, when he heard rustling and gobbling in some nearby bushes and saw a flash of red, he took aim and fired. Unfortunately, the movement in the bushes was not a turkey. Kent was horrified to find that he had shot Jacobs. Jacobs promptly moved for a partial summary judgment against Kent on the basis that he had failed to determine that Jacobs was not a turkey but, in fact, a human being. Kent cross-moved for summary judgment, saying Jacobs should have expected risks when he stepped into a popular hunting environment. When their case came before the Supreme Court of the 4th District of New York, the courts denied both the motion and the cross-motion. They agreed that Jacobs had assumed the inherent risks of hunting — just not the risks it would be unreasonable to assume, like getting shot by another hunter who thought you were a turkey. Beyond that, the courts did not pronounce judgment because they did not have enough verifiable facts.

Maybe next time, they should just try getting a turkey from the supermarket.

Jacobs asserted that turkey hunters should not shoot unless they can see the turkey and verify its gender. The court could not determine whether

Inspired by FoodNetwork.com

Take a Break!

THE BEST LEFTOVER TURKEY SANDWICH

Thanksgivingmay be held on Thursday, but the food often lasts at least through the weekend. Tomake the best use of the excess, grill up some killer turkey sandwiches.

Ingredients

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3 tbsp leftover cranberry sauce

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2 slices sourdough bread 2 tbsp Dijon mustard 2 slices Swiss cheese 1/3 cup shredded leftover turkey

1/3 cup leftover dressing or stuffing

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2 tbsp leftover gravy 1 tbsp butter, room temperature

Note: Don’t worry if you don’t have all the leftovers required.

Directions 1. Coat inside of each bread

2. Combine sandwich and spread butter on both sides. 3. In a panini maker or large skillet, grill until crispy and golden brown. 4. Slice and serve.

slice with mustard and a slice of cheese. Place turkey and cranberry sauce on one slice and dressing and gravy on the other.

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INSIDE THIS ISSUE From the Desk of Gregory Kunkel, Esq. PAGE 1 Thanksgiving 2.0 PAGE 1 Fun Facts About Mickey Mouse PAGE 2 Not Your Ordinary Turkey Shoot PAGE 3 Take a Break PAGE 3 The Best Leftover Turkey Sandwich PAGE 3 Teaching Kids the Power of Voting PAGE 4

Published by The Newsletter Pro • www.NewsletterPro.com

Teach a Lesson About Voting This Election Day! Your VoteMatters, and, Someday, Your Kid’sWill Too!

The 2020 presidential election is heating up, but Election Day 2019 still requires citizens’voices to decide the fate of their cities, counties, states, and judgeships. As the U.S. enjoys a relatively quiet election day onTuesday, Nov. 5, use the opportunity to teach your children about their civic duty and the power of voting. FOR THEYOUNG KIDDOS There’s no reason why children can’t be involved in local elections. Let your kids tag along to the voting area, and ask for help from city workers and local representatives to answer your kids’questions. You can even set up your own family election by holding a vote over what to have for dinner or where the next family vacation should be located. If you’re looking for bedtime books to feed their curiosity, try out fun reads like“O, Say CanYou See? America’s Symbols, Landmarks, and InspiringWords”by Sheila Keenan. Various websites, like KidsVotingUSA.org, also have ample resources for educators and families. FOR NEWVOTERS Turning 18 comes with the newfound responsibility of voting for our country’s leaders, and, for new voters, the system, ballots, and restrictions can be confusing. Start by walking your teen through the registration

process, which can be done in person at your municipality’s office or online at USA.gov or Vote.org. Next, talk with your teen about what’s at stake in the upcoming election. Be careful not to seed your language with opinions so your teen can develop their own view. Direct them to resources like Ballotpedia.org, where they can find information, practice voting, and see local sample ballots. And, of course, when Election Day rolls around, celebrate their first vote! DON’T FORGET ABOUTYOU! Voting is a right and privilege that comes with U.S. citizenship. Don’t miss your opportunity to have your voice heard. Learnmore about your local election by visiting Ballotpedia.org or contacting your municipality, and be sure to register to vote if you haven’t already. Remember, your kids learn by watching what you do, not just by listening to what you say. Inspire them to get involved and, when the time comes, exercise their right to vote!

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