What Does it Really Mean to be Approved for Social Security Disability Benefits?

Q & A with 20+ year Social Security Disability Attorney Andrew Kinney

Q: What does it really mean to be approved for Social Security Disability benefits?

A: The media and some political leadership would have us believe that people are clamoring to live off government benefits. While there are freeloaders in all sectors (including the two above-mentioned groups), I want to offer you a more accurate portrait from someone who has sat with thousands of disabled people.

Almost all the people our law offices has represented for Social Security benefits (upwards of 50,000 at last count) would rather work. For many, applying for benefits is a failure. A failure to themselves, their families, and a failure in life. To even apply for benefits can a miserable recognition that everything they hoped for and dreamed to do is gone. Not such a pretty picture so far, now, is it?

Social Security Disability benefits do not nearly pay as well as working. And Social Security’s failure to hire sufficient numbers of judges has caused clients to lose their homes, families, everything—including dignity. Some tell me they must accept welfare, having vowed to never do so in their “working” lives. Personal philosophy doesn’t do a damn to heal their wounds or pay their bills.

The real way to understand what I have described above is to sit and talk with some of those who are applying. Perhaps sift through a few hundred pages of their medical records. And really listen before coming to conclusions. With any experience, you will recognize that disabled people are not statistics in government publications, they are not props in committee meetings with prepared minutes. These are real people who need benefits for very real reasons despite working very hard with doctors to get better. They aren’t freeloaders.

Go ahead. Call your disabled neighbor, close friend, family member, or (God forbid someday) yourself a freeloader. See how far that gets you. Then, take actual time to understand the people who rely on the disability program. Many, many people are in real need.
Listen to me here. When you truly understand real suffering, you know it doesn’t lie.

Andrew Kinney, Esq., 11/30/15


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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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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