The Tony Kornheiser lesson: Even when you think someone is not, someone is ALWAYS listening

February 23, 2010 · Filed Under Labor & Employment · Comment 

Of course, by now, you have probably heard of the statements that Tony Kornheiser made about ESPN Analyst, Hannah Storm.  In case you missed it, here it is what he said:

“Hannah Storm in a horrifying, horrifying outfit today,” Kornheiser said. “She’s got on red go-go boots and a catholic school plaid skirt … way too short for somebody in her 40s or maybe early 50s by now.

“She’s got on her typically very, very tight shirt. She looks like she has sausage casing wrapping around her upper body … I know she’s very good, and I’m not supposed to be critical of ESPN people, so I won’t … but Hannah Storm … come on now! Stop! What are you doing?”

Now, the fact that he made these statements are bad enough.  I don’t think anybody would question that point.  However, it’s further magnified by the fact that he made the comments on his radio show.

Do we feel sorry for him?  OOOOO, no!  2 weeks off the air is just a drop in the bucket.  He’s already apologized and he will be back on prime time before march madness is officially over.     The reason I’m bringing this story forward is for the millions of people who ‘like’ Tony think they can say something and nobody is paying attention.

Unfortunately, most people don’t realize that every one on the internet has the potential to reach MILLIONS of people in an instant.   And for those of you who are working, you need to realize one fundamental fact.   If you use the internet as your sounding board, at least ONE of those millions of people may know your BOSS!!!!

Let’s be real.  We LOVE our technology.  We’re intoxicated by twitter.   Fascinated by Facebook.  Mesmerized by Myspace.  Blown away by our Blogs.  And yelling ‘hip hip, hoo ray’ for YOU TUBE!  And you better believe that we use every tool that we can think of when can.

Unfortunately, in our ‘haste’ to fully maximize all of these tools, we let two little words called ‘common sense’ seep out of our ears.   What made you think that  posting an update on your facebook page that says “my boss is an idiot’ wouldn’t get back to her?   Who told you that a ‘tweet’ that says “my boss is stupid” wouldn’t get back to him?

And I got news for you.  It’s almost like getting caught in bed with someone who is NOT your significant other.   You can do the Texas Two step as much as you want but when the music stops, yo ass is GONE!! You can’t argue a post that YOU wrote.   You can’t argue what you put in YOUR facebook page.  There is no getting around it.  And, as one of my tech friends once told me, once it’s on the web, it’s A WRAP!  You can’t get it off.  You can’t modify it.   You may be able to TRY and delete it but if the wrong person saw it and copied it, I got two words for you:
“TOO LATE”
“PINK SLIP”
“YOU’RE FIRED”

Hell, take your pick!!

And OH, don’t think because you wrote a posting AFTER hours at home that you’re safe.   As more and more companies move to regular use of technology, you NEVER know who may watching.  Now, I’m not saying that you should censor your speech.  However, you need to understand two points.  ONE, if you say something disparaging about your employer, be prepared to accept the consequences.  TWO, you don’t TRULY know who has your back in an employment situation so don’t let yourself fall into a false sense of security.  In the right situation, people WILL DIME YOU OUT!!

Listen, we aren’t all of the same calibur as Hannah Storm or Tony Kornheiser or Shawn Johnson or Apollo Ohno.  Millions of people are not resting on our every word.  But be careful.   There are a FEW people who are very interested in what you have to say and you don’t want WHAT you say to effect WHERE you work.

Cancer and Social Security Disability benefits: Not as easy as you think

February 16, 2010 · Filed Under Social Security · Comment 

Today, I was going through my normal surfing like most people do and realized that Bo Griffin, former TV Host of HGTV’s “The Big Reveal” passed away due to Cancer.  She was experiencing pain in her back and was unaware that she had cancer.  Unfortunately, her bought with cancer was fairly short as she died with a few weeks of its discovery.   She was diagnosed with intestinal cancer.   The news of her death spread fairly quickly (thanks to the advent of social media, twitter, and you tube).

However, upon hearing of her death, I instantly thought about Roger Ebert, noted movie critic, and his widely publicized bought with Thyroid Cancer.  He was successful in his fight but it left him with the inability to speak.

The thing that really resonated to me was the distinctive difference between the two types of cancer.   In Ms. Griffin’s case, she had no knowledge of the cancer and it overwhelmed her quickly.  In Mr. Ebert’s case, a radical procedure saved his life yet the possibility of it returning still remains.

I’ve represented a number of people who have had different types of cancers over the years and I have found that each one presents a unique set of circumstances as they relate to Social Security Disability benefits:

1) Suspected Cancer versus Cancer
The word “Cancer” is a terrifying word.   Like HIV and AIDS, there is no known cure for cancer.  As such, you can use chemo, surgery and radiation but you may not totally keep it from reoccurring.   For purposes of Social Security, it’s important to know the difference between being diagnosed with Cancer and being ’suspected’ of having cancer.   Usually ’suspected’ comes into play when the doctor has a reason to believe that some type of nodule or growth or something that has alerted them to the possibility of cancer.   However, for Social Security purposes, this doesn’t not guarantee the receipt of disability benefits.

2) No two cancers are the same
Under the Social Security regulations, individuals may be found disabled if they meet the criteria for certain medical impairments that are listed in the regulations (The listings).  Most people don’t realize that Social Security maintains several listings of different types of cancers.    As such, just merely being diagnosed with cancer by itself doesn’t guarantee an immediate favorable result.

3) Remission  sometimes means Recovered
Cancer is a devastating condition.  The treatment that people have to go through in order to combat cancer can be painful and traumatic.  However, most people don’t realize that it is not uncommon for people who have gone through the treatment to go back to their normal lives.  As such, Social Security can be tough on some cases where the person has completed the treatment and their doctor has given them a clean bill of health.

4) Remission and BEYOND:  How are you doing now?
Most people have to follow an aggressive follow up routine to make sure that the cancer doesn’t come back.  Some people come out of the treatment with no problems or any residual problems.  The key is ‘how are you doing now’?    Most people don’t understand that Social Security wants to know if you are still having problems and MORE IMPORTANTLY, does your doctor know that you are still having problems?

5) Cancer and the TERI case
TERI stands for Terminally Ill.  These cases are usually expedited because the person has a high likelihood of dying in a short period of time.  I had the opportunity to represent my client’s mother when her cancer returned.   Due to the aggressive nature of the cancer, she received disability benefits in less than a month.  Unfortunately (god rest her soul), she passed a few months later.

I’ve had a few cases where I’ve literally watched someone deteriorate before my very eyes and so I take Cancer very seriously when clients complain that they believe they are disabled due to cancer.  The word, by itself, doesn’t guarantee a result.  Keep in mind that even though cancer is devastating, you must realize that you may need to provide SSA more in order to demonstrate that cancer is disabling to you.