The Troubleshooter 5-2-24

Episode Transcript

(00:00):
Yeah, ripped up. You needadvice, so you don't have We'll come
running just as fast as we can. Shooter's gonna help come. Man six

(00:20):
is the Troubleshooter Show. Now,Tom Martino, Hey, Tom Martino here,
welcome to the show. Three ohthree seven one three talk. That's
the number in the studio. Wealso have three oh three Martino. You
can call twenty four seven three ohthree six two seven eight four sixty six
and when you call, we'll getright to you. That's right, we

(00:43):
will get right to you. Andif you can just hang on, I
have my expert. I want toget on right now. Eric Reinimer with
Atlas Epas and Financial Advisors and Eric, we had a question the other day
that came up about are you there, sir? I am now. After

(01:03):
the April fifteenth deadline, you sloweddown a little, but you still have
to get people ready who filed extensions. Let me ask you something in general,
do a lot of people file extensionsor do you still have most people
filing on time? Well, wehave probably a third of our clients' file
extensions. Because I just together yet. Okay, So we had a question,

(01:29):
and again it doesn't apply to everyone, but it was important enough that
we wanted to talk about it onstacking retirement plans and we had Retirement Planning
Center of the Rockies on But someof the questions they said, and fairly
so, they said, a lotof them are more apt to be tax
questions than they are than they areyou know, financial advisement questions. And

(01:56):
we were wondering about a number ofthem, and basic Lee, let's us
go through them. We're mainly talkingabout people who make some money and there
they own their own company. Theymight even be the only employee, or
they have their wife or a kidor something where they don't mind doing a
plan. So we have the soloforour oh one K, which is basically

(02:20):
a four oh one K for aperson who owns their own business or if
they have a couple employees that youknow. But bottom line with that is
the company puts in money, whichis basically themselves, and then they put
in money as an employee. Andsomebody wanted to know if they own their
own company and they want to dothat where the employer part of them puts

(02:44):
in money and the employee part ofthem puts in money. Are they Jim,
is it worth it for the taxsavings if you consider they now have
to be W two and they tothey have to pay other h expense on
themselves. That was the first question. That's a great question, and probably

(03:07):
the question behind that is to takea pension deduction like a four oh on
and K, you have to chargewages to yourself. And you have wages,
you pay fifteen percent payroll tax.So really the issue is are you
more focused as your income grows.People tend to be more concerned about setting

(03:28):
aside retirement dollars that are worrying abouttrying to minimize their W two. So
it really just depends on how bigyour dollars are at stake, But ultimately
you end up it's more beneficial ifyou're going to get a thirty thousand dollars
retirement deduction and it's your own moneyjust going into a four oh and K,
it's worth it because of the taxdeduction. Okay, Now, next

(03:50):
question, if someone owns their owncompany, or they're a contractor or whatever,
electrician, whatever we have, ifthey do this solo for a one
K or a limited for a oneK for you know, like I said,
closely held employees, can they alsodo a SEP I r A on

(04:11):
top of it. No, thoseare mutually exclusive career because really they're identical
plans. You can't you've got todo one or the other. Oh so
they can't do both. No,the main stacking is you use that phrase.
The main thing that we can seeis you can do on top of

(04:33):
a four one K and we've talkedabout this before, you could add on
top of that a profit sharing plan. That's very common, that gets happened
a lot with high orders. Butan SEP is like a simple plan,
is like a four to one Kplan. They're all okay, five I
RA as okay. So basically thethe the SEP I RA or the SEP

(04:58):
uh and or the solo four oneK they both will give you the same
exact contribution limit and the same deduction, but one is done totally from the
employee. The other one is doneas an employer employee. So with a
step you would not have to havethe W two arrangement with yourself as long

(05:23):
as you're charging. No that that'sactually you do have to have WW income.
And we almost never see SEPs anymore, Tom because the problem with SEPs
is it's limited to twenty five percentof your wages or your self employed income.
That's the issue with those things.Now let's say this. Let's say

(05:46):
this contractor who works for himself hasa solo for a one K, and
now let's say he does other businessactivity separately from his come. He does
some other stuff. Can that otherstuff qualify for a set It could,

(06:09):
as long as everything has to beaggregated together to his personal limitations in a
year. So he still won't getmore than the write off of sixty six
thousand or so. No. Iwould suggest doing it in one plan.
It's too complicated. Okay, spreadit around. Now. On top of

(06:30):
that, can a business owner doa traditional IRA if he has a four
to oh one K? Typically not. Those are subject to income limitations.
And if you're in a four toone K, usually your income puts you
past the threshold. Okay, qualifynow, except he can probably do it
but not deduct the contribution. Yes, a non deductible IRA. Now is

(06:57):
it worth doing that if he hadsome extra money in order to get that
tax free the tax deferred earnings?Yes, generally if a person is at
that point where they're just looking toput away money without taxation, then yes,
that would be worth it. Okay, Now, what about what they're
calling a backdoor wroth. If peoplemake too much money to contribute to a

(07:21):
wroth, a married couple or something, and they have some other plans,
they can take a distribution of thatplan, that qualified money and roll it
into a wroth. Yes, theycan, and that's where probably my colleague
you spoke with before, Michael Lebot, might be best on the details of

(07:41):
how that would get structured. Butbasically, you pay the tax, you
roll it over, you don't paythe penalty if it's a qualified rollover,
and now that money becomes tax freeearnings and tax free when you take it
out, correct. Okay, Nowthat would be for someone who anticipates that

(08:03):
they want tax free, if theyanticipate later on in life they're going to
be in a low tax bracket,that may not be necessary. That's right.
For people like that, it mightbe better to take a lot of
people want the big tax deduction nowbecause they can plan being in a lower

(08:24):
bracket in the future where it's goingto be at a much lower rate,
which is a whole other strategy,and the wroth would be subject as I
understand it, the wroth would besubject to limitations of contribution. Right,
Yeah, there's those annual limitations,just like a traditional IRA of six or
seven thousand. So even if youroll over some money from an IRA or

(08:48):
something else into a wroth, youstill can't exceed the sixty five hundred or
if you're fifty year older, theseventy five hundred contribution. Right. Okay,
Well you cleared those things up,and I appreciate it. And then
you said something about a pension planin addition to a four oh one K,

(09:09):
and that gets pretty sophisticated because peoplehaving had done that in the past.
You have to pay quite a bitof administration costs for that you do.
There's at least several thousand dollars ayear just to administer that. And
again, if it's worth it,if your money that you're putting aside is
big enough dollars, it's worth itfor the tax benefit, right, Sometimes

(09:31):
it is, sometimes it isn't.Do you find by the way, people
wanting more tax deferred money or doyou feel like times are tough and they
don't have it to put away?For the most part, medium to small
business, I'd say it goes bothways. Some people are having tough times,

(09:54):
but a lot of people are havingamazing years and still looking to maximize
their retirement contributions as they get olderand closer to the end of their work
period. Okay, visualize. Thankyou very much, and really you've been
a world to help you. Reallyclear it up. And are you guys
still taking on new clients? Ialways get that question when you're on all

(10:18):
the time. We love it everyweek Atlasfirms dot com and it's three oh
three seven nine nine nine one oneone. Thank you very much, Eric.
Yeah, there's a lot to talkabout when it comes to this stuff.
You know, you hear all theseexpressions, but can they be done?
How can they be done? Howcan they be done legally? Of
course? And then let's talk aboutwhen I say regular wage journers, I

(10:43):
mean if you don't own your owncompany, and you're not you're not looking
to stash a lot. You stillhave, of course the traditional wroth and
the traditional ira, which is agreat thing. And then you have the
educational plans five twenty nine you canput away. And if you put that
money away for your go into college, then you look forward to the future

(11:03):
when that money is taken out forcollege, and that money is never taxed
if used for college. Now wehave more coming up with Lean wants to
talk about a vehicle. She's lookingfor a vehicle to be donated. She
wants a vehicle. And then Tomis looking for Tom has an issue with
Excel Energy. All of that comingup on the Troubleshooter Show. Paul the
Waterman, Great water systems at thelowest prices I've ever seen. And I'll

(11:30):
tell you what. It's not justa lower price. The products are better
than you get for twice and threetimes the cost. If you want drinking
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(11:52):
a sure thing Denver's best roofer ExcelRoofing dot com. You don't pay a
cent until you're content. Leave timefor an insurance check up free, no
obligation. In comparison, call CompassInsurance paying too much your coverage at dozens
of insurance companies find out now threeall three, seven seven to one.
Help. You'll think you're his onlycustomer when you choose Frank durand the real

(12:15):
estate man dot com to list yourhome with Remax Alliance three all three nine
two zero sixteen twenty two. Hey, I'm Tom Martino, you troubleshooter three
all three seven one three talks sevenone three eight two five to five.
Now I'm gonna say it publicly.I used to keep this to myself off
the air because we have two showsgoing on off the air. On the
air, if you're if you're aYouTube flunky, excuse me, a YouTube

(12:37):
moron, sorry, Facebook flunky.One thing, I've noticed, the Facebook
flunkies are not as negative as theYouTube morons. There's something about YouTube that
attracts negativity. That's just the wayit is. There're a bunch of and
they seem to skew older on YouTube. It's like they're sitting around scratching their
asses, you know, just smelling, not showering. This is what I'm

(12:58):
picturing. Maybe I'm wrong. I'mnot picturing some young executive at his desk
having this off to the side,listening to the show. For edification.
I think there are people look intojust throw stones at callers and me.
I don't care. Hey, Leanne, tell me you need a vehicle.
Let me just tell you something,Leanne. It is a cold day in

(13:22):
hell to get a vehicle donated nowadays. I know this because I'm trying to
go through it myself with some ofmy as they call them, newcomers.
I'm trying to help people who haveasylum here in the country, who are
getting jobs and need transportation. AndI feel for you if you need a
vehicle, it is very difficult usecars. People are keeping them now and

(13:45):
then when they're not they're selling them. Now, tell me your situation,
Leanne. Sure. So my situationis I actually have a sober living in
Littleton, Colorado, the five bedroomhome for women. And what we're doing,
Tom is we are truly helping thesewomen. We are trying to help

(14:07):
them get their lives back on.That's wonderful. I love hearing this,
okay. And with that, weare a nonprofit. And also, so
you know a little about myself,I do this work for free. I'm
in recovering myself. My passion isI know women can be saved and be
sustaining and efficient in society. Again, however, our struggle right now is

(14:28):
we do not have a home andI work full time. So I am
working, Okay, I get it. So you guys, you guys need
a vehicle for the home. Yes, and we do service work in the
community. We are always helping others. That's totally different. That is very
very won that's wonderful. Maybe wecan. So, do you need something

(14:48):
like for group rides or like takingthe women places? Ords you need and
what do you is that? Whatyou like? A van? We need
something that's going to be a fiveat least five passenger plus. These women
also are fighting to get their childrenback, and I'm beyond excited to share
that we have two women that arealready getting custody back. We need to

(15:11):
be able to go and pick themup from school. Whatever events we can
include them in. We are partof events in the community, giving back.
They need to make their meetings,they need to make their requirements for
courts. They're doing it right.We just desperately need help and we do
not qualify for funding from the stateto purchase a vehicle. So we are
hoping there's someone out there that wouldbe able to help us. What would

(15:35):
be an ideal vehicle? Ideal wouldbe a small suv or a large suv.
Okay, So you need or avan maybe or a van. Yes,
absolutely, just something is just tobe keeping in mind that would be
easy enough to get around because ofparking and all of that. But we

(15:56):
absolutely are open to a van aswell. We're open to anything that's just
safe and reliable. And we've alsopartnered with a great organization that you've spoken
about before. I don't recall thename, but the Hands of Carpenter I
believe, yes, yes, hey, they're going to help make sure once
we have a car donated, they'vealready committed to helping us keep it up

(16:17):
and running. We just haven't founda car yet or a vehicle. I
should say, you know what,I love helping if we can so kit
China, make sure we have herinformation to get back and then let's put
the word out. Man. Ireally want to get the word out.
And you know, you guys cancontact us about it or you do you
want them to contact you directly?How do you want to do this,

(16:38):
Leanne? I just don't want youfall in for any scams. Okay,
if people say that's what I'm runninginto, would it be okay that they
contact you? And I yes,it would be It would be make sure
we get your information, Leanne.We would love to help you three all
three seven and thank you to anyoneanyone that can help. Thank you so
very much. Okay, Leanne.So they're looking for an suv or a

(16:59):
van and that they can help theladies, the women at this sober living
house. She's helping them get backon her feet, on their feet and
get their children or their custody back. That's wonderful, really wonderful. By
the way, Tom, what's goingon with Excel Energy? What's happening.
I'm going to check out my email, said, I guess you sent us
an email, But what's going on? Sir? I did send you an

(17:23):
email, and I sent you anotherone just a few minutes ago. You
sent me a bill. Here andI see a bill and the bill is
for nothing zero. Now that's theone that you received just a few minutes
ago. Now, what are youcalling about? Tell me the problem.
The problem I've got is I don'tthink I'm receiving a full credit for the

(17:48):
power of being produced by my solarpanels. I sent you emails last week
that show that I'm producing seven hundredand eighty kilowatts, but I'm only receiving
credit for two hundred and forty.Yeah, but but hold on, you're

(18:08):
producing seven eighty, you're getting creditfor two forty. But let me,
is this a net metering situation?Aren't you using the rest of it for
your house? And then you getto sell what you're not using? And
well, I'm still getting a billfor I don't have that. Wait a
minute, Well, I got tolook for your previous email here. I

(18:30):
don't see it here for some reason. But hold on a second, though.
That doesn't matter. I'll get it. Kachina will send it back to
me, So I don't. Iwant to get one of our solar experts
on too, So this is good. Hold on, I'll look at your
email. We'll get one of oursolar experts on three oh three seven one
three talk three oh three seven toone three eight two five five. Surely

(18:52):
a question on taxes coming up aswell. We will help all of you.
Just hang on and don't forget Grossman. This clinic I credit them with
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(19:15):
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three three forty two forty seven twothree three forty two forty seven. Go

(19:47):
with a sure thing Denver's Best rooferExcel Roofing dot com. You don't pay
a cent until you're content. Timefor an insurance check up free, no
obligation in comparison, call help usinsurance paying too much your coverage at dozens
of insurance companies find out now threeall three seven seven to one help.
You'll think you're his only customer whenyou choose Frank durand the real estate Man

(20:10):
dot com to list your home withRemax Alliance three all three nine two zero
sixteen twenty two Himes, Tom Martine, your Troubleshooter three all three seven one
three talk three all three seven onethree A two five five. Welcome to
the show. Let's talk Tom.What's going on with Excel. I did
not see did you send that tome the other one? Oh? Yeah,

(20:33):
I see it. Okay, dowe have our solar expert? Not
yet? Okay? Uh, thenI might hold hold him off then for
a sec. I'm looking at hisbill here, and I think we should
send one to her. Basically,it's showing what he produced. He's saying
he's not getting credit. You know, net metering is a weird, weird

(20:55):
situation with Excel. We can eitherget Brook or Mark, Mark Conkle or
Brooke. So let's either get probdEnergy dot com, Probit Energy dot com,
or we'll get Brook at red Rocksrs dot com cool three all three
seven one three eight two five five. Meanwhile, I'll talk to uh.

(21:15):
Surely she has a question about taxes. Surely what's happening? Oh? Hi
Tom. A couple of days ago, a family member passed away and we
found out that, uh, hemay have not been paying taxes for the
black past twenty thirty years. Ohmy good, wha twenty or thirty years?

(21:37):
Right? Holy crap? I wonderhow how did is is it a
man or woman? How did hear she get away with it? I
don't know. He's been on disabilitymost of most of the time, if
not all of the time, andreceiving a small pension. So I don't
know. I just don't know.So my question is how is this handled

(22:02):
and is it is it going tobe the responsibility now of the personal rep
to handle this? And if youknow, if nobody pays, is there
going to be problems with that?You know what? I think? We
get one of our estate planning attorneyson Here's why. I'm not sure.
I am almost positive that taxes aregoing to be a lean against the estate.

(22:26):
But if they have not done thatin thirty years, my main question
is do they have a responsibility toseek out the I R s Now?
Does this tell me about this guy? Will? Will? Will he have
any wherewithal any money left? Imean not left? But what is in
the estate? Let's start there reallyjust personal items because he had a life

(22:53):
estate deed. What does that mean? So the house went to some one
else right upon his death, itwent to his daughter and did she so
she's already got in the house.When did he die? Onndy? Oh
like oh my, okay, we'retalking right now? Okay, yeah,

(23:17):
yeah, So yeah, with thelife of state need as you probably know
that it immediately goes to who isthe it's a it's a beneficiary Steed,
it's a beneficiary Steed, So thehow? But yeah, just giving him.
But I believe, I believe beneficiariesdeeds may even be subject to tax

(23:40):
liens. But he hasn't had anytax collections or Leans has he no?
So what would be interesting? Kachina? We really need to check with either
with either one of our estate planningattorneys. We either kill and Park or
McKay. We really need to checkwith him because I'm not sure if they

(24:04):
I'm sure they've encountered this before.And I don't know the extent that you
have to go to contact the irsand to admit to them they've never been
filing. What do we do?I don't know what the answer is there.
What you don't want to do isend up with personal liability because of
it? Right now, hold on, Okay, surely we'll get We will

(24:29):
get. I think this is betterthan a tax attorney we need. What
we really need is someone with estateplanning and dragon is she hearing me?
Good? Let's bring up Mark nowwith probid Energy dot com, a solar

(24:51):
business for sales installation and service fullservice. Now mark on on the Succel
Energy thing. He doesn't understand hisnet metering or I don't understand it.
But it doesn't look like he's gettingcredit. Tom, can you he's with
Excel Energy. By the way,Tom, how long have you had your
solar system? It's been right atone year? What size is it?

(25:17):
I've got forty two panels. Okay, I don't know what that means.
But and have you always since it'sbeen activated? Have you always been paying
on an electric bill? The firstI'll say three months? No, I
was getting credit. After that,starting in probably July or August, I

(25:38):
started getting actual electric bills again.And how much are those electric bills compared
to what would normally be an electricbill? Give me an idea. Well,
for the pages I sent you,the one that's February of this year,
my electric was two hundred and onebefore that in January it was twenty

(26:02):
nine. And what would it normallybe without the solar system. I'm really
not sure it would have probably beenI'll say seventy five dollars more each.
So you're not saving all of asudden, you were saving, you were

(26:23):
not getting bills then all of asudden, you started getting bills. Yes,
the system went up in March.I had credits through August. In
September I started. You're talking Marchtwenty twenty three, got it, and
you've had it since then. Andthen you started getting bills again when it

(26:47):
would be September of last year.So you only did not have bills for
March, April, May, June, July, August for six months?
Correct? What do you think isgoing on? Mark? His system may
be working properly. You know,February January are the lowest production months,

(27:11):
so you're using up those net credits. What I'd love to do is help
about take a look at his system, look at his bills and figure out
what kind of solar system he has, and see if we can't dive in
and do some Yeah, let's seewhat's going on. He can look at
it. That's the good news.That would be fine. It may be

(27:34):
working just fine. We always saywait a year, a full year from
you from when you installed to thento see what you're producing. But Mark,
I want to ask how if youcould hold on? Because I want
to ask how the net metering workswhen it comes to electric bills and when
it comes to selling back, andwhen it might be better to have batteries.

(27:57):
But Tom, here's what we're goingto do. We're gonna give you
Mark's number, and I'll give everyonehis number two. But Tom, you
can call him, or we canhave Kachina get your number and have Mark
call you. And he's at ProbitEnergy and we'll come right back to him
and more. All of your callsat three oh three seven one three A

(28:18):
two five five or three oh threeMartino go with a sure thing Denver's best
rufer Excel Roofing dot com. Youdon't pay a cent until you're content.
Time for an insurance check up free, no obligation. In comparison, call

(28:41):
Compass Insurance paying too much your coverageat dozens of insurance companies find out now
three oh three seven to seven toone help. You'll think you're his only
customer when you choose Frank Durand thereal estate Man dot com to list your
home with Remax Alliance three oh threenine two zero sixteen twenty two. Hi,
you know here, I have MarkHunkle with Appropriate Energy dot com a

(29:04):
solar system dealer. They sell,they install the service, They help commercial
and residential. But I have aquick question for you here on net metering.
Now here's how I understood it.Tell me if I'm right or wrong.
On a regular day where you havea lot of production your house,
it goes to your house and thenyou use whatever you need to use.

(29:27):
In fact, if you use allof it, you use all of it.
If you use all of it andstill need power, you automatically get
from the grid and are charged forit. Then when you don't use all
of it coming from the sun,or if you're not home or whatever,
then the excess is sold back tothe grid. Is that how it works

(29:48):
or not? Mark yep. Essentiallyyou're correct. Any excess is sent back
through that net meter, and thatnet meter reads it going forwards and backwards,
so it's a bi directional meter,and anything sent back is stored as
a grid credit. And so inthese winter months when the production is not
great, you're pulling from those credits, and that's a net that that's basically

(30:15):
what net energy. So you're pullingfrom those credits. Then how do batteries
play into it? So batteries havegotten a little more interesting because we've got
really expensive energy that we have tobuy from Excel energy at certain times of
the day, yep. And ifyou're not producing enough energy, you could

(30:37):
pull from your battery and charge yourhome during those high rate times. If
your system's not producing enough an offsetthat what is it twenty one cents of
killoot hours. Now, if yousell to the grid during the high killowat
hours, do you get more moneyfor you for what you're selling. It's

(31:00):
a net credit. It's not theyshore up at the end of the year.
But let's say you pay an averageof fourteen and a half cents for
a kill a lot hour. Excelreimburses you for that energy at the end
of the year when they true upin about three or four cents. So
it's not a it's not an investment, okay. But now some commercial systems

(31:22):
have been able to turn a littlepositive cash flow on it. I want
to know this. Is it impossiblefor residents to do that? Is it?
Is it not worth it? Inother words, residents, you just
get your power and that's what youneed. Don't worry about turning a profit.
That's what I would do, becauseyou're the ROI is out there to

(31:44):
add excess panels. It's not amoney maker. Someday it might be because
they are going to need those homeownersand those batteries to use their power to
agree. Mark Conkle, thank youprobid energy dot Com three six two three
fifteen thirty one. Now, surely, on this tax thing, I had

(32:04):
a quick question. You said,for thirty years, he hasn't filed taxes.
He died a few days ago.I want to ask some quick questions.
You said he did not file,but you did not say he did
not pay. So did he workand did they withdraw taxes? But he
never filed to get a refund orfiled to pay more? Was he working

(32:25):
where they would withdraw taxes? No, he he was receiving social Security disability
and a small pension. And Idon't wait, wait, wait for thirty
years. Much he was getting forthirty probably, I'm going to say most

(32:45):
of the time, and maybe that'swhen he stopped paying. Is that when
he quit work? I don't know. We haven't gotten that far into everything
yet, but at this point,all we know is that he probably didn't
pay for twenty thirty years, sosocial Security disability and what other income got
a small pension in addition to that, right, and where was that from

(33:12):
the dember water? Okay? Now, so okay, so you want to
know do you pay where their taxesdo on that? That's what I'm trying
to figure out. And when itcomes to social security disability, there are
some guidelines on that the benefits haveto exceed a certain threshold. Do you

(33:36):
know how much he got? Ido not. We haven't gotten that far
into everything yet. We're still startingthrough papers. Okay. In other words,
here, let's put it this way. The worst case scenario is eighty
five percent of those benefits would betaxable, or fifty percent would be or

(33:58):
there's a certain amount he wouldn't paytax on, so that's going to count.
And then on pension there they're taxable. I'm unless, of course,
he had a special tax free one. I'm Tom Martinez. We have more
coming up. Hold on go witha sure thing Denver's Best Roofer Excel roofing
dot com. You don't pay acent until you're content. Time for an

(34:23):
insurance checkup free no obligation. Comparisoncall Compass insurance paying too much your coverage
at dozens of insurance companies find outnow three all three seven seven to one
help. You'll think you're his onlycustomer when you choose Frank durand the real
estate Man dot com to list yourhome with Remax Alliance three all three nine
two zero sixteen twenty two ripped soyou don't have run as a cad.

(35:00):
Shoot's gonna help. Come man,This is the Troubleshooter Show. No Tom
Martine, Hi Tom Martino here,Welcome to the show. Three oh three
seven one three talk for three sevenone three eight two five five. What's
going on in your life and howcan we help you? This hour brought

(35:21):
to you by Denverregen dot com.If you're looking for that weight loss supplement
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(35:45):
doctor. Two. Uh, let'slet's talk to our one of our estate
planning experts, Dan mackenzie McKenzie lawabout Shirley, and Shirley basically has a
question and Dan, I'm gonna askthis question because you can't possibly know about
this estate. But this guy workedfor many years then retired, not retired,
but has Social Security disability and apension from work. So for about

(36:08):
thirty years he's been on Social Securitydisability and a pension from work roughly and
never filed taxes. And she surely, how do you know how long it's
been since he filed? Who toldyou saw a family member? He had
told a family member. And nowthat he's gone, you know, people

(36:31):
are we're talking and trying to figureout what's going on. And he was
on SSDI. So for now,what we think is when he stopped working
about thirty years ago, went onSSDI and a pension, he wasn't filing.
How old was he when he diedseventy one? Jeez? Okay he

(36:58):
had and he hadn't worked since fortyyears? Right, wow? For around
that. Yeah, So here's thequick question for you, Dan mackenzie.
Since you do a state law,does the irs put do they put leans
on the states? Uh? No, but they might, I mean part

(37:19):
of the process that there's a prodategoing on, is letting the i R
s know that you are now thefiduciary and that they should be contacting and
dealing with you on tax issues relatedrelating to the decedent. But let me
ask you this, Are they obligatedto contact the i R s? Do
they what? Like? For example, do they have to file an estate
return? No, they did nothave to file on a state return unless

(37:44):
than the state taxes do There couldbe other reasons to do that, but
this is really I mean, that'sa different tax and income taxes. So
basically, basically that person dies,they don't file tax anymore. If he
had been filing, yeah, Imean an income tax return would be due
for whatever income here and in theyear that he died, and if there's

(38:06):
still income being produced by any assetthat he owned, the estate could own
owe an income tax going forward.So there is still some income tax obligations
to be aware of. But forthe most part, let's say the guy
didn't file he dies, his daughtertook the home in a beneficiary's deed.
Can they ever come after her sayingbefore you took that home, we should

(38:30):
we owed he owed us money.Can they go retroactive on that. I
don't think so. I think thisis normally handled to the probably process,
and it sounds like there probably isnot one, right, So surely are
you guys filing probate. No,there was a will and so the the

(38:53):
personal his daughter. There was nothingto be transferred as what you're saying.
No, not just minor you know, small items house are not transferable.
Those are just taken. I'm askingyou, was there anything that had to
be ownership transferred? He has acouple of vehicles. I don't know how

(39:15):
that's going to be handled. Howis that handled? Dan? If he
had less than eighty thousand dollars andno real estate. Once we've taken out
the stuff that he had the beneficiarieson, he would go into the DMV
and fill out it's called a smallestate affidavit with them. They have their
own version of that and that's notprobate. That is not probate. That

(39:37):
is just for way exactly what itsounds like, a small So it sounds
to me like they don't have todo anything. Nobody there's no personal representative,
right, Shirley, Well, hisdaughter was a personal personal rep on
the wheel. So she's basically handlingmost you know, but there is no
she didn't open probate. She doesn'tplan on opening probate. Did he have

(40:00):
any money in bank accounts. Therewas a little bit of money done in
accounts that he shared with his daughter, so she they were both on the
accounts. Yeah, so if they'rejointly owned, which they probably are,
then yeah, she's now the ownerof those accounts. So that's what you

(40:22):
don't see. You don't see basicallyanything coming up, do you. I'm
not. I mean, I guessyou know. I would always I'm not
necessarily an income tax experts. Imight recommend that you confer with an tax
attorney, but I don't. Usuallythe probate process is where creditors go to

(40:44):
get satisfaction. So I guess theI r S. You know, creditors
can open a probate process, andthe I R S is potentially a creditor
here, so they could open aprobate process, I suppose, but there's
really nothing going through that process,So I just I don't know. So
if you don't open a probate andeverything is outside of probate, there is
no person or air that has tocontact anyone about anything. No, Yeah,

(41:10):
creditors, it's up to them ifthey want to start that process.
Surely it sounds to me like,you guys, just why was this concerning
you personally? Surely? Why youWell, because I don't think there should
be loose ends, especially when ityou know, as they go through this
process and start. Who doesn't soundlike there's any loose end after here?

(41:36):
Yeah, after hearing that he hadn'tfiled taxes, of course that's the concern,
you know. Oh yeah, butthere's no leans. They were never
coming after him to collect. Noone ever bothered him. I don't I
don't see anything going on here.And uh and basically, uh, you
know, there's no estate. Imean, there's no probate. Everything passed
on. Uh. The cars willbe a small estate AFFI David, And

(42:00):
that's outside of probate. What kindof cars are we talking about, Shirley.
Oh, they're older cars. They'reprobably not worth more than five six
thousand dollars a couple of them.Okay, what do you guys plan on
selling those? Well, right nowhis sons are are dealing with that.

(42:21):
Okay, this is so new thateverybody's trying to figure out what to do.
And well, you know, bytoday's standards, at least, I
like to believe this seventy one isnot that old. I'm seventy, so
you know, was it sudden.No, he's been ill for quite a

(42:42):
while, okay, and he justyou know, well, surely my best
to the family, and listen,Dan mackenzie. If you need questions,
if you need answers, if younot need questions, if you have questions
and need answers, you want totalk to someone, I'll give you his
number. He's uh, it'schaic laweight three three CO plans and that's eight

(43:06):
three three CO for Colorado co Plansand then the website co Plans dot co.
That's co Plans dot c. Oh. Remember, folks, a lot
of times that is one of thereasons, not a lot of times,
all the time, it's the reasonnot to have an estate that goes through

(43:28):
probate is to avoid any problems likethis, people putting claims. Again,
it takes an estate plan to dothat. And that's what a lot of
people don't understand. Three oh threeseven one three eight two five five.
So we have more coming up rightafter this. Go with a sure thing

(43:53):
Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're
content of time for an insurance checkup free, no obligation. In comparison,
call Compass Insurance paying too much yourcoverage at dozens of insurance companies find
out now three all three seven toseven to one. Help. You'll think

(44:13):
you're his only customer when you chooseFrank durand the real estate Man dot com
to list your home with Remax Alliancethree all three nine two zero sixteen twenty
two. Hi Tom Martino, yourtroubleshooter. I need a TikTok expert to
find out why I got my asskicked off. I was on TikTok oh.

(44:36):
Well, I had a vacant,empty account for a while, and
then I decided to post some videos. I post three videos and get I
get banned. I go to logon, it says account suspended. Then
I say, you think you can'tlog on so you can't ask why.
I had no idea why. Thevideos were about banks shutting down accounts for

(45:00):
so called cyber security or fraud.They just shut you down and then they
say, well we suspected fraudulent activity. But then they never tell you what
that fraudulent activity is, and thensome other meaningless videos they had nothing to
do with anything, and I getshut down. Anyway, Rodney, you
got a question on dating a house? Hi? Rod what's happening? Hi?

(45:20):
Yeah, Tom, I'm eighty five. I've got a house. Damn
you. Old people are calling metoday, Rodney. I don't talk to
people older than me anymore. That'smy new rule. Anyway, So listen.
No, I'm serious when I saythis, and you probably sound you
don't sound eighty five. I don'tknow what that means. I swear to
God, I don't know what thatmeans. But anyway, keep going.

(45:42):
Well anyway, the house is inmy name. I bought it several years
ago, twenty ten, and hejust want me to beat the house over
to him. Who does who?Son? No, No, don't do
it. That's that's the wrong wayto do it. He will. You'll
ruin all of your tax benefits,all of them. Okay, Can I
can I explain? Why? Goahead? First? I want to ask

(46:07):
you, why does you want thehouse now signed over to him before you
die, so that it would avoidassume probate? Okay, and your son
I don't like using this word.He's a moron. Well, no,
that's insulting my YouTube people. Icall it aone. No, your son's
not too smart there when it comesto that, let's put it that way.

(46:28):
What did your son do for aliving out of curiosity? He's a
self employed photographer? There you go, right there. He's an artist that
tells you everything right there. Hey, on a serious note, Rodney,
what did you buy your house forone? One fifty? I think it
is. What is it worth now? About three seventy? Okay? Now

(46:55):
how long you got left? Ifthat's the will hold on your three fifty.
Let's let's just figure this out.Let's let's say it goes up to
four hundred. It's going to butokay, and you bought it for one
fifty, So now you got twohundred and fifty in gain if you If

(47:20):
you give it to him now,he'll have he'll have to go back to
your basis if he ever wants tosell it. Even if he keeps it
for ten years, it'll be worse. No matter how long he keeps it,
his original basis in that house willbe one fifty. Bad news.

(47:42):
Okay. Now, if you wantto avoid probate, which is a good
idea if you can, there's nothingwrong with probate. But but you you
really can avoid probate. Sometimes youcan. But let's say he wants to
avoid probate, you do it beneficiarydeed. A lot of people call them
life's estates, and other states theycall them ladybird deeds. What it means

(48:07):
is it's Rodney's house. Rodney canchange that beneficiary's deed to maybe a new
girlfriend if he wants, or backto his son. He can do whatever
he wants. It's not irrevocable.But you make a beneficiary deed. Your
son doesn't need to prove it.No one has to approve it except you,
and you put him on it onthe day of your death, which

(48:30):
I hope is many years in thefuture, because you're old enough now to
be president. You could Rodney inthe future when you pass, your son
will automatically have that house outside ofprobate already. Then it's valued on the
day of your death. So let'ssay it's valued as we said, let's

(48:53):
say it's four hundred. Then ifhe sells it, what's he going to
sell it for or for one orfour to five or whatever, four hundred
and five whatever, and he's notgoing to have any taxes hardly any or
if he keeps it for five orten years, his basis will now be
four hundred thousand instead of one pointfifty. Do you get that? Yes?

(49:16):
Good, there's your answer. Geta beneficiaries deed. And instead of
don't let your son do it he'san artist, you do it. Call
mackenzie law. It's a lumber.Yeah, it's eight yeah, yeah,
you got to know. Okay,it's easy and cheap, but that's what

(49:39):
you do. What else do youown, Rodney? Maybe you want to
leave something to me. No,but really, but seriously, what do
you own? Like let's talk aboutprobate and avoiding. What do you own?
Well, I've already I've already Isold him my car because I was
in the car accidence in last Januaryand I had to stop driving, yeah

(50:01):
Ruber in August. So I stilldrive the car, but he sold it
to him so I can drive it. But other than the house, I
really own just the household goods inthe house. That's it is your house
paid for? No, I thinkit's about about now is a balance?

(50:25):
Okay, Now here's the deal.You you shouldn't need any probate. Then
you don't have a lot of moneyin the bank or stocks or bonds or
anything. Right you can put rightnow, you can put payable on death
certificates on you can do payable ondeath certificates on those. Okay. Now
another question for you, Rodney,what do you do for your health?

(50:52):
I have been a care No,no, I'm talking about why do you
sound so spry? Are you ingood health? I'm in good health?
Does that work every day? Whatdo you do? I help companies return
money from the government on the programwhere that they received five hundred and seventy
three dollars per employee, and wegive them a health product on top of

(51:14):
that. And every wait a minute, you're not talking about that, that
that COVID tax credit crap, areyou? No? No, no,
no, it has nothing to dowith that. What is the five hundred
and something for you? Got mycuriosity? That is that is a that
is a return of It goes throughthe payroll taxes of the employee. Yeah,

(51:34):
and it is a it's called itcalled the Champion program. And what
we do is I contact companies andthey are returned five hundred and seventy three
dollars per employee every year. Soif they have one hundred employees, they
get uh. But for what reason, though, Rodney, I don't understand

(51:54):
why does the government return five hundredand sixty dollars per employee? Why that
comes out of the payroll taxes?I I really uh don't go into the
details. So are you telling methat anybody's a business with employees can do
this? Anybody with employees can dothis? Yes? And the name of
the program is what it's called theChampion program. Okay. And then and

(52:20):
then on top of that, youbecome their champion because you're doing this.
Uh. And then as a resultof that, you sell them health insurance
or what. No, No,no, we don't sell anything. We
give them a health product, thesupplemental product, and it covers a lot
of things that their uh permanent insurancedoes maybe not pay. Or they can
use this program instead of using theirregular health insurance, which would raise the

(52:45):
previous if they use it. Butthen you but you are selling that supplement
then right, No, we're givingthat to them. There's them there's no
sell to it. It's just includingwait wa wha, wha whoa, whoa,
whoa. Wait wait wait wait wait, what do you mean you're giving
it to them? Well, wesign them up for this program free of
charge. If they have a saya car dealership that has a thousand employees,

(53:10):
they would reach about a half amillion dollars every year in refund.
I can send you some information onit and you take a look. Okay,
I get the refund part. NowI want to know this supplement part
that you give them free? Whatdoes how do you do that? I
mean, what what is the incentivefor this health supplement? Whatever it is?

(53:31):
What is it? Is it aliterally just say what it is?
This is free advertising for you.What is it? It's just a supplement
that includes When you say a supplement, do you mean an insurance supplement like
where you put claims in. Yes, and you get money back for those

(53:54):
claims. Well, they get moneyback on the on the insurance. If
they have a health situation, theyget it's paid for it, by the
way. But if they're not payingfor this program, how is it possible
this supplement possible? Hey Rodney,I don't mean to stump you, bro,

(54:16):
but you these programs, you knowyou're explaining and you called it the
Champion Program for the money. Butit's not connected to this other one,
right, they're two separate things.No, it's all included in the one
program. Well, one program.But what's the health supplement called what's that
called? That's that's called the Championprogram. That's called the Champion program too?

(54:40):
Yes, And what company sponsors thisprogram? Do you don't mind talking
about this? Are you right?I mean, I'm just fascinated by it.
No, it's it's our company iscalled Tax Advocates that I work through.
And as a result of the theprogram that we have, as I

(55:01):
say, if if a if acompany has any more than ten employees,
they qualify to join the program.And one of my associates just sold the
company with twenty two thousand employees andthey're receiving seventy eight million dollars in refund
Oh come on for a large company. Fantastic. Because does the Champion Program

(55:27):
have a website? Uh? Idon't know if anyone's finding this fascinating,
but I am. Yeah. Welllet me uh see, just like people,
this is what somebody on This iswhat some people are feeding back right

(55:49):
now by text and on YouTube.They're saying it sounds now I'm not telling
you this, rod asked, whereto you? It sounds like a scam.
It sounds like there's got to bea catch. What is the catch?
No, I understand, but whatare we not hearing? Well?
The Champion hialth is it? Whatit is? Is it? It's called

(56:15):
Champ plan? If this is whatI'm finding out now when I've been searching,
a self funded employers, employer sponsoredplan that supplements health insurance. Right,
It's designed to provide additional options forhealthcare cost to employers, and they

(56:35):
can implement it and save on FIKAtaxes if they implement the Champ Plan.
Employees voluntarily enroll and they contribute througha tax, a pre tax payroll deduction,
and these deductions lower the employer's cost. You know what, I got

(56:57):
to tell you something. It's importantto note that this program is not the
employee Retention Credit. It's not that. No, it has nothing. Okay,
Now, I'm going to tell yousomething. Very seldom, and I'm
very serious when I say this,very seldom do I ever hear anything new

(57:17):
ever. Now, why the hell, Rodney, why the hell haven't we
heard about this before? This ChampPlan? Well, it's been around for
a long time and one of theone of the people that is on it.
And we have a list of companiesthat are already on it, and

(57:39):
one of them is the Pickley WigglyStores. And who do you sell to?
I go to businesses, any anybusiness that wants to save the money.
But here's what I want to know. They say, it's a self

(58:00):
funded employer sponsored health supplement plan.Okay. It supplements traditional medical insurance so
they can carry They not only savedoing this, but they save on medical
insurance because they can get plans withhigher deductibles and stuff right right right,

(58:20):
rod. And it covers preventive servicesfor adults eighteen and nog and we have
preventive services for women. Okay,I need to get someone on from your
company to talk about this on myshow to do that, and listen,
I'm not trying to trick them.I'm truly trying to I'm looking this up

(58:42):
and there's nothing there. It's all. This is also called a qualified Section
one twenty five plan. Have youheard it called that? Yes, it's
funded by employees. They take outnow employees have to up and pay for
it with pre tax dollars and thenthe company. Because they're saving the money,

(59:07):
they pay back the money that theemployer pays employee pays whether But that's
why there is actually no out ofpocket cost for anyone employee. Okay,
listen, man Rodney, leave yourcontact information and then tell us who we
can call at your company to findout more about this. No, I'm

(59:29):
serious when I tell you this.I very seldom hear new stuff, and
it does sound. It sound asscammy at first, and then all of
a sudden, bingo, I hearsomething like this. We got more coming
right up. Go with a surething Denver's Best roofer Excel Roofing dot com.

(59:53):
You don't pay a cent until you'recontent. Time for an insurance check
up free, no obligation. Incomparison, call Compass Insurance paying too much
your coverage at dozens of insurance companiesfind out now three all three seven to
seven to one. Help. You'llthink you're his only customer when you choose
Frank durand the Real estate Man dotcom to list your home with Remax Alliance

(01:00:16):
three all three nine two zero sixteentwenty two. Hey Tom Martino, you're
troubleshooter. The more I'm reading aboutthis plan one twenty five plan, this
Champ plan, the more incredible itsounds. For I would say, you

(01:00:37):
got you know, medium to largecompanies. The government has established us.
I knew nothing about it. Thegovernment establishes it. It's kind of like
a medical savings account, but it'ssponsored by the company. Employees put money
away pre tax to supplement their healthinsurance, and then on top of that,

(01:01:07):
the employer gets a credit for implementingthis plan up to five hundred dollars
per employee or more. No,seriously, if you have one hundred employees,
think about that. Put the zero'sin the right place. That's fifty

(01:01:29):
grand, right, I mean,that's better, as they say, than
a hot stick in the face.Also, I'm asking you to find out
why I've been banned from TikTok.I need a TikTok expert. So if
you have a fourteen year old,let me know, have them call me.

(01:01:50):
Anybody who's an expert on TikTok.Seriously look them up, Kachina.
I want to find an expert.Let me see if I can get my
daughter on okay, or or wecould like get a firm that calls themselves
a social media expert and some ofthem actually call themselves TikTok experts. And

(01:02:10):
again people have asked me, andI've said it before, but I'll say
it again because I'm getting the inquirieson my texting. You can text,
I should give that number one.You can text five seven seven three nine.
By the way, five seven seventhirty nine. That is our text,
okay. And anyway, they've askedme to tell them about the videos.

(01:02:36):
I'll do that coming up. Therewere specific videos that I did for
TikTok O. Well no, no, not just for TikTok. I did
them on other platforms, never hada problem. But on TikTok boom Band.
I don't understand it, folks.I don't know which one triggered it,
but that's what happened to me.So can someone tell me why?

(01:02:59):
Anyway? Meanwhile, your calls threeoh three seven one three talk three oh
three seven one three eight two fivefive. If you need help information referrals,
give me a call. We havemore coming up, and I want
to tell you about frankaranderealestate man dotcom, who does free market valuations of
your home and in this market,that's what you need. It is absolutely

(01:03:20):
no gimmick. He will give youa complete analysis of your home, what
it will sell for, what youwill clear, and what you can buy,
all free of charge. Three ohthree nine two zero sixteen twenty two.
Francd around the real estate Man dotcom. Go with a sure thing
Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're

(01:03:42):
content. Time for an insurance checkup free, no obligation. In comparison,
call Compass Insurance paying too much yourcoverage at dozens of insurance companies find
out now three oh three seven toseven to one. Help. You'll think
you're his only customer when you choosefor durand the real Estate Man dot com
to list your home with Remax Alliancethree oh three nine two zero sixteen twenty

(01:04:05):
two. Hey Tom Martino here threethree seven to one to three talks seven
one three eight five. I'm gettinga lot of feedback about the TikTok.
I got some texts. I gotan email from Deputy Chopper. Okay,
first Deputy Chopper, what are youkidding me? I did not I'm not
underage. There could be an overage. Who knows what? Anyway? Impersonating

(01:04:29):
another person. No showing real worldviolence or torture. I hadn't planned on
doing that right now. I wasgonna wait and then sharing inappropriate content that
promotes bullying, drugs, alcohol,nudity. Well, I did do my
post naked. I forgot to tellyou guys that I was naked sitting on

(01:04:50):
the desk, but I had mylegs crossed, so that could be the
reason. Violent or graphic. Ofcourse it wasn't spam. I don't know
misinformation. You know you could disagreewith me on stuff network marketing. No
having kids in your content? Whatare you kidding me? I see people
with their kids and their content everysingle day. What the hell you have

(01:05:13):
to tell them? What I toldyou? Hayley told me to tell you
shut up. So she gets Katschinacalorie, She gets her daughter on as
an or talks to her daughter offthe air as an expert, and the
daughter says, first of all thatone of the reasons could be that the
accounts set idle for so long andthen all of a sudden I started posting,

(01:05:35):
so it was suspended. Now youwould think once I start posting it,
I would think, good, hestarted using it. But that could
be suspicious. The next thing thatwas suspicious or not suspicious, but she
had the expert, had to say. The TikTok expert Katschina Calorie's daughter,
so I'll call her Kachina light.She said, I'm too old for TikTok

(01:05:58):
and she'd go to reels on Instagram. Well, thank her for her expertise.
Now, I I do agree,by the way, that I think
it's stupid when you go on TikTokand see these old farts trying to dance
and sing like the youngins. Youknow, I mean, come on,
I mean truly, you have toknow when to fold them right. You

(01:06:20):
gotta know it. Hold on,hold on, that's not exactly what she
said. She said I'm too old. No, she did not. She
said, at his age, itwould probably be more apt to use reels
on Instagram. Well, okay,then interpret that for me, dragon,

(01:06:41):
Dragon? Would you interpret that forme? Your old ass needs to use
a simpler program. It's not theprogram she meant. She meant the audience
right, did both good? TheInstagram is atle bit easier. You don't
think I'm technical. You don't thinkI'm technological? What are you kidding me?
Come on, push buttons. Here'sthe other thing. Here's the other

(01:07:02):
thing. I just want to saythat I do agree that TikTok, but
I don't go on there and danceand sing and do that crap. I
went on there and gave consumer information. I thought, hey, that's pretty
credible if people want to learn something. But maybe it's not the form for
me. Maybe I should just giveit up. I don't know. I
want an opinion. I'm Tom Martinez. We have more coming up. Get

(01:07:24):
your calls in okay, three ohthree seven to one three talk Go with
a sure thing Denver's Best roofer ExcelRoofing dot com. You don't pay a
cent until you're contenth Please time foran insurance check up free, no obligation.
In comparison, call Compass Insurance payingtoo much your coverage at dozens of

(01:07:45):
insurance companies find out now three ohthree seven to seven to one help.
You'll think you're his only customer whenyou choose Frank durand the real estate Man
dot com to list your home withRemax Alliance three oh three nine two zero
sixteen twenty two. Yeah, realdum, What hadn't you didn't need advice?

(01:08:09):
So you don't have the come runningjust as as as we can.
Shooter's gonna help come man Dix isthe Troubleshooter Show. No Tom Martino.
Hey, I'm Tom Martino. Welcometo the show. Let's talk three all

(01:08:30):
three seven one three talk three allthree seven one three eight two five five.
So a few things we've been discussingtoday, and one was the section
one twenty five plan that a callerbrought up. When I asked, it's
for the hell of it, whatdo you do for a living? He
says, I sell these plans tocompanies and or I get them signed up.
And apparently these companies have no cluethey can save money on this and

(01:08:55):
do do supplements for health insurance andall that crap. Anyway, so hey,
by the way, Kaschina, isthis okay? Kyle's different than I'm
sorry, Kyle's different than Rodny.Rodney's the one that called about this.
He's eighty five years old. Hesaid, Y, I work, I
still work. And he had calledoriginally about signing his house over to his

(01:09:19):
kid to avoid probate, and Itold him bad idea, to a beneficiary
deed instead. So you get thestepped up basis on your house and if
guys ever need add accurate information,please call me on it. There's so
much misinformation on inheritance and on astate law. But anyway, let's talk

(01:09:39):
about this. Then he talked aboutthis plan. I'm trying to get some
experts on about it. But lookit up. It's not a scam Section
one twenty five plan. You literallycan have a plan for your company where
your employees put money into a taxsaving like a health savings account. It's

(01:10:02):
not an FSA. Okay, justkeep that in mind. It's not an
FSA. It is truly something different, and then you get credit when your
employees go on it as well,so there's no out of pocket expense.
I mean, it's just incredible tome. It's really incredible to me,

(01:10:24):
and we're going to try to findout more about that. I don't know
if John Jones knows about it atInteger Insurance, but they bill it as
John Jones Seniors on Good Things,Good China. So John Jones, uh,
do you know about a Section onetwenty five plan? They bill it
as a supplement to health insurance selffunded by employees with pre tax money.

(01:10:46):
Do you know about it? Tom, when the Affordable Care Act was passed,
I know there were ways, andthere was through a Section one twenty
five, and the state took avery dim view of it back then,
where they were trying to sell nonqualified health insurance plans to employee groups in

(01:11:10):
the state at one time, andthe outlaw these you know, these particular
type of plans. Well, Idon't know how you outlaw them. They're
a federal government plan, understand,But I mean, how does the state
say we don't want the federal governmentto offer place. It's like outlawing a
four oh one K understand, Butthe state did not warrant because of the
Affordable Care Act. They took avery dim view of it. So I

(01:11:32):
have cared about them. What's happenedto them? No, I haven't heard
anything about them in the last fiveor six years. Probably okay, because
they're not billing it as a substitutefor health insurance. Understand They're billing it
as a supplement to health insurance.Yeah, for high deductibles and all that.

(01:11:56):
But it sounds to me a lotlike an FSA. But it's not.
That's correct, but I mean it'scompletely different. I don't know,
Man, I'm fascinated by it,but in any case, I don't know
as much as you do. Haveyou ever have you ever heard of people

(01:12:16):
doing it? No? I meanthere was a group out of Utah that
we had taken a look at onceagain, this was six seven years ago,
and they referred to it as aSection one five to allow us to
get around the exemptions of the stateto go out here. Here's what it

(01:12:38):
says. Here's what it says.Under the law, employees can choose from
a variety of benefits to pay forthese benefits on a pre tax basis.
This includes health insurance premiums, qualifiedout of pocket medical expenses, and even
daycare, and it's paid for itfrom the Section one twenty five plan.
It is not the same as anf say by the way, I'm adding

(01:13:00):
those words. Here's what it says. In fasay is a specific type of
an account that falls under the umbrellaof a Section one twenty five. It
is another kind of one twenty fivewhere you contribute pre tax dollars and eligible
for healthcare expenses like cope's deductibles,prescriptions, dental care. What I don't

(01:13:25):
understand is this employee employer credit foreach employee that signs up. The federal
government gives them an incredible credit foreach employee I mean like five hundred dollars
each. Yeah, that's what Iheard when you were telling I've never heard
of that. Yeah. Okay,well, thank you. We didn't get
you on just for that. Wealso have another one. Kyle had called

(01:13:47):
in yesterday, and basically what Iwant to ask you is this, Well,
since since all plan bes is thatwhat they're called for drugs? John,
are you asking me? Are you'reasking cal when you say I'm asking
you John? A plan? Isthat what they call these? I mean

(01:14:11):
you're you have a you have acode pay, you have covered expenses,
whether it be formulary or non formulary, depending on the plan you have.
Okay, but D is a drugplan. Okay, that's that's like you
have any Medicare Part D plan,right, because you're on original Medicare.
I get it. I get it, And that part deep and pays for

(01:14:32):
certain drugs and certain copays and certainthings a certain right, So that plan
D. Are they all the same, John? Or can you get a
D that white pay one hundred percentfor one drug and not pay for another
Okay, to give you an examplereal quick, Tom, because particularly drug
that Kyle was talking about yesterday.I'm not talking about Kyle right now,

(01:14:56):
as I always like to do first, and then we'll go to Kyle.
I just want to talk in generalities. Are all Plan d's the same or
can you literally shop for ones thatcover different things? You can shop for
ones that cover different things to anopen enrollment. But why wouldn't all d's
cover the same approved drugs? Imean, I don't understand that part of

(01:15:17):
it. Why is it just thatthey don't want to pay for certain things?
Every depending on the tier, hasto have at least two drugs covered
by Medicare. So in his casehe has well going back with down talking
about Kyle, No, we cantalk about him in a minute here.
I just wanted to know in general, not all d's, even though they

(01:15:42):
all play by the same Medicare rules, they different d's will cover different things.
Correct, Okay, Now in hisparticular case, Kyle and anyone on
Medicare advantage, do they also requirea Plan D or is that built in
most of the plans where I haveMedicare D plans are rebuilt in Okay,

(01:16:03):
and in his case, he hasMedicare advantage and he switched from United to
Umana and he says under the newplan, his his inhaler is only partially
covered and he has to make acopay and he's upset because he said United

(01:16:24):
used to cover it one and hesaid both companies aren't they supposed to do
exactly the same? Go ahead?No, No, because what Human has
done is they've taken that particular drugand they've now raised as a Tier three.
So that's why his copay is higher. But why is it? John?

(01:16:47):
A quick question, and this iswhat some textures have asked me the
same thing. Why would one companycall it one tier and another company call
it another tier? Isn't it Medicareitself that decides the tiers? No?
Okay, a company can sidne whattier they want to put in. They

(01:17:08):
can change that tier at anytime inthe in a calendar year, so you
can start off maybe tier two,and am I go up to tier three?
Can they decide not to cover itat all? No? If it's
a formulary style drug, then theywould have to appeal that through Medicare.
For whatever reason they decided not tocover that particular drug. So, Kyle

(01:17:30):
Medical, what do you have aquestion for? John Jones? He's quite
well versed in this stuff, man, he's really good. I sent John
all my information, right, Sowhat is your question though, because John,
you don't see anything inappropriate going on? No. The only thing and
what I told Kyle when I spokewith you yesterday, and he's doing everything
right. He's trying to get anexemption, and he's contacted Humana and he's

(01:17:56):
trying to get an exemption. Andhis doctor, now I guess, has
got whatever forms he needs to fillout to say if they can bring that
back to a tier two because Ithink Kyle told me they had now raged
a tier three. Now why woulda company? Why would a company?
And if they did it for Kyle, would they have to do it for
everyone? Sure? Well, whywould they do that? I mean it

(01:18:20):
seems to me they're saving money bymaking him make a copay. Why would
they change that? See if thatcope is gone tremendously out from what Kyle
told me versus what he was payingwith you United, right, Well,
what I'm saying, That's what I'masking you though, What incentive would an
insurance company have to grant an exemption. Then I don't know. I mean,

(01:18:45):
he's got that white just like he'sgot the right to go with mine,
get it. But what I'm tellinghim is he's wasting his time.
They're not going to change. I'venever heard an insurance company under an appeal
change their mind ever. I nevermaybe you have, John, I've never
heard of it before. Well,to give you an example real quick too,

(01:19:06):
Tom, because the exact same drugthat Kyle was taken, they had
to get on it. My wife. Oh and when she filled out that
drug cost over at King Supers,it was fifty seven dollars. Okay,
Yeah, Then she came back.She didn't have time to check, but

(01:19:29):
she came back and looked at itthrough other preferred pharmacies that we have on
our plan, and she could getthat drug for as low as twenty one
dollars through another pharmacy at another store. So in Kyle's case, Kyle,
and correct me if I'm wrong.Kyle, you want to do a mail
order and that's where they've charged youthe higher price. You mean he could

(01:19:56):
go to a drug store and savemoney a pharmacy. No, Now that
he's going to have to call andkey Mantle on that and see if there's
any of the carriers any other pharmaciesunder his medicare advantaged plans where he could
became old maybe selling money on thatdrug. All right, now hold on
us. So Kyle, who youknow? I would continue to work with

(01:20:16):
John Jones. He's wonderful an integerinsurance. But John, I need to
take this break. But I wantto hold you over to ask you a
question. Plus we have Davon whowants to add to this comment or talk
about also the other guy, Rodney, who was selling this section one twenty
five plans. So hang on,I'm Tom Martino three oho three seven one

(01:20:41):
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(01:21:08):
com. You don't pay a centuntil you're contenth time for an insurance check
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(01:21:31):
three nine two zero sixteen twenty two. Hi Tom Martino, your troubleshooter three
oh three seven one three talks sevenone three eight two five to five.
Dave has a comment on the sectionone twenty five plan that we've been talking
about as well as health insurance andUH anyway, Dave, go ahead.

(01:21:55):
We were discussing this plan that wasfirst brought up by a caller about UH
pre tax money being put away tosupplement health costs and how employers can get
credits for it. Go ahead,Dave, Yeah, So Tom, I
hope you're doing well. So I'minvolved in a plan. I'm not sure

(01:22:15):
if it's the same one of theother guy's dealing with. But our plan
is a wellness plan, and soemployers can install this at a zero net
cost to the employer. The employeesreceive a forty point award winning wellness program

(01:22:36):
that covers physical, mental, financial, and family health. Does it replace
health insurance or is it a supplement? No? No, no, it's
one of the requirements is they haveto have a group health plan in place.
Okay, so, and we're notlooking to replace that. But the

(01:22:58):
wellness program. Part of the financialbenefits is the employees received at a zero
net cost to them a permanent,guaranteed issue life insurance policy with cash value
and living benefits. But how dothey get this that net zero can cost?

(01:23:20):
Okay, So the benefits are paidfor through payroll by the employees and
it's it comes from FIGHTA savings.So that's where the employer is saving on
average five hundred and it can goup to as much as one thousand dollars.
Why is there a fight credit Whybecause it combines a couple of things.

(01:23:44):
The section one twenty five, thesection one oh five and the section
two thirteen D and those are IRScodes. Now, the last Gentleman was
talking about these being out several yearsand the states were frowning them. It
was actually the IRS that was frowningupon them. And so what happened was
these companies were out there hawking thesewellness programs and they were matching them with

(01:24:10):
indemnity type of health plans, andthe IRS was saying, look, you're
double dipping here with the indemnity program. You know, if you go to
the doctor, let's say, anddon't use the entire amount of that indemnity
benefit, the employees would receive thedifference in the payout of the benefit versus

(01:24:33):
what was charged. And they weren'tpaying taxes on it. So the IRS
had frowned upon it. Now there'snon compliant programs that the IRS came after,
and then there's compliant programs, whichthis is. So what it kind
of combines an HR So the employercan reimburse the cost of that of this

(01:25:00):
of this benefit. So the employeestheir net pay prior to installation of the
program does not change after the programis installed, so their net pay does
not change. But if so,it's okay theoretically the theoretically the employee is
paying for it out of their paycheck, but they're getting reimbursed. Absolutely,

(01:25:27):
Yeah, who reimburses them. Theemployer reimburses them to the degree that whatever
is being charged. So and doesthe employer make money as well? They
save money and and and yes,they make money. Because it's a bottom

(01:25:49):
line savings, okay, and it'sa safe So when I if I show
that I have one hundred employees,let's say, on this plan, I
pay so much less for my FIKAexactly. Yes. And is that the
government's way of incentivizing this, Yes, it's it came out as part of

(01:26:15):
the ACA plan. And and butwhy don't others? Why don't all corporations
take advantage of this? A lotof them don't know about it. Now
here's another question I have. Doyou have to have a certain participation level?
Do all employees have to agree toit? In other words, if
I had one hundred employees and onlyone or two of them used it,

(01:26:40):
would I still get incentives on thoseemployees. Yes, you would. However,
in most companies now with their healthinsurance plans, there is a wellness
program in many of these group healthand insurance plans, but it's costing the
employer something, okay. And withour wellness program and also the participation level,

(01:27:09):
would the employees that you just mentionedwith a typical wellness program offered through
their health insurance, we're seeing thatparticipation is like twenty percent of the company
with our plan we're seeing over aninety percent participation rate. Why is yours
different? Because of the benefits thatare involved. You think about a lot

(01:27:31):
of these companies and just look aroundyour station. You know, there's some
people out there that may have medicalissues that they cannot get a life insurance
policy. Now within work benefits,there's typically a term life insurance policy that's
offered through the company, but whenthey leave the company, that term policy

(01:27:59):
ends with this program, that permanentlife insurance can go with the employer.
And when you say, when yousay this program, what is this?
It's called the Oasis three sixty Wellnessprogram, So so basically it's not part
of the Champ. So you guysall give your own names to these programs,

(01:28:23):
right, yes, I would thinkso, yes, there are.
In other words, in other words, that's what i' that's what I'm finding.
I'm finding these companies are taking theseplans, this one twenty five plan,
and they're putting their own spin onit. You're putting Oasis on it,
and the Champ those people whoever theyare, they put the Champ name

(01:28:45):
on it. It's actually a sectionone twenty five plan. And you guys
have figured out a way, AndI'm not saying this in a negative way
to capitalize on it exactly and doingit in a compliance way. No,
I get it. I get it. So let me ask you straight up,
then, does a company like yourscompete with a company like Integra Insurance?

(01:29:13):
You? Actually, they would be. They would be a great partner
for somebody like me. Okay,it would be a fantastic partner for somebody.
So what you're looking So you're sayingany company that offers a health insurance
plan would lose nothing by offering thisas well. Yeah, there's no downside

(01:29:34):
to it because it doesn't cost itdoesn't cost the employer any money to install
the program and the employee. They'rejust adding benefits. And they're adding some
benefits that can help with hiring andretaining employees, which is such a critical
Uh No, No, I getit. So yours the guy that called

(01:29:55):
before, the older guy. Heworked for Champ, You work for Oasis.
How many other companies are out therepeddling this? I don't have an
answer to that, Tom. Igot involved with this several months ago with
well, Dave, Dave, areyou the Dave? Are you the Dave?
I've talked to in the past.Yes, I am, yeah,
the pilot. Dave. No,I'm not a pilot. No, okay,

(01:30:19):
then I'm confusing your voice. Nevermind, I mean, I mean
that's okay. So what have wetalked about in the past. We've talked
about tax mitigation, right right?Leave leave your contact information with me,
Dave. Thank you very much.I want to go back to John Jones.
I let me ask you Dragon,I need to take this break,
right Is this the thirty break comingup? Oh? Kay, let me

(01:30:41):
do this John, hang on,we got more and leave your contact information
Dave for Kachina to get that tome. I appreciate it, and then
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customer when you choose Frank durand thereal estate Man dot com to list your
home with Remax Alliance three oh threenine two zero sixteen twenty two. I'm
I'm just going to say this rightnow. If Trump asked me to be
his running mate, I will notdo it, not because of him,
but because I just don't want tobe anybody's running me. All right?

(01:32:10):
Would you make a note of thatdragon, So yeah, I'll write that
down. If the requests come in, would you like, you know,
just tell them tongue will not beJohn Jones, Trump Senior with a Tiger
Insurance group. God, I've knownthem for years. They do health insurance.
John, you heard Dave. NowI'm getting the gist of this thing.

(01:32:30):
Now I'm getting the gist of thisThe five twenty excuse me, the
one twenty five plan is part ofthe government plan. By the way,
an FSSAY is part of that,but they moved away from fssays and they're
doing more of these integrated wellness programsand they give it a brand name,
they give it a label, andthey go and sell it to companies.

(01:32:50):
But from everything I see it isit is not a scam and it can
help. I mean, it can'thurt, and it doesn't substitute health insurance.
After what you've heard, John,did you feel a little differently about
it or what. I'm not tryingto get you to endorse it. I'm
just asking your honest to god opinion. Now, I think it sounds perfectly

(01:33:13):
honest with what he explained. Andhow's he explaining. There's just a supplement.
And I heard you ask does thishurt the integer group? No,
it doesn't hurts one bit. Youcan't. It's not a substitute for health
insurance. No, now, andthat's what he said. You still have
to have a group health plan inorder to get this particular type of plan.

(01:33:36):
And really that is what I wantedto know as far as that goes.
So, John, another thing yousent me an email, and by
the way, you do have permissionto talk about this because it doesn't affect
just me, I imagine. Butyou said that basically things are changing when
it comes to supplements. Is thatright what I said to you, Tom,

(01:34:02):
You and I being on original medicare. Yes, we can shop our
plans anytime during the year. We'renot. You means the supplement plans we
can shop. Yeah, we're notlimited to like the open enrollment between October
fifteenth and December seventh. Yeah.So in your case when we took a

(01:34:23):
look, because I told you Iwould take a look. Yeah, in
your particular case, you know,with your surgeries you've had, they're all
done now, so you'd have togo through underwriting. But there's a good
chance that we could get you throughunderwriting in order to lower the premium on

(01:34:43):
your plan that you now, Thisis why I'm asking about it, not
just for me, for those listening. If they ever want to shop a
supplement and they have to go throughunderwriting, the burning question is this,
what if they get turned down?Will they then be unable to go back
to what they had? No,we'd always tell them, don't you dare

(01:35:06):
drop that plan until we know you'vebeen approved, and are the supplements that
you shop relatively the same. Inother words, are all we talked about
D plans being different? Can g'sor supplement plans be different. No,
they're all standardized from carrier to carrier. If they're standardized, my question to

(01:35:28):
you is why would one be somore expensive than the other. It's up
to the insurance company. It dependsbecause all the insurance companies, their box
of business are based on ZIP codeslike eight hundred eight oh one eighth two
eighto. So okay, what you'resaying is this, if you can get
a Plan G for one hundred andfifty bucks a month, or you get
a Plan G for one hundred andeighty nine bucks a month, they're both

(01:35:51):
going to be the same. Takethe cheaper one. As long as that
carrier has a good reputation, theyhave a good block built up in order
to shield that person from potential rateincreases. Okay, okay, so you
know we're in an attained age rightto state, Tom, so I can't

(01:36:11):
help that part your rates. Yourrate's going to go up every year because
you're getting older. Well, everyonedoes, right, Everyone who gets older
has higher rates. Yes, sothey also depending on the claims that are
fouled in your particular block or inthat particular area that you're in. Could
they adjust for claim Sure, theycould adjust for claims also on top of

(01:36:33):
your attained age, right increase.So my, if I did an application,
or anyone listening does a new applicationfor a new supplement in an effort
to shave some money off the monthlypayment. If they do that and they're
turned down, they still don't theyas long as they don't cancel their previous

(01:36:57):
one. Their previous one has tostay in effect. Correct, and does
the new company look at the applicantand say, wait a minute, this
guy has a ton of claims andrate him differently or heard differently. They
can be right us depending on thecarrier. Yes, so the premium that's
quoted for a particular company does notnecessarily apply until you actually get approved.

(01:37:26):
That is correct, And that premiumcould be higher in the long run.
So what looks to be a savingscould end up being the same. That's
correct. But obviously we'd be incontact with our clients to make sure they
know that. Okay, if there'sa potential write up here due to a
pre existing condition. Now I'm goingto tell you something I believe that everyone

(01:37:46):
listening can benefit from the idea thatthey don't have to wait for open enrollment.
That right there is good information.John and Tiger Insurance Group, Thank
you very much. Three zero three. Hey, Yeah, did you have
some Oh? I thought you hadsomething else thembro on Thank you John,
three oh three seven one. I'veheard their number. Three oh three four
six six fifty five hundred. Wehave more coming right up. Go with

(01:38:13):
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(01:38:34):
you choose Frank durand the real estateMan dot com to list your home with
Remax Alliance three oh three nine twozero sixteen twenty two. Hi Tom Martino
here, three oh three seven onethree talk wrapping up another hour. We
have another hour to go. Iwant you to get your calls in at

(01:38:57):
three o three seven one three talkthree oh three seven one three eight,
two five five. Have you noticedour obsession with old rock bands and rock
stars? On YouTube? They're askingif we're gonna go see Steve Miller.
I wouldn't walk across the street toSteve Ceve Miller to see him. Now,
these guys are not that old.But I wouldn't walk across the street

(01:39:18):
to see Dave Miller band or hootingin the Blowfish. I couldn't be more
bored now. The Stones, yeah, even though they're ancient, they look
and balmbed. I'd go see himfor sure. And then newer bands.
Why is it that we're obsessed withold rockers? I mean some of them

(01:39:40):
as to God, you know,you got to give him credit because I
thought they were dead years ago andthey're still alive. So in any case,
what good concerts are coming this yearthat you would go to? What
about so Dave says bare naked ladies? Okay? And then what would you
like? Who'd you like to see? Dragon? I got burned out on

(01:40:03):
concerts. My first position here inthe building for over a year and a
half was the working promotion, soI did like three or four concerts a
week. So I've I've been soburned out on all of them. I'm
I'd just rather not this day.Yeah, you know what, I love
music. I love music. Youcan listen to it without going to a

(01:40:23):
concert, but there is something electrifyingabout a good concert. You know,
my kids are obsessed with twenty onePilots and I just don't get it.
Okay, you got two people onstage with electronic music. The drummer's pretty
incredible. He's pretty good. Imean, uh, you know who?
I loved seeing Blink one. Goddid they put on a good show.

(01:40:46):
I always thought weird Al would bepretty fun to go too, too,
because he's got he crosses so manydifferent genres and he's just having a good
old time. I'll tell you someonethat if I went to see I may
be close to Sue Side. Who'sthe guy that sings Short People? Randy
Newman? Oh my god, Icould not think of anyone I would less

(01:41:13):
rather see than Randy Newman. Doyou like him? I like Short People?
That's his voice a song. OhGod, everything about him makes me
sick. But on the other hand, weird Al, I would never go
see him. Would you actually takeyou? Yeah? It's a parody of

(01:41:33):
the most popular songs. I likethe parodies. I just wouldn't go.
I wouldn't go see him. Andfrom what I'm told, he there's a
ton of costume changes. It's awhole performance and everything. Really, Paul
McCartney, he just stands there foryou know, ninety minutes. I saw
Paul McCartney. He was great.You know what shocks me is on most

(01:41:55):
concerts I've seen McCartney, he alwaysstarted with the Beatles song, which is
weird. I mean, I guesswhy not, Well, I know,
but I mean, yeah, Iliked it, But he has so many
other things. Sting was good.Uh, the Eagles were great. Oh
man, they were great. Anyway, who's coming here this year? We

(01:42:15):
got more coming up. Give mea call three oh three seven one,
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(01:42:35):
Please time for an insurance check upfree, no obligation in comparison, call
Compass Insurance paying too much your coverageat dozens of insurance companies. Find out
now three oh three, seven toseven to one. Help. You'll think
you're his only customer when you chooseFrank durand the real estate man dot com
to list your home with Remax Alliancethree oh three nine two zero sixteen twenty

(01:42:58):
two ripped dum news. Need adviceso you don't happen. You come running.
It's just as fast as you can. Shooter's gonna help come MANX is

(01:43:18):
the Troubleshooter Show. Now, TomMartino, Hey, Tom Martino here,
Welcome to the show. Three ohthree seven one three talks seven one three
eight two five five in our finalhour. You can give us a call
if you want to talk. Threeoh three seven one three talk, or
you can call three oh three Martinothree O three six two seven eight four

(01:43:43):
sixty six. What's happening in yourlife? There's a lot going on that
I'd love to tell you about.First, nobody knows why I got banned
from TikTok, but I think thatKachina Colori's daughter, self professed TikTok expert,
thought it's because my account was soinactive for so many years. Then
all of a sudden, I startedposting. I posted three videos and then

(01:44:05):
I was banned. Well say banded. I can't even log on, it
said, suspended. So I openeda new account and now I'm going to
try it again see what happens.But I don't know why they would be
my videos. I don't think we'recontroversial enough, not compared to the crap
that's on there. Have you heardof the AI? Not chat bot,

(01:44:27):
but the AI? You ready forthis dragon? Listen to this one,
Kachina The AI death Calculator. Oohthat sounds fun. Oh my god,
it's true. What they do isthey have you answer a series of questions

(01:44:48):
like, for example, thanks,like like how often do you consume alcohol,
do you smoke? When did youstart? How often? Blood pressure
medications? Age? Of course,how many times you work out? Based
on the information you provide, itsays this, the death Calculator predicts your

(01:45:12):
expiration date will be September one,nineteen or twenty eighty two. However,
it's important to remember that this isjust a projection. You may die suddenly
and sooner. Anyway, here's whatthey're saying. Some of the people that
put stuff in here so far,or people have put it in about their
older relatives. It's been eerie howaccurate it is. The AI Death Calculator.

(01:45:43):
Go download it and by the way, guess where it's talked about,
yeah, and they're not getting bannedTikTok. But here it's called you want
to know what, it's called lifetwo vec vec Whatever the hell that would
that even mean? Life to vec? Anyway, this is the warning about

(01:46:08):
it. Some people looked into thisapp and said that it's getting all kinds
of people who are dying of curiosity, right, dying from curiosity. So
they're downloading it and they're using it. But what do you think, give
me a guess. What do youthink the real reason behind this is m

(01:46:31):
it's an information stealer. You arethinking, well, this is fun.
I just want to see this deathcalculator. But what happens is it's spying
on you, and it starts askingthose generalized questions and then they get more
specific and they say it's one ofthe biggest scams, phishing scams, but

(01:46:57):
people or schemes or whatever. Butpeople are not hipped to it because they
think, oh, I'm just goingto find out when I'm going to die.
I think this is fun, thisis interesting, when really what's happening
is they're stealing information. But thesequestions are insidious. At first, they
start out with just general questions abouthealth and then get more specific even about

(01:47:21):
medications and stuff. Now for thefirst time ever, and this one shocked
me. And I want to askwhat do you think the reason is?
Is Kachina on the phone? BecauseI want to ask her? Now I'm
here, what's up? I wantto ask you. I want to ask
you what do you think The reasonfor this is? McDonald's has posted the

(01:47:42):
first ever miss of earnings. Theirearnings are not up anymore. For the
first time, they make you knowwhat profit? You know what earnings are?
Right? They announced their earnings.First, they announced what they expect
to earn. Then they announced ifthey missed the earnings or did better than
the earnings. With this economy forthe last few years, we've been having

(01:48:06):
people or companies that pretty much increaseyear after year except fast food Right now,
what do you think the main reasonis? Come on supply and demand,
no cost of labor wages here,wages have gotten so out of hand.
They say that fast service foods,what a lot of people just called

(01:48:28):
fast foods are going to not onlymiss their quarterly profit estimates, but may
very well start to see a decline. Right, And didn't they just announce
that they were going to introduce anew big Burger or something. Dragon didn't
mention something like that. What theyhave to do, And I think here's

(01:48:50):
what they're trying to do. They'retrying to give a perception of value because
of the money they have to spend. But I think the days are going
about that. That what a happymeal? What are you kidding me?
It's a retirement meal for those workingthere. Now. You know, minimum
wage to begin with, and I'mserious about this, minimum wage was never

(01:49:14):
meant to be a career. Itwas meant to be exactly what it was
meant to be get people into theworkforce, give them a chance to work,
to learn, to feel it,to go to school, to do
whatever, and then move on.It was never meant to support a family,
never meant to, Honest to god, it was never meant to.

(01:49:35):
Not in the beginning. That's whythey called it a minimum wage. It
was more or less like an apprenticeshipor learning or even a paid internship.
Yeah. I know nowadays people,uh, what the new move to equalize
outcomes? Now everything should just stayin a family and everything should be be

(01:50:00):
okay. So it wasn't meant tobe in the beginning. But now what
you see lawmakers doing is justifying themminimum wage by saying, well, you
can't support a family of four withthis, Well, of course you can,
because it wasn't meant to be thatway. It was meant for people

(01:50:20):
entering into the workforce, so therewasn't too much burden on business, nor
was there too much burden on otheremployees. So you would start out and
then move up and move out.Sure, there are some people that come
back to work and have to takea minimum wage, but in our new

(01:50:43):
thought, new think of nowadays,our new think is everything should be equal.
Everyone should be able to support afamily, Everyone should be able to
retire the same. Everyone should beable to do this, everyone should be
able to afford that. And itjust doesn't work that way. It's it
was never meant to be that way. Ever, there are simply different outcomes.

(01:51:08):
That's what there is. As longas there's equal opportunity, we should
not be bothered with trying to makeequal outcomes. That's up to each and
every person. And that's the differencebetween equality and equity. There's a big
difference. Equality should be guaranteed.Equity is never guaranteed. Isn't it isn't

(01:51:34):
that logical? I mean, wouldn'tyou think that's logical? Anyway? We
have more coming up three oh threeseven one three talk, don't forget three
oh three Martino. You can calltwenty four to seven three O three sixty
seven go with a sure thing Denver'sbest roofer Excel Roofing dot com. You

(01:51:54):
don't pay a cent until you're content. Time for an insurance checkup free,
no obligation. In comparison, callCompass Insurance paying too much your coverage at
dozens of insurance companies find out nowthree oh three seven seven one help.
You'll think you're his only customer whenyou choose Frank durand the real estate Man
dot com to list your home withRemax Alliance three oh three nine two zero

(01:52:18):
sixteen twenty two. Hey, I'mTom Martino. Three O three seven one
three talk seven one three eight twofive five. JK, what's going on
with you? What's happening? JK? You there? Yeah? Can you

(01:52:43):
hear me? Yes? Sir?Now I can. What's going on?
Man? Oh? Great? Uh? I'll try to make this as as
quick and legible as possible. Itkind of goes off with your the AI
death calculator that you said is youknow, it's a tool to basically fish
for him. So I'm kind ofexperiencing something something similar with what I'm going

(01:53:04):
on, And I'll just start off. I have a a condition. It's
called a factor five and it isit's basically your your blood will just overcloth.
You know, there's pills and stuffthat take care of it, but
they classify that as an autoimmune disorderdiseases you want to call it. And

(01:53:25):
so my insurance company, I believethey've sold my info because now my company
that I work for is trying toget me to sign up for these autoimmune
classes, lectures, seminars. Youknow that I wish I had the info
in front of me. Maybe Ican provide at a later time. But

(01:53:47):
I wait a minute, JK.There's certain things covered by HIPPA, as
you know. But what I don'tunderstand completely is it you're inmplawyer doing this
or the health carrier for your employerright now. If there was a health
carrier by themselves, that's one thing. But the health carrier has gone to

(01:54:11):
my company because the emails are directlyfrom my company, which my company shouldn't
know anything about my health records,I guess in my opinion, But for
somehow it seems like that they foundsome bridge or a loophole where they're allowed
to kind of get in there.Basically, I think this thing is trying
to phish for me to sign upfor this stuff, so later down the

(01:54:33):
line, if I need to getinsurance down the road, they can use
that as a factor to cancel meout. Maybe I'm over JK. That's
not the reason. Because there's aninsurance database already about you. They are
allowed and do share medical information eachand every day, and that's just part

(01:54:54):
of the system when it comes tohealth insurance. Now, listen, it's
not necessarily they should not necessarily Imean share it with anyone else, but
insurance underwriters share that all the time. Once you start disclosing this information,
it's out there, not to youremployer, but it should be out there

(01:55:16):
too. For example, if youhad an addiction problem and it's part of
your it's part of your questionnaire,and you went to rehab blah blah blah,
all of that and health insurance coveredit, there's going to be a
record of that, and you're goingto be and you give a waiver every
single time you apply to health insurancethat this database you they share with a

(01:55:43):
database, and they get from adatabase and you agree to it. Okay,
Now they can't give that to youremployer. So it's a really delicate
or not delicate, but it's areally fine line meaning JK. Say,
they could, for example, withoutknowing why they're doing it, the health

(01:56:05):
insurance company could give general demographic informationthat you should go that we're going to
have alcohol and substance abuse classes,or we're going to have how to cope
with stress classes. If, however, they only offer you a specific class

(01:56:30):
based on something they found out aboutyou, that would be wrong. So
do you know what the circumstances arewhere you're really being hit up for this
stuff? Do you know you meancircumstances as to has how your employer?
Is it your employer offering you thisor is it the health carrier through your

(01:56:54):
employer? It's the health carrier hasgiven the info to my employer. How
do you know that employers? Baby, Well, there's because there's that's the
only way they could know that.They're no other way they would have to
they would have to get this informationfrom my medical provider in order to solicit

(01:57:15):
me directly. Well, here,I have another question, basically, al
JK. To clarify this. Ihave another question. How did the how
did the offer come to you togo to these autoimmune classes? How did
it come to you via a companyemail? Okay, but hold on,
hold on? Was it a companyemail specifically to you? But yeah?

(01:57:43):
And what did it say? That'swhy I can pull it up if you
have time. But yep, Iwant you to pull it up, and
I'll tell you why, Okay,because I want to know how it's worded,
because there is general information that theyare allowed to share, and I
want to know if they were cageythey say it's come to our attention,

(01:58:06):
blah blah blah, please sign upfor this or that. Deputy doc,
as far as I know, isoh, he's not in the studio.
That's why he's at home. Maybehe can text me or send me a
message. But I want to knowif health insurance is shared with employers.

(01:58:29):
In fact, we may want toget Integra back on too. Kachina,
It's worth it because this is prettyserious. If employers start making employees attend
classes or do some proactive stance basedon their health conditions. In fact,
I'd love to ask them about thatthree oh three seven one three talk seven
one three eight two five five,because to me, that would be improper.

(01:58:54):
So let's get let's get Integra backon, and then let's also talk.
Let's see who else would we talkto? Basically that would be it.
I want to know what they thinkabout this, and then I want
to see I want you to readthat email. Did you get it?
JK? I do? Yeah.If I read it to me, read
it exactly the way I came.Okay, it says did you know that?

(01:59:17):
As a insert the blank. Employee, your spouse and or dependence over
the age of eighteen can also signup for BLANK program for free. Blank
program uses nutrition and lifestyle coaching tohelp them reduce uncomfortable systems like fatigue,
joint pain, and bloating. Whetherthey've been diagnosed with an autoimmune condition or

(01:59:40):
not. Simply forward them this emailso they can use the link below.
Then it has to get started linkand then it has you know, here's
our services. What you can lookforward to. Advanced testing and diagnostic,
expert led personalized care, you know, telehealth, dedicated personal character that's all

(02:00:01):
provided by your employer, right,Well, that's yeah. I guess this
is the program that you're trying tosolicit me for, and you know,
and I want to believe it thatit has its best intentions. But I
believe if you know. But here'swhat I want to know. I want
to know if that went out toeveryone, because if it did, then
you don't have a leg to standon exactly. That's that was my next

(02:00:26):
topic. And because of HIPPA,I'm not allowed to really ask anybody else.
That's kind of that's a no,no, no, no, that's
not true at all. You canthat's not true at all, JK.
According to HIPPA, you can askanything you want of anyone and they can
choose whether to share it with you. But you don't tell me. You
can't ask. You could say toanother employee, did you get this email?

(02:00:48):
Ah, that's not a violation ofHIPPA. You're asking did you get
this email? Right? And ifthey did, but if you are the
only one, then I would havea serious question about HIPO violations. I
really would. But I'd like to, like I said, I'd like to

(02:01:11):
get Integra on. Let's see ifwe can get them on during the break
three O three seven one three Atwo five five, because if that's the
case, they might know about whatan employer can do or cannot do.
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(02:01:58):
Time for an insurance check up.No obligation in comparison call Compass Insurance paying
too much your coverage at dozens ofinsurance companies find out now three all three
seven seven to one help. You'llthink you're his only customer when you choose
Frank durand the Real estate Man dotcom to list your home with Remax Alliance
three oh three nine two zero sixteentwenty two. Hi Tom Martino, your

(02:02:23):
troubleshooter. From what I'm reading herewe couldn't get our expert on for health
insurance. But from what I'm reading, JK, they they can't. They
can't share your health information with youremployer. Now here's the real rub when
it comes to HIPPA. What doyou think I'm gonna say? Let's you

(02:02:46):
know, I always like to goto worst case scenario. Remember, for
argument's sake, let's go to worstcase scenario. Let's say that your health
insurance company did shair that with youremployer. By the way, you have
an employee that has an autoimmune disease. Here's his name. Maybe you want

(02:03:06):
to suggest some proactive care to reduceyour premiums. I don't know, I'm
just making that up. But let'ssay that happened. Okay, now what
now what? In other words,you don't get anything and nobody gets anything,
nothing, nothing. See, wehave so many laws that are there

(02:03:30):
to protect us. But then thequestion is, okay, now what what
are the palm I get exactly whatyou're saying. Yeah, but where where
is the boundary line? Where doesit start to become intrusive? You know
I pulled up Since since with thebreak, I've actually pulled up three other
emails and they hit me like threein a row on one day. And

(02:03:55):
you know, I mean, likeI said, I want to keep mine.
Have you been sick a lot?No? I haven't, not at
all. No, I'm fine.Like I said, it's very mild.
It's uh, you know, there'sproactive medication. I'm taking for it.
It's it's good. But somehow,somewhere, ever since then, this that
my medical provider has leaked this informationout to my company, so my company

(02:04:18):
can solicit me for this program thatthey run for whatever reasons. And you
know, if they're for my bestinterests okay, but I tend to think
it's not for my best interest.I tend to think it's for their best
interest. Well, it doesn't matterif it's See, the hippolaws don't address
whether you had a good reason toshare the information. It doesn't address that.

(02:04:42):
Now, one healthcare person to anothercould share the information if they had
concerns about your health and safety.Right see for example, if you displayed
if you displayed information to a doctor, he can consult an their doctor.
Now they may not want to useyour name and all of that. That
gets a little iffy. But here'sthe bottom line. There are civil penalties,

(02:05:10):
but they don't go to you.They're just civil penalties per violation,
and they range anywhere from a lowto around I don't know why this number
a low to around one hundred thisis what it says, one hundred and
thirty seven dollars to a high dependingon the violation of two million, sixty

(02:05:35):
seven thousand, eight hundred and thirteendollars. So they they gave that some
thought. I mean, there aresome very specific tiers here for violations.
I appreciate it. Here in phone, I'm going to take this to the
to a next level. My questionto you is what type of attorney would

(02:05:58):
That's a good question. And well, first of all, you see no
attorney, no attorney, And I'lltell you why, because you're not damaged.
Do you understand these civil penalties don'tgo to you. So, in
other words, why would you hirean attorney? Tell me why damage is
done? What damages? What?What? Now? Listen, hold on

(02:06:23):
if you were fired because of it, sure, but you don't have damages
right now, Jake's That's the pointI'm trying to make. And by the
way, I don't mean to dragout your discussion. Policy's Okay, Now,
if you're not hold on. Seenow you're mixing up apples and oranges.
If you're turned down for an insurancepolicy, that is not a hip

(02:06:47):
of violation. They are allowed toshare your information with other insurance companies and
other healthcare providers. They're not allowedto share it to people who don't have
any business in the business. Okay, but I see, and this is

(02:07:10):
what I think this company, thisI guess. But JK, just get
what I'm saying. What are yourdamages? You said I can't get health
insurance. That's not damage because you'redamaged by the fact that they all talk
to each other and you agree toit every time you apply. So that's
not a damage. If you gotfired, that would be a damage.
I can think of no other damagesthat would be apropos that would be not

(02:07:34):
appropriate, that would be connected tothe violation of HIPPA other than getting fired
or being ostracized. You know wherehippa originated, right, Not really,
It originated with the AIDS crisis becausepeople were being fired, people were being

(02:07:55):
let go, people were being discriminatedagainst. In the old days, there
was no HIPPA, I mean,out of common sense, A lot of
doctors wouldn't share information. But itwasn't until AIDS. It wasn't until AIDS
that they stepped up the enforcement sopeople would not be discriminated against. So

(02:08:16):
in those days, if somebody gotfired and they suspected it was because someone
told someone about the AIDS, thenyou could sue the hell out of them.
But that's not the case with you. Again, this disease doesn't carry
a stigma that would give you thatkind of damage. You don't have a
damage, so no attorney's going tohandle it. To answer your question,

(02:08:37):
however, there is a department youcan call so department, and it's a
federal government health and Human Services,And I'll even give you the number,
and you can file a complaint there. But again that complaint may or may
not result in a civil penalty,but not an award to you. That's

(02:08:58):
the important part of this. Iwant you to take away if I want
you to take away. I don'tknow why this echo is coming in on
a jagon, but anyway he mightbe on bluetooth. Here's the number eight
hundred three six eight ten nineteen.Eight hundred three six eight ten nineteen,
So that is for filing a complaintagainst the health insurance company for hippa,

(02:09:24):
not your company, but the healthinsurance company, and then they'll do an
investigation of that to see if thatif that company did it again, two
different things. A hip a violationfor civil penalties against the violator. And
then you have a civil lawsuit youwould take for personal injury for someone sharing,

(02:09:48):
but that would be if you werefired, ostracized, or somehow discriminated
against because of a medical condition.And you would have to find an attorney
to take that much less, likea malpractice attorney or a personal injury attorney.
But not one of them will takeit unless there are really major damages,
because the brain damage they would haveto do to prove a preponderance of

(02:10:13):
the evidence is extraordinary. I'm TomMartino. Premiere, by the way,
is the name of the best.That's why they call it Premiere Window cleaning
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(02:10:37):
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an insurance check up free, noobligation comparison call Compass Insurance. Pay too

(02:10:58):
much your coverage dozens of insurance companiesfind out now three all three seven to
seven to one help. You'll thinkyou're his only customer when you choose Frank
durand the real estate Man dot comto list your home with Remax Alliance three
all three nine two zero sixteen twentytwo by Tom Martino, you are troubleshooter

(02:11:18):
three oh three seven one three talksseven one three two five five. By
the way, Ideal Home Loans isthe only one with the interestate guarantee to
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Three oh three eight six seven seventhousand. Hip is probably one of
the most misunderstood concepts. We knowthat they should not share information, but

(02:11:39):
mostly it's civil finds and penalties,not a civil case for you against the
person who violated there is it's it'simpossible to No, I shouldn't say impossible,
it's near impossible to prove any kindof damages unless you were fired or
something concrete. You see, letme explain something for personal injury suits.

(02:12:03):
And by the way, emotional traumasconsidered personal injury. There's all kinds of
economic non economic. But here's thepoint about and this is really important about
personal injury because we get this callall the time. You never sue on
could should have? Would have it? Could have killed me? Would have
killed me? I could have.Everything has to be tied to a damage.

(02:12:24):
Every civil suit has to be tiedto a damage. If there is
no damage, there's no reason tobring the suit at all. First of
all, no attorney will take it. And second of all, no person's
going to pay for something if there'sno bread crumbs, or there are no
bread crumbs, or no pot ofgold or anything at the end of the
rainbow, why would you do it. So with a hip of violation,

(02:12:46):
you would have to show that thereis a violation that costs you. And
then that in and of itself isso difficult that the effort going into suing
for it very seldom comes to fruition. So you don't find attorneys to take
those. You don't find a lotof attorneys specializing in HIPPA lawsuits. However,

(02:13:09):
the government will go after a violator, for sure, they will if
truly they were violating hippa. Butall somebody has to say is it was
an oversight or mistake, and ifthey don't have a record of doing that
over and over and over, evencivil penalties are diminished or eliminated. So
hippa, while we love talking abouthippa, we don't have a lot of

(02:13:31):
teeth in hippa because it's not likeit used to be with AIDS. That
was the big deal. With AIDS, HIPPA was a big deal because people
were getting fired, people were gettingdiscriminated against. In fact people it would
be found out and somebody would spillthe beans and no one would go to

(02:13:52):
that dentist anymore. Let's say ifthere was a gay dentist and they thought
that dentist is HIV positive. Imean, there's all kinds of weird situations
that happened with age, which ledto people having to protect themselves in the
government. Rightly, so did aby the way, hippo laws for that

(02:14:18):
that's where it started. Now peoplewant to know, Tom, you have
integra on as your health insurance expert. How do they make money? And
that's a fair question, by theway, for any client I have,
you always want to know where peoplemake money. In fact, that is
what tells you where their heart is. Now everyone, I mean everyone wants
to make money, right unless you'rein a nonprofit organization. Even then you

(02:14:39):
want to support the nonprofit but foryour mission. But with Integra, they
get wholesale rates. In other words, Integra sits with clients and does things
carriers can't do. Carriers can't takethe time or energy to do that for
every single client. So carriers offera product and say here's our health insurance
product. What Integrat does us andother brokers like Integer, is take that

(02:15:01):
product to the consumers and they explainit to the consumers, and they put
it on the menu of services andthey say we have this plan, this
plan, this plan, and thisplan. So to be part of their
menu, these health insurance carriers offerthose premiums at whostsale and then Integra gets
a fee for signing people up.But it's a very small fee. And

(02:15:26):
here's the key. You can't getthat wholesale fee going direct. People think
if they bypass Integer or another healthinsurance broker. They're going to get better
rates going direct. That will nothappen, so it's always best to use
a professional like Integra Insurance dot com. By the way, we have we
have a more coming up tomorrow.Don't forget it's car Day three oh three

(02:15:48):
Martino. Call for help, informationand referrals and save all your problems for me.