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An Increase in Foreclosure Activity is a Good Thing

An Increase in Foreclosure Activity is a Good Thing

It is certainly a very scary time receiving a notice of default and having to go through the process of foreclosure.  There are few things worse than losing one’s home.  However, an increase in foreclosure rates may be a sign that the housing market is on its way to recovery.  As industry analysts put it, “the sooner the inevitable foreclosures get cleared out, the better.”

The Associated Press reports that in the month of October, more U.S. homes entered into the foreclosure process than in previous months.  The Associated Press also reports that there was a monthly increase in the number of U.S. homes scheduled for auction, repossession, and notice of default.  As a result of this increase in the month of October, homes that likely will be lost to foreclosure have reached a seven-month high.  Although these figures sound like terrible news for those struggling to make payments, industry analysts urge the necessity of the foreclosures in order to bring on the revival of the housing market.

It seems as if this housing crisis has been around for quite some time.  Some have contested that government intervention, which has required tedious filing practices on the part of the lenders, is behind this slowed process.  However, RealtyTrac CEO James Saccacio is optimistic that this will change, he remarks, “We’ll eventually see foreclosure processing go up.”

Insider trading data suggests that some already are beginning to feel the revival of the market.  Trading in the real estate and construction markets have lead some to believe that a rebound is not too far off.

 

Source:

Rebecca Lipman, Foreclosures Rising: Are We Nearing the End of the Housing Crisis?

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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Super Committee fails to reach debt reduction package

Earlier this week, the bipartisan 12-member panel, the so called “super committee,” failed to reach an agreement on the goal of $1.2 trillion in debt reduction.  The final vote originally was set for Wednesday before Thanksgiving, but because the panel did not have a blueprint of a proposed package, the super committee announced on Monday, November 21, 2011, that it was unable to reach a deal.

Automatic budget cuts are scheduled to kick in 2013, and the cuts would slash $1.2 trillion in defense and nondefense spending.  However, programs such as Social Security and programs for low-income people such as Medicaid are exempt from the automatic budget cuts.  Medicare cuts would be limited in the cuts made as well.  Even though the cuts are to kick in 2013, Congress could easily reverse them.

Budget experts have continued to stress the importance of tackling the debt issue in order to get the country back on a sustainable fiscal track.  Some of those experts said, “Congress needed to ‘go big’ on a deal that tackles the big drivers of future debt — entitlements and health care.”  They contend this big deal would have to be some kind of bargain reaching $3 to $4 trillion over ten years.  The super committee’s failed attempt was a shot at $1.2 trillion and was nowhere near the level of debt reduction demanded by experts.

 

 

Source:

Charles Riley, Super committee: What’s next, https://money.cnn.com/2011/11/21/news/economy/super_committee_failure/index.htm?iid=HP_Highlight (accessed 11/23/2011)

 

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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Consumer Spending and U.S. incomes up slightly

The Commerce Department reported Wednesday that consumer expenditures rose by a nominal .1% in October, which is down slightly from a .7% increase in consumer spending that we saw in September.  Meanwhile, U.S. incomes rose a bit, up .4% in October compared to a .1% increase in September.  However, despite these lack luster figures, there is room for optimism in the retail market, which is predicting an increase in spending of 2.8% compared to the 2010 holiday shopping season.

This week’s jobless claims rose by 2,000, to a seasonably adjusted 393,000.  The increase by 2,000 was the trend breaker of three previous consecutive weeks of jobless claims decline.  However, the Labor Department is not alarmed by this shift and does not find it unusual.  The four-week moving average of new jobless claims, which is a more reliable indictor because it handles the issue of unusually volatile weeks, actually is decreasing by 3,250.  Economists generally contend that jobless claims must stay below 400,000 in order to see any real market recovery.  Although, jobless figures are hovering only slightly below that mark, it is still positive to note that those figures are slightly below rather than slightly above the 400,000 mark.

Reports also have shown a decrease in purchases of durable goods.  Durable goods are products that are designed not to wear out quickly and are to be used over time, rather than consumed immediately.  Notable durable goods are products such as cars, jewelry, phones, refrigerators, and furniture.  Nondurable goods are products such as food, fuel, shoes, and paper.  The figure for durable goods is down .7%.  However, this estimate slightly is misleading because a substantial portion of the .7% decrease can be attributed to a large decline in purchases of commercial airplanes, which is down 16.4%.  Several other durable good sectors actually have reported gains, such as a 6.2% rise in orders for motor vehicles and parts.

 

Source:

Eric Morath and Tom Barkley, Spending Slowed in October, https://online.wsj.com/article/SB10001424052970204630904577055931450123646.html (accessed 11/23/2011)

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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Credit Cards After Bankruptcy?

Many individuals when filing a bankruptcy want to know if it is possible to simply leave a creditor out of the bankruptcy.  It is not. The law is very clear that all creditors must be included when filing a bankruptcy. It is often possible to essentially remove a secured creditor from a bankruptcy by signing a reaffirmation agreement. However, signing a reaffirmation agreement on a credit card is unwise and typically will not be approved.  All reaffirmation agreements must be approved by the judge in the case. It is extremely unlikely that any judge would approve a reaffirmation agreement for a credit card and very few attorneys would ever recommend reaffirming such a debt.

Once a person has finished a bankruptcy, it is not particularly difficult to get a new credit card.

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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Changes In Circumstances In a 13

When filing a Chapter 13 Bankruptcy, many individuals are very concerned about what will happen if there is a change in their income. A Chapter 13 is a repayment plan that is largely based upon a debtor’s income and expenses. In some cases the payment is based on tax debt or mortgage arrears. The payments vary considerable on a case to case basis.

If a person files a Chapter 13 and there is a significant change in circumstances, it is possible in most cases to go back to the court and ask for a reduction in the payments. It is also possible in some cases to ask that the case be changed from a Chapter 13 into a Chapter 7 liquidation which does not involve repaying the creditors.

When a person enters into a Chapter 13, it is important that they stay in contact with the attorney who represents him or her.  Oftentimes problems can be addressed in the Chapter 13, if the attorney is informed.

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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Younger Generations Worse Off Than Older Generations

Over the history of the United States there has been a general trend of increased wealth with each passing generation.  However, analysis by the Pew Research Center points to the exact opposite.  The older generations have been able to amass more wealth over time relative to the younger generations.  Despite the obvious ability to collect more wealth by living longer, households in 1984 headed by people 35 years and younger had a median net worth of $7,859 greater than households headed by people 35 years and younger in 2009.  Today, the wealth gap between households headed by people age 65 and older and households headed by people age 35 and younger has never been wider.  In 1984 the 65 year old age group had a median net worth 10 times greater than the 35 year old age group. Today the 65 year old age group holds a median net worth 47 times greater than the 35 year old age group.

Besides a weak economy, there are several other likely culprits to this increasing net worth gap.  For instance, today’s individuals are starting their independent lives later and putting home ownership off longer.  The increased cost of attending college also has aided in this change; younger generations are attending college in greater numbers compared to the older generations.

The Pew Research Center attributes the largest factor in the increased wealth gap to the housing market.  The report said, “While rising home equity helped drive wealth gains for the older generation over the long-term, younger people had less time to ride out the housing market’s volatility — especially its most recent boom and bust.”  Whatever the reason for the increased net worth gap, one thing is certain, the younger generation is not better off financially than their parents and grandparents.

 

Source:

Annalyn Censky, Older Americans are 47 times richer than young, https://money.cnn.com/2011/11/07/news/economy/wealth_gap_age/index.htm?iid=HP_River (accessed November 8, 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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Foreclosure Sales Down, but Will Likely Increase Later in 2011

During the second quarter of 2011, almost one third of all home sales were foreclosures. According to RealtyTrac Inc., foreclosure sales made up 31% of home sales during April through June 2011. A foreclosure sale occurs when a home is purchased after the owner receives a notice of default or when a home is repossessed. The second quarter foreclosure sales represent a decrease from the foreclosures during the first quarter of this year. However, the figure is six times the percentage of foreclosures that is considered healthy for the housing market. Overall, 265,087 homes that were in foreclosure were sold during the second quarter.

The percentage of foreclosure sales would have been larger without a federal and state investigation into the foreclosure process. An investigation has been launched because of defective foreclosure paperwork kept by banks and mortgage servicers. The investigation has caused foreclosures to be delayed and foreclosures will likely increase when the investigation is complete.

Nevada had the highest foreclosure percentage, with foreclosures making up 65% of all home sales. Arizona and California followed, with foreclosures accounting for 57% and 51% of home sales. Michigan, Colorado, Florida, Illinois, and Oregon also had foreclosure sales that made up at least one third of home sales.

 

 

Source:

Associated Press, Foreclosures Likely to Surge Again This Year, https://realestate.aol.com/blog/2011/08/25/foreclosures-likely-to-surge-again-this-year/ (accessed August 25, 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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U.S. Postal Service Close to Bankruptcy

The U.S. Postal Service has been struggling financially. Patrick R. Donahoe, the postmaster general, has stated that if Congress does not take action the agency will not be able to make a $5.5 billion payment this month and may be forced to shut down this winter. Recently, the Postal Service has proposed cuts to eliminate a deficit that will rise to $9.2 billion this year. The proposed cuts include ending Saturday delivery, closing 3,700 locations, and laying off 120,000 employees.

The financial problems can be attributed to lower revenue and increasing costs for the Postal Service. Fewer people and businesses are utilizing post office services, largely because of increased Internet usage. Additionally, the Postal Service has contractual obligations to its employees, including no-layoff provisions, which have resulted in increased costs. Labor costs account for 80% of the Postal Service’s expenses, compared to 53% at UPS and 32% at FedEx. Postal Service employees also receive better health benefits than other government employees.

The Senate Homeland Security and Governmental Affairs Committees will consider the Postal Service’s situation this week. Democrats and Republicans have been unable to reach an agreement on a solution. If the Postal Service does miss the $5.5 billion payment due at the end of September, an emergency will not immediately occur. However, in early 2012, the Postal Service will be unable to pay for its operations and will have to shut down.

 

 

Source:

Steven Greenhouse, Postal Service on Verge of Going Broke, Shutting Down, https://www.msnbc.msn.com/id/44396682/ns/business-us_business/#.TmUMDzuF4ro (accessed September 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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Burt Reynolds Facing Foreclosure

Burt Reynolds Facing Foreclosure

Merrill Lynch Credit Corporation has sued Burt Reynolds over his Florida home. According to the lawsuit, the 75-year-old actor is behind $1.2 million on the mortgage for his home in Hobe Sound, Florida. Reynolds has not made a payment on the home since September 2010. BankAtlantic holds a second mortgage of $750,000 on the home and was also named in the lawsuit. Reynolds’ Florida home is 12,500 square feet and is valued at $2.4 million. The actor attempted to sell the home in 2009, listing the property at $8.9 million. However, a poor housing market and high asking price made it difficult to sell the home.

The foreclosure suit is not the first time Reynolds has faced financial difficulty. In the 1990s, Reynolds filed for Chapter 11 bankruptcy after a divorce and poor career and investment choices. Reynolds also owns a home in Little Rock, Arkansas. He is currently filming a made for TV movie.

 

Source:

Tim Kenneally, Burt Reynolds Slapped with Foreclosure Lawsuit over Florida Home, https://movies.msn.com/movies/article.aspx?news=664577&GT1=28101 (accessed August 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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Payday Loans Dangerous For Borrowers

Payday loans are short-term loans offered by lenders as an advance on the borrower’s paycheck. Payday loan lenders are located in stores and online. Generally, it is a good idea to take out a payday loan only if it can be paid back immediately. Payday loans are one of the most expensive types of credit. The loans carry high interest rates, and interest adds up quickly if payment is not made on time. It is not uncommon for borrowers of payday loans to pay 700 or 800% interest. Payday loans are usually easy to get. The money usually is transferred in a few hours, and borrowers only need a paystub to prove they are employed. In most circumstances, payday loans are dischargeable in bankruptcy.

Payday loans often are targeted to people who cannot afford them. Additionally, most lenders do not sufficiently disclose the interest rates and other costs. Borrowers who apply for online payday loans have to be careful to avoid enrolling in additional programs. Online applications often include opportunities to sign up for unrelated programs, such as travel, phone, or Internet plans. A borrower can easily become enrolled in these programs and will be charged every month. Regulation of payday loans varies from state to state. The predatory behavior by lenders has caused many to question the existence of payday loans.

 

 

Source:

Sheryl Nance-Nash, How Online Payday Loans Can Get You in Trouble, https://www.dailyfinance.com/2011/08/10/how-online-payday-loans-can-get-you-in-trouble/ (accessed August 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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Past Relevant Work


Video Transcription:

Hi, my name is Andrew Kinney.  I’m an attorney at Hoglund Law offices.  I practice Social Security Disability Law.  Today I wanted to talk about past relevant work.

It’s a phrase that Social Security uses a lot. It means the work you used to do within the last 15 years.  Why is past relevant work important to your case?  Well, when social security makes decisions about disability insurance and supplemental security income they go through a process.  They decide first if someone is currently working, it’s called SJ issues.  Then they look to what medical problems affect work in a basic way.  It’s called a severities step. The third step is deciding if the individual meets or equals any sort of definition or listing of disability.  The fourth step finally is can you return to you past relevant work; what you used to do?  And they have definitions of what you used to do exactly as opposed to what you used to do in the general category.  There is another step after that as to your ability to perform other work.  But in terms of performing past relevant work social security evaluates your past relevant work in every single case.

Now the essence of past relevant work is you probably know you can’t return to your past work if you’re applying for benefits, the medical standard is can you work full time at either your past work or other work.  That generally applies to most people depending on age.  So practically speaking, most people who are considering disability or have applied for social security disability benefits don’t think they can return to their past relevant work.

Now here’s the crux of the problem. Social Security, at least when you’re under 50, now will consider if you can return to not just what you used to do perhaps a specialist in something, skilled craftsman, maybe a lawyer. Social security will look not to whether you can return to that job let’s say you had a stroke and can’t concentrate too well they’ll consider that people under 50 whether they can return to other work as well.  So you can benefit greatly from having some legal advice as to whether you should apply or if you have applied how do I meet my definition of disability because if the only thing you can’t do is your past work you can probably perform some other part time work in some other capacity.   Your attorney is going to need to make arguments that you are by definition disabled.  You are by definition disabled if you meet certain criteria.  And again I’ll mention stroke but it can be any matter of health problems.  A lot of the health problems are listed under our disability library at www.HoglundLaw.com

The other instance where past relevant work actually is very important though is if you are over 50 or within 6 months of age 50.  And this can happen after you apply or can happen after you have your pending appeal.  In that case social security looks to see if you have physical restrictions first.  If physically you’re limited to sit down work or sedentary work.  And the definition of sedentary is within social security’s regulations.  As absorbed to the dictionary of occupational title.  Social Security looks to see if you can’t return to your past work and you’re limited to sit down work, if you’re over 50, and you don’t have skills that could shift into other sort of sedentary work you can be what’s called gridded out.  There are some guidelines that social security uses for people over 50 and that’s again an instance where past relevant work is crucial.

If you have questions about past relevant work please feel free, if you don’t already have an attorney call our office at 1-800-850-7867 you can also go on our website at www.HoglundLaw.com.  Hopefully this information can help you.  If we can actually represent you that’s wonderful.  But keep in mind that these concepts are specific to Social Security so getting to know them is very important.  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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5 Reasons To Get An Attorney – Handling your own Social Security Case


Video Transcription:

“Hi, my name is Andrew Kinney.  I’m an attorney at Hoglund Law offices.  I practice Social Security Disability Law.  I also help people with supplemental security income, otherwise known as SSI.  Today I wanted to talk about why it may not be in your best interest to handle your own social security case.

Well, I have 5 reasons.  First, when you apply, it’s very important is that your application is complete.  You can apply online or in person or you can apply over the phone.  What you don’t know though is, is everything in?  Do they have all the information they need?  And ultimately, did I choose the right date when I said I first couldn’t work?  That isn’t always obvious.

The second reason why you may not want to handle your want social security case is that you have to appeal at every step within a certain deadline.  So you have an application stage, a reconsideration stage, a hearing stage, and what’s called the appeals counsel after the hearing stage.  There are deadlines between each of those stages, and if you miss those deadlines you perhaps could have good cause. But, generally you cannot expect to do anything but start over if you miss appeals.

A third reason why not to handle your own social security case is that during the process you can get input from doctors beyond medical records.  What form of input would help?  What do doctors need to comment on?  How can doctors comment on it?  Who gets it if you get a letter form a doctor?  Are there better forms or charts that would otherwise be available?  These are issues that a lawyer can help you with.

A fourth reason to perhaps why not handle your social security case on your own is one of the two most important reasons.  The fourth reason is that you’re at a hearing.  The judge is a federal judge, you’re in a private conference room, with a tape running.  You’ve given a testimony, the judge is a trained lawyer, there is generally always a job expert in there trained in social security law, wondering whether you can do work, there may even be a medical expert in there talking about your own medical records and wondering whether the standards that disability has are met.  So if you think about it, you’re in a hearing and you have to give your own testimony about why you don’t feel well, why you’re disabled, why you haven’t returned to work and what work you worked for.  You have to be ready to cross examine these experts.  So keep in mind that if you want this kind of help, if you want a trained attorney that does hearings all the time, it’s easy enough within reason to try to hire someone late in the game.  But don’t wait any later if you decide you need a lawyer.

The fifth reason and I would think the biggest reason that you should perhaps consider not handling your own social security case is that you don’t feel well.  If you have a medical problem particularly a psychological problem or maybe chronic pain that affects your ability to concentrate, handling your own social security case alone is very, very difficult enough, let alone not feeling well.  So, if you keep that in mind, knowing that you don’t feel well, feel free to call our offices at www.HoglundLaw.com.  You can also call us at 1-800-850-7867.  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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Adaptative Functioning


Video Transcription:

Hi, my name is Andrew Kinney.  I’m an attorney at Hoglund Law offices.  I practice Social Security Disability.  Today I’m going to talk a little more about cases involving borderline intellectual functioning.

I have a previous video that discusses the basics of how social security uses definitions of disability to defining impairments with IQ scores.  What I’m going to talk about now is more specific, adaptive functioning.  Adaptive functioning is claimants have been able to survive and actually thrive in a work environment.  That’s a good thing, but that doesn’t always happen.  So if you are pursuing social security benefits on borderline intellectual functioning, or social security calls it mental retardation under listing 1205 C, It is very important for your attorney to know that we have evidence of adaptive functioning.

functioning, because if an individual has shown, despite the work history, they only worked alongside family members or close friends with understanding bosses, they may not have adapted properly. So in those situations, if someone has not adapted then that would be evidence of it, and so I would perhaps have a family member testify at the hearing, that they helped them get the job, they showed up at the job during lunch, they had interactions with the boss.

It comes down to this:  Sometimes jobs that people do look like they’ve adapted and can function well, and that’s a good thing, but sometimes the actual job the way its performed is more toward sheltered workshops or sheltered work.  That sort of work is done with direct supervision and its different than competitive work.

There are other examples of where adaptive functioning comes into play.  For instance, if they went back to school and learned a specific skill or not.  There are also questions about day-to-day activities.  Reading the paper, basic functions, taking the bus.  There are a lot of other examples about what adaptive functioning actually is and it’s important at hearings to get evidence of it.  If you have further questions about adaptive functioning, borderline intellectual functioning in general, or just about getting benefits for social security disability please feel free to call our offices at 1-800-850-7867.  You can also go to www.HoglundLaw.com.  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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Dismissal of a claim – Administrative Law Judge – Social Security ALJ


Video Transcription:

“Hi, my name is Andrew Kinney.  I am an attorney at Hoglund Law offices.  I practice social security disability law.  Today I wanted to talk about dismissal of hearings by Administrative Law Judges, otherwise known as ALJ’s.

When you apply for social security disability, there could be a big difference from the time you apply to the time of your hearing.  Sometimes as much as 2 years or more depending on the area you live. By the time you get to your hearing you would have gotten a letter roughly 3 weeks in advance stating the time and location of your hearing.  Well, people often relocate and can even lose contact with the attorney that’s helping them with their social security claim.  So, sometimes we have dismissals of hearings by the SSA when someone doesn’t show up for their hearing.

Now I wanted to distinguish dismissals from withdrawals from hearings.  Withdrawals would mean if someone is helping you with your social security claim and you decide that it’s in your best interest to not pursue the hearing, for instance if there’s not enough evidence and the attorney has given you good legal judgment on that.  Sometimes you withdraw your hearing request and you re-file and start over and the last denial is the reconsideration denial.  This is different. If you have a dismissal. That means that you didn’t show and there was no explanation why you didn’t show.  If you have an attorney, you technically have a right to protect your right to a hearing by having the attorney show on your behalf, but at some point for you to get a proper hearing, it will be important to be able to appear at your hearing because there would be at least a rescheduling of one hearing.

So, if you have a dismissal of a hearing and you’re wondering what to do, the first thing you should do is call the hearing office.  Also, call your attorney, if you have one, and find out what to do.  Now there are some factors that are hard to quantify. For instance, if it’s over a year that you’ve missed your hearing and you’re first learning about it I have not had any experience where someone has been able to get a new hearing.  But, if it’s within a certain amount of time since you’ve had your hearing and you’ve missed it, what’s very important is that you have an opportunity to offer what’s called the cause.  Here’s why I missed my hearing, here’s my circumstances, it could be family emergency, it could be homelessness, it could be many factors.  But, what the judges need to allow a new hearing and avoid a dismissal is a good reason to miss your first hearing.  If you have an attorney that’s helping you, they will get involved.

Last winter we had examples of the snow being too bad to be able to get in to a hearing.  Or, an inordinate amount of traffic.  If there are some more practical reasons you couldn’t make it on time to your hearing those may have a better chance of getting a hearing rescheduled.  So if you have a hearing dismissal letter or at least the threat for it, make sure to respond right away.  If you find that it’s too late and you lost your right to a hearing, what you can do is re-file a new case, get an attorney, and help them re-open the prior case.

So, that can take a lot of time. But, it is the best thing you can do to make up for what would be lost back pay.  If you have more questions about dismissals from administrative law judges, or just general questions about social security disability feel free to call our office at 1-800-850-7867.  You can also visit www.HoglundLaw.com.  We also have other videos about different subjects to help 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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Taxes On Credit Cards

Don’t charge taxes on a credit card before filing

When preparing to file a bankruptcy, there are a number of things which an individual should not do. One of these is to use a credit card or loan to pay taxes.

If one pays for owed taxes by charging them on a credit card or taking out a loan, the credit card company or creditor will be able to object to the discharge of that debt. There is a rule in bankruptcy that allows a creditor to object to the discharge of a debt that was incurred because a debtor used that creditor’s loan to pay taxes if the taxes were charged or paid within the last year.

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 to Understand Debt and Avoid Problems

Despite all the negative headlines, debt is not always bad. Good debt can allow people to do what they otherwise could not, including, going to college, or buying a house or car. Bad debt is used to make purchases that are not necessary and purchases the borrower cannot afford. One way to determine if something is good debt or bad debt is the interest rate. Generally, good debt is more affordable and can be tax deductible. There is an additional type of debt in-between good and bad debt, which can be referred to as “convenience debt.” This debt represents the monthly credit card balance that builds up because it is easier to pay for purchases with a credit card. Convenience debt should be paid off on time each month to avoid interest charges.
It is important to remember that the fastest way to get out of debt is to pay off the most expensive debt first. Therefore, if you are behind on more than one credit card, you should put the most money toward paying off the most expensive card and pay the minimum balance on the others. Another important step is to take care of your credit report and credit score. To maintain a high credit score you should pay bills on time, pay down credit card debt to below 10% of the card’s limit, do not apply for new credit cards or close credit card accounts, and maintain a history of paying phone and utility bills on time.
If debt becomes overwhelming or something occurs that will make repayment more difficult, inform creditors of what has happened. Many companies will be willing to work with you by lowering interest rates or fees, extending the term of the debt, or reducing the amount of debt.

Source:
Jean Chatzky, How To Avoid Debt Problems Before They Start, https://today.msnbc.msn.com/id/31507914/ns/today-money/ (accessed August 1, 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 is a deed in lieu of foreclosure?

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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How Americans Are Reducing Spending

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)

  1. Saving money at the grocery store, 67%
  2. Packing a lunch instead of buying one, 46%
  3. Going to a hairstylist less often, 43%
  4. Switching to reusable water bottles instead of buying bottled water, 39%
  5. Ending magazine subscriptions, 31%
  6. Reducing amount of dry cleaning, 24%
  7. Cancelling or reducing cable TV service, 22%
  8. Stopping morning coffee purchases, 21%
  9. 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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Princess Diana’s Dresses Will Be Auctioned To Cover Bankruptcy Debt

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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Planning for Disability: When to Apply for Social Security Benefits

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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How the Social Security Disability Process Ignores the Real Job World

As I finished my Social Security disability hearings today, it struck me how often I need to explain what Social Security DOES NOT account for when evaluating Social Security claims.  Hopefully this blog will help.

Social Security allows you to receive benefits if your health will keep you from working full-time for 1 year or more.  As Hoglund Lawyers, we argue Social Security benefits claims every day.  Despite our immersion in legal procedure and complex medical arguments, we still need to remind our clients about the following simple fact:  Social Security ignores many non-medical reasons that keep people from working in the real world.

These are the top 6 real world concerns that the Social Security disability process ignores:

6.  I don’t  have the proper job experience.  Social Security, as a general rule, will only consider whether you can do:  (1) unskilled work, or (2) work using your skills from your past work.

5.  I have childcare issues.  Social Security does not account for the time or expense of your family obligations in deciding whether your medical problems affect your ability to work.

4.  I am not near any jobs.  Social Security only considers whether sufficient numbers of certain job categories exist in your general geographical region.

3.  No one would hire me with my medical/legal history.  Social Security only considers how your impairments impact your ability to work, not your ability to get hired.

2.  I don’t have transportation.  Social Security evaluates your ability to do jobs, not get to them.

1.  There are no open positions where I live.  Social Security accounts for jobs that exist, and ignores whether they are available.

Finding and keeping a job in this market can be difficult.  Severe medical problems can make this profoundly more difficult.  If you are trying to get Social Security disability benefits, take heart.  Make sure that you treat for your medical problems with a physician you trust.  If you don’t currently have medical insurance, see what’s available — including free medical clinics.

Although Social Security can ignore your practical life circumstances, it does account for your doctor’s documentation of your medical problems.

If you do not have an attorney helping you with your claim, it is important to get legal advice specific to your situation.  If you want legal advice from one of our lawyers at Hoglund Law Offices, you can reach our offices at 1-800-850-7867.  There is no fee unless you are approved.  If you are approved, our only fees are 25% of your back payment of benefits.

 → Click Here to Download your Free Hoglund Lawyer’s Guide to Security Security Hearings  

Andrew Kinney, Esq.

AMDG

 5 Secrets to Getting Social Security Benefits

Hoglund Lawyer Andrew Kinney

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 Lawyer Explains 10 Things that Happen at Hearings

(The following material includes excerpts from a recent Continuing Legal Education course offered by the author.)

Most of our Social Security benefits clients at Hoglund Law Offices ultimately go to Social Security hearings.  At these hearings, you will see your attorney function much like attorneys in trial courts.  These hearings, however, are informal and are run by judges — called administrative law judges.  These judges generally ask you important questions about your work history and medical problems.  Hearings usually last about 45 minutes to an hour.

Although some hearing procedures may vary, they generally follow the routine below (in a private conference room where everyone remains seated):

  1. The JUDGE swears you in.
  2. The JUDGE verifies whether you understand how the hearing works.
  3. The JUDGE verifies whether your medical records are complete in your hearing file.
  4. The JUDGE asks you questions about your past work, your medical problems, and how your medical problems have affected your day-to-day activities.
  5. Your ATTORNEY asks you questions.
  6. The JUDGE asks the Medical Expert (if present) about the diagnoses in the medical records and how they limit you.
  7. Your ATTORNEY cross-examines the Medical Expert.
  8. The JUDGE asks the Vocational Expert “hypothetical questions”.
  9. Your ATTORNEY cross-examines the Vocational Expert about the testimony and about additional limitations.
  10. Your ATTORNEY may make a closing argument.

Hearings with judges can seem intimidating to the uninitiated, but our clients understand that we are there to make sure the judge understands why they cannot work.

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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You Have a Right to an Attorney at your Social Security Hearing

We occasionally have new clients at Hoglund Law Offices who have already appeared at their Social Security benefits hearings unrepresented.  They fall into 2 categories.  Some of these clients already completed their hearings with their judges.  At this point, we generally cannot get another hearing.  We are left making sure the medical records were properly submitted and, at times, we submit written legal arguments to the judges post-hearing.  Frankly, in these cases, we also plan for appeals of hearing denials and for the possibility of refiling new claims.

Other new clients, however, who have already appeared at their hearings did a wise thing.  They requested their judges to postpone their hearings until they could find an attorney.  In these cases, we usually have time to order the full medical record.  We can arrange our schedule to appear for the new hearings, which are usually a few months later.  We also have adequate time to give legal advice about the likely alternatives for approval.

At Social Security benefits hearings, judges are required to let all unrepresented claimants understand “on the record” (while audio recording is on) that they can postpone their first hearing to get representation.  This may not always communicated positively or clearly.

So, if you (or someone you know) cannot find an attorney before their Social Security benefits hearing, make sure they exercise their right to postpone their first hearings.  Judges will not indefintely postpone hearings — so expect one chance to postpone and look for an experienced attorney immediately.

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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