Newsletter Archives - Dempsey, Dempsey & Hilts P.C.

Disability Newsletter – Winter 2024

Mon, 06 Jan 2025 18:50:33 GMT

We Got an Award! Dempsey, Dempsey and Hilts received an award from the group, Social Security Disability Leadership. We were recognized as one of the top 500 firms in the nation. In fact, according to the Social Security Administration, we are 305th in the nation for 2022 in number of Social Security Disability and SSI cases we handle.

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Doctor’s Letters

Fri, 22 Sep 2023 20:58:00 GMT

It is rather common for a client to come in with a letter from their health care provider. Frequently these people have filed their own applications for Social Security benefits and submitted this letter with their application. They are bewildered and crestfallen when they are turned down by the Social Security Administration. If they haven’t done their own application, we must be the one to tell them that the SSA won’t give much weight to the letter they have.

The first point I want to make is to thank the healthcare providers who have cared enough to write these letters. We know just enough about healthcare management to understand the pressure you have on your time. But your letter needs to do more than just say you don’t think your patient can work with their health problems.

Just recently we had a client come in with severe diabetic neuropathy. The client’s doctor had written a to-whom-it-may concern letter that stated, “his diabetic neuropathy is so severe he cannot work.” As sincere as the doctor was in writing this, the Social Security Administration will give it no consideration whatsoever.

If you want to help your patients in this situation, take a few moments to describe the limitations the patient has. It doesn’t have to be anything fancy, but if you can write a short paragraph describing limitations the patient has arising from his or her condition, it would be very valuable indeed.

The factors that the Social Security Administration considers in neuropathy cases affecting hands are: reaching, handling, fingering, feeling, pushing and pulling with upper extremities. With feet, the issues would be standing, walking, and pushing/pulling with the lower extremities. If the healthcare doctor had just set forth some simple, common-sense limitations this letter would have been very effective.

Here is an example:

To Whom it May Concern:

I have treated Ms. Smith for her diabetic neuropathy for five years. In my opinion she is unable to work. She cannot use her hands to finger, feel, or manipulate objects. She cannot push or pull with her arms and hands without pain. Because of the neuropathy in her feet, she couldn’t stand or walk more than a few minutes at a time, certainly less than two hours a day. Because her problems wax and wane, she would have days when she could not even perform at this level. Signed

MD/DO/APN/PA

This simple letter would take very little time to prepare. You don’t need a Residual Functional Capacity assessment. Just use the same skills you use in diagnosis. You certainly understand the real-world impacts of your patients’ illnesses and injuries.

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Social Security Disability Expose in the Washington Post

Wed, 26 Jul 2023 22:33:00 GMT

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Disability Newsletter – Winter 2023

Mon, 06 Mar 2023 15:22:00 GMT

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Disability Newsletter – Summer 2022

Tue, 30 Aug 2022 20:16:00 GMT

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Disability Newsletter – Winter 2022

Mon, 10 Jan 2022 16:18:00 GMT

Good News on the Appellate Front – A significant change has occurred with a new administration. We are seeing a significant number of the U.S. Attorneys agreeing to remand cases we appeal to the U.S. Federal District Court!

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Disability Newsletter – Summer 2021

Mon, 23 Aug 2021 21:27:00 GMT

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Disability Newsletter – Winter 2021

Fri, 08 Jan 2021 22:18:00 GMT

We are proud to announce that Courtney Hilts, Esquire is now a partner as you can see from the name at the top of this letter. Mrs. Hilts, formally Shelley, grew up in rural Colchester, Illinois. She is a 2007 graduate of West Prairie High School. She graduated from the University of Illinois, Springfield in May of 2011 through the Capital Scholars Honors Program. She completed her legal education at North Carolina Central University School

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Disability Newsletter – Summer 2020

Mon, 27 Jul 2020 16:01:00 GMT

Covid! Covid! Covid! Just like everyone else in the United States, the Social Security Administration and our office is struggling to cope with the Covid-19 pandemic. The Social Security Administration sent everyone home. We kept our offices open with facemask/social distancing requirements. Thankfully, none of us have been infected by the virus. Like most of our friends in the profession, we have seen a marked decline – thirty percent – in the number of people coming to see us. We are speaking with far more people over the telephone than before

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What the HEROES Act Could Mean for Bankruptcy

Wed, 20 May 2020 22:04:00 GMT

The following is an update from the National Association of Consumer Bankruptcy Attorneys:

As a majority continue to follow stay at home orders due to the COVID-19 crisis, NACBA’s Legislative Committee with support from NACBA’s Board of Directors have been working nonstop with House and Senate staff to ensure significant bankruptcy provisions were included in H.R. 6800, Health and Economic Recovery Omnibus Emergency Solutions Act , also known as the “HEROES Act”. We are pleased to announce NACBA’s success in having many of our provisions included that will facilitate the availability of bankruptcy for victims of COVID-19 and its foreseeable economic consequences.

NACBA’s Legislative Committee and Board of Directors proudly share our association’s bankruptcy provisions included in H.R. 6800. ( Click here to read the bill text , bankruptcy protections begin on page 993).

While not all offered provisions were incorporated into the current bill, NACBA is strongly continuing our efforts towards getting them into the final House and Senate compromise bill. One provision NACBA continues to push for is:

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Let’s Make Sure The COVID-19 Response Doesn’t Threaten Social Security

Thu, 30 Apr 2020 15:42:00 GMT

Written by Nancy Altman: The CARES Act was intended to provide emergency payments as quickly as possible. Yet over a month after the bill became law, those emergency payments are not yet all out the door.

Even for those who’ve received them, $1200 emergency payments for eligible adults and $500 emergency payments for each eligible dependent child are inadequate. They will help, but this one round of payments is not enough to alleviate the lost income and increased costs caused by a once-in-a-lifetime worldwide pandemic.

Despite the urgency of these payments, the Trump administration has put up one roadblock after another to their automatic receipt by the lowest income Social Security beneficiaries. Adding insult to injury, Trump has just announced that he is against more payments. What does he want instead? To destroy Social Security.

Sound hyperbolic? It’s not. Let’s start with the roadblocks and end with the continuous, though stealthy, effort to undermine Social Security.

Continue reading at: https://www.forbes.com

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COVID19 and Our Law Office

Fri, 20 Mar 2020 21:22:00 GMT

At this time the IL Governor has issued a shelter in place order. While the courthouses are essentially closed we are still able to file electronically and telephone conferences are being held. Currently we are offering free initial consultations by telephone for both Bankruptcy and Social Security Disability.

If you have a Bankruptcy hearing scheduled they have been postponed until April/May. We are doing our best to contact our clients as we are updated by the courts. If you have a Social Security hearing scheduled we currently are unsure how these will be handled. We will update our clients as new information becomes available. Clients who have already retained our services can do as much remotely as is possible. Documents can be scanned and emailed, faxed or dropped off through our mail slot. (at both our Quincy and Hannibal Offices)

It is a time of daily changes to our routines and we are doing our best to adjust accordingly. Know we are in sympathy as to how this affects you and your family. It can be a frightening time, but we will weather this storm together.

Our best regards,

The Attorneys and Staff at Dempsey & Dempsey

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Disability Newsletter – Winter 2020

Mon, 13 Jan 2020 15:56:00 GMT

Disability Changes in Social Security Disability: Andrew Saul became Commissioner of the Social Security Administration in June. He was appointed by Donald Trump, primarily because they attended Wharton School of Business and graduated together. He is another wealthy New Yorker Saul is well-known for opposition to the very concepts underlying the Social Security Laws. He was a member of the board of Manhattan Institute.

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The President signs the Haven Act… now what?

Mon, 26 Aug 2019 21:13:00 GMT

The President has signed the Haven Act into law but what does that mean for you? If you are a Veteran who is receiving VA Disability this money will no longer be used to determine your ability to repay your creditors.

In order to determine if you can file for bankruptcy and which bankruptcy is right for you an average income must be determined. Before the signing of the Haven Act this income included VA disability. With the signing of the Haven Act, if part of your income is from VA disability (social security disability was already excluded) that portion of income will not be used in determining which bankruptcy is right for you.

Feel free to contact our office and one of our bankruptcy attorneys will sit down with you to determine your options.

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What is a Zombie Debt Collector?

Fri, 09 Aug 2019 22:05:00 GMT

Something we deal with, in regard to our bankruptcy clients, are Zombie Debt collectors. Curious about what this means and how to deal with them check out this Washington Post article: here

If you are worried about Zombie Debt collectors or are struggling to pay your creditors call one of our offices to set up a free consultation where you will sit down with one of our two Bankruptcy Attorney’s to discuss all of your options.

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Disability Newsletter – Summer 2019

Wed, 24 Jul 2019 21:22:00 GMT

Why Your Patients with Very Serious Medical Problems are being Denied Social Security Disability and SSI Benefits: We had a call recently from a physician in the area. He had referred a man he was treating for a Social Security Disability application. The doctor’s patient was a friend of his. I believe they went to church together.

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Medical Bills and Bankruptcy

Wed, 19 Jun 2019 20:24:00 GMT

There are some common myths about medical bills and bankruptcy. First, there is no such thing as a “medical bankruptcy.” While medical bills are often the precipitating factor for while people file, a debtor must list ALL their debts when they file a bankruptcy, including those that they want to keep paying or some that aren’t dischargeable like child support or student loans.

For instance, many people have a mortgage and a car loan. These are secured debts that must be listed, but typically people keep paying so they don’t lose the house or car. But the Court wants to know how much equity you have in your assets (ie. the value over and above the amount of debt.) Every state has different exemptions for homestead and vehicles. At your free consultation with our firm, we will explain what can and cannot be protected and what your options are to protect your assets.

Second myth, you cannot be held responsible for your spouse’s medical bills if you didn’t sign something at the hospital. There is state common law that says a spouse can be sued for their spouse’s “necessities.” This started back in the day when women didn’t work, and a husband could be held accountable for things like food, clothing and medical bills. Now it is a two-way street and typically seen for only medical bills. Even if spouses are separated, until a divorce is final, medical providers can sue both for medical debt.

Third myth, you cannot be sued if the medical provider is accepting minimum payments. Even if the bill is in collection and some third party is accepting monthly payments, don’t be surprised that after a year or so, you get a summons for a state court collection suit. Unlike credit cards, hospitals and doctors cannot automatically charge interest on the debt. But if they get a judgment, under state law they can get 9% interest. Over time, this can add up.

This brings us to the last comment I want to make. Medical providers are now suggesting people go to a finance company (like One Main or Carecredit) and get a loan to pay off the bill. This gets the debt moved from the hospital’s past due accounts, but now people are facing even higher interest rates than 9%. Before you sign up for one of these loans, check the interest rate. Is it over 30%? How long will it take to pay off the debt in full at the minimum payment they set up? Does it really fit into your budget, or will you be “robbing Peter to pay Paul?” Come see us for your free consultation and we can go over your budget. There are IRS guidelines for things like food and clothing for a single person, married couple or family of four. You might be surprised at what the average household is spending for things like this.

While no one aspires to file bankruptcy, you may need a fresh start if you have uninsured medical bills, especially if these amount to over $10,000. Don’t struggle endlessly. Call us for an appointment.

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Disability Newsletter – Winter 2018

Thu, 06 Dec 2018 22:27:00 GMT

We need your help to stop a rule change that will hurt the residents of West Central Illinois and Northeast Missouri: The Social Security Administration is proposing a rule change that will negatively impact the people of West Central Illinois and Northeast Missouri. The Administration is proposing to eliminate the right to an in-person hearing and instead be able to mandate that claimants appear by video-teleconference or even by telephone.

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Roser Award Presented To Mrs. Vicki Dempsey

Fri, 16 Oct 2015 21:16:00 GMT

The Michael R. Roser Excellence in Bankruptcy Award was awarded to Mrs. Vicki Dempsey today in Kansas City at the American Bankruptcy Intitute’s 35th Annual Midwestern Bankruptcy Institiute.

The Missouri Bar’s Commercial Law Committee established an annual award to be presented at the Annual Meeting of The Missouri Bar. The Michael R. Roser Excellence in Bankruptcy Award will be presented to an individual who manifests the highest standard of excellence in bankruptcy practice, who has contributed distinctively to the development and appreciation of bankruptcy law, and/or who has made an outstanding contribution in the field of bankruptcy administration or practice.

Ms. Dempsey was happy to receive the Rosser award for excellence in bankruptcy in Kansas City today. Judge Jathy Suratt-States presented it to her.

Vicki has spent many years developing her skills as a bankruptcy attorney. She combines an incredible mind with great sensitivity to the needs of her clients.

We are proud to have a wonderful leader in our office whom is always there to fight for the rights of her clients and employees. Thank you Vicki for all of your contributions in and outside of our office.

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Vicki Dempsey: CHANGING THE LAW

Thu, 13 Aug 2015 14:41:00 GMT

Attorney Vicki Dempsey saw an injustice in Missouri law and has been successful in getting it changed. Dempsey has practiced bankruptcy law for 28 years and has represented thousands of people in Chapter 7 and 13 cases. In 2011 she filed a case for a couple in Missouri who had substantial medical bills. Sadly, a few months after the case was filed, the husband died of cancer. He had a $15,000 life insurance policy and the wife wanted to use some of that for funeral costs.

Unfortunately Missouri was the only state of 50 that did not protect some, if not all, of these matured life insurance proceeds. Federal bankruptcy law has a rule that any inheritance or life insurance arising from a death within six months from the date the bankruptcy was filed becomes an asset upon which the court will administer. Dempsey filed a request for her client to use $7000 of the $15,000 to cremate her husband, but the court ruled in April of 2012 that all the life insurance must be turned over to the Trustee. As a result of this decision, Dempsey determined to change the law.

She drafted an amendment to the Missouri law on bankruptcy exemptions. She approached the Commercial Law Committee of the Missouri Bar in the fall of 2012. She agreed to chair a sub-committee comprised of trustees, creditor attorneys and debtor attorneys. After a number of meetings, she hammered out language that was unanimously agreed upon by the sub-committee. Dempsey traveled to Columbia to get unanimous approval of the full committee in 2013, then on to Kansas City for the approval from the Missouri Bar Association Board of Governors in 2014.

She testified before the state senate in Jefferson City in the spring of 2015 and Bill 164 was passed on July 10, 2015. Governor Nixon signed the bill which allows debtors to use up to $15,000 for the funeral and burial costs of a spouse, child or parent who dies in that six month window.

Persistence paid off. This is just another example of how the attorneys at Dempsey & Dempsey fight for the rights of sick and poor people. We are all proud of Vicki Dempsey!

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Learning to Live on a Budget

Wed, 14 Jan 2015 21:19:00 GMT

As a bankruptcy attorney, the first thing I do when I meet with clients for the first time, is to go over a budget estimate I asked them to fill out in advance. Many people have no idea what their gross or net income is per month, let alone how much they are spending on things like food, clothing or gasoline. Most people know what their rent or mortgage payment is, or their monthly car payment, but may not know what interest rate they are paying or how much is still due on a loan. By the time someone comes to see me, there is no doubt there is more going out than coming in each month, and something has to change.

On the Dempsey, Dempsey & Moellring website there is a budget sheet you can print off to work on. If your wages vary from week to week, or month to month, then the best thing to do is look at the past six months of your pay stubs, and average the GROSS (before taxes) amount. You may be under or over-withholding on state and federal taxes. The average withholdings are 21% of gross. You also need to figure out how much is being taken out of your paycheck for health or life insurance, as well as things like union dues, uniforms or 401K plans. The resulting balance is your NET income.

If your utilities such as electric and gas vary widely from season to season, see if you can get on an equalizer or budget plan so that you know your monthly amount is the same. This goes a long way to even out the bumps in the road. Expenses such as phone, internet or cable can often be reduced with shopping around for cheaper plans, or eliminating extra services. For a good idea what the average person, couple or family with one or two children spend on things like food, clothing, personal care products and miscellaneous items (cigarettes, pet food, haircuts, etc.) one should look at the current IRS National Standards for Allowable Living Expenses . It may surprise you what these figures show. Most of my clients guesstimate these expenses well under what they really are spending.

If you have monthly payments on credit cards, pay day loans or other financed purchases like furniture or electronics, you may need to stop “robbing Peter to pay Paul.” I advise people who come to see me to STOP USING CREDIT CARDS . If you do not have enough money each month for gas, groceries or prescriptions, putting those purchases on credit cards is just digging you a deeper hole. Make sure no creditor has the ability to automatically debit your bank account. You may have to make some hard choices, like surrendering an expensive truck or motorcycle you simply cannot afford.

If after looking at your budget, there is debt you simply cannot pay and keep your basic living expenses covered, then that is when you should see a bankruptcy attorney for further advice. Call us for your free consultation.

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Vicki In The News

Wed, 24 Sep 2014 01:04:00 GMT

Ms. Vicki Dempsey was recently interviewed by KHQA’s Derek Frank. Vicki discussed the fears that many face when considering bankruptcy, check out the interview here . If you or someone you know is considering bankruptcy contact our office for a free consultation today.

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SICK AND BROKE: BANKRUPTCY ADVICE FOR SOCIAL SECURITY DISABILITY CLIENTS

Thu, 08 May 2014 18:11:00 GMT

Applying for Social Security Disability benefits can mean facing two or more years of loss of income. How should someone dealwith this financial crisis? Bankruptcy can give some relief, but the timing is important and depends on a number of factors:

1. Is the Claimant single or married?

2. Does the Claimant have assets at risk?

3. Does the Claimant have medical coverage of some kind?

If a Claimant is single and has no assets, then she is the proverbial turnip out of which no one can get any blood! There is no immediate need to file a bankruptcy, and if Claimant has no insurance and could need more testing, surgery or treatment, then she should not file bankruptcy during the two years plus it takes to get on benefits. A person can file a Chapter 7 bankruptcy only once every eight years, and you want to be able to include all foreseeable medical bills.

Social Security benefits cannot be garnished by the typical creditor. A government debt for taxes, overpayment of federal benefits or student loans can be the exception to the rule. The benefits once received, even a large back pay amount, can be protected in a bankruptcy, as long as those funds are not co-mingled with other money. Keep them in a separate bank account, and they will be exempt from attachment.

Claimants should also be aware of the Preference rule in bankruptcy. Often Claimants rely on the kindness of family and friends to support them during the long wait for disability benefits. There is the natural inclination to pay those people back immediately with past due benefits when received in a lump sum. However, if bankruptcy is going to be filed to get rid of other debt like credit cards, medical bills, payday loans, etc, DO NOT pay back family prior to the bankruptcy. That would have to be disclosed for one year from the time of payment, and they would be at risk of having to pay that money back! The better course of action is to list the family and friends as creditors, and after the bankruptcy is final, and the disability benefits are exempted, the Claimant can pay back whomever they desire with no problem.

If a Claimant has assets, then they might need to be liquidated merely to survive the long wait for benefits. Sales of assets have to be disclosed for the previous two years to a bankruptcy filing. DO NOT merely transfer assets to family or friends to try and “protect” them. Most states (including Illinois and Missouri) have a Uniform Fraudulent Conveyance Act that can recover such transfers for up to four years. Sales for fair market value are perfectly acceptable.

If a Claimant is married, and that spouse is working, their wages could be at risk if they are sued for joint debts. Most states view medical bills as a joint debt, regardless of who received the services. Thus they should sit down with an attorney and go over their monthly budget to see if a Ch 7 or Ch 13 bankruptcy would be the most appropriate under the circumstances.

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Means Test: How Bankruptcy Law Changed in 2005

Wed, 06 Nov 2013 17:39:00 GMT

If you filed bankruptcy BEFORE 2005, and you are having financial problems again, once it has been eight years, you are eligible to file again. However, the law was changed in October, 2005, and you need to be aware of two things: the “means test” and debtor counseling/education.

The “Means Test” is the Bankruptcy Court’s way of comparing your income with other similar sized families living in your state. They look back at the six months prior to the month in which you file bankruptcy. For example, if you file in February, you will need paystubs, and other sources of income, such as pensions, child support or unemployment for August through January. If you are married and living together, even if your spouse does not plan to file bankruptcy with you, you will need to average your spouse’s six months of income as well. The IRS collects income information, and the median income for either a single person, up to a family of four, can be found for each state at the US Trustee’s website .

If your income is seasonal, or changes from month to month because of overtime or commissions, the timing of when you file a bankruptcy can radically impact the Means Test. Getting advice from a bankruptcy attorney can be critical if your six month average appears to be OVER the state median income. A presumption arises that you should be filing a Chapter 13 re-payment plan for 60 months, if your income is over the median. This presumption can be rebutted depending on many factors. A form called the B22 has to be filled out in each case, and there are guidelines for such monthly expenses as food, clothing, medicine and utilities. Other expenses such as home loans, car loans, debts to the IRS or child support can change the outcome. Getting professional advice can make all the difference in whether you should be filing a Chapter 7 or Chapter 13 bankruptcy.

The other major change in the law implemented in 2005 was requiring debtors to take a pre-filing counseling session, and a post-filing debtor education class. There is a list of the approved companies on the US Trustee’s website . There are probably a couple hundred listed. Our office has used Consumer Credit Counseling Service of Springfield, Missouri for these past eight years, and our clients have been happy with their services, but any approved company can be used. A debtor has to fill out paperwork and have a phone call with them in order for them to issue a certificate proving to the bankruptcy court that you have completed this required counseling. These certificates are only good for six months, so it is advisable to talk with an attorney BEFORE you take this counseling to make sure there is not some good reason to wait to file a bankruptcy.

After you file your bankruptcy, whether it is a Chapter 7 or a Chapter 13, there is a debtor education class you must take, either online or over the phone. It is a 2 hour, “how to live on a budget” class that hopefully will help you in the future. A second certificate is issued, and this must be filed with the court in order for a debtor to receive a final discharge.

Our office offers a free consultation where we sit down with you and review your budget. We can make a preliminary determination if you should be filing a Chapter 7 or Chapter 13. Besides your level of income, there are many other considerations that factor into which Chapter is best for you. For example, are you facing a foreclosure because you’ve gotten behind on your mortgage payments? Do you have assets that might be forced to be liquidated by a trustee in a Chapter 7? Do you owe the IRS or state back income tax? These are all reasons to consider a Chapter 13, if your budget allows for one. Getting professional advice is key.

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