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Will Social Security Checks Be Paid If Debt Ceiling Is Not Raised

JulyFriday29

Will Social Security Checks Be Paid If Debt Ceiling Is Not Raised

Around 28 million Americans are expecting to receive their Social Security checks on August 3, and 27 million are expecting their checks later in August. However, if Congress does not reach a deal to raise the national debt ceiling by the deadline of August 2, it is unknown if Social Security checks will be sent out. President Obama has warned Americans that the federal government may not be able to pay Social Security beneficiaries if a deal is not reached.

This is one of the few times Congress has failed to raise the debt ceiling when it has become necessary. Therefore, it is unclear what will happen if the debt limit is not raised by August 2. It is clear that the government will not be able to pay its bills in August. Estimates claim the government will be $134 billion short by the end of August.

Some have suggested that Social Security should use money from its trust fund to pay beneficiaries in August. However, Treasury Department officials do not support drawing from the trust fund. The trust fund holds IOUs, not actual money, that would have to be redeemed by the Treasury Department. Many Americans disagree and believe that President Obama can use the trust fund to make Social Security payments if necessary.

Source:

Tami Luhby, Debt Ceiling: Will I Get My Social Security Check?, https://money.cnn.com/2011/07/28/news/economy/debt_ceiling_social_security/index.htm?iid=HP_River (accessed July 29, 2011).

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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What to expect at a Social Security Disability Hearing

JulyThursday28

Video Transcription:

“Hi, my name is Andrew Kinney. I’m an attorney that practices Social Security Law at Hoglund Law offices. Today I wanted to do a video to help people understand what to expect when you’re testifying at a social security hearing with a federal social security administrative law judge.

There is a lot of fear about talking in front of a judge, particularly when it involves benefits that are very important to you. The social security hearing itself is the first real time you get to discuss your case with a decision maker. Hearings can vary across the country. In my experience, since 1992, one of the things – the patterns I’ve noticed – is that hearings are generally about 45 minutes to an hour. In that time you have a social security administrative law judge that speaks directly with you about your disability and finds out essentially how you’re affected day to day based on your limitations.

So, what I generally tell people when I’m going to a hearing with one of my clients is I explain first to be yourself. Nothing is more important than you having the judge understand that when you’re there you’re “being real” with the judge. Nothing is worse than someone thinks they need to say certain things to make them sound worse. The medical records that are in the file and that your attorney gets before the hearing are “locking in” what’s wrong. The person that shows up at the hearing explains his or her situation, my client, is only there to give details. That’s what I’m helping you with. It’s in your own words and you need to explain it in your own way.

Another thing that I think is very important about a social security hearing is that you get enough sleep, you make sure to appear ahead of time so you’re not rushed and distracted. You should also make sure that if you’re in a hearing and you may have family members that witness your hearing, make sure that they’re perhaps not, with good intentions interrupting you or making sure you include certain things. I tell my clients that these hearings are not tests, they’re not something that if you don’t say the right thing you’re going to lose.

What’s most important, again, is that if you’re talking about something that the judge has to understand how bad it is, talking about pain, the judge needs to understand how bad the pain is, where it is, when it happens. Now this may all be reported in the record, but this is a time where you can talk to the judge directly and make your point. For instance with a back problem, if you cannot bend down, if you have spasms, how often they last, what you do to make them better if anything there is to do like pain medication.

You can see that there are a lot of things to talk about at a hearing, there is a lot of things you might want to fit in. But keep in mind this is what Hoglund Law offices will tell our clients. This is a basic time where you can lay out basic reasoning you can’t work full time. In more detail than that it may cause some problems. If you have any other questions about your social security hearing please feel free to call us.

The first time you have a hearing you do have a right to postpone the hearing until you get an attorney but there is a timeframe here. So if you are looking at this video and you have a hearing tomorrow for example, you just need to know, at least for the first hearing, that you have a right to postpone if you want. If you want an attorney with you, make sure you ask for a licensed attorney and make sure you call a law firm.

If you have further questions you can call us at 1-800-850-7867. You can also go online to check us out at www.HoglundLaw.com”

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Early Retirement and Social Security Disability

JulyThursday28

Video Transcription:

“Hi,my name is Andrew Kinney. I’m an attorney at Hoglund Law offices. I do Social Security Disability law. Today were going to talk about Social Security as it relates to Early Retirement.

I have calls from time to time from people that are contemplating retiring early. The question they have is “If I’m retiring early, but the reason I’m retiring early is because I’m disabled, what should I do? Should I retire or should I apply for Disability?”

My answer in that situation generally is do both. There are some exceptions. In situations where someone is retiring early, let’s say they have cancer or back problems, whatever the reason they’re retiring early, I generally recommend people to claim early retirement and also apply for social security disability. The reason is this: If you’re at the right age for early retirement, you can go ahead and do it. Usually people are retiring and they need the money. If you also process a Social Security Disability application and it is approved then that early retirement decision is undone.

I’ll give you an example. If someone applies for early retirement and then 2 years later when they have also had a disability claim pending, Social Security comes back and says “well this is what we do, and we approve that someone has been disabled the whole time.” Social Security will, in essence, undo the early retirement decision and pay the higher benefit for disability insurance benefit, and at that point someone can stay on disability insurance through early retirement, and the early retirement amount should actually reflect the full amount that they would get, so in essence you have 2 kicks at the can.

You can retire early and you have the option to retire later if that works out. The only instance that these are case by case situations who someone might delay is won if they really are retiring by choice, that’s something to be analyzed, and 2 the basic premises you’re not always sure with disability insurance, what would happen. A lot depends on doctors notes, treatment records, specifics on how doctors think you’re limited, so when someone is deciding whether to retire early or apply for social security disability the best course of action is to talk to your doctor about the ability to work, and also make sure that your doctor is in agreement with doing what you’re currently doing, but if there is some agreement with your treating doctor that you should probably stop what you’re doing to consider social security disability.

Feel free to call our offices. Our office number is 800-850-7867, or you can go to out website at the bottom of the screen here, and you can see the information related to this topic and other topics. Thank you very much.”

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Social Security Disability Consultative Examinations

JulyTuesday26

Video Transcription:

“Hi my name is Andrew Kinney. I do Social Security Law at Hoglund Law Offices. Today I wanted to talk about consultative exams or “CE’s” as they’re called.

If you have a pending Social Security Case and you get a letter in the mail that says you need to appear in a consultative exam, I want to explain what that is, why that is, when social security orders it, who pays for it, and what the result is perhaps if you don’t go.

Social Security regulations require social security get information on a physical or mental impairment if they don’t believe the current medical information gives them enough information to make a decision about whether you’re disabled. So let’s say you apply for social security disability benefits and haven’t had much care for depression and you have chronic pain. What you would see perhaps at the first level when you apply is a letter in the mail that social security would pay for you to meet with a one-time evaluator, a psychologist usually, that would be able to ask you questions about your situation and in that limited way make a diagnosis and also give advice about your ability to concentrate and things like that.

What you have with consultative examinations is it’s a good thing, and Social Security is trying to get information that they don’t otherwise have. One of the drawbacks, though, is that that at times Social Security does have enough information but yet they order a consultative examination anyways. So, what I tell my clients that it’s always important to go to a consultative exam, even if you know that doctor doesn’t know you and doesn’t know much about you. And the reason is this: If social security thinks it’s important enough to order a consultative exam and you don’t go, that may, itself, be a cause for a denial. So, with that in mind, it’s not a good idea to decide on your own not to go on purpose because it may result in a denial, and you don’t want that.

A good piece of advice about consultative exams is that its best to always have ongoing treatment for things you know you have a problem with. If you have something like depression or anxiety or in the physical realm if you have chronic back problems or some other sort of problems it’s always good to have doctors that you treat with, that you trust to evaluate you, and perhaps like at Hoglund Law offices, get a statement from the doctor to lay out your restrictions. Those will carry more weight with the social security judge eventually. In summary, with consultative exams, or consults what social security does is that their trying to get more information about you that could possibly improve you, so be honest and upfront and on time. If you have further questions about consultative exams or Social Security Disability in general you can feel free to call our offices at 1-800-850-7867 or you can go online at www.HoglundLaw.com as well, thank you”

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Early Retirement and Social Security Benefits

JulyTuesday26

Video Transcription:

“Hi, my name is Andrew Kinney. I’m an attorney at Hoglund Law offices. I do Social Security Disability law. Today were going to talk about Social Security as it relates to Early Retirement.

I have calls from time to time from people that are contemplating retiring early. The question they have is “If I’m retiring early, but the reason I’m retiring early is because I’m disabled, what should I do? Should I retire or should I apply for Disability?” My answer in that situation generally is do both.

There are some exceptions. In situations where someone is retiring early, let’s say they have cancer or back problems, whatever the reason they’re retiring early, I generally recommend people to claim early retirement and also apply for social security disability.

The reason is this: If you’re at the right age for early retirement, you can go ahead and do it. Usually people are retiring and they need the money. If you also process a Social Security Disability application and it is approved then that early retirement decision is undone. I’ll give you an example. If someone applies for early retirement and then 2 years later when they have also had a disability claim pending, Social Security comes back and says “well this is what we do, and we approve that someone has been disabled the whole time.”

Social Security will, in essence, undo the early retirement decision and pay the higher benefit for disability insurance benefit, and at that point someone can stay on disability insurance through early retirement, and the early retirement amount should actually reflect the full amount that they would get, so in essence you have 2 kicks at the can. You can retire early and you have the option to retire later if that works out.

The only instance that these are case by case situations who someone might delay is won if they really are retiring by choice, that’s something to be analyzed, and 2 the basic premises you’re not always sure with disability insurance, what would happen. A lot depends on doctors notes, treatment records, specifics on how doctors think you’re limited, so when someone is deciding whether to retire early or apply for social security disability the best course of action is to talk to your doctor about the ability to work, and also make sure that your doctor is in agreement with doing what you’re currently doing, but if there is some agreement with your treating doctor that you should probably stop what you’re doing to consider social security disability.

Feel free to call our offices. Our office number is 800-850-7867, or you can go to out website at the bottom of the screen here, and you can see the information related to this topic and other topics. Thank you very much.”

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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What is a deed in lieu of foreclosure?

JulyMonday25

What is a deed in lieu of foreclosure?

With so many individuals unable to afford to keep their homes, many people are looking for ways to walk away from their home.

One option is to do a deed in lieu of foreclosure. When a person signs a deed in lieu of foreclosure, the person is essentially signing the property over to the mortgage without forcing the mortgage company to go through a foreclosure to reclaim the property. When a property is foreclosed upon, the mortgage company must follow state laws which set up a number of steps a mortgage company must complete in order to take over possession of the property. This can be a drawn out process and typically the mortgage company will incur costs such as attorney’s fees when undertaking a foreclosure.

When an individual signs a deed in lieu of foreclosure that person is essentially giving the mortgage company permission to bypass the foreclosure process and take back possession of the property immediately.

Clearly, in this situation the mortgage company benefits by skipping over the expensive step of foreclosure; however, the property more quickly enters onto their books as a foreclosed property. Some mortgage companies have “Cash for Keys” programs that will offer financial compensation for owners willing to vacate their property more quickly.

The benefit for the homeowner in a deed in lieu of foreclosure is not as obvious. Many individuals believe that their credit will be spared by doing a deed in lieu of foreclosure. This is not the case. A deed in lieu of foreclosure can still adversely affect a person’s credit score.

In addition, when a person signs the deed in lieu of foreclosure that person is giving up his or her right to occupy the property during the redemption period. In Minnesota as in many states, a homeowner is allowed a time period after a sheriff sale to try to refinance the property or pay off the entire mortgage in full in order to keep the home. During the redemption period, the homeowner is entitled to keep possession of the home. In Minnesota, this period typically last 6 months. In certain circumstances it can last a full year. Essentially this means that a person can lose their home to a foreclosure and yet remain in the property until the redemption period expires. During this time the homeowner’s name remains on the title of the property and the homeowner is responsible for the property. The homeowner is not required to make mortgage payments on the property during this time and therefore has a chance to save up money that would have been spent on rent.

Signing a deed in lieu of foreclosure ends this right. It can however occasionally be in a homeowner’s best interest to sign a deed in lieu of foreclosure. For example, if an individual has already moved out of the property, having their name remain on the title is a liability for them if the property is not being maintained. For example, if the lawn is not mowed, the city could cite the homeowner for the violation.

Another concern that an individual should have when considering signing a deed in lieu of foreclosure is whether the mortgage company will choose to go after the homeowner for a deficiency balance if the property subsequently sells for less than the homeowner owes the mortgage company. One should be wary about signing an agreement that makes them responsible for the difference.

Not all mortgage companies will willingly allow a homeowner to sign a deed in lieu of foreclosure straight away. Often the mortgage company will force the homeowner to put the property up for sale before considering the option of a deed in lieu of foreclosure. A homeowner may incur unnecessary costs in doing this.

Whether or not signing a deed in lieu of foreclosure is in a person’s best interest depends on a number of factors. Before making such a decision, an individual would be wise to consult with an attorney regarding their options.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Singer R. Kelly Named In Foreclosure Suit

JulyFriday22

Robert Sylvester Kelly, better known as R & B singer R. Kelly, is facing foreclosure on his home in Olympia Fields, Illinois. J.P. Morgan Chase Bank filed the $2.9 million foreclosure suit against R. Kelly last month. It appears that R. Kelly has not lived in the home since early last year. Kelly has not made any mortgage payments on the house since June 2010. The 11,140 square foot home is located near Chicago and was built in 2000. The home includes six full and seven half bathrooms, and a four stall garage.

The foreclosure suit is not the first of Kelly’s legal problems. He was acquitted of producing child pornography in 2008. Additionally, Kelly’s former manager reportedly sued him last month for $1 million in unpaid commissions.

Source:

R. Kelly Facing Foreclosure on Chicago House, https://marquee.blogs.cnn.com/2011/07/13/r-kelly-facing-foreclosure-on-chicago-house/ (accessed July 18, 2011).

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Pet Care Costs Putting Some in Debt

JulyTuesday19

Pet Care Costs Putting Some in Debt

Americans spend a significant amount to care for their pets. An estimate by the American Pet Products Association predicts that Americans will spend $50 billion on pet care in 2011. The estimate includes the cost of food, supplies, medicine, grooming, boarding, and veterinary services. Unexpected medical care causes the most problems financially for pet owners. Many Americans are willing to put their finances at risk to care for their pets. For example, Betsy Lampe, a Florida woman, went into debt to pay for treatment for her dog’s renal disease. Lampe was also struggling to pay bills from her own kidney cancer.

There are a few ways to avoid huge vet bills. Fees for medical procedures and medications can vary widely. Therefore, comparing the costs of different veterinarians is a good idea. Additionally, pet insurance can save owners a significant amount in medical costs. The average monthly insurance premium for dogs is $30 and $17 for cats. According to a representative from Petplan, a pet insurance company, his company has reimbursed some policyholders over $40,000 for pet care. Without insurance, these pet owners would have gone into significant debt paying for their pet’s medical care. Many veterinarians also work with companies to offer payment plans with no interest. Experts recommend pet owners save at least $500 to pay for unexpected medical care.

Source:

Erica Sandberg, Pet Debt: How Animals Cost You, https://www.msnbc.msn.com/id/43612902/ns/business-personal_finance/ (accessed July 13, 2011).

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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How Americans Are Reducing Spending

JulyTuesday19

Many Americans are facing difficult financial situations. Results from a new Harris study show how consumers are reducing their expenses. (Today) The survey asked consumers to respond to whether they had thought about using different methods of saving money in the past six months. The results are listed below, along with the percentage of those surveyed that considered the method. (DailyFinance)

Saving money at the grocery store, 67%
Packing a lunch instead of buying one, 46%
Going to a hairstylist less often, 43%
Switching to reusable water bottles instead of buying bottled water, 39%
Ending magazine subscriptions, 31%
Reducing amount of dry cleaning, 24%
Cancelling or reducing cable TV service, 22%
Stopping morning coffee purchases, 21%
Ending newspaper subscriptions, 18%

10. Ending landline phone service, 16%

11. Ending or reducing cell phone service, 14%

12. Using public transportation or carpooling, 14%

Source:

12 Ways Americans Are Cutting Back on Spending, https://lifeinc.today.com/_news/2011/07/06/7029594-12-ways-americans-are-cutting-back-on-spending (accessed July 10, 2011).

Top 10 Ways Americans Are Cutting Back on Spending, https://www.dailyfinance.com/photos/top-ways-americans-are-cutting-everyday-spending/4276496/?icid=sphere_copyright# (accessed July 10, 2011).

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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How Should an Experienced Social Security Lawyer Handle Evidence at your Social Security Disability Hearing?

JulyMonday11

Andrew Kinney — Hoglund Lawyer Andrew Kinney

Legal strategy is important in Social Security benefits claims. That is why many people applying for Social Security disability benefits (and SSI benefits) hire a law firm with licensed lawyers and experienced paralegals to help them. One area of legal strategy involves the best way to manage the medical evidence in your claim. It can take a long time to get your hearing day with a judge for your Social Security disability benefits claim. Once you have your hearing, should your lawyer simply wait for the decision? Not necessarily.

Hearings for Social Security Disability Insurance (SSDI) claims and Supplemental Security Income (SSI) claims involve medical evidence. All medical evidence should be requested and submitted electronically as soon as it is received so it is available before the scheduled hearing day for review by your judge and the experts. Sometimes, for whatever reason, not all the evidence is available on the hearing day. Also, sometimes there is other evidence that will support your medical treatment evidence. What is it? How can your lawyer submit it? This depends on the kind of evidence that you need to prove your claim and the experience of your law firm.

Unimportant evidence

Not all evidence carries the same weight in your claim for Social Security benefits. If there is missing evidence on the hearing day that is non-essential to your claim, your lawyer should explain that — in his or her legal judgment — this evidence will not make a difference in your case. For example, if you have depression as your primary disability, new chiropractic records for a minor back problem are unlikely going to impact the judge’s decision.

Slow Treating Sources

If the missing evidence is essential to your claim, such as from a regular treating source, your lawyer should ask the judge to “hold the hearing record open” to receive these records post-hearing. This offers extra protection to avoid a decision before the missing evidence gets into the post-hearing record. For example, if your MRI of your lower back was taken three weeks before your hearing, it may be available soon after the hearing. In a back case, this can be critical evidence. Your lawyer would ask the ALJ to hold the record open to receive the MRI, usually with a deadline. Your lawyer may also submit a legal argument along with this post-hearing evidence if necessary to emphasize the relevance of the new test. Licensed legal training matters.

Subpoenas

What if your law firm, despite due diligence, cannot get your medical provider to release important records before (and even after) a hearing? If the medical evidence is essential to your claim, your lawyer should request the ALJ to subpoena these records. At Hoglund Law Offices, a subpoena request is rare. We try to avoid them by making multiple record requests and follow-ups. Under the right circumstances, though, an ALJ’s subpoena for medical records gets results. Your lawyer should be familiar with the regulations about subpoenas. Your claim may hinge on this evidence. If you are unsure about your law firm’s experience in this area, ask.

Forgotten Treatment

What if you forget to tell your law firm about medical treatment before the hearing? Regretfully, this can happen. Tell your lawyer immediately about this — even after a hearing. Your lawyer can only request records he or she knows about. Sometimes your lawyer can request a judge to hold the record open after the hearing by explaining what happened. Sometimes simply submitting the new records is the only option. New evidence may, at a minimum, be relevant on appeal. Ask your law firm about strategies for Appeals Council appeals. Good lawyers plan how they would appeal every case, including yours.

Uncovering New Evidence

How does a Social Security law firm with experience where you live help you? Good local law offices can have intuitions about where related medical records are. Your law firm’s experience and persistence with your region’s different medical facilities can help ensure that requests, once made, get where they need to. But even the best intuition still needs your help. If you haven’t had a hearing yet, try to write down everywhere you have received treatment — especially since you stopped working. A one-time visit with a neurologist can make a difference in your claim depending on the other medical evidence. All treatment can count. Your lawyer can ultimately decide what’s important. At Hoglund Law Offices, our lawyers make these kinds of decisions all the time.

Creative Evidence

Your law firm’s experience can count, particularly when it comes to creative evidence. Evidence is not limited to traditional medical records. At Hoglund Law Offices, we find alternative evidence can be strong secondary support for medical treatment records. Depending on the situation, we can submit county forms from physicians for welfare benefits, VA benefits decisions, court commitment evaluations, personal medical journals, workers’ compensation evaluations, child custody documentation of inability to work, vocational training records, and the list goes on. Sometimes a point of contention first arises at the hearing. In these situations, a post-hearing treating medical opinion can “plug a hole” in the evidence.

Hopefully after reading this, you can see how legal experience can impact what your lawyer and your law firm does before and after your Social Security hearing. How your lawyer handles your evidence can make a difference. If you have questions about Hoglund Law Offices or our Hoglund Lawyers, please feel free to visit HoglundLaw.com or call us toll-free at 1-855-780-4357.

Andrew Kinney, Esq.

*** Attorney Andrew Kinney speaks locally, statewide, and nationally on Social Security Disability Law. If you wish for him to speak or train at your upcoming professional function, please contact his offices for details. For examples of topics in our Hoglund Lawyer Disability Library, click here: Top 5 Ways to get Approved for Social Security Benefits.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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What is a short sale?

JulyWednesday6

With today’s housing market many individuals find themselves in the unhappy position of owning a home where the balance owed to the mortgage company is far greater than the value of the home. Many of those finding themselves in this circumstance want desperately to get out from under the house.

One method used to accomplish this is selling the home to a buyer for less than the balance of the mortgage. This is referred to as a short sale.

Short sales can help an individual extricate themselves from a house, but there can be issues which arise from a short sale that are unexpected.

A short sale must be approved by the mortgage company. If there is a second mortgage, the second mortgage must also approve. It is often difficult to get a mortgage company to approve a short sale. One may invest a great deal of time in finding a buyer and setting up the sale only to have it fall through at the last minute. The process can be extraordinarily frustrating.

In addition, sometimes when a person sells a house on a short sale, the mortgage company will force the seller to sign a note agreeing to pay the difference between the short sale purchase price and the balance owed on the mortgage. This leaves the seller without the property and with a frequently large unsecured debt. More often than not, a person selling a home on a short sale will end up owing almost the entire amount of the second mortgage on the property as well.

Before agreeing to sign such a note, one should be aware that in Minnesota a mortgage company holding a first mortgage is only allowed to pursue an individual for the deficiency balance on the first mortgage in very limited circumstances if the property is foreclosed upon. Signing a note in a short sale would make the seller responsible for the difference between the sale price and balance when if the property had just been foreclosed on, the individual would have not been responsible for the difference.

A mortgage company does not have to have the seller sign a note for the difference. The mortgage company can elect not to pursue the difference and forgive the debt. If the mortgage company forgives the seller for the difference in sale price and the amount owed, there can be tax consequences. In certain circumstances the difference will be considered taxable income. Anyone planning on selling a house on a short sale would be wise to consult with a tax professional before agreeing to the deal.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Supreme Court Rules Against Estate of Anna Nicole Smith

JulyWednesday6

The Supreme Court recently ruled against the estate of the late model Anna Nicole Smith. In a 5-4 decision, the Court ruled that Smith was wrongly awarded $400 million from the estate of her late husband by a bankruptcy court. When she was 26, Smith married wealthy oil executive J. Howard Marshall, who was 89. Marshall died just one year later and left everything to his son Pierce. A probate court in Texas awarded the estate to Pierce after Smith sued. However, Smith filed for bankruptcy in California and made claims that Pierce withheld money that Marshall had promised her. The bankruptcy court agreed with Smith and awarded her $400 million.

The Supreme Court case addressed the conflicting rulings by the Texas and California courts. The Court held that the United States Constitution prevents bankruptcy courts from ruling on claims outside of bankruptcy law. This means the California bankruptcy court was prevented from granting damages on tort claims. Therefore, the ruling from the Texas court stands and Marshall’s whole estate was awarded to Pierce.

The parties involved in the case did not live to see the outcome. In 2007, Smith died from an accidental overdose. Marshall’s son, Pierce, also died while the case was pending.

Source:

Newscore, Estate of Anna Nicole Smith Loses at Supreme Court,

https://www.nypost.com/p/news/national/estate_of_anna_nicole_smith_loses_tdc2FYsQQPIXCPZkKnE3aI (accessed June 28, 2011).

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Popular Restaurant Chains May Be At Risk For Bankruptcy

JulyWednesday6

According to new research, popular food chains Denny’s, Wendy’s and Domino’s may be in danger of going bankrupt. TheStreet.com ranked restaurants’ chances of going bankrupt by their Altman Z-Score. The score is based on financial information from each company, and predicts the likelihood of bankruptcy within two years. TheStreet has been using their scoring system since 1968, and they claim to have a 72% rate of accuracy in predicting bankruptcies two years before the filing.

Denny’s is the restaurant most at risk for bankruptcy, according to the most recent ranking. Wendy’s/Arby’s came in second, and Domino’s Pizza was fifth. Additionally, DineEquity, which operates Applebee’s and IHOP, ranked fourth on the list. Other restaurant chains, including Sbarro, Perkins and Marie Callender’s, have already filed for bankruptcy this year.

Source:

Pete Kenworthy, Report: Denny’s, Wendy’s and Domino’s Among Restaurants in Danger of Bankruptcy, https://www.abcactionnews.com/dpp/news/national/wews-report-dennys-wendysand-dominos-among-restaurants-in-danger-of-bankruptcy1309574048690 (accessed July 3, 2011).

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Regional Bank President Wants Tax Reform To Lower Debt

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Narayana Kocherlakota, president of the Federal Reserve Bank in Minneapolis, recently suggested a change in the U.S. tax system to discourage debt growth. High consumer and bank debt lowers the stability of the economy. This makes economic trouble, like what occurred in 2007 through 2009, more likely.

Currently, the tax code encourages debt by allowing taxpayers to take advantage of interest deductions. Consumers are encouraged to incur mortgage debt and banks are encouraged to take on debt for financing. Kocherlakota urged Congress to reduce the deduction for mortgage interest and reduce the interest deduction for corporations. This would reduce the incentives for people to take on debt that destabilizes the economy.

Officials are attempting to avoid another economic downturn. President Obama signed a bill last year that gives the Federal Reserve the power to supervise financial institutions whose failure could cause an economic crisis.

Source:

Vivien Lou Chen, Fed’s Kocherlakota Calls for Tax-system Changes to Discourage Debt

Growth, https://www.bloomberg.com/news/2011-06-27/fed-s-kocherlakota-calls-for-tax-systemchanges-to-discourage-debt-growth.html (accessed June 28, 2011).

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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L.A. Dodgers Baseball Team Files Bankruptcy

JulyWednesday6

The Los Angeles Dodgers have filed for Chapter 11 bankruptcy protection in Delaware. Dodger’s owner Frank McCourt was relying on a TV deal worth billions to help ease financial troubles. However, Major League Baseball did not approve the deal. McCourt is asking for time to secure another media deal, and he is seeking $150 million to finance daily expenses. The Dodgers owe millions to former players, who have filed claims. The team has also experienced a substantial decrease in fan attendance at games.

The Dodgers likely would have been unable to make their next payroll. McCourt filed for bankruptcy before a takeover by MLB could become an option. Analysts believe MLB will fight the bankruptcy, because the league wants the issue to stay within baseball. Additionally, the MLB constitution gives commissioner Bud Selig the power to takeover a team in bankruptcy.

McCourt has been a controversial owner since he acquired the team in 2004. McCourt purchased the Dodgers for $430 million in a highly leveraged transaction. Selig hired Tom Schieffer to monitor the Dodgers in April, because he was worried about the financial situation. The bankruptcy filing has been an embarrassment for the team.

Source:

Associated Press, Los Angeles Dodgers File For Bankruptcy, https://msn.foxsports.com/mlb/story/los-angeles-dodgers-file-for-bankruptcy-frank-mccourt-blames-bud-selig-decision-062711 (accessed June 27, 2011).

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Increasing Student Loan Debt May Burden Future Generations

JulyWednesday6

Student loan debt is causing financial problems for many young Americans. The amount of student loan debt in the United States is over $900 billion. Student loan debt will continue to be a problem for graduates, because many states are reducing financial support for students and schools are increasing tuition. Borrowers cannot default on student loan debt when filing for bankruptcy.The student loan problem may affect future generations as well. Many borrowers are taking 20 or 30 years to repay their debt. Graduates in debt are not likely to save for retirement or donate to their colleges. Additionally, students could still being paying off their student loan debt when their children are attending college.

Experts do not recommend borrowing more than $25,000 for college, which represents the cap on loans from the federal government. Loans from the government generally have better terms than private loans. Experts also suggest that students should not borrow more than they expect to earn as a starting salary when they graduate.

Source:

Theo Keith, David Earl & Blake Hanson, Student Loan Crisis Threatens Financial Futures, https://www.msnbc.msn.com/id/43584744/ns/business-personal_finance/ (accessed July 5, 2011).

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Emergency Homeowners Loan Program Offers Aid To Those Struggling With Mortgage

JulyWednesday6

The federal government is attempting to help turn around the struggling housing market and reduce the number of home foreclosures. The Emergency Homeowners Loan Program will help homeowners who are behind on their mortgage and struggling to make payments. Loans of up to $50,000 will be available to the unemployed. Additionally, the loans do not require repayment if certain conditions are met.

The purpose of this loan program is to provide assistance to people who will only need it short-term. The loans offered will last up to two years, borrowers will not be charged interest, and funds will go to the mortgage lender to cover monthly payments and late fees. The loans will be forgiven at a rate of 20% per year. Therefore, a homeowner who stays in their home for five years and stays current with their mortgage will not have to repay the loan. To qualify for the program, borrowers must be in danger of foreclosure and have experienced a loss of income. The program will cost $1 billion.

Critics of the program say that homeowners will be at risk for incurring additional debt. If borrowers do not stay current with their mortgage or sell the home before the loan is completely forgiven, they will be responsible for the loan. However, supporters of the program do not think the program will help enough people. Approximately 4 to 4.5 million homeowners are in foreclosure or at least 90 days behind on their payments. The Emergency Homeowners Loan Program will only provide assistance to about 30,000 people.

Source:

Annamaria Andriotis, More Money for Struggling Homeowners,

https://www.smartmoney.com/spend/real-estate/more-money-for-struggling-homeowners-1309312646029/ (accessed June 29, 2011).

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Consumer Bankruptcies Down in First Half of 2011

JulyWednesday6

The number of Americans who filed for bankruptcy in January through June of this year decreased from the same period in 2010. According to data from the National Bankruptcy Research Center, 709,303 consumer bankruptcies have been filed in 2011. During the first six months of 2010, 770,117 consumer bankruptcies were filed. The 2011 numbers represent an 8% decrease from the number of filings in the first half of 2010.

Bankruptcy filings in June 2011 decreased 5% from the number of filings in June 2010. However, the bankruptcy filings in June represent a 4% increase from May filings. The director of the American Bankruptcy Institute has said that the recent decrease in bankruptcy filings indicates that consumers are attempting to lower their debt.

In Minnesota, 10,376 consumer bankruptcies were filed in the first six months of 2011. This represents a 10% decrease from the 11,532 filings in the first half of 2010. June bankruptcy filings in Minnesota were down from May filings, and also down from the number of filings in June 2010 and June 2009.

Source:

Kara McGuire, Bankruptcies Decline in 2011,

https://www.startribune.com/lifestyle/blogs/125007464.html (accessed July 5, 2011).

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Beware of credit repair scams.

JulyWednesday6

Beware of credit repair scams.

There are many credit repair companies that are essentially scams. They take your money and they do not improve your credit or they only temporarily improve it. The Federal Trade Commission (FTC) offers this advice for avoiding credit repair scams:

Do not work with a company that wants you to pay for credit repair services before they have provided services
Don’t work with a company that won’t tell you your legal rights or explain what you can do on your own
Don’t work with any credit repair company that tells you not to contact a credit reporting company directly
Avoid a company that suggests disputing all of the information on your credit report, whether or not it is accurate
You cannot legally create a new “credit identity”; if you follow illegal advice and commit fraud, you may be charged with a crime

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Amount Of Social Security Disability Benefits May Vary By Judge

JulyWednesday6

Americans pursuing Social Security disability claims in court have experienced varying results. The Social Security Administration employs 1,400 administrative law judges (ALJs) to rule on appeals from people whose disability applications were denied. ALJs preside over cases that were previously denied twice. The Social Security Administration recently began releasing monthly data about how ALJs are deciding their cases. The data indicates that some ALJs grant benefits in most of their cases, while other judges rarely grant benefits. Congress and the Commissioner of Social Security are investigating the data. However, Social Security representatives are hesitant to disturb the independence of the ALJs. The Social Security Administration believes that “only a handful” of ALJs have abnormal approval ratings.

In 2010, over 2.9 million Americans applied for Social Security disability benefits, a 38% increase over five years. To deal with the increased number of applications, Social Security has employed 200 new ALJs and made the process for reviewing claims more efficient. The national average for wait times has dropped from 532 days in 2008 to 354 days in June.

Source:

Mike Chalmers, Data Show Disability Benefits Can Depend On Judge,

https://www.usatoday.com/money/workplace/2011-07-01-disability-denials_n.htm (accessed July 3, 2011).

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Princess Diana’s Dresses Will Be Auctioned To Cover Bankruptcy Debt

JulyFriday1

Fourteen well-known dresses worn by the late Princess Diana will be auctioned off in Toronto. The proceeds from the sale will be used to settle bankruptcy debts. Maureen Rorech Dunkel, a Florida entrepreneur, bought the dresses in 1997 when Diana sold them to raise money for charity. Princess Diana died in a car accident just two months after the original sale.

Dunkel belived the dresses were a good investment when she purchased them. She put the dresses on display in many different countries and formed the People’s Princess Charitable Foundation. However, Dunkel went bankrupt in 2010 and decided to sell the dresses to cover her debts. The fourteen dresses are worth more than she owes.

One of the most famous dresses in the collection is a black dress Diana wore to a White House dinner in 1985, where she danced with John Travolta. That dress is expected to raise between $800,000 and $1 million. Bidders from the United States, Canada, China, Germany, and Britain have all shown interest in the dress.

Source:

Ellen Tumposky, 14 Dresses: Princess Diana’s Iconic Gowns Go Under the Hammer, https://abcnews.go.com/US/princess-dianas-dresses-hammer-toronto/story?id=13904367 (accessed June 23, 2011).

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Most Americans Do Not Plan Financially For Emergencies

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A new study conducted by Bankrate.com suggests that the majority of Americans are not financially ready to deal with emergencies. Analysts suggest that Americans save enough to cover their expenses for six months. However, the study found that only 24% have enough savings to cover six months of expenses. Additionally, 24% of Americans have no money saved for emergencies. The findings are slightly surprising because the economic downturn and high unemployment rates have demonstrated the need to save for emergencies. The weak economy and unemployment have also made it more difficult for Americans to save significant amounts.

People who are most likely to have no money saved for emergencies include young adults under 30 and people who earn under $30,000. High-income earners and those aged 50 to 70 are most likely to have emergency savings to cover six months of expenses.

The study also found that Americans’ feelings about their financial security have decreased slightly in June. Also, 26% feel better about their debt than they did in 2010, while 19% feel worse about their debt.

Source:

Dave Carpenter, Americans’ Rainy-day Plan: Hope It Doesn’t Rain, https://today.msnbc.msn.com/id/43470019/ns/business-personal_finance/ (accessed June 22, 2011).

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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THINGS TO AVOID DOING BEFORE FILING A BANKRUPTCY

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THINGS TO AVOID DOING BEFORE FILING A BANKRUPTCY:

Do not pay back any friends or relatives money that you owe them.
Do not give away any assets to a friend or a relative.
Don not sign over any titles for vehicles to friends or relatives.
Do not lend any friends or relatives money.
Do not put your money in a friend’s or relative’s bank account.
Do not sell any of your assets to a friend or a relative.
Do not charge large items on a credit card.
Do not use your credit cards in any significant manner.
Do not take out any loans.
Do not grant anyone a security interest in your property.
Do not gamble.

All of these actions can cause complications in a bankruptcy. If you are considering filing a bankruptcy you should speak with an attorney before doing anything on the this list.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Bankruptcy Filings For First Quarter Down From 2010 Levels

JuneWednesday22

Based on information provided by the Administrative Office of the U.S. Courts, the number of bankruptcy filings in the first quarter of 2011 was down 6% from the number of first quarter filings in 2010. Overall, 366,178 bankruptcy cases were filed during January, February, and March of 2011. Over the same period in 2010, 388,148 cases were filed. First quarter consumer bankruptcy filings were down 5% from first quarter 2010 levels. Also, business filings for the first quarter decreased 15% from the same period in 2010. The total first quarter filings for 2011 are also down 1% from the number of bankruptcies filed in the fourth quarter of 2010.

The Executive Director of the American Bankruptcy Institute believes total filings for 2011 will end up below the total from 2010, representing attempts by consumers and businesses to decrease debt. The top five states with the highest per capita bankruptcy filing rate were Nevada, Georgia, Tennessee, California, and Indiana. Those states were ranked using filing data for the one-year period ending on March 31, 2011.

Source:

First Quarter Bankruptcy Filings Fall 6 Percent from 2010; Business Filings Drop 15 Percent,

https://www.abiworld.org/AM/Template.cfm?Section=Home&TEMPLATE=/CM/ContentDisplay.cfm&CONTENTID=63681 (accessed June 14, 2011).

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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NY Lawsuit Alleges Judicial Bias Against Disabled

JuneWednesday22

A class action lawsuit was filed on April 12, 2011 alleging bias against disability applicants. The Complaint was filed against the Office of Disability Adjudication and Review (ODAR) in Queens, New York. The plaintiffs’ claims are based on infringement of their right to a complete and fair hearing in front of an unbiased judge, violating the Social Security Act, the Administrative Procedure Act, and the Due Process Clause of the Fifth Amendment to the Constitution.

The complaint identifies the Chief administrative law judge (ALJ) for the Queens office along with four other ALJs. The class of plaintiffs includes Social Security Income (SSI) and Social Security Disability (SSD) claimants who received unfavorable decisions from the identified ALJs and claimants that will be assigned to the ALJs. The claims are based on reviews of opinions issued by the five judges. The Complaint alleges that the judges have a high rate of denial, fail to comply with the law and develop the record, and made incorrect determinations of credibility. The Complaint describes the lawsuit as a final resort after the Commissioner of Social Security failed to take action.

Additionally, the Complaint notes the fact that ALJs have insufficient accountability to the public. Each Office’s Chief ALJ, along with the Regional Chief ALJ, takes part in investigations of claims of misconduct. In the present case, the Queens Office’s Chief ALJ is one of the accused ALJs, meaning he would take part in an investigation of his own misconduct. The plaintiffs claim that Court intervention is necessary to prevent this conflict of interest and provide a remedy for plaintiffs harmed by biased ALJs.

Source:

Class Action Alleges Bias of Five ALJs, 33 NOSSCR Social Security Forum 3 (April 2011).

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Getting Social Security Disability Benefits for Traumatic Brain Injury (TBI)

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As an attorney representing clients in Social Security disability benefits claims, I have helped a number of people who suffered from traumatic brain injuries, or TBI. In just the last couple weeks, I have helped 4 people in this situation. Some discussion of the challenges proving disability in these cases may help others. Please feel free to pass this blog along to others.

Over the years, my clients with TBI have been in bad car accidents, have fallen from heights, have suffered from failed suicide attempts, or were victims of violent assault. Some suffered brain trauma from medical conditions such as a stroke. Whatever the cause, what does Social Security look for when evaluating such a person’s ability to work a full-time job?

First, let’s go to the “Listings,” or definitions, of disability the Social Security Administration uses to initially evaluate TBI. Under the title “organic mental disorders,” Social Security lays out what combined functional limitations would automatically result in disability for TBI:

12.02 Organic mental disorders: Psychological or behavioral abnormalities associated with a dysfunction of the brain. History and physical examination or laboratory tests demonstrate the presence of a specific organic factor judged to be etiologically related to the abnormal mental state and loss of previously acquired functional abilities.

The required level of severity for these disorders is met when the requirements in both A and B are satisfied, or when the requirements in C are satisfied.

A. Demonstration of a loss of specific cognitive abilities or affective changes and the medically documented persistence of at least one of the following:

1. Disorientation to time and place; or

2. Memory impairment, either short-term (inability to learn new information), intermediate, or long-term (inability to remember information that was known sometime in the past); or

3. Perceptual or thinking disturbances (e.g., hallucinations, delusions); or

4. Change in personality; or

5. Disturbance in mood; or

6. Emotional lability (e.g., explosive temper outbursts, sudden crying, etc.) and impairment in impulse control; or

7. Loss of measured intellectual ability of at least 15 I.Q. points from premorbid levels or overall impairment index clearly within the severely impaired range on neuropsychological testing, e.g., Luria-Nebraska, Halstead-Reitan, etc;

AND

B. Resulting in at least two of the following:

1. Marked restriction of activities of daily living; or

2. Marked difficulties in maintaining social functioning; or

3. Marked difficulties in maintaining concentration, persistence, or pace; or

4. Repeated episodes of decompensation, each of extended duration;

OR

C. Medically documented history of a chronic organic mental disorder of at least 2 years’ duration that has caused more than a minimal limitation of ability to do basic work activities, with symptoms or signs currently attenuated by medication or psychosocial support, and one of the following:

1. Repeated episodes of decompensation, each of extended duration; or

2. A residual disease process that has resulted in such marginal adjustment that even a minimal increase in mental demands or change in the environment would be predicted to cause the individual to decompensate; or

3. Current history of 1 or more years’ inability to function outside a highly supportive living arrangement, with an indication of continued need for such an arrangement.

These definitions appear clear enough, but these standards are difficult to prove in practice. Why?

Let’s discuss the reality of TBI, which many of you reading this may already know too well. The brain is complicated. Brain injuries can cause much physical and mental damage depending on the type of injury. In some ways, the brain can recover over time — especially for those who are younger. In other ways, the brain cannot fully recover. TBI can involve a very complicated and drawn out recovery. It is always good to work for improvement, but recovery can be elusive.

In Social Security’s world, it is not enough to have behavioral changes from TBI. Social Security needs objective measures of cognitive dysfunction. For example, you can have a personality change from a TBI, but this does not necessarily result in marked limitations in social functioning as required by the “B” criteria of the Listing above. In other cases, short-term memory is affected, but not long-term. How exactly does this correspond to the ability to concentrate? A common thread in many of my TBI clients is a very short-temper. How do you objectively measure these problems to prove disability?

Neuropsychological testing. In my legal experience, this testing is the gold standard for TBI cases. If I go to a hearing, I can argue testing results that objectively measure the damage to cognitive function. I did it at a hearing today. “Neuropsych” testing teases out many intangibles of cognitive dysfunction in ways that traditional mental health treatment cannot. Personality “quirks” that come out during a 1/2 hour mental health appointment may actually be pathology from a TBI. How do you get this testing? Ask your mental health provider. Psychologists giving these tests have specialized training. This testing can help you recover from a TBI. Results can direct psychological treatment and strategies for occupational therapy. I have seen some providers order neuropsych testing relatively soon after a TBI and another at a later interval to measure improvement against the original baseline test.

If you or a loved one believe you have problems associated with a TBI, even post-concussion syndrome, make sure to point out your specific concerns to the doctor. The doctor can only treat problems he or she knows about. Describe your concerns, big and small, and ask questions about the right treatment for you or your loved one. If you have further questions about how to argue for Social Security Disability benefits for TBI or any other disability, you should contact an attorney in a law firm about your specific legal situation.

Only lawyers in law firms can give you legal advice. If you wish to contact us, you can reach Hoglund Law Offices at 1-800-850-7867. We have licensed lawyers to assist you. You can also visit our website at HoglundLaw.com.

Andrew W. Kinney, Esq.

Hoglund Law Offices

5/9/11

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Hoglund Lawyer Speaking at National Social Security Benefits Conference this May

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Hoglund Lawyer Andrew Kinney is speaking at a national conference in May. The topic is cross-examination of expert witnesses.

The session “Cross-Examining Experts: From Theory to Practice” has been scheduled for Friday, May 13, at 2:45-3:45pm.

The conference will be held in Baltimore by the National Organization of Social Security Claimants’ Representatives (NOSSCR). For more information about NOSSCR, check out their web site: NOSSCR.org

Andrew Kinney spoke on cross-examination at the national conference last September in Chicago. Click here to view the presentation materials: “Rethinking Cross-Examination”

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Planning for Disability: When to Apply for Social Security Benefits

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andrew-kinney — Hoglund Lawyer Andrew Kinney

I am Andrew Kinney, an attorney practicing exclusively Social Security disability law at Hoglund Law Offices. I do about 400 or more hearings per year. I am licensed in Minnesota, Wisconsin, Ohio, and New York. Our team of Hoglund Lawyers travels across the country handling Social Security disability claims, and we currently have offices in Minnesota, Wisconsin, and Ohio.

Of the tens of thousands of calls to Hoglund Law Offices just last year, some calls about Social Security disability benefits came from people who were still working, but had serious medical problems that were going to cost them their jobs.

Losing your ability to work is frightening. It is enough not to feel well. Disability understandably takes a toll. For some, being unable to work can feel demeaning. I wish it didn’t. Other than getting the right help from doctors, there is not much you can do. For all, planning for disability is a difficult journey in need of a clear path. As a lawyer practicing in the area of Social Security disability benefits law, what do I tell them? If you or someone you know is facing disability, I hope the discussion below can help.

(I’ve formatted this “planning for disability” blog just like a phone conversation. Here is a typical first call for help.)

“Andrew, new client call on line 704.”

“OK”. I put my headset on.

Line 704: “This is attorney Andrew Kinney. Can I help you with questions about getting Social Security disability benefits?”

A hesitant female voice comes on the line. “Yes. My name is ________. I’ve been diagnosed with _________. I’ve started having more problems, so I’ve reduced my hours. I don’t think I’ll be able to keep this job much longer. I have some questions about Social Security benefits.”

“Sure. This is a difficult situation. What hours are you working per week now?”

“About 25 hours per week, but I’ve just used up my family medical leave.”

“Are you making over $1,000 gross before taxes a month?”

Pause. “Yes. I’m about at $1,200. But my supervisor just told me that I’ll need to go to 20 hours per week. I might be fired. We’re talking about it this Friday.”

“At 20 hours per week, would you make under $1,000 per month once you are at 20 hours per week?”

“Yes.” her voice is pained. “Or it might be zero soon. I don’t know what I’m going to do. I’m also going to lose my insurance.”

“That’s why Social Security set up these benefits. You have been paying for this federal disability insurance out of your paychecks. Now, the reason I’m asking about your monthly income is that Social Security has income limits for people that apply. In 2011 and last year, you are allowed to make up to $1,000 per month. If you have been making more for 3 months in a row, Social Security decides that you are working. People can apply for Social Security benefits if they are making less than this amount per month because of medical problems, and they expect they won’t get better for a year or more.”

“So when can I apply for Social Security benefits?”

I answer her question: “When your monthly earnings go down below the level I mentioned.”

“Well, I’ll know soon enough. I just can’t keep this job up. I’m making mistakes at work. My friends who know what’s going on are trying to cover for me. It is getting too hard.” She is exasperated.

“Well, it’s good you called. This way you can know what to do next. What I tell people is that they should work as long as they can within their doctor’s limits. When you reasonably can’t work much more, you’ll know. Your doctor will also know that you are trying to keep working. A judge’ll ask why you stopped working anyway, so trying your best is good. As for the legal standard of what a disability is, Social Security allows benefits if you can prove with medical treatment that your medical problems will keep you from working full-time for a year or more.”

She responds: “My doctor told me that he doesn’t know how I’ve been able to work at all.” She laughs a little. “He said that he normally doesn’t believe in Social Security disability benefits, but he knows what is going on with me. He said he would help me.”

“That’s good. Tell me about your medical issues.” She explains her situation, including a recent surgery. I then explain the appeal process and how our law offices can help. I get her address and other information.

Evauating her situation, I tell her, “OK. I think we can help you. First, though, keep in mind that your application needs to wait until you are in a new month when you are not making too much. Second, remember that we help people apply. So, keep our number handy. Also, when are you next seeing your doctor?”

She pauses. “I have an appointment in about 3 weeks.”

“Good. If your hours go down like we discussed or you are let go, let your doctor know at that appointment that you might need a letter from him soon that helps explain your diagnoses and limitations. These are called narrative letters, and this will outline what’s wrong. Letters from treating doctors can be your best chance of approval at the application stage. We expect, however, to go to a hearing.”

“I think he’ll write a letter.” I explain the logistics of this letter. “What about insurance? If I’m fired, how will I keep going to my doctors?”

“You need to keep treating for your medical problems, especially if you start a disability benefits claim. Here are some things to do. You should write these things down: First, you might look into getting insurance through your husband. Second, as you stop working, find out from your employer how to extend your current insurance through COBRA coverage. You may be able to extend this longer than others due to disability. Third, ask about private disability benefits, either short or long-term. Some employers have them. Fourth, make sure you have copies of your employer’s benefits plans. Finally, you should look into health coverage options through your county. A call to your county can help you understand how that works.”

“Thanks. I’ll do these things.”

“Well, this should cover things for now. Also, remember that some people living off savings can have early withdrawal penalties from their 401k. Ask the IRS about having this penalty waived due to disability. If this issue comes up, contact a local IRS office about the process.”

“Thanks.” She sounds a little relieved.

“Thank you for calling. As I said, keep our number handy. Let’s hope that you can keep working, but you’ve got a plan.”

* * *

Hopefully, the dialogue above — which happens a lot in our practice — helps you. Planning for Social Security disability is possible.

One last thought. At times, our legal judgment plays into the timing of a Social Security benefits application. Once in a great while, my clients haven’t been treating as they stopped working. In these cases, I may have a client delay his or her application a little while until they can get to see their doctors. I’ve seen applications denied for lack of medical evidence, which is a shame for real medical problems. Note that delaying applications, however, can also cause a loss of possible benefits.

Legal advice about this process is important. So if you want legal advice, you need to call a law firm — not an “advocacy” group or corporation of “representatives” that processes claims. Whoever you call, ask if they are a law firm up front. Otherwise, you will not get legal advice. You have a right to choose an experienced lawyer. Get one. At Hoglund Law Offices, we charge only a quarter of back-pay if you win. You pay no money up front. Ever.

My normal disclaimer: You should get legal advice based on your unique situation, so make sure to call Hoglund Law Offices at 1-800-850-7867 or visit HoglundLaw.com if you have questions like this. Please don’t rely on this one example. If you call us, you can plan for disability. Good luck.

Andrew W. Kinney, Esq.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Methods of Collecting Debt

NovemberTuesday9

One of the many ways creditors can collect on delinquent accounts is by obtaining a judgment against the debtor. The creditor will typically hire a law firm to sue the delinquent account holder, and in virtually every case, a court will grant a judgment in the creditor’s favor. Because Minnesota law allows service by mail and default judgments are issued frequently, the process of getting the judgment is relatively easy.

Once the creditor has a judgment, the creditor will utilize the judgment to recover the funds owed by the debtor. Prior to obtaining a judgment, the creditor was limited to collecting via phone calls and mail. Those collection efforts, while often upsetting to the debtor , do not allow the creditor to collect unless the debtor voluntarily agrees to make payment arrangements. However, once the creditor has been granted a judgment, the creditor can force the debtor to make involuntary payments. Creditors typically use the following methods to collect on a judgment:

1. Garnishments.

Once the creditor has the initial judgment, the most common next step is to get a garnishment order. Once this is granted by the court, the judgment creditor will be able to force the debtor’s payroll to deduct up to 25% of the debtor’s net pay and give it to the creditor until the judgment is satisfied in full. The debtor will be garnished in intervals with occasional breaks in the garnishment.

There are some limitations to this method. Not all sources of income can be garnished. A creditor cannot for example garnish social security or certain types of pensions. When the debtor is given notice of the pending garnishment, he or she will also receive a notice of exemption to be filled out and returned to the judgment creditor. Typically if a debtor is receiving state aide a creditor will not be able to garnish wages or levy bank accounts even from nonexempt sources. For example, if an individual is working but is also receiving food stamps, the creditor will not be able to garnish the individual’s wages even though the wages are not from a nonexempt source. An individual will need to fill out an exemption form in order to prevent the garnishment. Additionally, if the debtor is self-employed or otherwise receives income through channels other than payroll, a garnishment will be of little use.

2. Bank Levies

A creditor may also utilize bank levies. Once the court grants a levy order, the judgment creditor is able to freeze the debtor’s checking or savings account and force the bank to turn over the funds to the creditor. The creditor can take a lump sum of money up to the amount of the judgment. If the funds in a debtor’s account can be shown to be exclusively from an exempt source such as those mentioned above, then the debtor may fill out an exemption form and the funds will be returned to the debtor. Also if the funds in the account were not the sole property of the debtor, the debtor may request a hearing to have some portion of the funds refunded to the co-owner of the funds.

3. Seizures

A judgment creditor can also seize property to satisfy the debt. The creditor can have a sheriff seize any of the debtor’s property that is not exempt under state law.

A secured creditor is able to repossess any assets secured by the loan without acquiring a judgment. This is most often the case with items such as vehicles (repossession) and real estate (foreclosure). A creditor can also seize other items such as furniture, jewelry, and electronics that were purchased on credit if a purchase money security agreement is in place. Many creditors such as Best Buy or Goodman Jewelers place a purchase money security clause into most of their contracts. If proceeds from the sale of the seized property are insufficient to cover the amount owed on the delinquent loan, the creditor may still collect on the deficiency balance. The creditor can pursue a judgment for this deficiency balance and then will able to use garnishments and bank levies to collect the remainder of what is owed.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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