8
in other words
november6
2014
Ask a Lawyer
By Steven Leskin
Q~
My husband and I have a daugh-
ter together. He pays me child support. I
believe that he hid his income in order to
pay less support. What can I do?
just poor customer service. If this was
someone you were doing business with
directly, you could in the future elect not
to do business with the company. How-
ever, you did not choose to get rear end-
ed nor to do business with this insurance
company.
Like with any poor customer
service issue, you can choose to contact
the person’s supervisor. And, in fact,
some insurance adjustors outgoing mes-
sages give the name and phone number
of their supervisors. You can choose to
file a complaint with the Oregon Insur-
ance Division. You can contact the per-
son who rear ended you and ask them to
intercede on your behalf in order to avoid
you hiring an attorney and suing them.
Finally, you can file a lawsuit against the
adverse driver. Once a lawsuit is filed,
the case file goes to the company’s at-
torneys. They may or may not be better,
but it at least moves the claim along to a
resolution on the court schedule.
A~
If your husband hid his income
and assets during a divorce proceeding,
Oregon law provides that you can re-
open your dissolution case if the assets
were existing at the time of the divorce
and were not discovered until later. The
court can then distribute them in a just
and proper manner in the circumstanc-
es. If the concealment is intentional, the
court could award the entire value of the
hidden assets to the spouse and award
attorney’s fees. If the non-disclosure
was inadvertent, the court can distribute
the assets in a manner which is just and
proper under all the circumstances.
If your husband hid income in
a subsequent hearing to modify spousal
support, you can go back to court within
a year based on an allegation of fraud
Q~
I applied for Social Security
and move to set aside the judgment.
Disability benefits based on my bad back
Q~
I was in a car accident. My car and chronic heart condition. I was a farm
was rear ended. The insurance adjustor hand for 30 years. The constant pain in
will not return my calls. What can I do? my back limits my ability to lift, bend,
squat and concentrate. My heart condi-
A~
These cases are different from tion limits my ability to exert myself. I
get winded very quickly. I filed for So-
cial Security and after a two year wait, I
finally appeared before a federal admin-
istrative judge.
The judge was rude to me. From
the moment I walked into the hearing
room, it was clear to me that she had de-
cided against me. She asked me a few
questions and lectured me the rest of the
time. I had a misdemeanor more than 15
years ago and she lectured me about that.
What can I do?
A~
In my experience, the federal
judges at Social Security are a mixed
bag. There are some who are outstand-
ing, scholarly and compassionate, and
there are others who just don’t get it. The
average approval rate for claims at the
hearing level is 65%. There are judges
who approve cases at less than 30% and
some less than that. It is fair to question
the competency of the judges who are so
far from the mainstream in terms of their
approvals.
If your application for benefits
has already been denied by the judge,
your only recourse is to file an ap-
peal with the Appeals Council in Falls
Church, Virginia. There, a new judge
will review your case and make an inde-
Creature Comforts: Feeling Thankful
By Michal Smith
This month is all about being thankful and
there’s an abundance of gratitude at Creatures!
We’ve continued our efforts with several folks
in the community to find homes for kittens of feral cats
in the area. We’re graced almost every day with sto-
ries from new kitten owners about the connection, af-
fection, and entertainment their kitten(s) has afforded
them. Some of these kittens have become therapy/com-
panions for both a human and/or another beloved pet
in the household; best friends with a troubled child; a
working hunter with a job; and most important, we hear
about how the kitten has become a member of the fam-
ily.
One such kitten is “Vern” purchased during
this year’s Jamboree and now living in the Tacoma
area. You can see his endearing photos on our Face-
book page (Creatures-Pet-Shop).
We wish we were all sold out of kittens, but to
no avail. They are still abundant-AND affordable! For
just under $60 your new friend is spayed/neutered; de-
wormed; deflead; had first vaccinations; and is healthy.
Please consider adopting and/or at least sharing this op-
portunity with your friends and co-workers out of the
area.
Another point of gratitude is Baily’s Pantry in-
side the Vernonia Cares food bank which stocks dog
and cat food for needy families with pets. To assist,
we’re kicking off our 3 rd annual fundraising efforts to
help stock their shelves. This year we’re going to try
and fill an animal carrier with the sale of paper puppies
and kittens for $1 each. On Dec. 31 st , one lucky winner
will be drawn from the carrier full of puppies and kit-
ties to win the carrier!
Speaking of December, MIKE’S CHRIST-
pendent decision. You can submit addi-
tional evidence related to your disability.
If the judge has not issued a de-
cision, your best course may be to with-
draw your application and file a new ap-
plication for benefits. If the judge issues
a decision, you may not be able to re-
ceive your back benefits after the date of
the decision. By withdrawing your ap-
plication, you preserve a greater period
of retroactive benefits.
Finally, every person deserves
to be treated with respect and dignity
by the federal government. Even if the
judge did not like you or your claim,
she was obligated by the Judicial Code
of Conduct to treat you impartially. Un-
fortunately, you do not have a lot of re-
course. The judge may not be subject to
the Oregon Judicial Code because she
is licensed in another jurisdiction. Your
only option may be to file a complaint
with the Social Security Chief Admin-
istrative Law Judge and request that the
hearing tape be reviewed.
Steven Leskin is an attorney in North
Portland. He has been in practice since
1992. You can submit questions to
him through www.StevenLeskin.com or
through the Vernoia’s Voice website.
MAS TREES will be back at the store this year! Shortly
after Thanksgiving plan on picking out a locally grown,
beautiful tree for your holiday! (We’re told the Blue
Spruce is looking amazing for the season…).
New this month is the opportunity to receive
deep discounts through our pre-purchase promotions
driven through Facebook (Creatures-Pet-Shop) and in
the store. This is all in preparation for holiday gift giv-
ing and it’s not too early to begin making your lists!
Things like horse blankets and select tack, dog crates
and houses; cat furniture; large Melissa and Doug toy
sets for children, as well as customized gift baskets in
all departments will be included.
As always, we know we wouldn’t be here with-
out you, our loyal, local customers. Thank you for your
support and patronage! Open 7 Days a Week! Mon-Fri
10-6; Sat 10-5; Sun noon-4; 503-429-PETS(7387).
Ford Named Administrator of Public Health Foundation
The Public Health Foundation of
Columbia County is pleased to announce
Sherrie Ford has accepted the position
of Administrator effective October
1, 2014. Sherrie has been serving as
Interim Director since April 19, 2014.
Ford brings a knowledge, familiarity,
and understanding of Columbia County
as a long-time resident but also provides
a fresh perspective on ways to improve,
grow, and develop services.
Ford is a St. Helens High School
graduate. She attended Oregon State
University, earning a Bachelor’s degree
TOO BUSY?
Call your LOCAL bookkeeper
R
Y
OLL
A
P
PLUS LLC
Edi Sheldon 503-429-1819
edisheldon@gmail.com
Licensed tax consultant • Full service payroll
Personal & small business bookkeeping • QuickBooks assistance
CORPS, S-CORPS, LLC, Partnerships • Personal one-on-one service
LTC #29629 - Oregon licensed tax consultant
RTRP #P00448199 - designated as a registered tax return preparer by the Internal Revenue Service
The IRS does not endorse any particular individual tax return preparer. For more information
on tax return preparers, go to www.IRS.gov.
in Nutrition and a Master’s degree in
Public Health. “I came back to my
home community and was fortunate
enough to start my Public Health career
in Columbia County. My six years with
the agency have provided me with an
opportunity to serve, build relationships,
and improve access to care. I am proud
and fortunate to invest my time right
here at home,” explains Ford.
In 2008, Ford was hired to
Public Health in Columbia County
to coordinate the school-based health
center program. During her tenure, two
additional school-based health centers
were opened in Rainier and Vernonia,
with planning underway in Scappoose
and Clatskanie. Ford has successfully
sought, been awarded and managed
nearly $2 million in grant funds to the
agency.
The Foundation is the legal
authority regarding Public Health
in Columbia County, responsible
for many different programs such
as Women, Infant, Children (WIC)
nutrition program, Tobacco Prevention
and Education, Environmental Health
including water, as well as restaurant
Sherrie Ford, the new administrator
for the Public Health Foundation of
Columbia County attended the grand
opening of the Vernonia Health Center.
and pool licenses and inspections. The
agency also employs skilled nurses
who come to a family’s home as they
get ready to have a new baby and after
baby has arrived to help the family get
the best start. Staff provides assistance to
people who have questions about Cover
Oregon and health insurance, and can
continued on page 15
