Are Cultural Misinterpretations A Root Cause For
Disproportionate Discipline Of African-American Students?

Numerous studies have revealed that African-American students are more likely than their white peers to face referrals to the office, suspension, expulsion or other forms of discipline at school.

But it doesn't have to be that way, says Renae Azziz, founder and director of Virtuoso Education Consulting (www.virtuosoed.com), which provides professional development training to teachers and school district leaders.

Azziz, a school psychologist who helps districts across the nation resolve disproportionality in discipline, says in many cases it's a clash of cultures, and not necessarily racism, that leads to disproportionate punishment for minority students.

"Teachers need to understand that sometimes what they see as misbehavior is not viewed the same way by African-American students," Azziz says. "It's just that in these cases the educators come from different cultures than their students. The teachers need to increase their knowledge about those differences and improve their skills for handling the situations."

Azziz says there are a number of promising strategies schools can and are using to reduce disproportionality in discipline.

• Develop supportive relationships among and within school staff and students through the implementation of restorative-justice frameworks, which use conflict resolution and open dialogue. Restorative justice focuses students on the ramifications of their actions so that they take ownership of those actions and learn from their poor decisions.

• Engage in culturally relevant and responsive instructions and interactions to make the curriculum engaging for all learners.

• Change disciplinary codes of conduct to align with positive school climates through the implementation of Positive Behavioral Interventions and Supports (PBIS) that are culturally responsive.

• Commit to ongoing professional development for teachers focused on developing their awareness, knowledge and skills related to culture.

African-American students often have more negative views of their schools than white students because they perceive them as being less fair and consistent with discipline. That this perception exists, Azziz says, reinforces the idea that educators need to be culturally responsive so that the school environment meets the needs of students from all cultural backgrounds.

It's not that schools have failed to make an effort to address problems with discipline. For two decades, the method known as Positive Behavioral Interventions and Supports has been implemented across the nation as a way to decrease suspensions and expulsions, Azziz says.

That worked - sort of, she says.

Data indicates PBIS does indeed reduce the overall rates for those disciplinary actions, but there's a caveat.  Minority students, especially African Americans, still receive the majority of the punishments.

"That tells me that PBIS is not as effective for African-American students as it is for other ethnic groups," Azziz says. "So why is that?"
The answer may lie in those cultural differences, she says.

Here's an example: Teachers who expect students to raise their hands before responding in class often send African-American students to the office for repeatedly talking out.

But many of those students see classroom discussions as more informal, Azziz says.

"Some students, particularly African-American students, show that they are listening and engaged by blurting out their thoughts instead of raising their hands," Azziz says. "This is a communication-response style called back-channeling and it's often seen in the African-American culture."

Teachers who understand that back-channeling is a cultural pattern of behavior can better teach the students when that behavior is appropriate in the classroom and when they need to raise their hands, she says.

"When teachers don't know about this communications style," Azziz says, "all they see is a student who disrupted their class and it becomes a top reason for discipline referrals."

About Renae Azziz

Renae Azziz is the Founder and Director of Virtuoso Education Consulting (www.virtuosoed.com). She and her team of consultants support educators nationally in the areas of Response-to-Intervention, Data-Based Decision Making, Assessment, Positive Behavior Support, and Culturally Responsive Practices. Before starting Virtuoso Education Consulting, Renae practiced as a school psychologist in Indiana. Renae also worked on grants funded by the Indiana Department of Education supporting Indiana's Initiatives on Response to Intervention, Culturally Responsive PBIS, and Minority Disproportionality in Special Education. She was also appointed by former Indiana Gov. Mitch Daniels to the Commission on Disproportionality in Youth Services, which resulted in several legislative outcomes. Further, Renae and her team of consultants have served as project evaluators for statewide initiatives and Corrective Action Plans in Indiana and Louisiana.

Material Success Doesn't Have To Get In The Way Of Inner Peace, Spiritual Author Says.

It's second nature for many people to toil endlessly to achieve what the world at large considers a successful life.

But success often is fleeting and sometimes requires us to make decisions that aren't in our best interests, says Frank P. Daversa, author of the book "Spirituality in the 21st Century." (www.FrankDaversa.com)

"How many times has a 'successful' person turned down a cherished pleasure or been unable to spend time with family for the sake of a business meeting or a late night at the office?" he asks. "How many influential people have sold their souls to the devil to get where they are?"

Interestingly, highly successful people may not be that out of step with one principle that often defines spirituality - the belief in God or a higher power, Daversa says. Polls regularly reveal that the vast majority of the world's population - better than 80 percent - follows some sort of belief system, so it's likely a large percentage of successful people do as well, Daversa says.

But on a more practical level, there are four other fundamental principles of spiritual enlightenment that may or may not mesh well with what many people would define as success, he says. Those principles are:

•  Complete your formal education. It's difficult to approach enlightenment without understanding how the world works, Daversa says. Indications are that many successful people, though certainly not all, do live up to this principle. In the United States, the households with the highest educational achievement also tend to be the ones with the highest household income, according to the U.S. Census Bureau.

•  Learn more about yourself, your health and your mental well-being. Self-discovery and self-realization are vital to nurturing our inner selves, Daversa says. Taking care of our physical bodies is equally important. That's a mixed bag for successful people. Some are well developed intellectually, emotionally and spiritually, but many "have difficulty conquering their personal demons," he says. They often are burdened by scandal or experience marital problems. Some even suffer from drug addiction. "You can argue that the general population does as well, but that's the point," Daversa says. "Successful people are no better in this regard."

•  Learn more about the needs of others. Helping our fellow humans places us on a path to self-realization, Daversa says. "To their credit, many wealthy people give generously to charity and create or manage their own charitable foundations," he says. But others are not as giving in critical ways. Many CEOs oppose the minimum wage that would allow their employees to live above the poverty line, he says, and greed led Wall Street bankers to manage investments recklessly, which resulted in the Great Recession and caused millions to suffer. "Apparently, learning more about the needs of others is not a prerequisite for becoming successful," Daversa says.

•  Learn more about the natural environment. Although a bit of a cliché, becoming "one" with nature is one of the most spiritual experiences we can undertake, Daversa says. Because nature and the environment are interconnected, what people do to the environment has spiritual repercussions, he says.  "Many successful people support the environment wholeheartedly, but others do not," Daversa says. "There are those who see the environment as nothing more than an asset on a spreadsheet that they can exploit to their financial advantage."

"This is not to say we shouldn't pursue success if it comes our way," Daversa says. "But we need to keep the concept of success in perspective to other important attributes in life.

"We need to enjoy success while it lasts and refrain from defining ourselves in terms of it. We need to continue finding significance in simple pleasures, such as love, family and friendships."

Frank P. Daversa

Frank P. Daversa, raised in South Hempstead, NY, has led an eclectic life with work and interests that have included computer programming, writing and spirituality. He earned his A.A.S. degree in data processing from Nassau Community College in Garden City, NY, and a Bachelor of Science degree in computer science and information processing from SUNY College at Old Westbury, NY. Two years after earning his B.S. degree, Daversa moved to Houston. He worked for a number of years in the corporate world before becoming a writer in 2007. He published his first web article on spirituality in 2008, and his first book in 2011. He published his second book in 2012. Daversa contracted a serious illness in 1997, prompting him to begin a spiritual journey that eventually inspired him to write his latest book, "Spirituality in the 21st Century" (www.FrankDaversa.com).

Why Your Doctor Left Town In A Huff; Contracts Often Limit Where Physicians Can Work If They Change Employers

Patients may just shrug when they learn their doctor plans to move to a new office.

After all, they can just follow, right?

Maybe not. Or at least, not easily.

Physician contracts often contain restrictive covenants that limit where doctors can work if they leave their current practices. The idea is to keep them from competing with their old employer.

For example, the contract could require the doctor's new office to be 15 or more miles away. The doctor also might have to give up privileges at the local hospital.

"These contract provisions hold numerous traps for the unwary," says Dennis Hursh, an attorney who has provided legal services to physicians for more than three decades and is the author of "The Final Hurdle: A Physician's Guide to Negotiating a Fair Employment Agreement." (www.TheFinalHurdle.com)
Patients can be left scrambling to find a new physician.

The situation can be even worse for the doctor, who essentially might have to start his or her career over again, building a new patient base.

Hursh says it's not unusual for him to answer desperate phone calls from doctors who paid little attention when they agreed to their contracts, but now wonder whether their soon-to-be-former employers can enforce the restrictions.

"Unfortunately, they probably can," he says.

Doctors need to be diligent and negotiate favorable terms before they sign an employment contract, he says. Hursh says there are several ways to deal with restrictive covenants so that doctors are not facing career-damaging situations.

•  Keep the distance reasonable. Although geographic restrictions are common, in most cases the agreement should not require the doctor's new office to be more than five miles from the old one. In rural areas, a somewhat larger area may be reasonable, Hursh says.
Also, when employers have multiple offices, the distance rule should apply only to the office where the doctor spent most of his or her working time.

•  The general practice of medicine should not be restricted. "It's one thing to agree that patients will have to drive five miles from your old office if they want to continue seeing you," Hursh says. "It's another thing to agree you won't see patients in hospitals, nursing homes or ambulatory surgical centers that are within the prohibited area."

•  Continuing the doctor-patient relationship. Patients often become attached to a particular doctor and want to stick with him or her. But when a doctor moves to a new practice that can get tricky.

Contracts usually prohibit doctors from directly asking their patients to follow them to the new practice, Hursh says. Barring such solicitation, whether it's in the office or by phone call or letter, is reasonable, he says. But advertisements by the doctor's new employer should not be considered direct solicitation.

•  Sometimes restrictions should not apply. If an employer fires a doctor without cause, then the restrictive covenant should not go into effect, Hursh says. That's also true if the employer breaches its agreement with the doctor, although that can be difficult to negotiate, he says.

"An employer could worry the physician will claim some far-fetched theory of an alleged breach to get out of the restriction," he says. "One way to deal with that might be to list specific grounds for a breach in the contract."

Hursh says one of the most extreme cases he ever experienced involved a doctor whose non-compete clause prohibited the practice of medicine within 65 miles.

A hospital 62 miles away wanted to hire him.

It was while negotiating a contract with the hospital that Hursh and the hospital's attorney discovered the restriction.

"The restriction was so ludicrous that we both agreed that the former employer would almost certainly lose if they tried to sue," Hursh says.
But the hospital figured: why take chances.

The offer to hire the doctor was withdrawn.

About Dennis Hursh

Dennis Hursh has been providing health-care legal services for more than three decades. Since 1992, he has been managing partner of Hursh & Hursh, P.C., www.PaHealthLaw.com, a Pennsylvania law firm that serves the needs of physicians and medical practices. He is a member of the American Health Lawyers Association, where he is involved in the Physician Organizations Practice Group.

Fear & Close-mindedness Are Arguably The Real Tragedy Of Death, Says Franciscan Renaissance Man

There are those who just know how they'll react if and when they have to confront their own mortality. They will freely admit that they'll be petrified, and others are confident that they won't be scared at all.

"Perhaps they're right, or perhaps they're projecting how they think they're supposed to feel; in my case, neither fear nor bravery were the dominant notes, but rather one of spiritual and intellectual curiosity and edification," says Ron Walter, a retired lieutenant colonel in the U.S. Army, successful businessman and advocate of ecumenical Franciscan spirituality.

"I recently  had to face my own mortality once again as I dealt with effects of multiple myeloma and ensuing chemotherapy treatment. The encounter led me to a spiritual trek through philosophy, theology and science. In our evolutionary world, I suggest a view of death for we humans as yet another transition into a new form of being."

How does someone become so circumspect when facing death? Walter, author of "Theory of Everything: Franciscan Faith and Reason," (RonaldWalter.com), offers guidance.

•  Allow your spiritual intuitions to unfold. Most people have some kind of belief system on spiritual matters, which may remain untested for years and even decades. Whether you're a devout Catholic, Orthodox Jew, secular Buddhist or one of the growing numbers of "spiritual but not religious," facing death forces a renewed and often harsh look at one's true beliefs. As fallible as the mind can be, it is often attuned to signals emergent from deeper truth when faced with significant circumstances. Do not ignore those signals.

•  Appearances are often misleading. Are reason and faith at odds? How do we really know what will happen to us in death? We might find a clue in death as many of the faithful have in life. Many see the universe entailing a nearly infinite sequence of random events, leading to phenomena such as life on Earth. Most others, however, see a rhyme and reason beyond apparent chaos. Likewise, the apparent silence of death may be just that - apparent. For the spirit experiencing death, a new and unfathomable life may be emerging.

•  Obsessed with one religion, denomination or knowledge base? Death's proposition may have you looking elsewhere. "I find Franciscan theology and spirituality as well positioned to integrate other fields of knowledge and spirituality," Walter says. "While others prefer specific spiritual traditions, I hope they are not blind to the possibilities posed by other traditions. I believe every religion possesses only a  glimpse of God, and disciplines such as science and philosophy capture some of God's content and significance."

"When we hear 'death,' we're conditioned to tremble within," Walter says. "But when we see it for its deeper truth - involving the transformation of body, mind and spirit, recognizing the interchangeability of matter and energy - I think most of us can come away from the inevitable with greater equanimity."

About Ron Walter

Ron Walter (RonaldWalter.com) is an author, commentator and guest speaker with expertise in human spirituality, business management and military leadership. A retired corporate executive with more than 20 years active military service, Colonel Walter currently serves on Boards of Directors for the Franciscan Renewal Center in Scottsdale, Ariz., and Vesuvius Press Inc. in Phoenix. He is a Certified Professional Contracts Manager (CPCM). "Theory of Everything: Franciscan Faith and Reason," recounts Walter's spiritual awakening following chemotherapy in the winter of 2012/2013. It explores the natures of God, humanity and the cosmos from the perspectives of noted philosophers, theologians and scientists. A major conclusion of the book is that finite beings emerge within Trinitarian relations of divine Love.

Cybercrime Goes Mobile Thanks To Insecure 
Mobile Banking, mCommerce and mWallet Apps

By Mark Laich

Millions of consumers no longer visit a bank to deposit checks or conduct financial transactions. Instead they rely on the convenience of using their mobile devices to send money, view account balances and bank online.

The same is true for how they spend their money - the shift from brick and mortar to e-commerce to m-commerce is already well underway.  Think about it - how many times do you use your smartphone to research a product or purchase one?

Maybe you're going out to dinner tonight and you've already filled your Apple Pay, Google Wallet or other wallet technology with all of your credit-card information. Ever wonder if you could be pickpocketed wirelessly? Could an app you trust already be stealing your personally identifiable information (PII)? Sadly, the answer is yes.

Many financial institutions and retailers have launched mobile apps in the past 18 months to respond to demands from their customers who want the convenience of 24-hour, anytime/anywhere banking and shopping. Mobile banking apps help build customer loyalty, and mobile-banking transactions are significantly cheaper for banks compared with transactions that require employee interaction.

Mobile-retail apps capture consumers' buying impulse at the moment they occur, and allow for easy comparison shopping - the potential for finding an item cheaper is a quick tap away. Because more and more banks and retailers are making the investment to develop a mobile app, having one has gone from being a competitive differentiator to a "must have" to compete for consumers' business.

And once a bank has made that investment, there is a concerted effort to encourage customers to use their mobile-banking platform. The same holds true for retail. Amazon and others will do anything to get you to shop online from your smartphone or your tablet.

But the growth of mobile banking and retail apps also means that more people are at risk for identity theft and the hacking of sensitive personal and transaction data by cyber criminals who plan to commit fraud. These apps are used on devices that often aren't safeguarded from security holes. Most people have between 30 and 75 apps on their mobile device, and of course, when apps are installed on a device, users must grant multiple permissions for accessing a device's location, SMS capabilities, Wi-Fi, Bluetooth, camera and other device resources.

Some of these resources are used for the apps to do their intended task, but often apps demand resources that can open up a device to security vulnerabilities.  Unfortunately, when consumers install an app on their mobile devices, few of them read all the permissions the app requests to make sure it isn't asking to use device resources that might be suspicious.

This issue is highlighted by a report from Gartner Inc., the technology research company, which concluded 75 percent of apps in the major app stores fail basic security tests. Gartner defines this as an app using mobile-device resources that have nothing to do with the intended function of the app. Rather they can be used to eavesdrop on other apps that are running concurrently to collect data about the consumer. The rationale is that the collected information can be used for data analytics to help with targeted mobile advertising.

However, this has given cyber criminals a rather large attack vector to commit ID Fraud by using malware that looks like trustworthy apps to steal PII and financial transaction data from mobile banking apps, or to steal your credit-card information from your retail apps that reside on the same mobile device.  This type of malware disguised as "trusted" apps has hundreds of millions of downloads from the major app stores.

Worse yet, this new form of malware is undetected by anti-virus and able to circumvent encryption, biometrics, tokenization, sandboxes and authentication. The result is that using mobile-banking apps to conduct transactions is similar to using an ATM to withdraw cash in a dangerous area with criminals lurking around, or handing your credit card to a stranger, in public, who is using the old-fashioned carbon copy credit card imprinter to take your order.

Another popular technique for cyber criminals is spear-phishing attacks - which take the form of email and text messages that appear to be from an official source or someone you know, usually garnered via a social-networking site. These messages can then install monitoring software covertly on the mobile device. Monitoring software can access most mobile device activity and resources, thereby stealing consumer data just like the malware downloaded from an app store.

Most consumers are unaware of these types of threats, and even when they are aware, they don't take actions to protect their security and privacy until it is too late. On the other hand, financial institutions carry the liability associated with the fraud that results from data stolen from mobile banking and retail apps. In a U.S. landscape where almost 1 billion PII records have been compromised and there is identity fraud totaling $24.7 billion in losses - according to statistics from Privacyrights.org and the Department of Justice - greater safeguards are needed to protect consumers' financial data.

At the same time, it is important not to intrude or detract from consumers' mobile banking or retail experiences. Financial institutions and retailers can't solely depend on consumer awareness and training, nor can they make it complicated for consumers to protect themselves.

For better or worse, the modern-day consumer has become enamored with using their mobile devices for apps such as social networks, location-based services, and games on the same device on which they want to do mobile banking and mobile commerce, thereby compromising their security and privacy. What financial institutions and retailers need is new, innovative security technologies that deliver an optimal balance between protecting consumer data and being un-intrusive to consumers' total mobile-device experience.

In this way, their mobile banking and mCommerce apps can operate in a safe and trusted environment even when multiple applications are running concurrently. By working with companies that specialize in these types of new security technologies designed to thwart zero-day threats and malicious eavesdropping apps, financial institutions and retailers will not only protect themselves from liabilities, they will also be successful at convincing more of their customers to use mobile banking and mobile commerce, thereby increasing the ROI of their mobile-app investment and their operating efficiency.

Finally, as we look forward to what many believe will be the rapid adoption of mWallets in 2015, you must understand that they are inherently insecure because they operate on already infected devices. It's time to take a completely radical, proactive approach to securing consumers' data as the financial, transaction-based world shifts onto our smartphones and tablets.

This year marks the beginning of a new wave of enablement, opportunity and mCrime.  Where there is mobile banking, mCommerce and mWallet there will be mCrime.  Assume it comes in the apps as innocent as that flashlight app you recently installed, because if you don't, you'll be left in the dark missing your identity and your wallet.

About The Author
Mark Laich, VP of Security Solutions, SnoopWall, Inc. (www.snoopwall.com)

Mark joined Snoopwall with a 30-year track record of successful sales in the high-tech industry, generating over a half billion dollars in revenues. His expertise includes successful customer and market development in the mobile, CE, and telecommunications market sectors. He has a long track record of leading successful sales campaigns and developing business at major accounts like Samsung, Microsoft, Philips, Canon, Nikon, Thomson, Cisco, Alcatel, Siemens, and Compaq.

Financial Strategist Says Gold May Face Higher Taxation in Future

Adding to the confusion of extensive tax laws is the fact that they change, says gold financial strategist William A. Storum.

In 2013, for example, new tax laws moved the highest federal income tax rate from 35 percent to 39.6 percent. For 2014, if your taxable income topped $406,750 - or $457,600 if you're married and file a joint return - you are in that 39.6 percent.

"Whether you're in that percentile or not, inflation is an inevitable part of our future because the government is printing money it doesn't have, affecting every American," says Storum, author of "Going for the Gold" (www.goldandtax.com).

"Gold is the standard, and that's why it's a great investment for your portfolio assets - anywhere from 5 to 35 percent is a good range."

But gold investments may be highly taxed in the future, which is why you'll need a tax-planning strategy.

In trying to navigate stocks, mutual funds and various tax traps for gold, such a strategy likely requires a comprehensive and highly detailed plan, says Storum, who offers a few basic tips for gold coins and bars.

•  Trading with like-kind exchanges: As many real estate investors know, like-kind exchanges mean that an owner can exchange one investment property for another and thus avoid paying tax on a sale. Like-kind exchanges are also possible for gold investors. You can exchange bullion - coins or bars - for another form, and as long as equal value changes hands, no income tax will be due. Why trade? One reason may be to obtain smaller, more liquid gold items. A one-ounce gold bullion coin worth $1,400 or more may not be practical for purchases or gifts.

•  Privacy protection: Unlike gold stocks, funds and other similar securities investments, the purchase of gold bullion often is not reported to the IRS. No government agency is able to keep track. For the most part, investors in gold coins and bars, and other precious metals, have a great deal of privacy - if you know the rules and understand when forms must be filed. It's important to work with a dealer who is in compliance with reporting regulations. The IRS may scrutinize dealers and their customers if their compliance is in question.

•  Helping loved ones: Many people today are still not making what they used to, and finding a job right out of college is still challenging for many recent grads. Instead of giving cash to your child, consider giving an appreciated gold coin, which can be sold to pay the mortgage, pay property taxes, buy food, etc. In times of financial distress, your child may be in a low tax bracket - perhaps a 0 percent bracket - and thus would owe much less tax than you probably would pay if you sold the coin yourself. However, due to the so-called kiddie tax, this strategy won't work as well with children who are fulltime students younger than 24.

About William A. Storum

William A. Storum, JD, is a member of the California Bar Association (inactive) and a licensee (inactive) of the California Board of Accountancy. He has extensive experience in individual, corporate, real estate and partnership taxation and has represented clients in tax audits and other tax matters with the IRS. As an investor, Storum came to understand the need to own gold in order to preserve wealth from the government's reach. He wrote "Going for the Gold" (www.goldandtax.com) in an effort to clarify widespread confusion about investment in and taxation on gold. Storum graduated cum laude from the University of Santa Clara with a bachelor's degree in accounting with a minor in economics, and from the University of Santa Clara School of Law, cum laude.

Medication Will Mask The Pain, Not Cure The Underlying Problem, Expert Says

Nearly everyone on occasion experiences a throbbing headache that interferes with concentration at work or school, or saps the joy from the day.

But sometimes the source of that headache can be surprising. For many people, the pain that emanates from the head can be traced back to their teeth, their bite relationship and the alignment of the lower jaw.

"Pain doesn't happen randomly or because of bad luck," says Dr. Fred Abeles, author of the book "Break Away: The New Method for Treating Chronic Headaches, Migraines and TMJ Without Medication" (www.FredAbeles.com).

"There's a cause and effect to almost everything in the human body."

With many headaches, Abeles says, the cause is the temporomandibular joint, or TMJ, the place at the front of the ear where the lower jaw and the temporal bone on the side of the head meet.

Sometimes the bite and the lower jaw are out of alignment, putting additional strain on muscles, which leads to the headaches. And for many, TMJ headaches aren't going away because people try to mask the pain with medication rather than correct the underlying cause, Abeles says.

But how do you know a headache is caused by TMJ? Abeles says these are some of the warning signs.

•  Your jaw clicks or pops. Any joint in your body should work silently and seamlessly, Abeles says. If your jaw clicks or pops when you open or close it, it's a clear sign that the lower half of the joint is not in the proper position. Even if the popping and clicking don't produce pain, he says, the muscles that have to support and stabilize the joint become fatigued and will produce pain.

•  Your bite feels off. The TMJ is the only joint in the human body that has 28 teeth stuck between the opening and closing motion of the joint to complicate things, Abeles says. Every other joint is completely controlled by muscles, and the position of the joint, its movement and range of motion are mediated by muscle.

The TMJ's position is dictated by where our teeth come together in our bite. So if your bite feels off or your teeth don't fit together well, there's a good chance your TMJ joints are off, too.

•  You have pain around your forehead, temples, back of head or radiating down your neck. Ninety percent of pain comes from muscle, Abeles says. If your muscles are not functioning well because of fatigue from supporting one or both of your TMJ joints in an improper position, they produce pain. It's much like when you exercise or work hard and feel muscle pain later, he says. The only difference is that TMJ is more subtle and chronic.

•  You have forward head posture. Our heads are supposed to be centered over our shoulders. If yours is in front of your shoulders when you are upright, you have "forward head posture." That relates to your bite and your airway. The human head weighs about eight to 10 pounds. The farther forward it is off the center axis, the more strain it places on neck muscles and vertebrae.

•  You snore. Snoring is a red flag that respiration during sleep is disturbed, Abeles says. Several factors can lead to snoring, but one of the most important is the position of the lower jaw, he says. If your lower jaw is a little too far back, then the tongue is farther back as well.

"If the tongue is slightly farther back than optimal it vibrates against our soft palate, closes off our airway and we snore," Abeles says. The snoring doesn't cause the headache, he says, but it could be a sign the lower jaw is too far back. As a result, the muscles that support the jaw in an improper position produce the headache pain.

About Dr. Fred Abeles

Dr. Fred Abeles is known as one of the most sought after TMJ experts in the United States (www.FredAbeles.com). He's famous for getting results where all other have failed and getting those results without the use of surgery, needles or drugs. He is author of the new book "Break Away: The New Method for Treating Chronic Headaches, Migraines and TMJ Without Medication." Abeles is the Clinical Instructor and Regional Director for the Las Vegas Institute for Advanced Dental Studies - one of the most prestigious post-graduate teaching centers in the world today. Dr. Abeles has been featured on NBC and CBS, consults with leading dental manufacturers on the development of new dental products, been on the cover of the profession's biggest magazines and instructed dentists throughout the United States and Canada on state-of-the-art techniques for treating headaches and temporomandibular joint dysfunction.

Financial Consultants Say Retirees Can Take Steps To Protect Savings From Vagaries Of The Market

As people creep into the retirement "red zone" - those years just before or right after they retire - it becomes more important than ever that they find ways to keep their savings safe.

Because at that point, their retirement picture will change significantly only if they lose a lot of money, says Chris Bennett, co-founding partner of The Abbott Bennett Group, (www.theabbottbennettgroup.com).

"They are not going to change who they are," Bennett says. "But if they lose a bucket of money, they are not going to go out to eat, they won't travel, they won't be able to leave money to their children and grandchildren. They will end up having to make sacrifices."

In other words, they won't be living the retirement they envisioned all those years they were saving a nest egg.

Having a "safe money" strategy is key to a secure retirement, say Bennett and Michael Abbott, CFO of the firm. It's important to be able to create an income stream that the retiree won't outlive.

There are several areas you and your financial professional can focus on as part of an overall "safe money" strategy, Abbott and Bennett say. Here are two examples:

• Rate of return vs. sequence of return. The average rate of return on an investment can be misleading, they say. That's because in reality how well you hang onto your money depends more on "sequence of return." That is, exactly when do those profits and losses come about?

To see how that might work, imagine a 50 percent loss followed by a 50 percent gain. That would appear to average out to a zero rate of return. But that's not how it would look in your portfolio, Bennett says. If you have $100,000, a 50 percent loss drops it to $50,000. The market rebounds with a 50 percent gain. But a 50 percent gain on $50,000 just increases that investment to $75,000, so you've still taken a loss.

Now consider that kind of activity over the course of your retirement as you are also withdrawing money from your savings to live on. Depending on when market fluctuations happened, you could take major hits. That's especially true if the dips come early in retirement when your savings are at their peak, and the rallies arrive late when there is less left in the account.

"One big downturn and that money could run dry," Bennett says.

Abbott and Bennett say there are tools that a good financial professional uses that can help people reduce the risk created by sequence of return.

• Maneuvering toward tax-free income. "Whatever the tax rates may be in the future, taxes can be a drag on your savings and may adversely impact your retirement security," Abbott says. So it's important to consider the tax implications of how you hold your assets.

Even those Social Security benefits that retirees draw can be taxed, but they don't necessarily have to be, Bennett says. Once again, a financial professional can review strategies that could help reduce or even eliminate the tax on that monthly Social Security benefit.

"It's possible to have tax-free income in retirement," Bennett says. "Talk about being in control. Then you can just enjoy your retirement with your children and your grandchildren."

About Michael Abbott and Christopher Bennett

Michael Abbott has two decades of experience assisting retirees with their 401(k)s and pension plans. He is co-founder of The Abbott Bennett Group, LLC, an independent financial services firm, where he serves as CFO. He is a lifetime member of MDRT (Million Dollar Round Table), an association composed of the world's best financial services professionals, and a member of NAIFA (National Association of Insurance and Financial Advisors). He holds a Master of Estate Preservation designation.

Christopher Bennett is a 16-year financial professional who has served as CEO of The Abbott Bennett Group, LLC, since 2003. He holds a Certified in Long-Term Care designation, a Master of Estate Preservation certification, and is a lifetime member of Million Dollar Round Table). Chris is also a member of multiple chambers of commerce, and participates in the National Association of Insurance and Financial Advisors. He has hosted and conducted hundreds of seminars and workshops.

Retirees Should Reconsider Strategies on IRA, 401K Withdrawals, Financial Advisor Says

A government rule on retirement savings may be tricking retirees into looking at their financial situations all wrong, says a financial advisor who specializes in retirement planning.

The rule says retirees can't leave money in their IRA or 401k accounts forever. At age 70½ they must begin making minimum withdrawals, even if they prefer to leave the accounts untouched.

"You are forced to take money out whether you want to or not," says Dave Lopez, a mathematics and computer science major who applies his analytical mind to solving retirement challenges.

And in reality, Lopez says, you should want to take out as much as possible. That's why he likens the rule to a head fake because it causes retirees to look at the situation from the wrong perspective.

"They get fixated on that minimum amount they must withdraw, so that's how much they end up withdrawing, leaving the bulk of their savings right there in the 401k or IRA," he says.

That's a mistake, he says, especially for people who hope to leave a healthy inheritance to heirs.

"If you keep taking out the minimum amount each year, it will just about guarantee you have a large amount in there at your death," Lopez says. "Under the current tax law, if you die and your IRA or 401k is left to your heirs, they are taxed on it at a high rate. With state taxes added in, it could be 40 to 45 percent."

The percentage could end up being even more, depending when you retire and whether tax laws change, he says.

If Congress and the president raise taxes, the government's share of your retirement savings would go up and the amount left to heirs would go down.

That's where it would be good for the middle class to take a lesson from wealthy retirees, who are less likely to fall for that head fake, Lopez says. They understand that they need to withdraw greater chunks from their IRA and 401k accounts, placing the money in tax-friendlier accounts.

"While people in the middle class take out the minimum-required amount, the rich do the exact opposite," he says.

Lopez says a few strategies exist that retirees can take advantage of to make sure taxes don't deplete their legacy to their children. "You have to put these strategies into place early, though," Lopez says. "The later you wait, the less effective they are and the less your savings will be."

• Explore tax-free options. Move the money into a tax-free vehicle, such as a Roth IRA or a specially designed life insurance plan that would allow the dollars to flow tax free to heirs. Lopez says one additional advantage with the life insurance option is that, historically, when laws are changed related to life insurance the old policies are grandfathered in and not affected. "It's a top estate planning trick for the rich," he says. "The challenge is the middle class doesn't know it exists."

• Stretch out inherited IRA withdrawals. Under tax law, when your heirs inherit an IRA they don't have to take money as a lump sum. They can have it paid out over their lifetime, which could keep them in a lower tax bracket, Lopez says. They pay taxes only on what they take out, he says. "There is gamble involved with this plan," Lopez says. "You are gambling that the law that allows heirs to do this will still be in effect when you die. Many people think this law is one of the easiest ones to change because the government could just claim this is a tax loophole and they are closing the loophole."

Ultimately, he says, it will pay off to sit down ahead of time to review options with a financial advisor who understands the intricacies of retirement planning.

"You don't want to be taken in by that head fake," Lopez says. "You want to make sure you and your family get as much benefit as possible from all those years you were saving your hard-earned money."

About Dave Lopez

Dave Lopez is the founder of ILG Financial, LLC (www.ILGFinancial.com) and has been working with individuals and businesses in the Northern Virginia area since 1986. He specializes in strategies that enable his clients to potentially build a retirement nest egg that they can rely on and can never outlive. Lopez has his Bachelors of Science degree from James Madison University with a major in mathematics and computer science. He is an investment advisor representative of AlphaStar Capital Management, LLC, a registered investment advisor.

From Dollar Amount To The Intangibles, M.D. Says Condition Is A Ubiquitous Factor In Life

Sometimes celebrities or otherwise physically fit people will put on a fat suit and document their experience with a video camera, usually to be aired on a daytime talk show. The overall impression is universal: Being severely overweight is taxing on almost every level, says Dr. Eleazar Kadile, who specializes in treating patients with obesity and associated chronic disease.

"Physically, emotionally, mentally and even spiritually, being obese is an ever-present condition to the experience my clients face every day," says Dr. Kadile, director of the Center for Integrative Medicine and author of "Stop Dying Fat" (www.kppmd.com).

"Obesity is a vicious cycle that usually starts with bad eating habits during childhood. Childhood obesity has quadrupled in recent decades. I don't think enough of us appreciate how established bad habits are before most obese people reach adulthood."

Overweight or obese people often eat for comfort when they're depressed or as a reward when things are going well, "much like an alcoholic," says Dr. Kadile.

Like substance abusers, obese people pay a significant price.

•  Bigger is costlier. Many are emotional eaters, and when you eat for emotional satisfaction rather than physical satiation, you eat more, which increases the dollars spent. Obese people often have to buy clothes specially tailored for their size, which adds costs. The biggest cost, however, is healthcare due to bad health. Obesity has severely taxed our country's healthcare costs.

•  What's your self-esteem worth? Being a large individual often proves challenging in public, as daytime talk shows sometimes attest. Obesity can keep you from social engagements and make you feel self-conscious while out and about. This can lead to depression and lack of activity, fueling the vicious cycle of the obese lifestyle.

•  Time - arguably the most important metric. What do we really have in life? Money, work, love, relationships and material goods - these are all good and necessary things. But they are all for not if your health does not permit you to live long enough to enjoy them.

•  Opportunities, quality of life and happiness are compromised. You can be the most qualified professional at work, but obesity can cost you a raise. You may be a funny, intelligent and attractive person, but being too big might keep you from finding love. Simply having 100 or 200 pounds of extra fat is a burden obese people cannot escape throughout their waking existence.

"As a society, we should be more compassionate toward obese individuals - they have it hard enough without our critical judgment," Dr. Kadile says. "If you are obese, you owe it to yourself and your loved ones to save on the associated tangible and intangible costs. If you don't take action today, it can cost you many days from your future that you'd otherwise have."

About Eleazar Kadile, M.D.

Dr. Eleazar Kadile is a complementary physician who specializes in treating patients with obesity, who may suffer from heart disease, hypertension, type-2 diabetes, arthritis, depression or ADHD. With decades of medical experience throughout the United States, he has been developing a comprehensive and systematic approach to battling obesity. He is the director of the Center for Integrative Medicine in Green Bay, Wis. (www.kppmd.com)

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