Hart Law Office PC, owned by Amy K. Hart, JD

01/27/2023

SCRA expanding more protecting for military members with orders to move:

Many military members are aware that pursuant to the Servicemembers Civil Relief Act (SCRA) they can terminate their apartment/home lease due to a Permanent Change of Station (PCS) or deployment. However, did you know that military members are also able to cancel a wide variety of other leases and contracts under SCRA? Members set to PCS or deploy can terminate auto leases, cell phone contracts, cable contracts, and internet service contracts. Due to recent amendments to SCRA in January 2023, military members can now cancel fitness and home security contracts as well. If you do cancel a contract pursuant to SCRA, the service provider cannot impose an early termination charge, but any taxes or other unpaid obligations are still due. In addition, you still have to return any provider-owned cable boxes, modems, or similar equipment to the service provider to avoid being charged.

04/11/2020

Recent updates on the Economic Stimulus payments to individuals - those receiving Social Security, Railroad, or veteran benefits should receive their funds automatically. You may still need to register on the IRS website if you have children under the age of 17.

https://blog.ssa.gov/new-guidance-about-covid-19-economic-impact-payments/?utm_medium=email&utm_source=govdelivery

https://www.irs.gov/coronavirus/economic-impact-payments

https://www.irs.gov/coronavirus/economic-impact-payment-information-center

All U.S. residents who are not a dependent of another taxpayer and have a work eligible social security number, will receive the Economic Impact Payment with adjusted gross income

01/29/2019

Interesting new case, OK Supreme Court says with slim majority that "deployed" parent visitation does not include the military member's being sent for an extended period of time to training, or essentially anywhere that is not a combat zone. Robert G. Spector
Glenn R. Watson Chair and Centennial Professor of Law Emeritus
University of Oklahoma Law Center

DEPLOYED PARENTS CUSTODY AND VISITATION ACT; DEFINITION OF “DEPLOYED”

Kohler v. Chambers, 2019 OK 2, ___ P.3d ___

The parties are the biological parents of a child, although they are not married to each other. The father received orders directing him to report for basic training and advanced individual training with the army at Ft. Jackson, South Carolina. Prior to leaving, Father filed a motion seeking an order authorizing the temporary transfer of his custody and visitation rights with the child to his spouse. The father maintained he was a "deploying parent" under the Deployed Parents Custody and Visitation Act. The mother contended that he was not a deploying parent and objected to the transfer of the father’s visitation right to the father’s spouse. The trial court granted the father’s motion and the mother appealed. The Supreme Court retained the case and reversed the trial court.

The Act, at 43 O.S. §150.1(4), defines "deploying parent" as follows:

[A] legal parent of a minor child or the legal guardian of a child, who is a member of the United States Armed Forces, civilian personnel or contractor serving in designated combat zones and who is deployed or has been notified of an impending deployment.

The term “deployment” is defined at §150.1(5) as follows:

[The temporary transfer of a servicemember in compliance with official orders to another location in support of combat, contingency operation, or natural disaster requiring the use of orders for a period of more than thirty (30) consecutive days, during which family members are not authorized to accompany the servicemember at government expense.

It is clear that the father was not acting in support of a "contingency operation" or "natural disaster." Therefore the issues in the case was whether his temporary transfer for basic training and advanced individual training was "in support of combat." Unfortunately neither the uniform act nor the Oklahoma version of the act defines the phrase "in support of combat."

The court noted that a broad definition of the phrase would mean that virtually any service-connected activity occurring while combat operations are in existence could be construed as "in support of combat." It decided that such a broad interpretation of the phrase would not be consistent with legislative intent.

The court noted that several federal and state statutes defer to §112 of the Internal Revenue Code of 1986 which defines "combat zone" as "any area which the President of the United States by Executive Order designates ... as an area in which Armed Forces of the United States are or have engaged in combat." 26 U.S.C. §112(c)(2). Further, the court noted that the Internal Revenue Code uses the phrase "serving in support of such Armed Forces" to mean that an individual is located "in an area designated by the President of the United States by Executive order as a 'combat zone."' 26 U.S.C. §7508. Under these statutes it is clear that the father's training was not deployment for "combat" or "in support of combat.”

The court also found that the Armed Forces Code defines of deployment in 10 U.S.C.A. §991(b), to exclude periods when a servicemember is "performing service as a student or trainee at a school (including any Government school)." 10 U.S.C. § 991(b)(3)(A). Additionally, the Department of the Army has concluded that "[soldiers are not eligible for deployment until they have completed [basic training]/advanced individual training.”

Therefore the court held that the father’s orders for basic training and advanced individual training is not “deployment” under the Deployed Parents Custody and Visitation Act. Four justices dissented without opinion.



Robert G. Spector

Glenn R. Watson Chair and

Centennial Professor of Law Emeritus

University of Oklahoma Law Center

01/08/2019

For military members from 2003-2015 who wore earplugs/hearing protection and have hearing loss or tinnitus/ringing in the ears, you may be eligible to participate in a class action payout. Apparently, 3M knew the earplugs were defective, knew there was an easy fix, and 3M chose not to tell the military.

It will not negatively affect VA benefits. Please call our office if you are interested, we are in the investigation phase right now. 918-336-5100.

“The Department of Justice is committed to protecting the men and women serving in the United States military from defective products and fraudulent conduct,” said Acting Assistant Attorney General Chad A. Readler of the Department’s Civil Division. “Government contractors who seek to profit...

10/18/2018

I watched NOVA's special on Opioid Addiction last night on OETA. I highly recommend watching it, it was very educational and scientific. For example, most of us know that opioids work by blocking certain signals in the body, and interrupting the dopamine production in the body? But, it works so well that addicts cannot produce dopamine without the drug. Dopamine is the motivation hormone in our body, what drives us to get out of bed in the morning and do things. Without dopamine, one has no motivation. So, addicts take the drug not to get high, but do so to not have the horrific symptoms of withdrawal (excruciating body pain, explosive diarrhea and vomiting, essentially feeling of dying). We have evidence-based scientific treatment for every other medical condition, and it exists for this one but is not used nearly as widely as it should be. Go watch the show!

I think this is it:

09/07/2018

Combat veterans frequently have these issues:

“Symptoms of PTSD cause considerable distress and can significantly interfere with social, educational and occupational functioning. It is not uncommon for PTSD sufferers to lose their jobs, either because re-experiencing symptoms, sleep and concentration problems make regular work difficult, or because they are unable to cope with reminders of the traumatic event they encounter at work. The resulting financial problems are a common source of additional stress, and may be a contributory factor leading to extreme hardship such as homelessness." At least a third remain symptomatic for 3 years or longer, one of the most common complications of PTSD is depression, including risk of su***de.

National Collaborating Centre for Mental Health (UK). Post-Traumatic Stress Disorder: The Management of PTSD in Adults and Children in Primary and Secondary Care. Leicester (UK): Gaskell; 2005. (NICE Clinical Guidelines, No. 26.)

This guideline is concerned with the diagnosis, early identification and treatment of post-traumatic stress disorder (PTSD) as defined in ICD–10 (World Health Organization, 1992), code number F43.1. This disorder is one that people may develop in response to one or more traumatic events such as de...

09/07/2018

Most interesting research I came across today, states what we all know, but does so succinctly and plainly:

“Symptoms of PTSD cause considerable distress and can significantly interfere with social, educational and occupational functioning. It is not uncommon for PTSD sufferers to lose their jobs, either because re-experiencing symptoms, sleep and concentration problems make regular work difficult, or because they are unable to cope with reminders of the traumatic event they encounter at work. The resulting financial problems are a common source of additional stress, and may be a contributory factor leading to extreme hardship such as homelessness." At least a third remain symptomatic for 3 years or longer, one of the most common complications of PTSD is depression, including risk of su***de.

National Collaborating Centre for Mental Health (UK). Post-Traumatic Stress Disorder: The Management of PTSD in Adults and Children in Primary and Secondary Care. Leicester (UK): Gaskell; 2005. (NICE Clinical Guidelines, No. 26.)

This guideline is concerned with the diagnosis, early identification and treatment of post-traumatic stress disorder (PTSD) as defined in ICD–10 (World Health Organization, 1992), code number F43.1. This disorder is one that people may develop in response to one or more traumatic events such as de...

01/10/2018

Interesting article from Forbes.

A small study suggests ibuprofen can disrupt male s*x hormones, giving rise to concerns that prolonged use may affect fertility

12/21/2017

Congress won’t act; Community Medical Clinics to close

As many as 2,800 clinics could close next year, leaving up to 9 million patients without access to regular health care.

11/14/2017

Recent DOD guidance makes it easier to enlist. And makes BCMR appeals simpler for those with PTSD and MST.

10/23/2012

Now accepting credit cards through Square!