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Award Letter Issue: Current Workers Comp

Often clients who have disability claims will also have workers comp claims. When there are workers comp benefits involved, there sometimes will arise difficulties with the award letters when social security is calculating payments. Sometimes, the award letters will state that claimants are currently receiving workers comp benefits, when in reality, they have not received benefits in possibly years. Social security factor in these benefits immediately. This upsets clients, because their present benefit amounts are reduced.

In these situations, it is the payment center that intentionally processes the claims like this. If a claimant is still currently receiving workers comp, this prevents them from potentially getting overpaid. While it does not seem like it, and must be explained to the clients, this benefits the clients by preventing an overpayment. The discrepancy is fixed by providing proof that they are no longer receiving benefits through the Stipulation for Settlement and the Award on Stipulation. We then ask to re-calculate the benefits so that the claimant will get the correct amount. While this appears on the surface to be a mistake, many clients will question this and chalk it up to a mistake on SSA.

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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SSI Benefits for Children with Abdominal Migraines

Abdominal migraines are characterized by severe, sharp abdominal pain near the midline, lasting from one hour to three days, and are more common in children. Although experts have not settled on a specific cause, this condition is in the migraine family because it may have an underlying neurological or chemical origin, and may be triggered by psychological, environmental or dietary factors. A diagnosis is usually reached by ruling out other causes of abdominal pain, and treatment options include those used for migraine headaches.

Due to the difficulties in diagnosing and treating this condition, a child with abdominal migraines may experience difficulties in school and other activities for a long time without relief. If your child has had repeated episodes of abdominal pain diagnosed as abdominal migraine, consider contacting a Social Security Disability lawyer to discuss whether you and your child are eligible for Supplemental Security Income (SSI).

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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Disability Benefits for Chronic Fatigue Syndrome

If your symptoms of chronic fatigue syndrome are preventing you from working, you may be entitled to disability benefits. In early 2014, a new ruling was created that helps the Social Security Administration evaluate the severity of chronic fatigue and how it contributes to your disability. SSR 14-1p helps to clarify what evidence is needed to prove that you have this impairment, and to prove how severe it is.

Social Security must consider the following symptoms: postexertional malaise lasting more than 24 hours after activity; impaired short-term memory and concentration; sore throat; tender lymph nodes; multi-joint pain without swelling; headaches; and waking unrefreshed. Other symptoms of this condition could include muscle weakness, disturbed sleep, visual problems, dizziness and lightheadedness, heart palpitations and arrhythmias, and gastrointestinal complaints. These symptoms should be documented by your primary physician, and other conditions that cause these symptoms must be ruled out. The medical evidence from your doctor must show that the physical symptoms such as a sore throat or tender lymph nodes must have lasted for about six months consecutively.

Combined, these symptoms must have such a strong effect on you that it prevents you from working on a full-time basis for at least 12 months or more. Social Security will get information about your daily disability, meaning how your daily activities have changed, and how your disability has negatively impacted your life.

If you have other impairments, such as fibromyalgia, myofascial pain syndrome, or other conditions that co-occur with the chronic fatigue syndrome, these will be evaluated independently, but may also be considered as proof of the chronic fatigue syndrome.

If you are unable to work because of your chronic fatigue syndrome, contact your disability attorney at Hoglund Law. We can evaluate your case to help determine if your condition meets the criteria that could result in winning your disability benefits from Social Security.

 

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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New Rules for Diabetes and Disability

Many people in America have been diagnosed with diabetes, and now many people find the side effects of their diabetes is preventing them from being able to work in a full-time setting. Most of the diabetes cases the disability attorneys at Hoglund Law handle involve people with peripheral neuropathy and diabetic retinopathy, because of their diabetes. Fortunately, the Social Security Administration is aware of this epidemic and they have recently updated the way they evaluate cases involving diabetes. In June 2014, SSR 14-2p was released, which makes it easier for claimants and representatives to evaluate whether the medical conditions will find them eligible for disability.

Like any Social Security disability case, you need to prove that you are no longer able to work any full-time job due to your impairments. This means that you are either so physically or mentally limited by the symptoms of your condition that you cannot maintain working full-time, 40 hours per week or more. With this new ruling, Social Security points to some specific symptoms of diabetes. They highlight complications such as diabetic retinopathy, cardiovascular issues such as coronary artery disease or peripheral artery disease, kidney disease, and nerve damage, or neuropathy. They also consider symptoms of chronic low blood sugar, such as weakness, sweating, trembling, palpitations, and difficulty concentrating. Applying for disability with diabetes requires documentation from your physician of your blood sugar readings, of the symptoms you experience, and your medication regimen as well.

If your diabetes causes a major effect on one of your body systems, like kidney disease or neuropathy, Social Security may be able to find you disabled on the basis of the severely decreased functioning of just that body system. For example, if you are unable to walk without needing the use of a walker or crutches because of neuropathy in your feet, that may be sufficient to find you disabled. Similarly, if your diabetes has had such a severe effect on your kidneys that you require dialysis, they may find you disabled.

Social Security will evaluate what an impact your diabetes has had on your total body, and how it affects your daily functioning if they can’t find it has had a severe impact on one body system. They then determine whether the total impairments would prevent you from doing any of your previous work, and then they need to find if there is other work you would be able to do with your impairments.

If you find that the side effects interfere with your ability to work full-time, call the disability attorneys at Hoglund Law. We can evaluate your case to see if you may be eligible for disability benefits from Social Security.

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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VA benefits and Social Security

Just as Social Security has both a Social Security Disability Insurance (SSDI) program and Supplemental Security Income (SSI) program. The Veterans Administration (VA) has two programs as well. They are VA disability compensation and VA pension. Can you file from both entities you ask, yes! We will go over that and what programs can go together. As well as some of the differences between the programs that warrant mentioning.

Service-connected VA disability benefits or VA disability compensation as it is also called, is not an income base program. So it would be similar to the Social Security Disability Insurance (SSDI) program which is based on work credits (monies that you paid in while employed). So then it follows, that non- service connected VA benefits also known as VA pension is income based and would be along the same lines as the Supplemental Security Income (SSI) program of Social Security. If eligible, the best case scenario would be to qualify for SSDI and VA disability compensation as this give you the greatest monetary outcome.

Some of the differences between the two are that for the VA there are percentages of disability, where Social Security has an either you are or are not disabled approach. One of the major differences is the “treating physician rule.” Under Social Security law, once the claimant’s doctor is recognized as the treating physician, his or her medical opinion is given more weight and can be the difference between winning and losing your disability case. Whereas, under VA law the doctor’s opinion is not given more weight but instead equal weight with the rest of the evidence in the file. So under VA law, your disability is decided upon the totality of your file.

So as you can see, you would be able to file for both a VA disability benefit and a Social Security disability benefit at the same time. Along with some of the similarities and differences between the two providing entities. I would like to leave you with this thought. If you are wondering if there is a way to have better odds for success, then read on. If you have been given a high (70% or higher) VA rating, you are more likely to also be successful on your Social Security claim. Also while the VA only considers service-connected disabilities, Social Security will consider all disabilities service-connected or not. Unfortunately, if you are found disabled by Social Security first, it will not be given much weight toward your VA claim for disability.

 

 

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 Bankruptcy Trustee and what does it have to do with my Bankruptcy Case?

When you file a Chapter 7 bankruptcy, not only will you be working with an attorney, you will also work with bankruptcy trustee. While you will be working closely with your attorney throughout the whole filing process, you will not meet the trustee until the meeting of the creditors (also known as your 341 hearing).

The trustee is a third party, appointed by the United States Trustee, she herself is not a government employee. She does not represent you and she does not represent your creditors. The trustee represents the bankruptcy estate, and has several duties in doing so.

The trustee’s duties include:

  1. Conducting the meeting of creditors;
  2. Investigating your assets and claimed exemptions;
  3. Checking for fraud or inaccuracies and making objections when appropriate;
  4. Reviewing your right to a discharge;
  5. Sending any required notices related to domestic support obligations;
  6. Determining whether there any non-exempt assets to liquidate and distribute amongst your creditors;
  7. Gathering, protecting and preserving any non-exempt assets of the estate, or
  8. Ensuring statement of intention provisions are followed;
  9. If applicable, filing a report stating that no assets have been found

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 Will a Bankruptcy Affect my Credit?

People often wonder how filing for bankruptcy will affect their long term credit. Some have the misconception that a bankruptcy will ruin their chances of ever having a good credit score. While it is true that a bankruptcy will stay on a credit report for ten years it is not the end for a person’s chances at having good credit.

In the short term a person’s credit might take a drastic hit after filing for bankruptcy. This depends on the credit score at the time of filing. The higher the score before filing the further it will fall. For example a person with a score of 680 before filing could see it fall to 550 while a person with a score of 780 could fall to 560. If a score is in the 500s or lower at the time of filing there may not be much change.

After the bankruptcy a person can begin to rebuild. Having a bankruptcy on your record will be a negative mark for some potential creditors. It may take some time after filing before a person is able to get a new loan. However, many people are surprised to find they are able to get car loans and new credit cards relatively quickly. The interest rates may be high and the credit limits low, but it is a start. By being careful and paying back any new debt on time a credit score can start to rebuild. While the bankruptcy may show up on a credit report for ten years a score can be repaired within a few years. The bankruptcy is a fresh start for people looking to build a secure financial future.

Sources:

Bankruptcy timeline: Rebuilding credit

https://www.bankrate.com/finance/debt/bankruptcy-timeline-rebuilding-credit-1.aspx

How to Rebuild Your Credit After Bankruptcy—Fast

https://www.huffingtonpost.com/curtis-arnold/how-to-rebuild-your-credi_b_5790860.html

Credit Report Q&A

https://www.myfico.com/crediteducation/questions/credit_problem_comparison.aspx

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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Can my Garnished Funds be Recovered After Filing a Bankruptcy?

The short answer is yes. The long answer is yes, but it depends on the situation. If a creditor has garnished a debtor’s funds there are ways for the debtor to recover some of the money after filing bankruptcy.

Any funds taken by garnishment or levy within the 90-days prior to the bankruptcy filing can potentially be recovered. If the total amount is $600 or more a debtor can make a claim for the return of the funds. However, in a bankruptcy a debtor can only protect a certain dollar amount of their assets. If the debtor has already exceeded the amount which could be protected the garnished funds cannot be recovered. In that situation the bankruptcy court may attempt to recover the funds and then distribute them evenly to all the debtor’s creditors.

If the creditor refuses to return the garnished funds a debtor does have the option of filing a claim with the bankruptcy court. The court may compel the creditor to return the funds. However, it does cost money to file the claim so a debtor will need to weigh the cost of the claim against the amount that could potentially be recovered.

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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Can I Keep my Yearly Bonus in a Chapter 7 Bankruptcy?

Some employers give their employees yearly bonuses and holiday bonuses. If you are thinking of filing a Chapter 7 bankruptcy, there are a few things you should know if you have just received a bonus, or if you are expecting a bonus within the next year.

As a general rule, if you have received a bonus within the last six full months, the bonus may be included in calculating your income to determine whether you qualify for a Chapter 7 bankruptcy. When you file a Chapter 7 bankruptcy, the United States Trustee will average your last six full months of income to decide whether you qualify for a Chapter 7. For example, if you file for a Chapter 7 bankruptcy in July, the trustee will look at your average income from January to June. If you have received a bonus within these six months, the Trustee will include the bonus in your average income. If the bonus is a large bonus, it may affect whether you qualify.

One possible solution is to wait until your bonus falls off of the six month average before filing for bankruptcy. Suppose that you received a bonus on January 1. If you file for bankruptcy in July, this bonus will likely be included in your six-month average to determine whether you qualify (January to June). But if you wait to file until August, your January income will no longer be included to determine whether you qualify for bankruptcy, so you may have an easier time qualifying.

You should keep in mind that the Trustee can also look at any bonuses are you entitled to receive within the next year after you file for bankruptcy. Future bonuses do not factor into whether you qualify for bankruptcy, but a future bonus may be considered an asset in your case. The reason for this is that even if you have not yet received a bonus, if you are entitled to the bonus at the time you file your case, it is considered an asset in your bankruptcy. Depending upon the other assets that you own, you may be able to keep your bonus, or you may have to give up the bonus to the trustee when you do receive it. Whether you can keep your future bonus when you file for a Chapter 7 bankruptcy depends on the facts of your case. You should consult your attorney if you are expecting to receive a bonus within the next year, to determine whether you can keep your bonus.

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 Disabled Widow or Widower’s Benefits?

Disabled Widow or Widower’s Benefits is a program that allows individuals to receive Social Security Disability based upon a deceased spouse’s earnings record. This program is intended for surviving spouses that were not the main provider for the family.

Generally, to be eligible for Social Security Disability Insurance Benefits a claimant needs to have paid into Social Security and have earned enough work credits in the right quarters to have technical eligibility.   Disabled Widow or Widower’s Benefits allows claimants that normally would not be eligible on their own record, to file for Social Security Disability benefits under their deceased spouse’s earnings record. This comes up in cases where the surviving spouse acted as the stay home provider for the family.

Additionally, this program is beneficial for claimants that are eligible for Social Security Disability on their own record, but have a smaller earnings record than the deceased spouse. Essentially, the surviving spouse that is found disabled would then collect under the deceased spouse’s earnings. This allows claimants that were not the main provider of the family to receive a greater amount in benefits. This program would not be beneficial in instances where the surviving spouse was the main provider because that individual would simply file under his own record.

To receive these benefits, the surviving spouse must be found disabled within seven years of the deceased spouse’s death and be 50 years old. A surviving spouse can also collect under this program at age 60 without being found disabled.

It is important to understand that marriage can affect the eligibility for Disabled Widow or Widower’s Benefits. If the surviving spouse remarries before the age of 60, then that individual cannot collect under this program.

It is best to speak with an experienced Social Security Disability Attorney on questions regarding Disabled Widow or Widower’s Benefits.

 

Written by Hoglund Law

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

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How Bankruptcy Effects Credit Score

No ifs, ands or buts, your credit score will drop.

How low?

It depends. What does your credit score look like now? If your credit is fairly unblemished prior to filing, you can expect a large drop in your score. However, if your credit is already tarnished and full of negative items, your score may see only a slight drop. A 2010 FICO report showed that an individual starting with a credit score of 780 could drop to 540 and an individual with a 680 score could fall to 530. While these are only examples, they demonstrate that an individual with a higher score to begin with has a farther way to fall, but both individuals land in close proximity (530-540). Until you file, it is impossible to state where you will land. Your credit score may be affected more or less.

How long will the bankruptcy negatively affect your credit score?

A bankruptcy will stay on your credit report for 10 years. BUT, as time passes and positive information supplements your report, the impact becomes less and less debilitating. Further, if you are motivated to rehabilitate your credit, it can be done. Your credit score can be rebuilt in 1 – 3 years.

So how do I move on and rebuild my credit after I file for bankruptcy?

Start by verifying that your credit report is free from errors. The major credit reporting bodies are TransUnion, Equifax, and Experian. Check that your report from each of these institutions is accurate and lists your pre-bankruptcy debts as “included in BK.” From there, be sure to check back on your credit score regularly (every 4 months). Eventually, you will be able to request that the pre-bankruptcy debts be removed from your report altogether.

Next, make an honest assessment of your finances and what led you to file bankruptcy in the first place. If you fail to recognize what went wrong the first time, you will likely fall into the same pattern and end up in the same trouble as before. Once you have recognized these financial faults, weed them out and start taking action to establish positive credit.

Right after filing it will be difficult to borrow money. Why? Because you are considered a greater risk to the lender, often referred to as a subprime borrower. As a result, you will likely be offered higher interest rates and greater penalties for defaulting. On the other hand, some credit card companies may find you to be a better risk and will start sending you offers immediately after you file bankruptcy. This belief that an individual who has just filed is a good risk for credit card companies is rooted in the fact that bankruptcy law forbids individuals to receive a second discharge in a Chapter 7 bankruptcy within eight years of the first filing. Meaning: a debtor cannot rid himself of the responsibility of newly acquired credit card debt for another eight years.

Remember this: THERE IS HOPE. YOUR CREDIT IS NOT LOST FOREVER! It may take some self-assessment and discipline, but it is absolutely possible. It will be more difficult at first, but as was alluded earlier, as time passes the positive elements to your credit will increase and the “bad” will begin to dwindle.

 

 

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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SSI without a Green Card

Certain immigrants may be eligible for Supplemental Security Income (SSI), even though they have not yet obtained citizenship or a green card (lawful permanent residence).

8 U.S.C. section 1612(a)(2) provides, among other things, that the following individuals are not precluded from receiving SSI by reason of their status:

-A refugee under section 207 of the Immigration and Nationality Act [8 U.S.C. 1157];

-One who is granted asylum under section 208 of such Act [8 U.S.C. 1158];

-One whose deportation is withheld under section 243(h) of such Act [8 U.S.C. 1253] (as in effect immediately before the effective date of section 307 of division C of Public Law 104–208) or section 241(b)(3) of such Act [8 U.S.C. 1231(b)(3)] (as amended by section 305(a) of division C of Public Law 104–208);

-A Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980);

-An Amerasian immigrant pursuant to section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in section 101(e) of Public Law 100–202 and amended by the 9th proviso under migration and refugee assistance in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989, Public Law 100–461, as amended).

However, eligibility under section 1612(a)(2) only applies for the first seven years after the above status becomes effective. Social Security must notify those receiving benefits of the date that his or her 7 year period ends, and the recipient may appeal the termination of benefits.

Eligibility for SSI involves several more medical and non-medical criteria, and any applicant should explore the opportunity to enlist the help of an experienced Social Security Disability attorney. For residency status issues, an immigration attorney should be consulted.

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 Will my Employer React to my Decision to File for Bankruptcy?

While it is difficult to say whether or not an employer, current or future, will react poorly to your bankruptcy, a few things are certain: You will not be fired. You will not be demoted. You will not be punished…at least you shouldn’t be.

The United States Bankruptcy Code forbids both public and private employers from discriminating and terminating employment based solely on the fact that you filed for bankruptcy. Note however, that if you have given your employer other reasons to dismiss you, such as excessive absences or poor performance, your bankruptcy will not protect you from getting the axe.

Further, if you are searching for a new job, do not be discouraged that a bankruptcy on your record will blow your chances at getting the position you want. Not only does the Bankruptcy Code shield you from termination and discrimination in an existing job, it may protect you when seeking out future employment.

If the position you are hoping to land is with a federal, state or local government agency the law states that the employer cannot turn you away just because of your history of bankruptcy. While private employers may refuse to hire you under such circumstances, do not despair. Depending on the responsibilities of the position for which you are applying, an employer may look favorably on your decision to file.

It is true that an employer managing a position in finance, accounting or the handling of cash will take a bankruptcy seriously. Nonetheless, a bankruptcy discharge may help with positions of high security clearances or those involving valuable merchandise. Employers may be concerned with the possibility of their employees accepting bribes or stealing company goods or stealing secrets to pay off the employee’s own personal debts. That being said, a decision to file bankruptcy is often seen as a responsible and proactive decision to solve a potentially damaging situation.

All things considered, it is possible that your bankruptcy goes unnoticed by your current employer. Generally, employers only learn of an employee’s bankruptcy if his wages are being garnished, if the employer is listed as a creditor or if the employee has a Chapter 13 plan deducting payments directly from his or her paystubs.

Before coming to the conclusion that filing bankruptcy will greatly damage your career, meet with one of our attorneys to discuss why bankruptcy could potentially help your career. In fact, here are individuals whose careers were not ruined by bankruptcy:

  1. Walt Disney
  2. Burt Reynolds
  3. Abraham Lincoln
  4. Michael Vick
  5. Larry King

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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Can I get Money Garnished From me Back When I File for Bankruptcy?

For people living on a tight budget, a garnishment can be the difference between making ends meet and falling further into debt. If you are being garnished and you are considering bankruptcy, you should know that you may be able to recover money taken from you by your creditors, but the garnishment must meet certain requirements for you to get your money back.

First, the timing of the garnishment determines whether you can recover any of the money taken from you. If money was garnished from you before you file for bankruptcy, that money can only be recovered if it was taken within the immediate 90 day period before filing your case. For example, if you filed your bankruptcy case on November 1, 2014, you could recover money garnished up to 90 days before that date (August 3 to November 1). However, you could not recover any money taken earlier than that 90-day period (in our example, before August 3). Additionally, if your creditors continue to garnish any of your money after you file for bankruptcy, that money can be also recovered for you.

Second, the amount of the garnishment within the past 90 days can determine whether you can recover money taken from you by your creditors. The amount of money taken from you within the past 90 days must be $600 or more for you to be able to recover that money. If the amount taken from you is less than $600 total in the past 90 days, you will unfortunately not be able to recover that money in bankruptcy. (But, note that if your creditors continue to garnish money from you after you file for bankruptcy, any amount that they take after you file can be recovered for you).

Third, it is only worth recovering money garnished from you if you are able to protect that amount of money as an asset in your case. Whether you can protect the money you recover depends upon the value of other property that you own and that you want to protect in bankruptcy. It can be a complex question, but your bankruptcy attorney will be able to walk you through what property can be protected when you file for bankruptcy.

Finally, garnishments are only worth recovering if the garnishment is from a type of debt that can be discharged in bankruptcy. Certain debts cannot be discharged in bankruptcy (you will still owe these debts after your bankruptcy). Debts such as student loans, alimony, child support, and recent tax debt, will remain after bankruptcy. There will not be any point in recovering a garnishment for one of these types of debt, as you will still owe that debt after bankruptcy.

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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Pancreatitis and Disability

Pancreatitis, or inflammation of the pancreas, is a condition that may either be acute, having a short and severe episode, or chronic, with frequent flare-ups. The main symptoms are abdominal pain, nausea, and vomiting. Because of the pancreatitis, someone might also have unexplained weight loss, or may develop diabetes. For most people, these episodes are manageable, but for others, it may be so severe as to interfere with their daily functioning and result in a permanent disability.

The Social Security Administration (SSA) does not have specific rules or listings for pancreatitis. It is evaluated on how the symptoms from the disease affect your daily activities. Social Security Ruling 14-3p sets out guidelines to how they evaluate disorders similar to pancreatitis. First, they will consider the medical evidence that supports the diagnosis. Next, they will consider the effect your disease has on your body, and whether those symptoms meet a Listing for disability. For example, if your pancreatitis has caused you to lose weight, your weight loss may be evaluated to see if you meet Listing 5.08, and if the SSA finds your condition meets those guidelines, you may be found disabled. If they don’t find your condition meets a Listing, then they evaluate the combined effect of the condition and the effect it has on your physical activities and your limitations because of it.

Of course, a condition like pancreatitis affects everyone differently, and your symptoms may be different from others. If you have other conditions in addition to the pancreatitis, those conditions will be evaluated in a similar way for SSA to find how it affects you and your daily functioning.

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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Transferability of Job Skills

An important part of the Social Security Disability analysis arises, especially if the claimant is over 50, as to whether the person has obtained skills from his or her prior work that could transfer into an easier, less demanding job. SSR 82-41 explains the concepts of “skills” and “transferability of skills” and clarifies how these concepts are used.

Skill is defined as knowledge of a work activity which requires the exercise of significant judgment that goes beyond the carrying out of simple job duties and is acquired through performance of an occupation which is above the unskilled level (requires more than 30 days to learn). It is practical and familiar knowledge of the principles and processes of an art, science or trade, combined with the ability to apply them in practice in a proper and approved manner. This includes activities like making precise measurements, reading blueprints, and setting up and operating complex machinery. A skill gives a person a special advantage over unskilled workers in the labor market.

Transferability is defined as applying work skills which a person has demonstrated in vocationally relevant past jobs to meet the requirements of other skilled or semiskilled jobs. Transferability is distinct from the usage of skills recent learned in school which may serve as a basis for direct entry into skilled work.

SSR 82-41 also explains the difference between a “skill” and a “trait” explaining that the qualities of “alertness,” “coordination and dexterity with the use of hands or feet for the rapid performance of repetitive work tasks” are traits and not skills. “It is the acquired capacity to perform the work activities with facility (rather than the traits themselves) that gives rise to potentially transferable skills.

Finally, SSR 82-41 specifically provides that the ALJ set forth findings of fact regarding the issue of transferability of skills. SSR 82-41 states “When the issue of skills and their transferability must be decided, the adjudicator or ALJ is required to make certain findings of fact and include them in the written decision. Findings should be supported with appropriate documentation. When a finding is made that a claimant has transferable skills, the acquired work skills must be identified, and specific occupations to which the acquired work skills are transferable must be cited in the State agency’s determination or ALJ’s decision. Evidence that these specific skills or semiskilled jobs exist in significant numbers in the national economy should be included (the regulation take administrative notice only of the existence of unskilled sedentary, light, and medium jobs in the national economy).

Transferability of skills is an important part of the disability analysis and can potentially lead to a denial. It is the last step in the disability analysis to decide whether someone should be determined Disabled. Vocational expert testimony is extremely important and can seem to vary based off who is testifying. Having an experienced attorney represent you who knows the regulations and the right questions to ask during cross examination can potentially make the difference between winning or losing a claim for benefits.

Written by Hoglund Law

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

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Failure to Follow Perscribed Treatment

From time to time the issue of whether the claimant failed to follow prescribed treatment becomes the focal point. 20 CFR 404.1530 states “an individual who would otherwise be found to be under a disability, but who fails without justifiable causes to follow treatment prescribed by a treating source which the Social Security Administration determines can be expected to restore the individual’s ability to work, cannot by virtue of such ‘failure’ be found to be under a disability.” SSR 82-59 further expands on this definition declaring that the SSA may make a determination that an individual has failed to follow prescribed treatment only where all of the following conditions exist:

1. The evidence establishes that the individual’s impairment precludes engaging in any substantial gainful activity (SGA) or, in the case of a disabled widow(er) that the impairment meets or equals the Listing of Impairments in Appendix 1 of Regulations No. 4, Subpart P; and

2. The impairment has lasted or is expected to last for 12 continuous months from onset of disability or is expected to result in death; and

3. Treatment which is clearly expected to restore capacity to engage in any SGA (or gainful activity, as appropriate) has been prescribed by a treating source; and

4. The evidence of record discloses that there has been refusal to follow prescribed treatment.

A few things here are important to note. First off, the treatment must be prescribed by the treating source. The treating source must be a medical professional who attends to the claimant’s medical needs on a regular basis. Thus, a doctor the SSA sends the claimant to for a consultative examination cannot determine a claimant to be denied for failure to follow prescribed treatment. In addition, the prescribed treatment must be expected to restore the ability to work. In a recent case I had, I got the doctor to testify that even if the claimant gave up smoking, her heart and lung condition would not improve enough to restore her ability to work.

If the SSA determines the treatment was prescribed by a treating source and it would be expected to restore the ability to work, it must then give the claimant the chance to offer an explanation as to why they did not follow the prescribed treatment. The SSA’s then determines whether the given explanation was “justifiable”. SSR 82-59 provides a list of possible justifiable explanations. A few, but not all, examples include: If treatment is contrary to religious belief (with documentation of membership to the religious affiliation along with statements from the church authorities), the inability to afford prescribed treatment and there are no community resources available (all possible resources should be explored and documented by the claimant), another treating source advises against the treatment prescribed by another source, the treatment involves a high degree of risk or amputation. These are but a few examples.

Failure to follow prescribed treatment can be a devastating reason for a denial. The SSA has determined the claimant cannot work yet they get denied benefits and insurance. It is very helpful to have an experienced attorney during the lengthy process in order to advise the claimant about the proper actions to take when a doctor offers treatment as well as possible community resources available to the claimant so they can follow the prescribed treatment. At the hearing, or in a brief, it is again helpful to have an experienced attorney who has an understanding of the federal regulations in order to rebut the SSA’s denial or contemplation of denying a person for failure to follow prescribed treatment. With proper counsel and advocacy from an experienced attorney, a claimant can avoid being denied due to failure to follow prescribed treatment.

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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Utility Services and Bankruptcy

Many people who file bankruptcy are behind on their utility bills. Some are being threatened with a utility shut off in the near future. If this is the situation you are in, the good news is that filing a bankruptcy case can stop a person’s utilities from being shut off. In addition, public utilities cannot refuse to provide or cancel service because you have filed a bankruptcy case.

In a chapter 7 bankruptcy case, most types of unsecured debt will be discharged, or wiped out, through the bankruptcy. Utility bills are considered an unsecured debt, and as a result, will be discharged along with a person’s other debts.

However, this doesn’t mean that you will not have to pay utility services after you file your bankruptcy case. The bankruptcy will not discharge current or future utility bills. In addition, a utility company can require you to pay a deposit for future service. If your utilities had been disconnected, the service provider can also charge you a reconnect fee. If you fail to make utility bill payments after your bankruptcy case is filed, your utilities will eventually be shut off.

Written by Hoglund Law

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

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Things you might want to Know About a Social Security VTC Hearing

A Social Security hearing can be stressful enough, without adding pieces that you might not understand! So let’s see if we can explain what a VTC hearing is? How a VTC hearing is different than a non VTC hearing? What you need to do when you receive your VTC notice and what most people are concerned with, will it speed up how long you have to wait for a hearing?

VTC stands for video teleconferencing. It means that the Administrative Law Judge (ALJ) for your hearing will not be in the same location as you. This allows more hearing to be scheduled in your area by borrowing Judges from other areas that might not have as many hearing scheduled.

The Judge will be live on a monitor. You and your representative will be able to communicate with the Judge in real time and the Judge will be able to see what is happening at your location as well. Also any experts that are needed for your hearing, could be at either location.

You will receive a VTC letter from Social Security when you reach the hearing level of your claim. This letter is to notify you that your hearing might be done by video teleconference. The letter does not mean you will have a video teleconference hearing! If you are totally against having your hearing done by video teleconference, then you will need to complete the form that came along with the letter and return it to Social Security within the 30 day time frame. If you have a good reason for not getting it back in the 30 day time frame, Social Security may give you a 30 day extension.

By being willing to have your hearing done by video teleconference, your hearing could possibly be scheduled sooner than the National average waiting period. At this time, the National average time frame at the hearing level is 16-18 months for your hearing to be scheduled. This letter is not a guarantee that you will be scheduled sooner but, it leaves all the options open.

So as you can see, the video teleconference hearing is not must different than a regular hearing. The Judge and possibly the experts are at a different location than you and your representative. As for the letter, if you are not against a video teleconference hearing, then just put the VTC letter with the other paperwork that you received from Social Security. You only need to respond if you do not want a VTC hearing. In conclusion, by being willing to have a hearing done by VTC; you are giving yourself the most options to have your hearing scheduled sooner if it is possible. Hopefully this helps to lessen the stress due to the unknown aspects of the VTC hearing versus the non-video teleconference hearing.

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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Why Should I Complete Physical Therapy?

Physical therapy is designed to help an individual rebuild or strength their injured body part. Physical therapy is also designed to help individual decrease joint stiffness. Physical therapy may be painful in order to help individuals to get better. This article will cover reasons why individuals should complete a round of physical therapy.

One of the best reasons to complete physical therapy is because the physical therapy may increase the range of motion of a joint. This increased range of motion of a joint will help with the pain. In addition, along with increased range of motion, the individual is likely to have less stiffness.

Another reason to complete physical therapy is to learn different techniques that will help relieve pain. If an individual is having back pain, one of the techniques that physical therapy teaches you is on how to stretch the muscles. The stretching of the muscles and to what degree is all part of physical therapy. By completing the round of physical therapy, an individual will have a better understanding on what they are able and not able to do.

Another reason to complete physical therapy is to learn different ways on completing task. This is especially important on back pain. Individuals with back pain are retaught on how to lift without engaging the back muscles and instead use the legs to lift. The more an individual learns on how to lift, the less likely the individual will reinjure the back.

In conclusion, it is important to complete physical therapy. Even though the physical therapy may be painful, the usefulness of physical therapy out weights the pain. In addition, regular physical therapy gets easier for individuals and becomes less painful as time continues. In other words, the first days of physical therapy are the worst days and then it typically gets better as the stiffness leaves the joint.

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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Keeping a Seizure History or Diary

If you are filing a claim for Social Security Disability benefits based on a Seizure Disorder, the main question that arises when analyzing the claim is the frequency of seizures occurring. Some claimants will go to the Emergency Room for certain seizures, but not for every seizure that occurs. Therefore, medical records do not always tell the complete story. One thing that you can do for yourself that may have a positive impact on your claim is by keeping a seizure diary. Make sure to document the dates and times that you experienced a seizure, if the seizure was witnessed by another person, if you lost consciousness, how long the seizure lasted for, and how you felt after experiencing the seizure. Also, be sure to note how long it took for you to “recover” from the seizure (such as having to lie down and sleep for two hours). The more thorough your entries are, the more helpful your seizure diary can be. Seizure diaries, in addition to your medical records, can help clarify how often you are experiencing seizures, how often the seizures last for, and how you have felt after you experience a seizure. This can be helpful information not only for yourself, but your attorney, and ultimately an Administrative Law Judge that is deciding your case.

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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Why is a Medical Expert at my Hearing?

There is a possibility that a medical expert will be present at your hearing. This medical expert is present as a neutral expert, and will be assisting in helping the Administrative Law Judge understand the medical diagnosis and conditions outlined in your medical records. This will be a doctor that has not examined you before, and will be basing their opinions solely on the review of your medical records. This is why it is important to notify your attorney of all medical clinics and hospital visits you have had in the relevant time period at question, so that your medical records are up to date for the medical expert to review.

The medical expert will be providing testimony whether in their opinion your conditions either meet or equal Social Security’s medical criteria (“The Listings of Impairments”) for being found disabled. If the medical expert finds that you do not necessarily meet or equal a listing, the expert will identify any functional limitations that they deem necessary in a work-setting based on their review of the medical records. At the hearing your attorney will have the opportunity to cross-examine the medical expert to further determine work-related limitations.

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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Medical Debts and Bankruptcy

Overwhelmed with medical debt? If you have incurred medical debt due to illness or having medical procedures without insurance, a Chapter 7 bankruptcy can help you get rid of your debt. Many people are mistaken in thinking they are only able to file bankruptcy on consumer debts such as credit cards or unsecured loans, but medical debts are also included in bankruptcy.

Medical debts can be tantamount to credit card debt for a lot of people and many hospitals and clinics pursue these debts vigorously.In Minnesota, hospitals and clinics are able to collect medical debt from both spouses even if the debt is only incurred by one spouse, which can create issues if your family members have medical issues. Bankruptcy can help you avoid harassment, lawsuits and garnishments and bank levies on behalf of hospitals and clinics.

Many times, people suffering from illnesses or medical debts will be out of work and unable to keep up with their hospital bills and regular living expenses. Hoglund law can help! Please schedule a free consultation with one of our experience bankruptcy attorneys to discuss how we can help you through a medical bankruptcy.

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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Stopping Lawsuits, Garnishments and Bank Levies

When a person doesn’t earn enough money to cover his or her expenses, life can be stressful enough. Unfortunately, this financial stress can become overwhelming when one or more of an individual’s creditors threaten to take legal action to collect money from a debtor.

For example, credit card companies and medical providers often bring civil lawsuits against debtors who do not pay their bills. Once a creditor obtains a judgment against a debtor, the creditor can begin garnishing the debtor’s wages or seizing money the debtor has in his or her bank accounts. This can have serious negative consequences for some debtors, who may not be able to afford to put food on the table or pay their monthly rent if all of the money in their bank account is suddenly seized.

Fortunately, bankruptcy can offer relief for people who are being threatened with lawsuits, garnishments or bank levies by creditors. Once a person files a bankruptcy petition, an automatic stay goes into effect. The automatic stay prohibits creditors from taking any further action to collect debts from the petitioner for the duration of the bankruptcy proceeding. As a result, creditors must immediately stop from garnishing a person’s wages or seizing his or her bank accounts.

In addition to stopping wage garnishments and bank levies, the automatic stay can benefit debtors in many other ways, such as by delaying evictions or utility shut-offs, stopping repossessions and can even be used to prevent a home foreclosure in certain circumstances. If you have questions about whether the automatic stay could help you, contact a local bankruptcy attorney.

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 Consultative Examinations. What is the Purpose?

When you filed a claim for Social Security Disability did you think that you might have to see one of Social Security’s doctors? Well many people have asked just that question and have been surprised by the array of answers that have come from this simple question. I will address the reasons that you might be asked to go to a consultative exam. Just a side note, Social Security Consultative exams (CE) come in two flavors. The physical CE and the psychological CE.

Some people have asked, why they would need to see a Social Security doctor if Social Security already has their medical records. Does that mean that they do not believe my doctor? Usually if they have asked you to go to a physical consultative exam, it is more than likely that they needed further medical assistance in making a decision on your claim. It could be that the medical records were not clear enough to make a decision. You can help here! By letting your doctor know at each visit what is still ailing you. Along with what has gotten better or worse pertaining to your disabilities. Like painting a picture of your disability, if you will. It is not that Social Security does not believe your doctor, it has more to do with the medical records they received from your doctor not being a clear picture of the disability you have claimed.

Another question that arises often when it comes to Consultative Exams is why a claimant might be asked to go to a Psychological CE when the disabilities they are claiming are all physical? Some of the reasons that Social Security psychological CE may be requested of the claimant are if one of the medications you are currently taking is usually prescribed for a psychological ailment. Or if you have memory issues, have suffered a traumatic brain injury (TBI), or if there is mention in your medical records that you suffer from anxiety. This is not a complete list of reasons for a psychological exam to be requested of you but, you can get an idea of why it might happen to you.

If you have wondered if you must to go to this exam and if so, who is paying for it? The answer to the first part is that it is in your best interest to go to the exams that Social Security requests you to attend and if Social Security has requested that you go, then they will be picking up the tab for the exam. It should also be noted that, just because you have gone an exam that Social Security requested you still need to continue treatment with your own doctors throughout the Social Security process. The Social Security doctors are for further clarification of your disabilities. Where your doctor’s are for continuous treatment of those disabilities.

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 Should my Doctor Know About my Social Security Disability Case?

There are certain things that your doctor(s) can do to help possibly facilitate a better outcome in your Social Security disability case. Here are a few suggestions as to what you need to do make sure your doctor knows how to better assist you with your claim. Social Security is looking for certain information within your medical records and on the forms or statements that your doctor fills out on your behalf.
In Social Security’s eyes, your doctor needs to document your functional limitations in your medical records. These records will be the most important evidence in your case. Having it writing as to what you can and cannot do is very important. So your part is to be honest as to what has changed with your disabilities and how it affects your daily life, even if it seems to you to be no big deal. The little changes can add up. Social Security is looking for your doctor’s assessment of how you can do basic tasks. If your doctor is a specialist in his or her field and is willing to fill out a Residual Functional Capacity form (RFC) that might add weight to your medical records.
Your doctor(s) may also write a medical statement letter on your behalf discussing your disabilities. You can have more than one doctor write a medical statement for you. If your doctors are reluctant to assist you in your claim, find out why and try to address their concerns. There might be a good reason why you doctor(s) might not be willing to write something on your behalf.
You have a part in how Social Security looks at your claim as well. You need to be compliant with what your doctor suggests you to do in the treatment of your disabilities. If you are non-compliant or just do not seek medical help for your impairments then, Social Security might believe that you are not credible and your claim could be in jeopardy. So following the doctor’s orders is better for your claim in the long run.
So, both you and your doctors have things that you can do to give your claim the best chance of a positive outcome. Your doctor(s) can fill out the Residual Functional Capacity RFC form or write a medical statement letter. Most important, is your doctors need to be thorough when documenting your disabilities and how they have changed your daily living abilities, and what you might no longer be able to do in your medical records. You can best assist your claim by following the doctor’s orders and/or seeking ongoing medical treatment for your disabilities if you are not treating.

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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Why Does The Judge Care If I Have Children

The vast majority of social security disability cases are awarded or denied by the Administrative Law Judge (ALJ) reviewing and then determining if the claimant is credible. This is especially true if the medical impairments alleged by the claimant do not meet or equal the severity required by the Social Security Administration (SSA). Unfortunately, the ALJ is the first person in the social security disability process that actually meets the claimant to access their credibility and determine if the claimant is unable to work. Therefore, the average claimant waits two to three for an informal Administrative Hearing with the ALJ. As discussed above, the ALJ has to decide if he or she believes the claimant can work or not. For this reason, almost all judges at the Administrative Hearing will ask the claimant if they have children. The ALJ ask if the claimant has children for the following reasons:

• Being a stay at home parent can be difficult. Children require meal preparation and possible transportation to and from school. Additionally, younger children have to dressed, bathed, and changed. Children need to be picked up and watched throughout the day. The responsibilities of taking care of children is very similar to full-time work. The ALJ wants to understand why you cannot work. If you are taking care of your children without any help, the ALJ might think you can work.

• The ALJ will want to know what sort of help the mother or father are receiving for taking care of their children. This is especially true for single parents. So do not be surprised if the ALJ asks you this question. The ALJ is just assuming that if the mother or father cannot work then they are unable to take care of their children solely on their own. If you have friends, family members or neighbors come over to help you with your children make sure you tell the ALJ.

• The ALJ wants to know if the claimant had any children since the claimant applied for disability or since the claimant alleges they become unable to work. Again, the ALJ is trying to determine credibility and if the claimant cannot work. If the claimant states that they cannot work and then has a child in the process of applying for disability benefits it could create suspicion to the ALJ that the claimant is not credible. This is true because the average person is not going to have a child when they know that they cannot work and pay for the care of the child.

• The ALJ is also concerned with how being pregnant affects the claimant’s ability to take prescribed medications. For example, some medications cannot be taken when the mother is pregnant. However, the SSA reviews and determines if the claimant can work with proper medical treatment and when the claimant is taking all prescribed medications. Therefore, the ALJ may believe that a pregnant mother could work if she was able to take all of her medications on a regular basis.

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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I suffer from Toxic Megacolon. Can I get Social Security Benefits?

As with any condition or disability, the answer is, it depends. Each condition and situation is different and so the severity, treatment, and complicating factors compared to the rules of Social Security are how your eligibility is defined.

Toxic Megacolon is a complication of inflammatory bowel disease. Inflammatory bowel disease can include ulcerative colitis or Crohn’s disease or other infections of the colon. Toxic Megacolon is different from other kinds of megacolon like pseudo-obstruction, acute colonic ileus, or congenital colonic dilation because they occur without infection or inflammation.

The best way to prevent toxic megacolon is by treating the diseases that causes the inflammation (colitis or Crohn’s). If the diseases are not treated regularly with medication and medical observation, complications may develop including dilation of the colon. You may develop abdominal pain, distention, or tenderness along with fever, rapid heart rate, or shock.

Toxic Megacolon is evaluated for Social Security Benefits under the Listings for the corresponding Inflammatory Bowel diseases which cause the complication, 5.00 Digestive System – Adult, 5.06 Inflammatory bowel disease (IBD). https://www.ssa.gov/disability/professionals/bluebook/5.00-Digestive-Adult.htm

To determine eligibility for Social Security, you must have medical documentation to support your claim. For this condition, this includes endoscopy, biopsy, medical imaging, or surgical findings which show you have had an obstruction requiring hospitalization or surgery two times in six months. The events must have been 60 days apart at a minimum. Otherwise, if you have not had surgeries or hospitalizations, two of the following within the same consecutive 6-month period:

B. Two of the following despite continuing treatment as prescribed and occurring within the same consecutive 6-month period:

  • Anemia
  • Low serum albumin
  • Clinically documented tender abdominal mass palpable on physical examination with pain or cramping not controlled by prescribed narcotic pain medications
  • Perineal disease with a draining abscess or fistula, with pain that is not completely controlled by prescribed narcotic medication
  • Involuntary weight loss of at least 10 percent from baseline
  • Need for supplemental daily enteral nutrition via a gastrostomy or daily parenteral nutrition via a central venous catheter.

Taken together this information will be used to evaluate the severity of your condition. If it is found that you meet the listing, you must also show that you meet the non-medical requirements for Social Security benefits. If you meet both the medical and non-medical requirements for Social Security, you may be eligible for benefits. For further information call our office or go to the Social Security Administration’s website at SSA.gov.

Please call our office at 855-513-4357 for a free evaluation and speak with one of our experienced Social Security Attorneys.

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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Who is Responsible for Obtaining Evidence for Your Hearing?

Have you ever wondered what you are going to use to prove that you are disabled?

Evidence for your disability claim is gathered at each level of your claim. The party that is responsible to collect your evidence changes as you claim moves through the Social Security Disability process.

The evidence that you use for your disability claim mostly comes from the doctors that you see for your disability by way of your medical records. Sometimes if you have a favorable doctor, an assessment form can be sent to him or her to fill out on your behalf. There are assessment forms for either mental or physical disabilities. It should be known, that some medical facilities do not allow their doctors to fill out forms. If your facility is one of these don’t worry, your disability attorney will use your medical records to prove your disability. Even with a form, your attorney needs to back up that form with medical documentation (i.e. Medical records). So see the medical records are the key to proving your disability.

As was mentioned earlier, each time your claim is denied whether it be at the initial or reconsideration levels, your evidence should be updated with any new evidence that became available since the last denial. For the initial and reconsideration levels, the Social Security Administration is the responsible party that should be retrieving any medical documentation that you have made them aware of since the last denial. If you have an attorney, keeping them up to date on the medical facilities you are going to along with proper addresses and phone numbers for them, will make getting the information to Social Security much more efficient. Social Security will send out the request for information based on what you and/or your attorney gives them but, might not follow up if information is not correct.

So it is in your best interest to have proper addresses and phone numbers for the places that you get treatment for your disabilities. I always suggest that the client gets a business card from the places that they treat and to put the first treatment date on the card as well. This will give them a timeline to use throughout the Social Security process. When you reach the hearing level if you have an attorney, it becomes that attorney’s responsibility to get all new medical documentation for your claim. It is still your responsibility to keep your attorney up to date with where you are treating for your disability. If you do not have an attorney, then the gathering of medical evidence fall on you when you reach the hearing level of your claim.

So as you can see, your medical records are your main source of evidence for your Social Security Disability claim. Also that at the initial and reconsideration levels, Social Security is responsible to gather your medical evidence for you. But, once you get to the hearing level, either you or your attorney if you have one takes over the retrieval of your medical evidence. This is your claim and you are the person affected when things do not go as planned. So be an active part in your claim, by updating the treating sources as necessary with proper addresses and phone numbers so, that your medical documents can be easily gathered for review by either Social Security or your attorney. This will give you the best chance at a positive outcome to your claim.

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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Importance of Tracking All Relevant Medical Information

This blog post is in reference to another conversation that I had with a colleague after a hearing.  Prior to the hearing his paralegals had updated with a client what they thought was the “all inclusive” relevant medical information.  The phone call had lasted for roughly 45 minutes, and the client had assured the paralegals that they had given the attorney’s office the names of all of their clinics, hospitals, and other medical facilities that they had treated at.  The amount of sources seemed light, but the client assured her that those were the only places he had visited.

The day before the hearing the client and their attorney started talking about the treating sources and everything that was updated by the paralegal seemed to mesh.

On the day of the hearing they had the same conversation and according to the client all medical sources had been updated.

Then the testimony of the client began.  They suddenly had an epiphany and remembered 3 clinics that they had visited, including an MRI procedure!  The Administrative Law Judge was not impressed at all.  Specifically, he assumed that the attorney had not fulfilled their responsibility and threatened to file a board complaint if the updated records did not get submitted.  Thankfully the ALJ gave the attorney 30 days to get the records into his office and proceeded with the hearing.

The biggest loser on the day was not the attorney, but the client.  In a conversation afterward, the client admitted that he couldn’t remember the names of the facilities that he had treated at and assumed that this information would be have been included in his other information.  HE WAS WRONG.  Had he come clean and worked through the problem with the paralegal and/or his attorney the file would have been complete and a decision could have possibly been made in his case.  He had an ALJ with an extremely high approval rate (approximately 65%) and a tendency to want to make decisions in a “Bench Decision” format.  Now, he is stuck waiting 30 days for the Judge to make up his mind AND the possible 3-4 months it takes for a ALJ’s assistant to write a decision in the regular format.

The point of the story is this:  Clients, please keep track of all of your medical treating sources.  The more information you have about the facility, doctor’s name, tests performed, etc. the more information your attorney will request.  ALJ’s are forced to make decisions when all information (good and bad) is present.  Do yourself a favor and help your attorney do it right the first time.

-Written by an Attorney at Hoglund Law

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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