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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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Social Security Disability and Cystic Fibrosis

Recently, I represented a 10-year-old girl diagnosed with cystic fibrosis. According to the Mayo Clinic, cystic fibrosis is a “life-threatening disorder that causes severe damage to the lungs and digestive system…it affects the cells that produce the mucus, sweat, and digestive juices.”1 My client battled with breathing, producing phlegm, maintaining her weight, and staying healthy among other symptoms. In addition, she requires numerous daily breathing treatments that take her out of the classroom and away from her studies. Her condition and symptoms could result in her being found disabled.

In my client’s claim, and in all claims, Social Security will look at the medical evidence to determine the impairments and the severity of the impairments. There are three arguments that could be made for my client: one, she meet’s listing 103.04 (Cystic Fibrosis Listing), which is that she meets the very specific criteria to be approved; two, that is she is markedly impaired under at least two of six domains; or three, she is extremely impaired in one domain.

Since my client’s medical evidence did not support the required evidence of a listing, we argued that she marked in two domains. Specifically, we argued she was marked in domains two: attending and completing tasks and six: health and physical well-being. In domain two, the child is out of the classroom three times a day receiving breathing treatments. In addition, whenever she has an breathing attack and required further treatment she again is outside the classroom; this occurs at least one or two more times a week. The client is unable to participate in any physical activities and is not learning in those settings. She is continually falling behind in her school work due to nurse visits, not being able to participate, and absences. In domain six, this child had numerous visits to the school nurse, she has been to the emergency room countless times, had pneumonia in the last six months and in the period of her filing date had three hospitalizations. The doctors were concerned with her ability to thrive and grow. The medical records did strongly reflect this child’s struggle with her health.

Due to the severity cystic fibrosis has on a child’s life, seeking disability is warranted.

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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Psychogenic Non-epileptic Seizures (PNES) or Psuedo-seizures

Often times, patients or clients are misdiagnosed with seizures, when really they are experiencing manifestations of psychological distress. Epileptic seizures are caused by abnormal brain electrical charges. The PNES attacks look a lot like epileptic seizures. Patients suffering from PNES attacks may experience seizure like activity:

* Convulsions

* Falling

* Shaking

* Temporary loss of attention

* Staring

Physicians often become suspect of the possible misdiagnosis when frequency, duration, triggers, and movements are unusual in comparison to the neurological examinations. It is important to note that EEGs (electroencephalograms) are helpful in diagnosing epilepsy but they often come back normal even in patients with proven epilepsy. The most reliable way to test for PNES is to do an EEG with video monitoring. Through analysis of the video and EEG recording, analysis can be made with near certainty.

PNES or pseudo-seizures are a type of Somatoform Disorder called Conversion Disorder. After patients are diagnosed, they should be referred to a psychiatrist for continuing care. PNES is treatable and should not be concerned about the stigma that comes with mental illness.

The most important thing with anyone applying for Social Security Benefits with this (or any) condition is well documented treatment. If you are not sure if you suffer from PNES or physical epilepsy, continue to treat for epilepsy but seek help from a mental health professional. Talk to your doctor about your concerns. Document any seizure like activity in a seizure diary. Track when the episodes happen, how often, and what symptoms or activities occur in this diary. Treating with specialists, using a seizure diary, and following any recommended treatment plans by your doctors, are all important steps in proving your disability claim.

We can help you with these questions and more. Please contact us at Hoglund, Chwialkowski, and Mrozik law office to discuss your Social Security Claim possibilities further.

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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How Does my Social Security Attorney Prepare me for my Hearing?

So, you have a hearing in the near future for Social Security Benefits and you wonder, what your attorney will do to prepare you for this big event. We at Hoglund Law office, understand the importance of having an attorney at your hearing and making sure you make the most of the event that you have been waiting so long for. I can’t promise that attorneys outside of our office will do the same, I wish they did so all clients had the best representation, but I will explain how our attorneys prepare our clients.

In the months leading up to the hearing, our staff conduct periodic updates of your medical treatment so we can gather all the relevant medical information to have for the judge. We have a team of paralegals and attorneys working on every case, so no one attorney’s case load becomes overwhelming or unmanageable. This system of representation also allows us to make sure there is always a prepared attorney at your hearing. A hearing attorney will be assigned to your case in the months leading up to the hearing as well.

In the final weeks and days before your hearing, your hearing attorney will review all the medical records gathered about your case. We will look for the best possible case for you. After the attorney has reviewed your information thoroughly, the attorney will call you to prepare you for your hearing. This usually happens in the last few days before the hearing. This phone call serves as a reminder of your hearing and an opportunity for you to ask questions about the hearing. The attorney will explain where the hearing is, how to get there if you don’t know, who the judge is and what to expect the day of the hearing. We remind our clients to be to the hearing location one hour before the hearing we can meet in person and discuss the case more thoroughly. The attorney will also have questions for you about your medical information and your case history that are important for your case. The attorney will also explain who will be at the hearing besides the judge and what to expect from those witnesses. There will be a hearing monitor, a vocational expert, and in some cases a medical expert.

They day of the hearing, the attorney will meet you at the hearing location. The attorney will go cover what kinds of questions the judge is likely to ask and what is important and not important to the case. The attorney will ask you if there is any information you brought that you want to share and will remind you of hearing office policies. If at any time you have question about your case or what to do in the hearing, you should ask.

It is important to remember that the hearing in front of the Administrative Law Judge is your chance for Social Security to meet you and evaluate your case in person. You want to be prepared and calm. The attorney will do the same. If you have a hearing coming up that you have questions about, please call our office at 855-513-4357 or do a free evaluation of your case. We want to help you with your upcoming hearing for Social Security Benefits.

Written by Hoglund Law

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

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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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Social Security Disability & Credibility

For every Social Security Disability claim the Social Security Administration (SSA) must determine how credible or believable the claimant is regarding their limitations. The credibility analysis is a very important part in a Disability claim because; face it, if the SSA believes the claimant to be fully credible then they should almost always consider the claimant to be disabled. In making a credibility determination about a claimant’s statements the SSA is supposed to refer to Social Security Ruling 96-7p.

The provisions as reflected in this SSR as well as the Code of Federal Regulations provide that an individual’s symptoms, including pain, will be determined to diminish the individual’s capacity for basic work activities to the extent that the individual’s alleged functional limitations and restrictions due to symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence in the case record. In addition, symptoms may not be disregarded solely because they are not substantiated by objective medical evidence. The absence of objective medical evidence is only one factor that the adjudicator must consider in assessing an individual’s credibility. Moreover, SSR 97-6p provides that merely because an individual’s statements are not credible is not by itself sufficient to establish that an individual is not disabled.

SSR 96-7p also recognizes that a claimant’s persistent efforts to obtain relief from his or her pain or other symptoms serve to enhance his or her credibility. Therefore, a longitudinal medical record with consistent subjective complaints and effort to reduce pain or other symptoms should serve only to aid a claimant in his or her effort to obtain Disability Benefits.

Regarding SSR 96-7p, there are numerous factors the adjudicator must take into account. Must is important language for any analysis of statutory law. This is not something the adjudicator has a choice in doing. The adjudicator must making a finding as to the claimant’s underlying impairment and then consider whether said impairment could reasonably be expected to produce the claimant’s symptoms. The adjudicator must consider lay evidence in assessing the residual functional capacity. The adjudicator must specifically consider the side effects from the claimant’s medications. The adjudicator must not only consider the claimant’s allegations of pain, but detail specific reasons for his or her credibility finding in their decision. Failure to obtain treatment must be considered in the context of all the evidence, an adjudicator “must not draw any inferences about an individual’s symptoms and their functional effects from a failure to seek or pursue regular medical treatment” without first considering the evidence of record which may explain “infrequent or irregular medical visits or failure to seek medical treatment.”

As a practitioner, I have seen on numerous occasions where the lower levels (DDS) will find a claimant full credible then deny his or her claim even though the claimant’s statement make it obvious that, if believed, he or she should be considered disabled. In addition, language from hearing decisions will often state “statements concerning the intensity, persistence, and limiting effects” of his symptoms were “not credible to the extent they are inconsistent with” the judge’s assessment of his residual functional capacity—is meaningless boilerplate seen frequently in decisions from ALJs. The 7th Circuit has repeatedly criticized this template as unhelpful and explained that it backwardly “implies that the ability to work is determined first and is then used to determine the claimant’s credibility.”

This information is very important for disability claims and unfortunately adjudicators continue to either disregard or misuse SSR 96-7p. Credibility determinations are extremely important in Social Security Disability claims and a proper application of SSR 96-7p can make the difference between winning or losing a disability claim. Having an experienced attorney who knows how to make the correct legal arguments and put forth the best claim possible as well as rebut or enforce the proper application of SSR 96-7p is extremely important for any Social Security Disability 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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Discharging Tax Debt in your Chapter 7 Bankrutpcy

People filing for chapter 7 bankruptcy protection often wonder whether or not their income tax debts will be discharged. The good news is tax debts are dischargeable if certain criteria are met.

First, if you want to discharge your tax debt you must have filed returns for the years you owe. Second, the returns were filed at least two years prior to your bankruptcy filing date. Third, the returns in question were due at least three years before you file. Fourth, the IRS or State has not assessed your tax liability within 240 days before the filing. Finally, you did not willfully attempt to evade paying taxes.

However, other types of tax liabilities have different rules. Property taxes are not discharged during Chapter 7 Bankruptcy unless they became due more than a year before your file for bankruptcy. Further, debts incurred to pay taxes cannot be discharged. For example, if you use a credit card to pay your taxes you will have to pay back the creditor who issued the card even if all your other debt is discharged. Finally you may be wondering if tax obligations are dischargeable if you filed late tax returns. The answer is it depends. For a long time the IRS would not allow any taxes owed on late returns to be discharged. However, now the IRS only applies this no-discharge rule to late returns if they were filed within two years prior to your bankruptcy filing.

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 are Exemptions in Bankruptcy?

There is a myth that filing for bankruptcy means you have to give up your assets. This is simply not true. Bankruptcy law lays out specific exemptions which are used to protect your assets when you file for bankruptcy. (Federal exemptions are found in 11 U.S.C. § 522). In your petition you need to list all of your assets. These are all part of the “estate” and become property of the trustee. Exemptions are used to pull your property of the estate and protect it as yours. There are both federal and state exemptions and each state varies. When filing you can either choose one or the other, you cannot mix and match. There are also rules as to which state’s laws you are allowed to use based on where you live. Your attorney will usually be the one to choose what is best for your circumstances. In general, federal exemptions cover more items because of the “wildcard exemption.” Most exemptions are for specific items, but the wildcard can be used on any property up to $12,725 (depending on the amount of equity in your home).

The most common reason to use Minnesota exemptions, specifically, is if you have a home with a lot of equity. Minnesota has a large homestead exemption to protect your home, which is one of the most important assets to people and the most important to protect. If you need to use Minnesota’s exemptions, you may end up with “non-exempt” property. This means that you are not able to protect it and it will become part of your estate for the trustee. The most common non-exempt items are tax refunds and bank account balances. If you have a few non-exempt items it is not something to worry too much about. In most cases a tax refund is small in comparison with the amount of debt being discharged. Just because an item is “non-exempt” doesn’t mean you will lose it. You can pay the trustee to keep it, essentially buying it back from the trustee. Please consult an attorney, as the exemption laws are very technical and may result in loss of property if they are not used correctly.

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 Does a Vocational Expert Do?

When you are filing a claim for Social Security Disability, you are alleging that you cannot work because of your health impairments. Not only do you have to prove that you have impairments that limit your functioning, but you also have to prove that you are so limited by those impairments that you cannot work any job in the national economy.

When you actually get in front of an Administrative Law Judge, part of your hearing will include testimony from a Vocational Expert. This is someone hired by Social Security as an independent contractor, and they will provide testimony only relating to your ability to work, and whether or not there are jobs in the economy that hypothetically you could do. Some claimants feel the Vocational Expert is on the side of the Law Judge, but they are a neutral party. In close cases, the Vocational Expert’s testimony can weigh heavily in favor of approval.

The Vocational Expert classifies your prior work to help the Law Judge understand how physically or mentally demanding your previous jobs were. They may also take into consideration any accommodations you received, or if your job varied from the typical description. For example, typically a job of a cashier may require sitting for most of the day, and lifting from 10-20 pounds, but they will adjust their information to the Law Judge if at the cashier job you performed, you were on your feet all day, it required walking for more than half the day, and you would regularly lift 50-100 pounds. This information, coupled with your testimony on your functional limitations, can help the Law Judge decide whether you are physically able to return to your prior work.

Sometimes the expert will present certain jobs that fit in with the criteria the Law Judge gives. These are usually examples of jobs, with estimates of how many of those jobs are available in the city, state, region, or nationally. They are not telling you to go out and get these jobs – they are used as an example. So it’s not necessarily harming your case if the expert presents different occupations available.

Your disability attorney can help you prepare for your hearing with a vocational expert by reviewing your past work with you, and how specifically you cannot do the jobs you used to hold. This will help the attorney pose specific questions to the expert to make your case stronger, and help convince the Law Judge that you are unable to work, and thus finding you disabled under Social Security’s rules.

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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Where can I file Bankruptcy?

Figuring out where you can file bankruptcy may seem like a straightforward question.  For most people the state that you currently live in is where your bankruptcy will be filed.  However, if you have recently moved or if you plan to move in the near future, there is more analysis involved.

Bankruptcy laws specify that a debtor’s bankruptcy petition must be filed in the state where the debtor has lived for the majority of the prior 180 days.  Once you move to a new state you must live there for 91 days before you can file bankruptcy there.  This also means that you could move to a new state but still file bankruptcy in your old state for up to 90 days.

The choice of where to file bankruptcy may seem like a simple decision initially but it could have a huge impact on the protection of your assets.  Bankruptcy laws vary from state to state.  Some states only allow debtors to use federal bankruptcy rules for protecting their property.  Other states require debtors to use that state’s specific bankruptcy rules for protecting their property.  Some states, including Minnesota, allow debtors to choose between using federal bankruptcy rules or state rules for protecting their property.

Please call our office at (651) 628-9929 to speak with one of our bankruptcy attorneys at a free consultation.  We have many convenient locations throughout the state of Minnesota.  We would be happy to meet with you in the Twin Cities, Duluth, Rochester, St. Cloud, or Mankato.

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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Detroit’s Bankruptcy

On July 18, with more than $18 billion in debt, Detroit became the largest U.S. city to file bankruptcy.  They filed under Chapter 9 of the U.S. Bankruptcy Code, which is reserved for municipalities such as cities and towns.  In order to file for Chapter 9 bankruptcy, Detroit needed to prove to a judge that the state of Michigan gave them the approval to file, show that they are unable to pay bills, and prove that the city “negotiated in good faith with creditors.”  The process of filing bankruptcy for this case could take anywhere from months to years depending on whether or not creditors are willing to “agree to concessions ahead of time and the bankruptcy judge decides to expedite the case.”

While waiting out this process, there are a couple of things you may want to know that could impact the individuals of Detroit.  Being as there are more than 23, 000 retirees within the city, the topic of pensions has been at large.  Although a slight possibility, it is not likely that retirees will lose their pensions; however, they could see a reduction in the amount paid per month.  Retirees’ pensions may be protected during this process, but their health care insurance may not be; under Chapter 9, retirees could lose their benefit plans.

Along with side effects that affect individuals, there are outcomes that will affect the city as a whole. If the city so chooses to, they may sell any assets that they own in an attempt to reduce debt; such items could include artwork form the Detroit Institute of Arts.  However, they cannot be forced to take this action.  Another thing to note is that just because the city is filing for bankruptcy, it doesn’t mean that all of their debt will be erased.  Filing for Chapter 9 bankruptcy will only give the city “power to negotiate a debt-reduction deal that could be forced upon bondholders and creditors that previously refused to accept concessions.”  This deal will include a plan to help stabilize their finances and get the city back on track.  However, this plan cannot be put into action until it is “approved by more than half of the creditors in each creditor class and by creditors representing at least two-thirds of the total claims.”  Once this occurs, the city can begin its slow process in reviving its current financial situation.

 

Work Cited

Nathan Bomey. “What to know: How Detroit bankruptcy could unfold.” Detroit Free Press Business. https://www.freep.com/article/20130613/NEWS01/306130030/Detroit-Chapter-9-bankruptcy-Kevyn-Orr.

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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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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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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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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