Boost in Minimum Wage for Some States

Eight States which include Arizona, Colorado, Florida, Montana, Ohio, Oregon, Vermont, and Washington all raised the minimum wage to keep pace with inflation.  The increase in these States ranged between 28 and 37 cents per hour and will take affect January 1.  More than 1.4 million low-income earners will see their wages go up on New Year’s Day.  While the Federal minimum wage is at $7.25 an hour, workers in Washington State will earn a minimum of $9.04 thanks to their recent wage increase.  18 States total, including Washington, D.C., have rates above the federal level.

The wage increase in the aforementioned states will result in an extra $582 to $770 a year for full-time workers.  The non-profit advocacy group, National Employment Law Project contends that the minimum wage increases will act as a mini-boost to the economy.  The expected increase in wages will result in an increase in those wages being spent, which is projected to add $366 million to the nation’s gross domestic product.  The National Employment Law Project also projects that the minimum wage increases also will result in a creation of more than 3,000 full-time jobs.

Paul Sonn, legal co-director at NELP states, “Increasing minimum wage is a key form of local stimulus.”  The increase in wages will put money back into the pockets of low-income families who will then spend that money at the local businesses.  Paul Sonn also believes that the eight states that are raising their minimum wage on January 1 are protecting themselves in case Congress can’t reach an agreement to extend the payroll tax break beyond February.  He believes that the boost in incomes for individuals living in those eight states will more than offset the loss that could come from the inability of Congress to extend the payroll tax break.

 

Source:

Blake Ellis, Minimum wage increases for workers in eight states, https://money.cnn.com/2011/12/23/news/economy/minimum_wage_increases/index.htm?iid=Popular (accessed 12/27/11)

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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Mixed Feelings on the Current Housing Market

Some economic experts and analysts contend that there is little chance for a housing recovery.  That extremely pessimistic outlook is not based on feelings, but upon solid economic data.  The year of 2011 was a sad story for the housing market.  The market saw record low 30-year mortgage rates with few people taking advantage of the rates to buy new homes.  The New Year is likely to bring much of the same.  Doug Duncan, vice president and chief economist at Fannie Mae, contends that there might be a slight uptick in houses sold but the home prices likely will be down.  This means that although more houses will be sold in 2012, the total amount of money spent on purchases is likely to be the same as in 2011.

Despite the fact that the Federal Reserve has pledged to keep rates low through 2013, many content that because of the high unemployment and the historically low home prices, there will be no recovery of the housing market for the foreseeable future.  Last year saw a total of $1.3 trillion in home lending, which is down from $1.7 trillion in 2010 and $3.3 trillion in 2005.  Another disturbing figure is the fact that much of the $1.3 trillion in home lending last year did not result in new home purchases.  Approximately 4 out of 5 mortgage applications were for refinancing current mortgages.  Borrowers were taking advantage of the historically low rates, which averaged less than 4%, not to purchase new houses, but to refinance their current homes.

Not all analysts predict such doom and gloom for the housing market.  Others are optimistic about the future of the market.  Former top economics advisor to the White House and Wells Fargo & Co., Sung Won Sohn states, “Housing has hit the bottom and has begun to heal slowly.”  The events that have taken place over the past few years have “set the stage for a rebound” as Sung contends.  Whether or not we are to see a recovery in the near future most would contend that given the extreme damage that was inflicted on the housing market any form of recovery is likely to be slow.

 

Source:

E. Scott Reckard, Low mortgage rates likely to continue through 2012, experts say, https://www.latimes.com/business/la-fi-mortgage-rates-20120103,0,2240865.story (accessed 12/4/12)

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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An Alternative Treatment for Arthritis

A procedure known as platelet rich plasma, or PRP injections, are being used to alleviate arthritis and other joint pain.  Avivia Gianetti is an active golfer who is in her late 50s.  However, soreness and pain running down her arms left her unable to play her favorite sport.  Not keen on the idea of surgery, her doctor suggested a new procedure known as PRP.  The procedure allows the patient to be relieved of pain without having to go under the knife.  In the procedure, the patient’s own plasma, a natural nutrient found in blood, is separated from the blood cells and injected into the damaged joints.  The PRP injection helps repair damaged cartilage and joints.

Notable athletes such as Kobe Bryant and Matt Forte have been using PRP to alleviate joint pain; however, baby boomers may want to take advantage of this alternative to surgery as well.  Due to the aging baby boomer population joint replacements are rapidly growing.  Knee replacement surgeries have doubled over the past decade.  Although many experts contend that PRP injections are not a proven substitute for surgery, they may be a good option for some.  Dr. Jazrawi states, “This is certainly, potentially one treatment option that may be utilized, but it’s not the magic bullet.”

Dr. Jazrawi uses the PRP injections most often in the treatment of chronic arthritis.  Patients are able to schedule a quick visit with Dr. Jazrawi to receive the injections.  And more often than not, one quick injection in Dr. Jazrawi’s office will allow a patient to get right back to their active lifestyle.  Dr. Jazrawi notes that PRP should not be the first-line of treatment.  Instead, he suggests that patients maintain an active and healthy lifestyle with dieting and exercise.  There is always a risk in applying new technology, and Dr. Jazrawi asserts that he does not want to apply this new technology in a haphazard manner.

 

Source:

Lara Salahi, Cutting Edge: Joint Injections Heal Baby Boomer Arthritis, https://abcnews.go.com/Health/Wellness/cutting-edge-joint-injections-heal-baby-boomer-arthritis/story?id=15214643 (accessed 12/22/2011)

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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Historic Low for Mortgage Rates

In the 40-year history of Freddie Mac’s Primary Mortgage Market Survey, interest rates on a 30-year fixed-rate loan is the lowest it has ever been.  Just in time for the holidays, the mortgage rate on a 30-year mortgage is now 3.94%.  Mortgage rates have been falling over the entire year, and since the beginning of the year, the rate has fallen .9%.  Frank Nothaft, Freddie’s chief economist notes the decrease in rates over the year results in a savings of $1,200 a year for a homeowner with a $200,000 mortgage.

These low rates are resulting in an increase in home sales, which is a good sign for the economy.  This past month saw the greatest new home sales since January.  Senior financial analyst at Bankrate.com, Greg McBride, contends that mortgage rates should remain low for much of 2012.  “For well-qualified buyers, interest rates should be no impediment to home buying in 2012,” said McBride.

Existing homeowners are taking advantage of these historic rates by refinancing their old loans into more affordable ones.  Nearly 80% of all mortgage applications last week came from existing homeowners.  McBride expects that lenders will ease up on borrowing requirements only slightly.  Some lenders are starting to require only a 720 credit score, where previously a 740 credit score was required for the best mortgage rates.  These baby steps will, however, help more people gain access to these historic rates.

 

Source:

Les Christie, Mortgage rates hit another record low, https://money.cnn.com/2011/12/22/real_estate/mortgage_rates/index.htm?iid=HP_LN (accessed 12/22/2011)

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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Dispute over whether Scottie Pippen filed for bankruptcy

Former Chicago Bulls star, Scottie Pippen, most notably known for his time playing alongside Michael Jordan in the Bulls six NBA championships, has filed a multimillion-dollar federal lawsuit Tuesday, December 13, 2011.  The lawsuit claims that several websites and media outlets falsely accused Scottie Pippen of filing for bankruptcy.  CNBC.com was among one of the many news outlets that reported Scottie Pippen’s alleged bankruptcy filing.  CNBC.com had listen Pippen in one of the “15 Athletes Gone Bankrupt.”  The article went on to mention that Pippen had lost $120 million in career earnings, including a $4 million corporate jet.

Scottie Pippen contends that all the reports about his bankruptcy are completely false and still has “substantial net worth, which has not been less than approximately $40 million in the last 10 years.”  The federal lawsuit names Comcast Corp., General Electric Co. and CBS Corp, among others.  The lawsuit contains three claims including negligence, false light and defamation.  The suit seeks approximately $9 million in damages.

 

Source:

Allison Horton, Scottie Pippen files suit against those who said he filed for bankruptcy, https://www.suntimes.com/sports/basketball/bulls/9426888-579/scottie-pippen-files-suit-against-those-who-said-he-filed-for-bankruptcy.html (accessed 12/13/2011)

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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Beating Type 2 diabetes may be just that simple

In an astounding study presented at Chicago’s Radiological Society of North America, a team from the Leiden University Medical Center found that Type 2 diabetes can be eliminated in patients in just four months.  What is the cure for Type 2 diabetes?  The answer to that question is simpler than you might think.  A low-calorie diet has shown effectively to cure Type 2 diabetes in just four months.

The Leiden University Medical Center in the Netherlands conducted a study that included seven men and eight women with Type 2 diabetes.  Each subject consumed just 500 calories a day for four months.  At the end of the study, the low-calorie diet effectively eliminated insulin dependence and reduced the amounts of dangerous fats around the heart in all 15 of the patients.  “It is striking to see how a relatively simple intervention of a very low-calorie diet effectively cures Type 2 diabetes,” said lead researcher Sebastian Hammer.

This extreme dieting may have long lasting effects as well.  In a similar study conducted by Newcastle University in the United Kingdom, many patients in the study remained disease free even several months after completing the program and returning to a normal diet.  Although the results of these tests are very promising, doctors warn that this type of therapy is not for everyone, and patients should consult with their doctors before beginning this type of reduced-calorie diet.

 

Source:

Yahoo! News, Reduced-calorie diet could beat diabetes in four months, https://news.yahoo.com/reduced-calorie-diet-could-beat-diabetes-four-months-164141607.html (accessed 12/6/2011)

 

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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Mixed Reviews in light of Social Security Administration’s Changes

Earlier in the year, the Social Security Administration in Baltimore decided to implement changes in the federal disability benefits program to reduce the straining backlog of applications.  The Social Security Administration implemented new medical examination policies, which Social Security Administration spokesman Mark Hinkle contends, “decisions are timelier… but this does not mean we are sacrificing quality for speed.”  However, some doctors have criticized some of the new policies.

New policies resulted in a vast increase in the number of people receiving benefits.  Doctors have been working harder and faster to meet the Social Security Administrations new standards.  The new policy resulted in a pay cut for doctors unless they were able to work faster to get through more cases.  Additionally doctors were required to stray farther from their areas of expertise.  As a result of the policy change, 45 of the 140 doctors working in the Baltimore offices either quit or were fired.

After implementation of the new procedures in Baltimore, eye doctors were assigned back-pain cases, dermatologists reviewed strokes, and gastroenterologists reviewed cases of deafness.  Although doctors receive extensive training in a broad range of cases, some of doctors have not examined certain medical issues in years.  As a result, Dr. Novin notes that some people who shouldn’t be getting benefits are getting it, and some people who should be getting it aren’t getting it.  Dr. Novan, the former chief of surgery at Baltimore’s Harbor Hospital contends that he was fired because he was pressured by a supervisor to change his medical opinion and award benefits when he did not believe the person was prevented from working.

The Social Security Administration previously has tried to improve the medical screening process; however, little success has resulted.  The Social Security Disability program certainly has not been an easy program to fix.  The agency is under extreme political pressure to reduce the backlog of cases, but at the same time, the changes in medical procedures is creating problems of its own.  Whatever, the final consensus is in Baltimore will surely affect the program in the rest of the country.  Many consider the Baltimore the flagship office of the Social Security Disability program.

Source:

Damian Paletta, Doctor Revolt Shakes Disability Program, https://online.wsj.com/article/SB10001424052970204621904577016221945984492.html (accessed11/22/2011)

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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Sometimes Income Taxes Are Dischargeable In a Bankruptcy

As a general rule taxes are nondischargeable in a bankruptcy. However, in some circumstances, income taxes can be discharged in a bankruptcy. In order for income taxes to be eligible for a discharge in a bankruptcy, the taxes must have been filed for at least two years and the taxes must have been due and owing for at least three. For example, 2007 taxes became due and owing in 2008 and they can therefore be discharged after April 15th in 2011 assuming that they were filed on time in 2008. There are some qualifications to this. If certain events have occurred during the three year period, the taxes will not be discharged. For example, an assessment will cause the waiting period to be extended. There are a variety of other tolling events. It is best to get a professional opinion regarding the dischargeability of taxes before assuming that a bankruptcy will wipe out the obligation.

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 card use is making a comeback

Consumer spending over the last three quarters of 2011 has shown a reversion to credit card use over debit card.  Silvio Tavares, senior vice president at First Data, which processes card transactions for 4.1 million merchants, notes that “Consumers have spent the last couple of years de-leveraging and reducing credit card use, but the past month — and since April — they’ve been using their credit cards more and are starting to return to pre-recession buying.”  The first quarter of 2011 saw an 8.2% increase in credit card use, followed by a 9% increase in the second quarter and a 10.6% increase in the third quarter.  On the other hand, debit card use increased by 9.6%, 8.3%, and 5.9% in quarters one, two and three respectively.  On black Friday alone, credit card use jumped 7.4% from the same day a year ago.

A major contributing factor to the rise in credit card use is that the banks are encouraging consumers to switch from debit to credit.  Credit card use is more profitable and cost effective for banks compared to debit/checking accounts.  To get consumers to make the switch, credit card mailings have increase 85% since early 2010, and many of these credit card offers come with new perks such as rewards points, miles, or cash rebates.  The number of credit cards offering such perks has increased over the past two years from 6 out of 10 of the credit card offers in 2009 to 8 out of 10 credit card offers today.

Analysts believe that an increase in credit card offers will continue to intensify as debit cards become less cost-effective for banks.  Banks have started to raise checking account fees and charge debit card usage fees, all of which is part of the attempt to get consumers to switch to credit cards.  Although consumers will not be charged with the same usage fees on their credit cards, Bill Hardekopf, CEO of LowCards.com warns consumers to pay off their balance each month because the interest payments will be much greater than any new debit card fee.

 

Source:

Blake Ellis, Credit card use is on the rise, https://money.cnn.com/2011/12/05/pf/credit_card_use/index.htm?iid=SF_PF_LN (accessed 12/7/11)

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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Denny Hecker may have hidden assets

While the once large auto business network owner Denny Hecker serves out his 10-year sentence in the Duluth Federal Prison Camp, bankruptcy trustee Randy Seaver is on the search for hidden assets.  Randy Seaver, assigned trustee in handling the bankruptcy estate of Denny Hecker, believes that there are hidden assets and the persons may have been aiding and abetting Hecker while he in prison.  To begin his search, Seaver has asked for permission to question several people close to Hecker and his wife Christi Rowan-Hecker.

David Leibowitz, a bankruptcy expert from Chicago believes this is a bit of a fishing expedition on Seaver’s part, but contends, “Seaver obviously feels there’s a fish in the water here.”  Leibowitz goes on the mention that this activity is consistent with the aggressive manner in which Seaver has handled the case.  Seaver has sought to speak with Hecker’s second wife Sandra Hecker, Hecker’s former lawyer John Neve, as well as and Barbara Tourville, George Johnson, and Molly Jensen, all of whom have allegedly put money in Hecker’s prison accounts and have been assisting him in business and financial matters.

Rowan-Hecker, who married Denny via telephone back in March, recently was released from a federal prison in Illinois to a halfway house in Minneapolis where she will finish out her 14-month sentence for bankruptcy fraud.  This is a typical procedure for inmates nearing the end of their sentence to be transferred to a halfway house for the last one to six months of their sentence.  During this time at the halfway house, Rowan-Hecker will be assisted in finding a job and helping her return to society.

 

Source:

MaryJo Webster, Hecker trustee seeks hidden assets; Rowan released to Minnesota halfway house, https://www.twincities.com/business/ci_19489778 (accessed 12/9/2011)

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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President Obama’s Health Care Legislation has a date with the Supreme Court

In March of 2010, President Obama signed into law the Affordable Care Act.  The Affordable Care Act is the highly controversial health care reform law. This Act is said to be one of the signature accomplishments of the President.  Since the Act was signed into law, 26 states have filed suit in federal courts around the nation challenging the constitutionality of the Act.

That big-ticket provision of the Act that is being challenged is the “individual mandate” that requires nearly all Americans to purchase a minimum level of health insurance.  The Supreme Court recently agreed to hear two major questions: 1) whether the “individual mandate” provision is unconstitutional; and 2) whether the entire law must be invalidated due to the centerpiece provision which is the “individual mandate.”

Both advocates and adversaries of the Act have serious concerns regarding the constitutionality of this Act.  The federal government reported that last year approximately 45 million Americans were without health insurance.  As a result of uninsured Americans, the federal government sites $43 billion in uncompensated medical costs.  On the other side of the aisle, arguments have been made that the health care law has not lived up to its promises and actually is creating a substantial burden on small businesses.  Opponents of the Act also contend that the Affordable Care Act unconstitutionally reduces individual freedoms.

The Supreme Court will begin to hear oral arguments in late February or March, and a ruling is expected by June.  The result undoubtedly will influence the political debates in this presidential election year.

 

Source:

Bill Mears, Supreme Court takes up challenge to health care reform law, https://articles.cnn.com/2011-11-14/politics/politics_health-care_1_oral-arguments-health-care-reform-law-affordable-care-act?_s=PM:POLITICS (accessed 11/15/2011)

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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Nigh shift workers are at greater risk for Type 2 diabetes

In a two decade long study, 177,184 women between the ages of 42 and 67 were followed as part of the Nurse’s Health Study.  One of the remarkable findings of the study was the increased likelihood of developing type-2 diabetes as the result of periodic night shift work.  Nurses who worked periodic night shifts for three years or less were 20% more likely to develop type-2 diabetes than those who only worked days.   Those who worked periodic night shifts for at least 20 years were at even greater risk for developing type-2 diabetes at the rate of 60% more likely than those who only worked days.

Doctor Frank Hu, a professor of nutrition and epidemiology at the Harvard School of Public Health notes that although the increased risk is not huge, it is still substantial enough considering one-fifth of the workforce has some rotating night shift work.  The increased risk is not attributable solely to the hours you work but may result from the side affects that are associated with periodic night shift work.  Doctor Hu contends, “Irregular work hours tend to disrupt the body’s circadian rhythms (also known as the “body clock”), which play a critical role in maintaining healthy blood-sugar metabolism and energy balance.”  This internal clock influences our ability to metabolize certain foods at certain times.  Thus if you go on a late night raid of the refrigerator, the enzymes needed to turn high-fat foods into energy may not be alert enough to handle the barrage, and result in those calories ending up as fat rather than fuel.

David Earnest, Ph.D., states that, “In the past 25 years, we’ve focused a lot on lifestyle issues such as maintaining a healthy diet and avoiding a sedentary lifestyle. But regardless of whether you’re a shift worker or not, that may not be enough to avoid these health issues.”  The study is not conclusive as to how much night shift work affects the risk of type-2 diabetes, but there is considerable evidence that periodic night shift work shows some increased risk of type-2 diabetes.  There are a combination of factors at play including family history, diet, weight, smoking, and exercise.  Now periodic night shift work may be another factor to add to that list.

 

 

Source:

Amanda Gardner, Night shift work may raise diabetes risk, https://www.cnn.com/2011/12/06/health/night-shifts-diabetes-link/index.html?hpt=hp_t2 (accessed 12/8/2011)

Nigh shift workers are at greater risk for Type 2 diabetes

In a two decade long study, 177,184 women between the ages of 42 and 67 were followed as part of the Nurse’s Health Study.  One of the remarkable findings of the study was the increased likelihood of developing type-2 diabetes as the result of periodic night shift work.  Nurses who worked periodic night shifts for three years or less were 20% more likely to develop type-2 diabetes than those who only worked days.   Those who worked periodic night shifts for at least 20 years were at even greater risk for developing type-2 diabetes at the rate of 60% more likely than those who only worked days.

Doctor Frank Hu, a professor of nutrition and epidemiology at the Harvard School of Public Health notes that although the increased risk is not huge, it is still substantial enough considering one-fifth of the workforce has some rotating night shift work.  The increased risk is not attributable solely to the hours you work but may result from the side affects that are associated with periodic night shift work.  Doctor Hu contends, “Irregular work hours tend to disrupt the body’s circadian rhythms (also known as the “body clock”), which play a critical role in maintaining healthy blood-sugar metabolism and energy balance.”  This internal clock influences our ability to metabolize certain foods at certain times.  Thus if you go on a late night raid of the refrigerator, the enzymes needed to turn high-fat foods into energy may not be alert enough to handle the barrage, and result in those calories ending up as fat rather than fuel.

David Earnest, Ph.D., states that, “In the past 25 years, we’ve focused a lot on lifestyle issues such as maintaining a healthy diet and avoiding a sedentary lifestyle. But regardless of whether you’re a shift worker or not, that may not be enough to avoid these health issues.”  The study is not conclusive as to how much night shift work affects the risk of type-2 diabetes, but there is considerable evidence that periodic night shift work shows some increased risk of type-2 diabetes.  There are a combination of factors at play including family history, diet, weight, smoking, and exercise.  Now periodic night shift work may be another factor to add to that list.

 

 

Source:

Amanda Gardner, Night shift work may raise diabetes risk, https://www.cnn.com/2011/12/06/health/night-shifts-diabetes-link/index.html?hpt=hp_t2 (accessed 12/8/2011)

 

 

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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Student Loans may be the “Good” Kind of Debt

Although most people would like to have zero debt compared to much debt, student loan debt may not be as bad as other kinds.  With low interest rates and flexible payment options, Carolyn Bigda from the Chicago Tribune contends that student loans tend to be more forgiving than other types of debt.  However, the primary focus should not be what debt people should get into, but rather, consider saving before paying off loans.

On average 65 percent of students who attend a four-year private college and 56 percent of students who attend public universities end up raking in $28,100 and $22,000 in student loan debt respectively.  A recent graduate may be concerned with paying off that debt as soon as possible.  Doing just that may not be the best idea.  Saving more of your income compared to paying off student loans may be the wiser decision depending on a person’s future goals.  For example, if you would like to buy a home, purchase a car, or take a vacation once in awhile, having savings will help pay for these things without increasing total debt.  If there are no savings available to pay for these goals, financing them is the only other option, which ends up leading to greater debt.

While completely neglecting student loan debt is not an attractive option either, there are ways to save money and pay off that debt.  Private loans may be refinanced, and if the interest rates are still burdensome, targeting private loans first may be advisable.  In the case of federal loans, student loans may be consolidated and interest rates could be reduced as much as .5 percent.  Also new rules announced in October would result in a waiver of any remaining balance if after 20 years of repayment a student loan balance still exists.

Depending on ones circumstances and financial situation, it may be wise to consider saving over paying off student loan debt.  College graduates Philip Taylor and his wife, Teresa did just that.  They held off a bit on paying back their student loans, they saved, and were able to purchase a house, pay off their credit card balances, and start funding a retirement account.  When all was said and done, they had enough saving to pay back a huge chunk of their student loans.

 

Source:

Carolyn Bigda, Consider saving before paying off student loans, https://www.chicagotribune.com/business/yourmoney/sc-cons-1117-started-20111118,0,6457015.story (accessed 11/18/2011)

 

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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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?

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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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The United State’s 18 Largest Banks are In Trouble Again

The Federal Housing Finance Agency is bringing suit against the United State’s 18 largest banks.  This suit stems from the banks sale of $200 billion in toxic mortgage-backed securities to Fannie Mae and Freddie Mac.  The FHFA claims that the banks overstated the value of the mortgaged homes and the number of the homes that were owner-occupied.  Defendants in this case include notable financial giants such as: Bank of America, J.P. Morgan Chase, and Goldman Sachs.

The media has been reporting that the suit is valued upwards of $200 billion; however, the FHFA contests this figure and suggests that the suit seeks only the actual loss in value of the securities, which would result in a more modest figure of $40 billion.  Despite this discrepancy in value, this suit is among many other legal burdens that these banks face.  Attorney generals from all 50 states have sought in total $20 billion in redress resulting from the alleged foreclosure-related abuses.

Legal experts weighing in on this case note that Fannie and Freddie’s actual losses may not be sourced from the banks misstatements but rather from a change in market conditions.  One expert went on to say that if the banks successfully can argue that the losses were due not from misrepresentations but from the burst of the housing bubble, they should have a good chance at winning the case.

 

Source:

Roger Parloff, Uncle Sam’s new crusade against banks, https://finance.fortune.cnn.com/2011/11/08/fannie-freddie-lawsuit-banks/?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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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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Is the Social Security Disability Program Facing Insolvency?

Is the Social Security Disability Program Facing Insolvency?

Over the past few years, Social Security’s disability program has seen an increase in applications, largely due to the loss of almost 7 million jobs in the economy. Applications for Social Security generally increase when the economy is bad, because many disabled people lose their jobs and are unable to find work. In 2011, Social Security is expecting 3.3 million applicants for disability benefits. The number of applications has increased 50% in the last ten years. The increased number of applicants has added to Social Security’s backlog of cases, and many applicants wait at least two years before their case is decided.

New estimates predict that the Social Security disability trust fund will be depleted by 2017. This means the disability program will not be able to pay beneficiaries their full benefits in 2017, unless Congress takes action. Social Security trustees are recommending that Congress reallocate money from the Social Security retirement program to the disability program. However, diverting money from the retirement program would only be a short-term solution and would hurt the retirement program.

Congress will likely have to make improvements to the Social Security disability program. Lawmakers are particularly concerned about overpayments. In 2010, Social Security disability beneficiaries received $1.4 billion in overpayments. Most of these payments went to people who started working and should not have qualified for the payments. Under the debt reduction plan that became law in early August, Congress can increase Social Security’s budget by $4 billion over the next ten years. The increased budget will provide resources for Social Security to identify beneficiaries who no longer qualify for benefits. Congress is also concerned about the lengthy application process for legitimately disabled applicants.

Source:

Stephen Ohlemacher, Social Security Disability on Verge of Insolvency, https://m.apnews.mobi/ap/db_6776/contentdetail.htm?contentguid=pDMRHiaX (accessed August 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 Bankruptcies Decrease in July

Consumer Bankruptcies Decrease in July

According to the American Bankruptcy Institute, consumer bankruptcy filings in July were down 18% from July 2010. Nationally, 113,470 consumer bankruptcies were filed in July of this year. In July 2010, 137,698 consumer bankruptcies were filed. The decrease in July continues the downward trend in bankruptcy filings in 2011. The number of filings in July represents the seventh straight month in which bankruptcy filings were lower than 2010 filings.  July consumer bankruptcy filings were also down 5% from the number filed in June of this year.

Samuel J. Gerdano, the Executive Director of the American Bankruptcy Institute, has said that “the continued decline in consumer bankruptcies in tandem with a sluggish economy is a reflection of the deleveraging of household debts and tightening of consumer credit over the past year.” Total consumer bankruptcy filings for 2011 are expected to be lower than the number filed in 2010.

 

Source:

July Consumer Bankruptcy Filings Fall 18 Percent From Last Year, https://www.abiworld.org/AM/Template.cfm?Section=Home&CONTENTID=64221&TEMPLATE=/CM/ContentDisplay.cfm (accessed August 9, 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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Consequences Of Not Paying Credit Card Bills

Consequences Of Not Paying Credit Card Bills

  • Cardholders can contact the credit card company first if they know they will be late making payments. Companies are more likely to work out a payment plan if contacted by the cardholder. Additionally, cardholders should not ignore calls from creditors. It is a good idea to explain the situation and negotiate a payment plan.
  • 60 days delinquent: Credit card companies will pass the account to a collections department. Collection will become more aggressive and the lender will report the delinquency to a credit reporting company, if they have not already done so. Cardholder will likely have to pay a penalty, but may still be able to negotiate a payment plan.
  • 90 days delinquent: Credit card company will likely close the account and become even more aggressive in pursuing collection. Late fees and interest will accumulate. Cardholder can agree to a payment plan to restore the account.
  • Charge-off status: Credit card company will write the debt off as uncollectible, report status to credit reporting company, and may sell the account to a debt collector. Cardholder can negotiate a payment plan or settlement. If possible, it may be more beneficial to negotiate with original creditor. The settlement should be in writing and settle the account in full.
  • Court: The credit card company or debt collector can sue to collect the debt. If they win, a judgment could allow them to garnish wages or seize assets to cover the debt. Cardholders should appear in court if sued, otherwise the creditor will win by default.

 

 

Source:

Janna Herron, What If You Stop Paying Your Credit Cards?, https://today.msnbc.msn.com/id/43690720/ns/today-money/ (accessed July 31, 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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Submitting Evidence After Social Security Hearing


Video Transcription:

Hi my name is Andrew Kinney and I’m a Social Security attorney at Hoglund Law offices.  Today I wanted to talk about submitting evidence after your social security hearing.

Social security has hearings for people who are applying for disability insurance and supplemental security income.  First, there is an application, in most cases a reconsideration stage, and then a hearing.  The hearing is with a federal administrative law judge that looks at your medical records and decides your case based on that your testimony and other factors.

The subject today is unique because most times you should get your medical evidence in before your social security hearing, not after.  But sometimes you don’t have a choice.  Usually, what I see if we get involved in a social security claim and someone is unrepresented is that all the evidence was not to the judge on time.  Usually, when that happens we’re helping at the level after the appeals counsel level.  So we’re submitting evidence that should have been available before the hearing way too late, I would argue.  In social security claims its important all along the way to make sure social security has all the updated medical records at all the stages I talked about.  But what is particularly important, at least by when  your hearing is scheduled, is that you do a final push and get all the updated records from all the medical sources so that they’re available at the hearing.

In the situation at hand here, when I’m talking about submitting records after the hearing, one of challenges is that at some point after the hearing the judge will have a written decision.  The date of that written decision will be the last day the judge will look at this stuff for now.  You have an unknown deadline after a hearing to submit medical evidence.  What do you do about it?  Well, if you have an attorney with you at the hearing the attorney should ask to hold a record open. Typically, we ask the judge “Don’t make a decision your honor until we can get these specific records.”  Generally, judges have a deadline for that.  Now if you don’t have that agreement then you really don’t know if you’ll have time to get updated medical evidence.  So a backup option, particularly if you’re unrepresented is to call your hearing office after the hearing and talk to the assistant to the judge and ask can the judge not make a decision because there was some evidence that I forgot.

The basic idea here is you can get evidence in after a hearing at least according to the current law, but it’s not ideal in fact by any stretch of the imagination. You should at all cost try to get evidence in before.   If you do submit records after your hearing your attorney should submit a brief if at all possible explaining why these record are relevant in fact. Also it should be explained why they’re relevant and that the judge should look at them when the judge may have made a decision in the case but has not committed it to writing.  If you have more questions about Social Security benefits, applying for social security, or in the case of here, how should I handle my evidence in my social security claim well be happy to talk with you.  You can call 1-800-850-7867.  You can also go online at www.HoglundLaw.com and look up these sorts of issues.  Hopefully this helped today.  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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Over 50? Why Age Matters In A Social Security Disability Claim?


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 why age matters in social security claims.

We help many, many people.  Some are younger some are older.  Social Security Law treats older people differently, specifically people over 50.  Why does that matter?  Well the standards change at age 50.  Some people call it a grid, but Social Security calls it a medical vocational guideline.  What does that mean?  When you’re trying to prove you’re unable to work, you are left confronting the social security process. It’s very, very important to know what the standards are.

What would allow you to be approved?  If you’re over 50 and you have physical problems that require you to sit-down or do sedentary work, that may allow you an automatic approval with certain criteria met.  If you can’t return to your past relevant work, or what you used to do the last 15 years, there’s another video on past relevant work specifically.  So if you’re under 50  you maybe approved for Social Security benefits. But, if you’re over 50 or will soon be over 50 you could take advantage of the easier guidelines to be approved.

Now you don’t have to be limited to sedentary work only if you’re over 55 you might be limited to light level work, and social security has definitions of what light means, but you’re limited to certain physical kinds of work and you can’t return to your past work you might be able to be approved to social security easier. So, it’s good to know how your age matters.

If you have more questions about Social Security law, grids in particular feel free to go to our website at www.HoglundLaw.com.  You can also call us at 1-800-850-7867 if you think you might want to have a lawyer help you.  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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Top 5 Things To Know About Your SS Hearing


Video Transcription:

Hi, my name is Andrew Kinney.  I practice Social Security Law at Hoglund Law offices.  Today I wanted to talk about the 5 top things you need to know about your Social Security hearing.

Number one:  Why do you have a Social Security hearing?  Well at the Social Security process you have an application, reconsideration, and then you get to a hearing.  The hearing is different than the prior 2 stages because at the hearing you get to talk to the decision maker.  Who is the decision maker?  A judge.  You talk directly to a judge about your medical problems. The hearing itself can be an informal process. It’s a private conference room in which you can explain your situation and your day-to-day limits to someone.

The next thing you know: Two.  Who is at the hearing?  There’s the judge that I mentioned, you’re certainly there, it would be good to have an attorney there to cross-examine the experts.  There’s always, almost always I should say, a vocational expert.  Sometimes there is a medical expert either a psychologist or a medical doctor.  And finally there is a hearing monitor.  That hearing monitor makes sure a hearing goes smoothly.  There can be your family members sitting in back.  Keep in mind that I’m giving general ideas.

The third thing you need to know about your social security hearing is what happens at it? As I mentioned you’re giving testimony at the hearing.  You’re talking to the judge under oath about why you can’t work and specifically how you’re limited.  The medical records tell the judge what’s wrong with you. But, you’re saying well here’s how much I can lift, here’s how much I can carry, here’s how much I can walk, here’s how my depression affects my daily life, here’s how many anxiety attacks I have per month, or per week. There are many reasons people can’t work. The medical reasons involve functional limitations.  Keep in mind these is a video on what’s called an RFC about that topic.

The fourth thing you need to know about your hearing, how long is it?  Well that’s easy.  Generally hearings are between a half hour and an hour.  Now, that can vary as well.  In the hearing there is at least one expert, the vocational expert. The judge will ask you questions, then your attorney will ask you questions. Then the judge turns to at least the vocational expert ask questions and your attorney follows up with that as well.  The attorney should give a closing argument.  Hearings last about an hour, but different judges have different styles, and these judges are federal judges and whatever style they have its their hearing.  Just make sure you ask your attorney what’s this judge like?  An experienced attorney will let you know if they ask questions and maybe you need to ask what they mean again.  What’s important is that there is a personality to each of these judges and what’s important for your attorney to do is explain what the judge is like so it helps you have fewer questions at the hearing.

Finally, the fifth thing that you need to know about your hearing is when you get a decision.  I get this question a lot, usually before the hearing.  Sometimes it’s the cart before the horse because you need to get the hearing done first but it’s good to know what happens next.  Generally decisions are made between 2 and 4 months after the decision is in writing but there are exceptions to that, some judges use what’s called bench decisions. That would mean that you would get a decision from the judge, on the record at the hearing. Generally those are always favorable decisions.  But, ultimately you get a decision in writing after the hearing.  And if you have an expectation you can always be surprised if these is a decision that comes sooner.

Hopefully these 5 things you need to know about your Social Security hearing was helpful.  If you have more information about what to expect at a Social Security hearing, I happen to write a guide called a client’s guide to Social Security hearings.  You can just look at the search with those as search terms.  Look under client guide to social security hearings and hopefully you see the Hoglund law guide that shows a step-by-step more detailed than this video.

If you have more questions about just wanting help with your Social Security claim, about applying or appealing were happy to talk with you, you can call us at 1-800-850-7867, the number on our screen.  If there is any way we can help you we want to.  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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