The holidays are over, and 2012 is here. This is a perfect time for us to account for all of our many blessings and look ahead. In 2011, we lived, loved, and learned. Many lessons and experiences just fell into our laps. God threw us some curve balls that were in accord with His plan, and we had no choice but to swing at the unexpected as it was delivered. The unforeseen will have its place in 2012, as well. However, I feel that God expects us to mostly live life with intention. Accordingly, I like to set goals and control the things He wants me to control.

I cram everything that matters into four categories: Faith, Family, Finances, and Fitness. I think of them as pillars that hold me up, and I find that I am satisfied and steadied when I nourish these essentials.

It starts with faith. I believe that an honest relationship with God trumps all. Faith should fuel life’s every step. I understand that faith is not measured merely by the frequency of church visits, the amount of money tithed, or the number of prayers whispered. Yet, I provide my faith with more opportunity to grow when I regularly practice these things. I know when I have drifted from God, and I know that His arms are always open for my return.

The happiness and safety of my family is also vital to me. Now that I am a father, I understand the importance of living my life in an exemplary fashion. I worry about my son. I want him to learn from my mistakes, live a charmed life, and be a better man than me. I must make time for him and my wife. I must make time for my parents and sister. I must make time for all of my family.

I also have to be responsible with my finances. My career as a lawyer is an integral part of my financial pillar. I know that if I just keep the focus on the work itself, and helping my clients, then sufficient income will be there to pay my bills. Yet, it is incumbent upon me to also keep my spending in-check. I try to not live beyond my means, and I avoid debt. Debt puts dangerous pressure on people. Many good lawyers have overextended themselves and compromised their client’s interests. Many good fathers have neglected children because of an obsession with, or lack of, money. The handling of finances is a great test of character.

Lastly, I consider my fitness. This category commands the least of my attention. I have reached points in my life where I have been strong in my faith, good to my family, and ahead on my finances. Yet, I can’t seem to crack the code to better health. Every year, I have a new goal of losing the same 15 pounds. I am going to give it another go in 2012 by trying to eat less and exercise more. Health problems can devastate a person, and some conditions are unavoidable. But I can still control what I eat and how often I move.

None of the four pillars are mutually exclusive. Like the legs of a chair, each one is needed to support the weight of an individual person. If even one leg breaks, the other three become strained, and the person falls. Consequently, my New Year’s resolution is simple—Don’t Fall!

Jason Porter

The Bill of Rights is the first ten amendments to our Constitution, and each amendment is part of the Constitution. Most folk are aware of the First Amendment (freedom of religion, speech, the press, assembly, and petition), but few ever think about the other nine amendments of the Bill of Rights. Let’s look at two other amendments of the Bill of Rights, and compare how sinister politics are attacking them. As we shall see, one is attacked from the left and the other from the right.

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

That’s the beautiful words of the Second Amendment of the Bill of Rights. Recently, the U.S. Supreme Court interpreted these magnificent words, and ruled that “keep” means own, and “bear” means carry. The ruling begged the question: How could such simple, elegant words have been interpreted any other way?

Well, whenever you have a well funded group with a zeal to take away your constitutional right to own and carry a gun, it doesn’t matter to them what the Constitution says. They want to take away your Second Amendment RIGHTS and FREEDOMS because it suits their politics. So they twist and deform the words of the Second Amendment to gin up an argument to promote their cause. Fortunately, the U.S. Supreme Court saw right through the spin of the left wing, ultra liberal, gun control lobby.

Here’s the Seventh Amendment, also part of the Bill of Rights, which gives American citizens a mechanism to settle the disputes they may have with fellow citizens:

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.

Many RINO politicians today, who claim to be conservative, are pushing tort “reform” which would actually “deform” the Seventh Amendment. Tort reform is a set of laws to be passed by congress which would limit what a jury can award in a dispute. Please reread the simple, elegant words written by our Founding Fathers above in the Seventh Amendment, and then explain how tort reform is constitutional. Indeed, explain how tort reform does not violate the Bill of Rights. That is: if congress passes tort reform laws that decide the value of your dispute before your dispute even arises, how can the jury decide the value of your dispute when it actually occurs?

Just like with the gun control lobby, there is a well funded tort reform group that very much wants to take away your Seventh Amendment RIGHTS and FREEDOMS, and that right wing group is just as sinister and devious as any on the left. The group is made up mostly of insurance companies and Goliath corporations, and their water is carried by the Chamber of Commerce. They would have you believe that free money is given away every day down at your local courthouse, and the only way to stop it is for congress to limit the power of the jury.

Yet, last night reminded me that these “obligations” are really such blessings, and we should slow life down when we can.  I took my 2-year-old son trick-or-treating for the second time in is life.  He was a fireman, he loved it, and I loved that he loved it.

I have never had an experience or relationship that is as rewarding as being a father.  My son is teaching me every bit as much as I am teaching him.  And as I look toward the end of year, I hope that I will savor every moment with him instead of rushing to run out the clock on 2011.

JDP

They could take me completely out of the loop by paying claimants what they owe them under the law. Indeed, if they paid 70% on every claim, who would hire me and be left with 67% after my fee is deducted from the 100% I get for them. The truth is: I represent the people; insurance companies guard the money – and very poorly I might add.

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Don’t Punish the Majority for a Few Sinners

I found the recent column by Dr. Ed Leap in the Greenville News entitled “Country’s disability system is terribly broken” to be disheartening. Not because the writer misrepresented that there are rascals undeservedly receiving Social Security Disability benefits. To be clear, there are. But these people are the exception, not the rule. For every story about the healthy deadbeat who is drawing a disability check, there are hundreds of good souls who are rightfully receiving benefits and using them to prolong their quality of life.

But there’s nothing interesting about people who play by the rules and live their lives as they should. Stories of cheating devils dominate conversation at the water cooler or Thanksgiving dinner and are propagated en masse by the media. The perception widely becomes that no one receiving Social Security Disability deserves it. The political pressure causes the Social Security Administration to over-correct, and inevitably, some that deserve benefits get left out in the cold.

I am a trial lawyer, and I often represent clients seeking Social Security Disability. My concern is for people who paid their taxes and deserve their benefits. I can assure you that there is nothing easy about “getting your disability.” Applicants face scrutiny like never before. Denials at the first two stages seem routine, and I instruct all of my clients to expect a two-year process. When the hearing is finally set, I go through extensive trial preparation to leave no stone unturned.

Above all, I make sure I have a detailed statement and functional restrictions from the treating physician supporting the claim. Because of the stigma that is perpetuated by columns like Dr. Leap’s piece, many physicians do not want to get involved and are hesitant to render an opinion in even the clearest of cases. And when the treating physician will not stand up for a patient, the case is usually lost.

I live on a farm, and we have cattle. It’s common to see a swarm of stink flies settle on the back of a cow. But the cow stays calm, goes about her business eating the grass, and only occasionally whips her tail or head around to shoo the flies away. The flies dispense for a second, but then come right back to her. All the while, the cow keeps eating, living, growing. We occasionally throw a little dust on the cows to keep the flies away, but we don’t waste our limited time and resources fighting the flies on the cow’s behalf. And we certainly don’t kill the cows to spite the flies.

The lazy and the crooked will answer for their fraud in this world or be judged for it in the next. These are the same people that will steal from their mamas, rob banks, sell dope, etc., and I have no sympathy for them. But they are merely an inevitable annoyance rather than a systematic disease that has broken the Social Security system. They are flies, and we should treat them as such.

Understand, Social Security Disability is, in essence, an insurance program whose premiums are paid by our FICA taxes out of every paycheck. Your eligibility is based on your own work record and the amount of taxes you paid. I believe that Social Security employees try to make fair and just decisions. However, cynicism and skepticism reigns, as the Social Security Administration already feels immense political pressure to police the claims and catch the crooks. I fear that this pressure has lead to delays and unintended consequences for the deserving.

The system must maintain a perception of integrity or the righteous will suffer. In many cases, applicants have been denied and pass away during the appeal process. If these people were not healthy enough to live, then they certainly were not healthy enough to hold a full-time job. Others, who deserve their benefits, are shamed into not applying at all. They often die too, but not before financially and emotionally draining their churches and families, bringing those sacred institutions down with them.

Ben Franklin said taxes are a certainty. Rates are going to go up and down, but we will always have to pay taxes. An unearned ride for the few is not the worst thing about our tax system. The worst thing about paying taxes is being denied the very benefits for which you’ve already paid.

- JP

“Bocephus” is in “No Man’s Land”

Recently, Hank Williams, Jr. (nicknamed Bocephus as a child by his legendary father) came under fire when he compared President Obama to WWII Nazi dictator Adolf Hitler. Williams Jr. stated that President Obama and Speaker of the House John Boehner playing golf during the recent debt crisis debate was “like Hitler playing golf with Netanyahu.” Immediately, a wide range of liberal groups denounced his comments. And, when his comments resulted in a disagreement with management at ESPN, he lost his two decade long gig as theme song performer for Monday Night Football (fired, resigned, or a mutual deal – who knows).

I agree with Hank that President Obama and Speaker Boehner should not have played golf as the nation was in a high state of angst over the debt debate. It was just a very bad idea on so many levels. But Hank’s choice of analogy was just as poor, and it exposed him to unnecessary risks.

I liked his message much better in his song “The American Way” from his 1980 album “Habits Old and New” (album cut only, never released as a single). It had one crude line but in it he stood up for working people against the monied interests of country club elitists – the same bunch that is still running the GOP some 31 years after “Bocephus” recorded that song.

Hank is in over his head on this, way over. If he runs for the U.S. Senate, as some speculate he will, he could win based solely on his immense fan base. However, he will certainly face withering fire not only from the Democrats but also from GOP insider power brokers aligned with the country clubbers who still despise him. You see, politics is an insider’s game: it is NEVER about the sound bytes that either side spouts; rather, it is ALWAYS about power and/or money that both parties covet. Hank speaking his mind is great fodder for those of us who agree with him; but he is a threat to the insiders, and they will do all they can to destroy him to neutralize that threat.

Though Hank is a Republican, he is still a man of the people and is just not the country club type. Consequently, I am afraid he is about to learn some more “about the power of the dollar, and the people with white collars, and the good old American way.” To use Bocephus’ own analogy: Like Hitler, he has opened a two front war; he has the donkeys in his face right now, but he best have his head on a swivel for the elephants on his six if he chooses to run for office.

-00