If you have a claim that has been wrongfully denied or are currently in the claims handling process, it is important to always keep in mind the potential impact of your conduct on future litigation. When dealing with a sophisticated insurance company, you want to put your best claim forward and be prepared for the potential need to file a lawsuit. In this article, we discuss our top eight tips for when you take your insurer to court, from the importance of hiring an attorney with relevant experience to preparing for the long haul that is litigation against an insurance company.
1. Hire an attorney with experience in insurance litigation who actually goes to trial. This may seem like a given, but insurance law is a complex and requires an experienced insurance litigation attorney to understand its nuances. Even at the outset, before litigation begins, fundamental legal questions dictate an insurer’s conduct. These legal questions should also alter the way you, as the insured or plan participant, approach the matter. For example, if you receive long-term disability benefits through your employer, your claim may be governed by the stringent, pre-litigation procedures of the Employee Retirement Income Security Act of 1974, otherwise known as “ERISA.” ERISA requires that you exhaust an administrative process, but it also affects the amount of money at stake, which you will have to consider before filing suit.
An experienced insurance attorney understands these nuances and importantly, how it alters an insurer’s approach to the matter. And, look for an attorney who actually goes to trial and does not settle all of his or her cases. We know many attorneys who handle life, health and disability insurance claims who claim to have a big reputation, but who never go to trial. If your attorney has a reputation for being afraid of trial, this will likely greatly affect the recovery you get. Insurers are in the business of assessing risk and they do this with your claim and your counsel. If you have an attorney who is willing to go to trial, the insurer will assess the risk much more favorably, impacting your recovery through settlement. Having an experienced advocate on your side early on the claim process can significantly impact the likelihood of success and help you understand the status of your claim. Let the insurer know you mean business, do your research and hire an experienced attorney with a proven track record, and it can make all the difference.
2. If you feel the insurer wrongfully denied your claim, seriously consider legal recourse. People buy insurance for a variety of reasons, but typically, an individual or entity purchases insurance to protect itself from an unknown, future risk. You pay a premium for that protection against uncertainty, and share that risk across a pool of other, similarly situated insureds. Ideally, you avoid the future risk entirely, but in the unfortunate circumstance that you do not, you understandably expect your insurer to pay as promised. In other words, you expect the insurer to provide the insurance you paid premiums on for years, not delay and then wrongfully and in bad faith deny your claim.
If your benefits were not paid despite your cooperation throughout the process, your claim may have been wrongfully denied. If so, do not be afraid to seriously consider legal options and pursue those benefits. The insurer certainly consulted with legal counsel in drafting the insurance policy and structuring its claims handling process; do not be afraid to protect the benefits you paid for and do the same.
3. Meticulously document your communications with the insurer. You must meticulously document all of your communications with the insurer and if you have a plan through your employer, this should also include all conversations with your employer. For every communication, get a name, telephone number, and what you discussed.
This is important because you want to be able to easily refer to an accurate timeline of events. Further, you can be absolutely sure that even if you are not documenting communications meticulously, your insurer is doing so. Insurers record, log and summarize every communication in your “claim file” in a detailed, organized manner. At the end of the day, if you remember a communication or conversation differently (or do not remember it at all), it will be difficult to support without a record of your own.
4. Meticulously document details regarding your claim. Same goes for all documents sent to and received by the insurer or employer in support of your claim. This does not just include the letters from the insurer and your letters in response, it should also include any enclosures you send with the letters, a copy of any claim forms you filled out, etc. Keep a chronology of all actions you take concerning your claim.
This applies to everything the insurer receives regarding your claim. Often, the insurer needs medical records or other evidentiary support, such as pictures, x-rays, or other materials. Although the insurer will likely independently seek these records, keep a copy for your own records as well.
5. Prepare your case for appeal or litigation. Preparing for a fight with your insurer is critically important. Keep copies of everything pertaining to your claim and maintain a back copy, so that if one set is ruined by calamity, at least you will have another backup (best if it’s electronic). Unless your case is governed by ERISA, this may be your only record of events until the insurer’s copy is subject to discovery. If the benefits at issue are very important to you, then you must make failsafe record keeping a priority. Organize your file and make it accessible for your attorney. Be available to discuss all aspects of your claim with your attorney. If you wish to claim damages beyond what your policy benefits provide, gather the evidence and present it in a compelling and organized manner for your attorney.
6. Be honest, straightforward, precise and nice. When an insurer asks you a question, be honest, straightforward and precise in your answer. If you overstate your claim, it can be difficult to overcome later. For example, in disability insurance claims insurers often ask the insured to fill out a claim form that indicates the limitations and restrictions as recommended by your physician. Often, the form itself invites confusion, but for the sake of argument, let’s assume the form asks whether you can walk or drive. If your ability to walk is limited to two fifteen-minute intervals for a total of thirty-minutes in an eight-hour work day, say that. If you can drive only occasionally for 10 minutes a day, do not state you do not and cannot drive. Be precise.
Also remember to be nice, but firm. In other words, be polite even when the situation is incredibly frustrating, because everything is recorded and could potentially be focused upon in front of a jury. If you get angry, scream profanities and personal insults at the employee handling the claim, and threaten a lawsuit using legal terms you do not understand, a jury will likely find you less sympathetic. If you do become frustrated (you likely will), simply remind the insurer that you did everything asked of you, you paid your premiums, you submitted timely claim forms, you supported your claim and now it is time for them to live up to their side of the bargain. If you are stressed, calmly explain the importance of the benefits to you and your family and the financial stress you have endured as a result of the delay.
7. Watch it on social media! We discuss this in detail in another blog, which you can read in full, here, but, if an insurer wants to know whether you are acting consistently with your condition of chronic fatigue, an inexpensive way for them to find out is by checking your social media. This can be problematic for two reasons: social media evidence can be easily misconstrued in the insurer’s favor and it may raise problems regarding attorney-client confidentiality. As to the former, if you say that you suffer from chronic fatigue, but then post videos to social media of you running a marathon, nobody is going to believe you. Of course, occasional running may be helpful for your condition, and you may have only been able to walk a third of a mile, but taken out of context, it will not be viewed favorably.
8. Be prepared for the long haul, including going to trial if necessary. If an insurer denied your claim, you must be prepared for the long haul. Insurance companies are sophisticated enterprises that deal in the business of risk, and litigation suits them. They also have the resources to sustain litigation in the long-term, and depending on the circumstances of your case, this may be used to their advantage.
Accordingly, once you make the decision to sue an insurer, do so with the understanding that you may not see the wrongfully denied benefit(s) for years, (if ever).
The McKennon Law Group PC periodically publishes articles on its Insurance Litigation and Disability Insurance News blogs that deal with frequently asked questions in insurance bad faith, life insurance, long-term disability insurance, annuities, accidental death insurance, ERISA and other areas of law. To speak to a highly skilled Los Angeles long-term disability insurance lawyer at the McKennon Law Group PC, call (714)274-2413 for a free consultation or go to our website at www.mckennonlawgroup.com and complete our free consultation form today.Search this websiteSearch
Keeping out of the sun is great for your skin, but what about the Vitamin D deficiency you are going to be submitting your body to?
One rarely thinks about the Vitamin D deficiency and the amazing benefits it gives to the body, but we’re here to change that.
In this post, we will look at the True Powers of Vitamin D and it’s incredible effect on the body.
6 Top Health Benefits Of Vitamin D
1. Immunity Booster
The reason that our bodies fall victim to the flu’s and other common ailments is that we don’t spend enough time in the sun as we used to.
Studies have shown that even a small dose of Vitamin D can help you fight against common ailments by more than half. If you live in a country shrouded by clouds consider asking your doctor for a prescription for Vitamin D supplements.
2. Stronger Bones
Did you know that if your diet does not contain sufficient calcium quantity your body has to rely on the calcium from your bones? Imagine what that could mean for your skeletal structure.
A healthy dose of Vitamin D helps the body absorb the right amount of calcium from foods. Although it does not directly affect your bone health, it ensures that your bones remain healthy and strong.
Good exposure to sunlight has been known to help women lower the risks of ovarian cancers. Scientists are still working on finding the direct link to reduced cancer risks and Vitamin D, but so far the signs are encouraging.
4. Prevent Breathing Problems
People suffering from respiratory problems are generally suggested warmer climates and better air quality. Presence of sufficient amounts of Vitamin D exposure also helps people improve their breathing ability.
So you not only need to move somewhere warmer for the better air, but also for the sun and higher levels of Vitamin D.
5. Better Muscle Builder
When you sit out in the sunlight, your body is absorbing Vitamin D. The Vitamin D gets absorbed in your body as a steroid hormone.
While we don’t want to bore you with the scientific details, it’s important for you to know that the receptors Vitamin D links within the body help build muscle mass.
If you are looking for those bulging biceps diet and a workout isn’t the only thing you need to focus on.
6. Mood and Brain Booster
Sufficient levels of Vitamin D also help you stay in a better mood, studies say. Also, if you’re looking to hold onto your wit and intelligence even in your old age you have to ensure you take enough Vitamin D as your growing up.
Vitamin D is said to be a strong supporter of brain tissue keeping it young and keeping away neurological illnesses.
While the sun is the best source of Vitamin D, it isn’t the only source available. There are plenty of naturally occurring foods out there that can help you gain sufficient amounts of Vitamin D for your body’s requirement.
Cod Liver Oil, Oily Fish, Oysters, and Caviar are some of the best sources for Vitamin D. While it’s easy to say keep up with your Vitamin D replenishment you should also be aware of the dangers of too much direct exposure to the sun. Balance is always the key to a healthy lifestyle.
Foods high in calcium and vitamin D are especially good for boosting bone density. These are the best known nutrients when we think about bones, but several others also play an important part, including vitamin C, potassium, and magnesium. That’s why any diet geared toward preventing bone loss should be well balanced and contain plenty of fresh fruits and vegetables as well as lean sources of protein.
Some foods are better than others in this regard, so we’ll break down 7 super choices for preventing and managing osteoporosis. It’s important to take this disease seriously because while the symptoms of it are painless, the result is a much higher risk of fractures that take a really long time to heal and can leave you vulnerable to systemic infections.
7 Super Foods for Osteoporosis
Foods high in calcium and vitamin D are especially good for boosting bone density. These are the best known nutrients when we think about bones, but several others also play an important part, including vitamin C, potassium, and magnesium. That’s why any diet geared toward preventing bone loss should be well balanced and contain plenty of fresh fruits and vegetables as well as lean sources of protein.
Some foods are better than others in this regard, so we’ll break down 7 super choices for preventing and managing osteoporosis. It’s important to take this disease seriously because while the symptoms of it are painless, the result is a much higher risk of fractures that take a really long time to heal and can leave you vulnerable to systemic infections.
But don’t worry – these are all good foods. We like #6 in particular as a versatile substitute for the one thing most of us eat way too much of.
Can you guess what it is? Read on for the answer to this and many more questions about protecting your bone health.
1. Dark Greens
We tend to think of dairy as the only source for calcium, but in reality it can be found in many different vegetables. Dark, leafy greens like kale, collard greens, bok choy, Chinese cabbage, and turnip greens are all high in calcium.
But that’s not all. They also contain a good amount of vitamin K, which is known to further reduce your risk of osteoporosis.
2. Potatoes
Lesser known than calcium and vitamin D but still critical to bone health are magnesium and potassium. And what’s more, these nutrients all work together to protect your bones. Being deficient in magnesium can throw off your balance of vitamin D. Potassium, on the other hand, is able to neutralize the acids in your body that otherwise leach calcium right out of your bones.
Both sweet and white potatoes are a rich source of magnesium and potassium. Just be sure to bake or boil them, rather than fry them in oil, to preserve the health value.
3. Citrus Fruit
Everyone knows that citrus fruits are an excellent source of vitamin C. But you may not have realized that vitamin C plays a huge role in preventing bone loss. That’s because vitamin C is necessary for the development of collagen, which is the fibrous portion of bone and cartilage.
Bad news for ladies, though. Studies have shown that supplementing with vitamin C is more effective for preserving bone density in men. But don’t stop eating citrus just because you’re female. Vitamin C is crucial for a lot of things, including smooth and young-looking skin. Just one grapefruit or orange can deliver a full day’s allowance.
4. Fish
Many varieties of fatty fish offer a nice amount of vitamin D to help your body use calcium. Fish also has omega-3 fatty acids, which in addition to bone health can support your joints and cardiovascular wellness.
Salmon in particular is a great source of potassium, and canned salmon contains calcium as well. The reason for the calcium is that small, soft bones are packaged with the meat. The same is true of sardines. You won’t even notice the bones, but if the idea bothers you, it’s still great to eat salmon filets, as well as canned or fresh mackerel and tuna.
5. Almonds
Almonds are not only high in calcium and potassium but they are extremely versatile and easy to include in your diet. They can be eaten by the handful as a snack, chopped and toasted as a crunchy topping for salads, or crushed with a bit of salt for a tasty nut butter to spread on whole grain bread.
Almonds do contain a fair amount of fat, but that shouldn’t be a huge worry because you don’t need to eat many to get the nutritional benefits.
6. Molasses
Substituting other sweeteners for refined white sugar as often as possible is just good policy. Sugar is one of the biggest threats to public health today, for lots of reasons. When it comes to osteoporosis, we know that sugar can weaken your bones.
Molasses, on the other hand, is a natural sweetener that also contains calcium. Try substituting molasses in baking as well as stirring it into yogurt, oatmeal, or smoothies.
7. Fortified Foods
Plant-based milks, orange juice, cereals, and breads are frequently fortified with extra calcium and vitamin D. So even if you don’t like dairy or are a vegan, you can still get enough of the power vitamin combo that should always be your starting point for building and maintaining bone density.
It’s a good idea to buy more fortified foods during the winter months, when you aren’t getting outside into the sun as much. It’s common for folks to become deficient in vitamin D, which the body synthesizes under the effects of sunlight, when the days are shorter and it’s too cold to spend much time outdoors. You may also find that the fresh leafy greens you rely on for calcium are not as readily available during winter.
Conclusion
Your skeletal structure makes it possible for every other part of your body to remain in the correct place and do its job. Osteoporosis weakens bones considerably and is a dangerous condition, not because it is itself painful or deadly, but because it weakens the very foundation of your body. Loss of bone mass and density means that portions of your frame may fracture after even a mild bump or bruise.
Luckily, diet can go a long way toward preserving and even repairing bone loss. Speak to your doctor about your risk factors for osteoporosis by the time you reach 50 years old. But even well before then, start building more of these bone-friendly foods into your diet. Keeping your bones strong and avoiding osteoporosis is a life-long job.
Autism spectrum disorder (ASD) is a developmental disorder that affects a person’s ability to communicate and interact with others. It is typically diagnosed in childhood and is characterized by a combination of social interactions problems, difficulties with verbal and nonverbal communication, and repetitive patterns of behavior. According to the DSM-5 which is a diagnostic manual for mental disorders, this condition includes the previously known autistic disorder, Asperger’s syndrome, childhood disintegrative disorder, and other developmental disorders not otherwise specified.
Approximately 1 in 54 children have been diagnosed with autism. Additionally, approximately 4 times as many boys as girls are diagnosed. Although still under investigation, the true cause of autism is not known.
Autism is typically diagnosed at a young age (at the age of 2 or even at 18 months). Regardless of the multiple diagnostic criteria for this condition, many patients are not correctly diagnosed until they reach adolescence or even early adulthood. Therefore, whenever a child has developmental delays or is at risk for mental health problems, parents should seek help from medical professionals as soon as possible.
Discover the 10 Signs every parent should look out for on the next page. it’s important to watch out for what could hurt our kid’s future and eliminate every risk.
1. Deficits in Social-Emotional Reciprocity
People with autism can have difficulty perceiving the world in the same way as typical people. Some might find things that are considered boring to be funny. The same is also true for things that are usually considered interesting.
Due to the unique way they perceive their environment, children may not appreciate the emotions of other people. Faced with strangers, most children smile at them as a normal developmental milestone, this doesn’t necessarily mean that they like that person. It is an evolutionary trait.
Children with Autism Spectrum Disorder (ASD) often lack the ability to reciprocate a smile. When they continue to lack this important social skill into adulthood, it can negatively impact their ability to relate to others.
2. Lack Of Eye Contact
Eye contact is a natural component of non-verbal communication. It is a way to signal to the other person that we are paying attention and that we are committed to social interaction. These feelings might be normal for some people, and can be overcome by a well-trained therapist. Many people are nervous or lack self-confidence around other people, and this can make it difficult to establish eye contact.
On the other hand, patients with autism spectrum disorder may find it difficult to maintain eye contact and engage in social interactions. Autism spectrum disorder is characterized by a lack of eye contact. This is not a confidence issue but rather a characteristic of autism.
3. Poor Adjustment To Social Context
Understanding social context is more important in today’s world than ever before. Many of us have lived for years without giving this topic any thought, but when we do, we realize just how necessary it is to know how to interact with others in a way that builds a lasting relationship or leads to opportunities.
Sarcasm is one of those aspects of social interaction that might be difficult for people with Asperger’s to understand. Individuals with Asperger’s may have trouble picking up on sarcasm and may need some assistance to understand jokes and puns. For example, they may have difficulty understanding and responding to phrases like “break a leg.
4. Repetitive Behaviors
Repetitive behaviors are a key diagnostic criterion for autism spectrum disorder (ASD) seen in the DSM-5. Autism spectrum disorder is a serious developmental condition that can affect a child at any stage of development. Children with ASD may repeat certain behaviors such as repetitive movements or vocalizations. These behaviors can be dangerous and may cause self-harm, including banging their heads against a wall.
Another way that this sign might manifest is in verbal repetition. Autistic patients might repeat words or phrases constantly in conversation, as well as their favorite routines.
5. Fixed Routines
People with autism experience greater sensory sensitivity, which can be challenging for them in a wide range of ways.
People with ASD are known to have very specific routines that they adhere to, like organizing objects by color or lining up shoes in a certain pattern. Because of this, these routines can be very important to them and so they will do anything to ensure they are followed.
The routine a patient develops is often hard to change. However, something that has become an ingrained habit is often very difficult to change. If a person with autism cannot complete or perform their habitual routine, as usual, they can become irritated and even angry.
6. Fixed Interests
This is a common symptom of autism. It needs to be taken in stride and not cause undue concern for parents. Many people experience changes in their interests during their lifetime. These changes are normal and not something to be concerned about.
The autism spectrum disorder (ASD) is a collection of behaviors that can arise in people with intellectual disability — from mild to severe levels. People with ASD often have a hyper-focus on a particular area, and they can become obsessed with a specific thing or activity. If this fixation goes unchecked, it can interfere with an individual’s daily life and cause
7. Abnormal Response To Sensory Stimuli
Sensory stimuli can be interpreted in different ways depending on the person experiencing them. Some individuals may find it easier to understand and process information visually than additively. This is perfectly natural and nothing to be concerned about.
A person with Autism Spectrum Disorder (ASD) may find it difficult to separate sounds and recognizes that certain sounds are more meaningful to them in comparison to other people. It can happen that some individuals experience an overreaction to the sound of a doorbell or a loud noise, while others experience an underreaction.
8. Issues With Non-Verbal Communication
Non-verbal communication is an extremely important part of our daily lives. It allows us to set the tone of conversations, provide context for speeches, and help others who are listening to understand what is being said.
The most common sign associated with ASD that shows up in this sub-category is a lack of eye contact. In addition to these two factors, the absence of gestures, especially gestures that communicate non-verbally, may also indicate that a person has difficulty expressing his ideas and feelings during a conversation.
9. Delayed Language
Developmental milestones are important, but they can be difficult to measure accurately. We can’t always remember when our child began to crawl or walk. A child’s developmental milestones are guidelines based on statistics and are not always accurate. Usually, a child will start walking at about 1 year old. For most babies, this is a pretty standard age, so it’s not that uncommon if your little one starts walking sooner or later.
The same holds true for individuals on the autism spectrum. The issue with children with ASD is that they may not be stimulated by typical stimuli. Most children will respond positively to a hug or smile, which would lead them to behave in a manner that is rewarding for more positive reinforcement.
For children with ASD, often struggle to develop speech and language skills because they may not receive the proper reinforcement.
10. Odd Play
According to the psychology of play, kids will play in a number of different ways throughout their childhoods. From ages 1 to 3, they will most likely have nothing but their own toys, doing things on their own. At age 4, they will begin to join in with other children and start to get involved with the group. At age 5, they will begin to play with others, called “peer-to-peer play”.
Kids with autism spectrum disorder will develop a unique pattern regarding toy play. Some kids will be fascinated with one component of the toy and not interested in playing with it.
Prediabetes is a condition in which a person’s blood sugar is chronically elevated, though not so high as to indicate full-blown diabetes. It means that a combination of risk factors is leading you down the path toward type 2 diabetes and all the negative health consequences that entails. By some estimates, type 2 diabetes can shave 10 years off of your life.
The good news is that prediabetes is reversible. The sooner you recognize the problem, the sooner you can turn around some of the risk factors for the disease, such as being overweight or obese, living a sedentary lifestyle, and consuming too much added sugar. There is also a genetic component that you can’t change, but you can still protect yourself by paying strict attention to a healthy diet and exercise regime.
Your doctor should already be testing your blood glucose at your regular checkups, but how can you tell if you are prediabetic throughout the year?
There are some subtle symptoms that together could spell trouble. Some, like #3 and #4, are sneaky and may not appear to be related to prediabetes even though they are. Read on to get proactive about the risk posed by prediabetes.
1. High Blood Pressure
People with high blood pressure are at an increased risk of prediabetes because hypertension forces the heart to work harder to move blood around the body. This in turn makes it more difficult for the body to eliminate excess sugar from the bloodstream.
Hypertension and prediabetes are conditions that exacerbate each other, and studies have shown that having both greatly increases your risk of heart failure.
Unfortunately, both prediabetes and high blood pressure are largely asymptomatic at first. If you know that you have hypertension, you should get serious about preventing prediabetes right away.
2. Blurry Vision
Both prediabetes and full blown diabetes can negatively impact your vision. When blood sugar levels swing wildly from high to low, it can cause fluid to leak into the lens of your eye. That happens because your body has gone into overdrive to pull as much water as possible from cells in order to flush out excess sugar. The effect on your eyes is that they swell and change shape, eventually preventing them from focusing properly.
There are a lot of other potential causes for blurry vision, but if you can link yours with any of the other symptoms on our list, prediabetes could be the culprit.
3. Skin Problems
Sometimes problems on the inside of our bodies manifest on the outside. Prediabetes is known to cause shiny, scaly patches or else dark, velvety patches on the skin, due to increased levels of insulin in the blood.
Prediabetes also begins to compromise blood circulation, which can cause itching in your extremities, especially the legs. Full blown diabetics are at risk of losing a foot due to severely compromised circulation, so you must act fast if you suspect your skin issues are related to prediabetes.
4. Gout
Gout is a form of arthritis that causes sharp uric acid crystals to grow within joint tissue. It is incredibly painful, and may also signal prediabetes.
Once considered a disease of kings (Henry VIII was a famous sufferer), gout often occurs due to a rich and overabundant diet. It tends to affect people who are overweight more frequently, and obesity is also a risk factor for prediabetes.
5. Unexplained Increase in Hunger
Sugar, or glucose, is a fuel source we need to power our bodies. But when we get too much, insulin produced by the pancreas becomes unable to process glucose effectively. That leaves a lot of sugar floating around the blood, where it cannot be used for energy. As a result, you may feel hungry soon after a meal, because your body hasn’t gotten what it needs.
Hunger is usually a good cue to eat more, but in the case of prediabetes, it won’t help the problem. It is better to drink some water to help flush extra sugar out in your urine, and partake in gentle exercise to improve your body’s insulin sensitivity.
6. Extreme Fatigue
The same way that excess blood sugar can lead to hunger it can also lead to exhaustion. When your body isn’t getting the fuel it needs, despite eating full meals, you are bound to feel tired. This symptom may exacerbate other risk factors for prediabetes as well, because of course when you are drained and exhausted you feel the need to rest.
But when the fatigue is chronic, you may scale back on the physical activity necessary to maintain a healthy body weight. It’s also common to rely on fatty convenience foods when you feel too tired to cook (not the mention do the dishes afterwards). Sedentary lifestyle and poor diet are the two biggest risk factors for prediabetes.
7. Increased Thirst
Increased thirst, especially after a meal, can signal prediabetes. Your body has begun to work very hard to eliminate excess glucose from the bloodstream, and one of the ways it does this is by diluting the blood and flushing unprocessed sugar out via urine. To get that water, your body will often pull it from surrounding cells, leaving them dehydrated and you chronically thirsty.
When you are locked in this vicious cycle, you may experience dehydration no matter how much you drink. However, there is some evidence that staying properly hydrated on a daily basis can help prevent the development of prediabetes and eventually, type 2 diabetes. Water and blood sugar regulation go hand in hand.
Conclusion
Prediabetes is a warning sign that something must change in order to stay healthy. If, after reading our list, you find that you’re experiencing several of the warning symptoms of prediabetes, don’t panic. With proper attention, it is still reversible. The first step is to make an appointment with your doctor to be assessed. He or she can provide helpful advice on diet and other preventative steps.
We recommend laying out a series of small, sustainable changes that you can build upon. Start by drinking more water every day and taking the stairs instead of the elevator whenever you can. Then cut out sodas, or fast food meals, or your sugary bedtime snack. Find a workout buddy. Experiment with new fruits and vegetables.
Today, we’re talking about six ways insurance companies trick accident victims. I’m attorney David Dismuke, Florida Bar board-certified civil trial lawyer and Founder of Dismuke Law –1.800.ASK.DAVE.
1 – They tell you if you got the ticket you lose
The first way that insurance companies trick accident victims is by telling people: “If you got the ticket, then the deal is done. You are at fault, there’s nothing else to discuss.” That’s not true. In civil cases here in Florida, the ticket is not admissible. Whoever got the ticket is not going to be a part of your case for damages when you go to trial. Don’t let the insurance company trick you into thinking that, because someone got the ticket, it’s over. Even better yet, Florida is a pure comparative negligence state. You could be mostly at fault, but if the other side is 10% at fault, then you are still entitled to 10% of your damages. So, don’t let the insurance company trick you into thinking if you got the ticket, the deal is done. That’s not the way it works in Florida.Volume 90%
2 – If you didn’t get treatment within 14 days you can’t make a claim
The second way insurance companies trick accident victims here in Florida is that they make you think if you didn’t get treatment within 14 days of the car crash, you can’t make a claim. This is confusing to people because they hear on the radio that you have to treat within 14 days to be entitled to personal injury protection. That’s true. You have to treat to get the PIP benefits. But, the PIP benefits are what we refer to as no-fault benefits, and it pays up to $10,000 of your medical bills. That doesn’t affect your claim against the person that causes your accident. You can start treating after 14 days and still have a legal right to bring a claim against the person that caused your crash. But insurance companies know that when they send the letter saying “You didn’t treat in 14 days, we’re not going to give you any benefits”, that it scares a lot of people off, people who have been putting off treatment but the symptoms haven’t gone away. If you’re still hurting, even if it’s longer than 14 days, you still might have a right to get a recovery against the people that caused your accident. Now, there has to be coverage, and it can get complicated, but don’t think you can’t recover just because the 14 days ran.
3 – If there’s not a lot of property damages, you wouldn’t have been hurt
The third way insurance companies trick accident victims in Florida is they make you think if there’s not a lot of property damage, you couldn’t have been hurt. That’s not true. I have deposed doctors over and over again here in Florida, who have agreed with me that there is no direct correlation between the amount of visible property damage and the amount of injuries in a car crash. People can be in huge car crashes and walk away relatively unscathed. By the same token, you can be in what appears to be a minor accident and have lots of problems. The human body is dynamic, car crashes are dynamic, and it depends on a lot of different factors. Don’t let the insurance company trick you into thinking if there’s not a lot of physical property damage; you can’t get a great settlement out of your case.
4 – Once PIP is exhausted you can’t get any more money for treatment
The fourth way insurance companies trick accident victims is they make you think once your personal injury protection is exhausted, that you can’t get any more recovery out of your case. That’s not true. Once your PIP is exhausted, you still have every right to pursue the person who caused your accident. So, don’t think that just because you’ve exhausted your PIP, you have to stop treating. You have every right to continue treating if you need it, and you still have every right to get whatever your medical needs are compensated from the person who caused your traffic crash.
5 – All your symptoms are due to degenerative findings
The fifth way insurance companies trick accident victims is they blame all of their symptoms on degenerative findings. Insurance companies like to suggest that if you have degenerative findings, it must all be because of degenerative findings, and not because of your traffic crash. That’s not true. I’ve taken defendant’s doctor’s depositions, and they usually will agree with you that if you have degenerative findings before a traffic crash, you’re more likely to suffer pain and discomfort following a traffic crash. And if you have those degenerative findings, you’re probably going to need more treatment than someone who didn’t already have degenerative findings. The truth of the matter is, your degenerative findings are going to require you to need more treatment than someone who doesn’t have degenerative findings, and all of that treatment is because of the traffic crash. Don’t let them fool you.
6 – If you have pain it’s due to prior injuries
The sixth way insurance companies trick accident victims is they like to make them think that if you have problems, it must be because you had prior problems. Prior accidents, prior trip- and-falls, prior workers compensation cases, anything except for this accident. Don’t let them fool you into thinking because you had prior injuries, you can’t make a claim. That’s silly. A lot of times, people fall for this, and they do something even worse: they try to hide the fact that they’ve had prior problems. Own the fact that you’ve had prior problems. Be honest with your doctors about your prior problems, so your doctors can sort through what’s new versus what’s old.
One thing that’s most annoying about the insurance company playbook is that these are just arguments. Words are cheap. If they have medical evidence saying these things are true, you’ve got to think about the case differently. If they have accident reconstructionists saying there’s not enough force from the impact to cause your injury, you’ve got to think about the case differently. But, an adjuster sitting in an office arguing with you about this stuff is not evidence. The adjuster is not going to come to testify in your trial. Usually, you have superior evidence, by and through your treating healthcare providers. Your healthcare providers are writing records saying that your stuff is related, an adjuster is just throwing stones, 9 out of 10 times.
In order for dividend investing to work, you first need to make sure you select the best stocks, and that you do it at the best moment.
There is no secret recipe to picking successful dividend-paying stocks, but there are a few things that will make the process easier and more reliable, leading to decisions that are more likely to be profitable in the long run.
What Is a “Quality” Company?
This question can be answered in a thousand and one ways. A quality company can be a company that brings value to its customers and to the market. It might be a company that is showing constant growth. Or it might simply be a company that has a proven track record of success in whatever endeavors they engaged in.
It all depends on where you stand and the lens you use to look at this question. If you have to filter this matter through the most important aspect of dividend investing (long-term reliability), a quality company will usually meet a cumulus of characteristics.
In theory, it’s all very easy: you need a company that does pay dividends and then reinvests those dividends over the years so that you increase your net worth.
However, the quality of the company you are investing is can make or break this simple plan. Otherwise, you might have to face severe cuts in dividend payments, the complete elimination of these payments, or simply stock price depreciation.
The most important characteristics of a good company for dividend investing include the following:
Consistent profits. If a company records amazing profits one year and drops well below that the next year, it’s a clear sign that it might not be the steadiest business.
Growth. As it was mentioned before, the best dividend paying companies are not growing at a staggering rate – but they are
steady in the way they do this. This is quite important because you want to invest in dividend stocks that will appreciate over time. In general, look for businesses that show growth expectations that range between 5% and somewhere around 15%. Anything above that might lead to severe disappointments that will eventually hurt your portfolio’s performance.
Good cash flow. Earnings are one thing, and cash flow is a completely different matter. The first will show you if a company is doing a good job, but the second will actually tell you whether or not that company will actually pay its dividends.
History. Generally, you should look for businesses that have increased their dividend payments over the past 5 years (or more). This will make it more likely that your chosen company will increase their dividend payments over the next years as well.
The ex-dividend dates. This is quite significant because buying shares after this date means that you will not be eligible for the current round of dividend payments.
Debt. Most companies have some form of debt, but you should definitely stay away from those that show excessive debt. As you will see later on, there is a special ratio that should be calculated to help you determine just how indebted a company is. Most of the times, companies with a debt to equity ratio of more than 2 are to be avoided.
Industry. This is a characteristic that is frequently overlooked, but you shouldn’t make the same mistake. For instance, investing in an oil company might not be the best option, precisely because the entire industry is hanging by a string. With oil reserves running low and new technologies pushing electric cars further (both in terms of performance and in terms of pricing), oil companies might soon find themselves struggling. It might not happen overnight, but it is more than likely that they will not continue to grow any further.
At the same time, the healthcare industry is likely to boom over the next years. Not only are more and more discoveries made, but with the very numerous Baby Boomer generation aging, it is very probable that health services will be in higher demand over the next decades.
Low CAPEX (Capital Expenditure). Companies with lower capital expenditure are past the phase where they need to constantly reinvest their profits for further growth. Consequently, this means that they are more probable to pay dividends, rather than reinvest their earnings entirely.
This should be put into perspective a little. Some industries (like tech) need constant improvement and growth, so it should be a generally bad sign that a tech company is investing a very small percentage of their earnings into further research and growth. At the same time, companies like this are unlikely to pay dividends anyway, so you might as well avoid them altogether. A decent CAPEX is OK for dividend investing, but if most of the company’s earnings are going into reinvestments, it is best to just move on to another option.
Fundamental analysis is important, and it plays a central role in the analysis of buy-and-hold and dividend investors. Its also important for swing traders to determine the health of a company you are thinking of investing in. However, the main tools of trade for the swing trader center around technical analysis and reading charts. Over the course of days, you are interested in spotting trends, changes to trends, and price boundaries for stocks. There are several tools used to do this but one of the most important tools in the industry goes by the name “candlesticks”. These are colored markers on stock charts, and they can be displayed for any time frame of interest. For example a day trader may look at 1 minute, 5 minute, 1 hour, or 4 hour candlesticks. As a swing trader you’re probably more interested in looking at daily candlesticks and then following trends as they develop over days and weeks. In either case, candlesticks work the same and the same rules apply. Please note that while we will often refer to “stock” in our discussion, candlesticks are used in any investment context such as with Forex.
Swing traders are going to make money on price swings, as the name implies. Trading strong trends is one way that swing traders can handsomely profit. However, you can also profit when a security is trading in a range of prices, that is bouncing up and down between two price levels and not seeming able to break out. Profits are still to be made as the price fluctuates up and down, although you may be making larger profits when trading trends. In fact most swing traders look to trade trends for this reason. Some traders will do both, trading ranges as a matter of course and trading trends when the opportunities present themselves. In this chapter we are going to look at some tools that help you spot reversals, which are important for looking at entry and exit points for a trade. We will also discuss more about trends at the end of the chapter.
Price Action
Price action is a simpler, mainly visually oriented approach to technical analysis. Price action indicators include looking for trends, familiar chart patterns, levels of support and resistance, and other chart signals to determine when to enter and exit trades. Basically, you make your trading decisions, when to buy and sell, based on the price movements of the stock that you’re seeing. Many of the indicators that are used in price action trading are visual, and include the use of candlesticks or chart patterns. Other indicators used are checking basic data such as trading volume. Some traders are only price action traders. Others use more technical analysis indicators like moving average and other mathematically based tools that we discuss in the next chapter, and still others use a combination of the two methods.
Price action traders will look for breakouts. A stock might trade within a range for a long time, and then suddenly move up out of the range. For example it might be trading between $100 and $120 a share for 25-40 days. Then when a trader sees the stock price rise to $125, that could be a signal of a coming breakout into an upward trend. The trader may take the price change into consideration with multiple indicators like what the candlesticks are saying along with trading volume. A high trading volume could indicate a lot of excitement building for the stock, which could indicate future price increases.
Price action trading doesn’t require as much time put into research, and many price action traders completely ignore things like fundamental analysis. Once you familiarize yourself with candlesticks, price bars and chart patterns, that may be all you need to decide when to enter and exit trades.
Part of what price action traders look for are trends, and ranges. Trends and ranges
Trends are long term movements of a stock in one direction or the other. You may see a trend or you may not depending on what kind of time frame you are looking at. As a swing trader, you need to pick out the time frame you are most comfortable with, be it a few days or a few weeks, and then look for trends within those time frames for the securities that you are interested in.
Inside any trend, there are going to be shorter term fluctuations. If investors are bullish on a stock, the trend may be moving up slowly and it may be unstoppable, at least for now. The upward trend may be clear over the course of a week or more, but on any given day you might not see the trend. If the trend is steeper, indicating stronger investor interest, then you may spot the trend on shorter time frames as well.
An upward trend means investors want to get in on the stock, and they believe its undervalued. You can double check their interpretation of the situation by looking at company fundamentals like price to earnings ratio. On the other hand, a trend may be downward if the future prospects of the company are not good, or investors believe the stock is overvalued.
Sometimes you will see sideways moves. A stock may see a peak value, indicated by a “hill” followed by a small drop, and then it remains in a sideways area for a long time. Stocks are moving sideways when they don’t move particularly strongly in one direction or the other. This is often referred to as a range, or we might say the stock is “boxed in”. Of course any range is not a flat line. Instead, you are going to see the stock bouncing around an average price, rising a little bit but not too high, and then dropping back down again, but quickly reversing course. Neither the bears or the bulls have control.
A sideways action can be an opportunity to take advantage of small price moves to make small profits, however it can also be a dangerous zone to be in. Many times if a high price drops a bit and is followed by a sideways movement, then the stock may end up entering a major downturn. When you see sideways movements you always want to check your indicators, including all of the tools we discuss in this chapter.
It’s also possible for the stock to be sideways, but then break to the upside. In the following sections, we will describe candles that can be very helpful in estimating when such a breakout is going to happen, and which direction it might move.
Causes of Price Action
Movements of price in the stock market boil down to basic economics. When there is a larger number of buyers, and people are excited by the stock, sellers can demand higher prices. You can find out what’s going on by examining the bid and ask prices for any financial security, including stocks. The bid is the current price that investors are willing to pay or offering for the stock. The Ask is the asking price. When a stock is rising in price the Ask is going to be higher than the bid and vice versa. When a stock is rising, a seller can ask for a higher price and wait it out, waiting for a buyer to finally agree to the price. More buyers means prices are going to rise.
When there is lower demand, when bad news comes out or people simply think a stock is overvalued, then prices drop. So you have a situation of increased supply and reduced demand, and what that really means is that there is reduced demand at the price that people are asking. Unless there has been a catastrophic event, there is always demand for something – but the question is at what price are people willing to pay in order to own the asset?
Herd mentality often takes over with stock markets, driving trends to ridiculous highs or ridiculous lows. When people are suffering from “irrational exuberance”, the prices of a financial asset can be driven sky high. This happened in the 1600s in the Netherlands when people began trading tulip bulbs, as if this was something of financial value. It led to a mania where the prices of tulip bulbs skyrocketed, and people were getting rich by buying and selling tulip bulbs. But as you might guess, the herd mentality and exuberance eventually wore off and the fake market collapsed. While many people had become rich in the interim, a lot of people ended up losing everything, because they were the ones holding the bag when the entire situation came to a halt.
Of course with stocks, there is real value underlying the financial instruments being traded, the ownership stakes in the companies themselves. That said, there are times when irrational exuberance will inflate stock prices. One signal to look for is unusually high trading volume, and a steep increase in the curve on the stock charts. You can avoid falling prey to this problem by not letting greed dictate your trades. Always have set entry and exit points so that although you might be forgoing certain unrealized profits, you will get out before there is a big crash, if one is coming.
This can work in the opposite direction as well. Its more than possible that panic will set in, and it often does. A professional trader always has stop loss orders in place. That way their trades are not governed by panic, they get out of the trade when its not worth it to be in the trade anymore. This is better than following the herd over the cliff. People who trade emotionally usually stay in their positions too long, clinging to hope that the trade will reverse. By the time they come to the realization that its not going to, at least not anytime soon, the stock is priced well below their original investment.
Later we will show a graph of a counter trend, which is simply a move against the overall trend. Pay attention to the strength of counter trends. If they are growing in strength over time, or there is a particularly strong one in the midst of a long upward or downward trend, the counter trend could indicate a coming reversal. You will want to confirm looking at your candlesticks or indicators, but looking for counter-trends is easy and it’s often the first signal that change is coming. Boxes and ranges can often indicate that a change in direction one way or the other is coming. Tesla provides a nice example of some of the things we have been talking about. On the left side of the chart, we note that there was a hill or bump in price, and then price dropped a bit leading to a long term zone of sideways movement. But, that sideways movement was followed by a break toward a lower stock price.
After we have finished this chapter, you will want to study charts like these and see if you can spot the signals of coming trends, in the middle of the charts. Here is how it would have looked on March 8.
This also shows the importance of keeping up with financial news. Although there is a downward trend toward the right of the graph, do you think it’s a counter trend, just a temporary interruption of a sideways move, or do we see the possibility of a coming reversal or breakout to the upside? Notice the bars along the bottom of the chart. These represent trading volume. Something to notice is the downward trend at the far right of the chart shows a big increase in volume. That indicates a lot of traders were figuring now was the time to get out of Tesla, and the chart we looked at earlier proved them right. Volume is one of the things you should look at when trying to determine the strength of trends.
Price Bars
The first thing you might consider are price bars, which show you how the price of a financial security changed over a given time period. When you add price bars to a chart, the color of the bar will indicate whether prices rose over the trading period indicated by the bar, or whether they fell during the trading period indicated by the bar. Falling prices are indicated by red bars, rising prices are indicated by green bars. The length of the bar is important as well, with the top of a green bar telling you the highest price and the bottom of the bar telling you the lowest price. For red bars, it’s the opposite with the top of the bar representing the opening price, and the bottom of the bar representing the closing price. Horizontal ticks or lines on the bars represent high and low prices for the day. This is an example of a stock chart with price bars.
Most traders actually use candlesticks, which are pretty similar both in the information they provide as well as in ways to use bars to interpret coming changes in trends. Therefore we will introduce candlesticks and then look at important patterns that indicate changing trends in pricing.
Basics of Candlesticks
A candlestick tells you the range of prices and open and closing prices for a given time period – and they also tell you whether or not the trading was bearish or bullish for the given time period. That is, if investors were buying and pushing up prices, or if they were selling off.
Bullish candlesticks are colored green, while bearish candlesticks are colored red. The color designations allow you to see at a glance whether or not traders were buying up or selling off the security over the given time period.
A candlestick has a thick, colored body. Whether or not the color is green or red changes the meanings of the top and bottom of the body. If it’s a green, and therefore bullish candlestick, that means that the stock closed at a higher price than it opened, for the given period. Remember that the period can be different lengths of time, so if the candlestick is a five minute candlestick, the open reflects the price at the beginning of the five minute period, while the close represents the price at the end of the five minute period. If the candlestick is a daily candlestick, then the prices are the true opening and closing prices for that trading day.
For a green, or bullish candlestick, the top of the candlestick is the closing price. The bottom of the candlestick is the opening price. For a red, or bearish candlestick, the top of the candlestick is the opening price, and the bottom of the candlestick is the closing price. That reflects the fact that the price dropped over the trading period.
Each candlestick may have wicks or shadows extending out of the top and bottom of the body. The top wick is the high price for the period of interest. Sometimes the high price is going to go well above the opening and closing prices, but at other times it will only coincide with either the closing price or the opening price. The same applies in the other direction, and the bottom wick represents the low price for the time period.
For example, if a candlestick is red or bearish, it could have a long wick on the top, which indicates that bulls pushed the stock price up during the time period. However, the stock still closed at a lower price, and so the bears won out over the time period. Or put another way, for part of the time period investors were buying up the stock, but in the end there were more sellers than buyers, leading to a lower closing price.
Engulfing Candlesticks
At this point you should already noticed the candlesticks provide a great deal of information when it comes to analyzing the market. The candlestick color indicates overall investor sentiment. You can also get a gauge on the investor sentiment from how the high and low price went and how the closing and opening prices went. However by comparing one candle stick to the previous candlesticks to its left, which therefore represent earlier time periods, we can see what the trend is doing. The most important thing to look for in candlesticks is whether or not the trend is entering a reversal. A reversal can be an indication that it’s time to sell off the stock, or if it’s bottoming out and you see a reversal, it could be a time to enter a trade, in anticipation of coming gains.
Most important candles in this regard is the engulfing candle. What this simply means is that you see a candle that is much larger than the candles to its left. Particular we are interested in a change of color when seeing and engulfing candle. This can indicate that the investor sentiment has changed.
So if you see a small red candle followed by a large green candle, that could indicate that there was been a shift from selling off to buying the stock. Conversely, if you see a green candle followed by a much larger red candle, that could indicate a Cumming downturn. What it tells you is that investors have shifted from buying up the stock to selling it off.
It’s important to realize that while these candlesticks are good indicators, they are not fortunetellers. Therefore you shouldn’t take them as an exact predictions and before entering a trade or exiting a trade, you should look at other indicators besides the candlesticks. That said, knowing the candlesticks and what they mean is a very important part of technical analysis. In the image below we see an engulfing candlestick. This took place at the bottom of a downturn in the stock. It was followed by an upturn as you can see in the image. In short, the engulfing candle indicated a coming change in trend.
Notice the green candle which is circled has a much larger body than the red candle that preceded it a day earlier – indicating that the stock opened relatively low and rose quite a bit during the day. This was followed by an uptrend in the stock price.
This works the other way too, as the image below shows. When you see a red candle that engulfs a previous green candle, or that is a bearish candle that engulfs a bullish candle that happened the day before, that is a strong indicator for a change in trend, to the downside.
In this particular example, there are two large red or bearish candlesticks in a row, indicating a strong downward trend.
Shooting Stars
Another signal that can happen at the top of an uptrend is a shooting star. This is a red or bearish candlestick with a long wick shooting upward. The long wick that shoots upward indicates that the price during the day reached a very high level, but by the end of the trading day investor sentiment had become negative, so much so that the price dropped and ended up lower than the opening price for the day. This can indicate a coming trend reversal toward a lower stock price.
If the body is green (bullish) and the candlestick occurs at the bottom of a downtrend, its known as an inverted hammer. An inverted hammer is a different kind of signal, because it means that while the price reached a high during the day and it closed lower than the high, it still closed at a higher price than it opened for that trading period.
A hammer at the bottom of a downtrend is taken as a signal indicating a coming reversal to an uptrend. This is a bullish or green candlestick, with an extreme low price for the day or time period, but the sell off was temporary and not enough to overwhelm the bulls. So the stock ended up closing at a higher price than it opened at even though there was this sell off at some point.
A hammer by itself is not an indication that you should buy the stock. You need to look for a confirmation from another indicator such as a moving average crossing, or you can wait for the next days trading to see if there is a second bullish candle indicating a genuine uptrend.
Harami Patterns
Sometimes, when you are at the bottom or top of a trend, a simple change in candlestick color without engulfing can be a signal of a changing trend. This is called a Harami pattern. For a Harami bullish trend, you are going to want to look for two bullish candlesticks in a row. The next example shows a nice Harami bullish signal. Although the red or bearish candlestick has a larger body than the succeeding bullish (green) candlestick, the change in investor sentiment at the bottom of the downtrend has to be noted. This was followed by a very large bullish candlestick, which indicates that the closing price went up much higher than the opening price for the day. This was indeed followed by an uptrend.
You can also look for bearish Harami signal at the top of an uptrend. Again, it needs to be confirmed by a follow-on bearish candlestick, but when you see a bullish candlestick followed by a bearish one at the top of an uptrend, that can be taken to be a sign of a trend reversal. A second bearish candlestick will confirm it, or a crossing of the moving averages.
Piercing Lines
First lets take a look at a bullish piercing line, which is something you will be looking for in a downtrend. What you are going to look for is a bearish candle followed by a bullish candle, but the opening price for the bullish candle is lower than the closing price of the previous day. Then, however, the closing price of the bullish candle ends up higher, above the mid line of the previous bearish candle. This is a very strong indicator of changing investor sentiment and a coming upward trend in prices. You can get confirmation but many traders will not require confirmation if they see this signal. In the bullish piercing line below, the opening price in the bullish candlestick was lower than the previous closing price, but the price rallied to close higher. This was followed by a solid uptrend in the price.
A bearish piercing pattern is the opposite, you will see a green candlestick followed by a red candlestick, that is positioned above the mid line of the bullish candlestick, indicating a higher opening price. However, during the day the stock was not able to keep rallying and there was a drop in price, indicating a coming downturn.
Dark Cover
In Bearish Dark Cloud cover, the stock will be trending upward. At some point along the trend you’ll see a bullish candlestick with a long body, indicating that the price rallied and closed a lot higher than the opening. But then the following time period you’ll see a red or bearish candlestick, and it will have an opening price that was higher than the previous time periods closing price, but during the day or time period a selloff begins and it ends up closing lower. This is a strong indicator that the uptrend is coming to an end, and its time to sell your shares.
Doji Stars
Investors also look for Doji star patterns, which occur with a three candlestick formation at the top or bottom of a trend and including a doji. At the bottom of a trend it will be a bearish candlestick followed by a doji, and then a bullish candlestick. The candlestick in the middle will have a very narrow body with long wicks extending above and below, indicating that overall for the day the share price opened and closed at about the same level, but there was a lot of activity during the trading day pushing the stock up high but also down low. A candlestick with long wicks but the same or very close opening and closing prices is called a doji. If this is followed by a bullish/green candlestick at the bottom of a downtrend, its taken as a strong signal of a coming uptrend and is a good point to buy shares.
This pattern can also happen at the top of an uptrend. In this case, you will have a green or bullish candlestick, followed by a doji. That means that again, prices were pushed high and low during the day, but it closed at the opening price or very close to it. Then if this is followed by a bearish candlestick, its taken as a signal that the stock price is about to turn downward.
Three White Soldiers
This is a candlestick pattern where you see three bullish candlesticks in a row, indicating a coming upward trend in price.
Support and Resistance
Now we leave candlesticks aside for awhile, and look toward different things to look for in stock charts themselves. Let’s review support and resistance, which are important in other price action strategies. The first thing to look for is support. This is a low pricing level that the stock doesn’t seem to drop below for an extended period of time. You are going to see the stock bounce off the support price level but never or barely go below it, so the stock might have a zig-zag kind of pattern.
Likewise, the stock will have a level of “resistance” that it cannot cross when increasing in price. So this is a high price level that the stock will flirt with but seemingly be unable to cross.
The stock chart might have a general appearance like this:
Here is a real example, where for a time Netflix was “boxed in” between two share pricing levels:
While profit opportunities may not be as large, support and resistance represent important pieces of information. For example, you might enter a trade just as it comes off the support pricing level, with a goal to sell when the stock approaches the resistance price level. While it may not be the highest profit you could make on the stock, its still a profit opportunity.
The importance of triggers
Support and resistance also offer opportunities to set triggers. What we mean is you are going to want to enter into trades with per-defined entry and exit points that you make real by placing limit orders. If you aren’t familiar with this concept, a limit order is an order to buy or sell shares that only happens if the market price matches the price you specify in the limit order. You can pair orders together in a “one order cancels the other” fashion, so that if one of your limit orders is executed the other one gets canceled. So you will want a limit order to sell the shares if the price drops too low to prevent losses, and you will want a limit order to sell and take profits if the price reaches a certain high point.
Support and resistance can help guide your decisions in where to place these orders. For example, in the Netflix chart above, the bottom line of support is $345.73 a share. We could place a stop-loss order slightly below the level of support, so we would put a limit order to sell our shares after we enter the trade at say $344.50. If the price drops to that level or below that, the trade would automatically execute and that would mean we’d be closing our position. But the purpose of doing this is to prevent ourselves from getting in a situation where we are taking too much risk, and possibly losing a large amount of money.
To ensure that you get profits, you should set a per-defined goal, and place a limit order to sell your shares if and when that point is reached. This helps you avoid getting into a problem of being overwhelmed by greed, a situation that has destroyed many traders. If you start hoping for too much profit in individual trades, you are just as likely to see yourself waiting too long to exit, which means you’ll be in a situation where the stock drops off and you end up not realizing any profits at all. Its better to treat your trading as a business and set specific, realizable goals. If a stock is showing a level of resistance, that is one indicator you can use. In this case, the Netflix stock was topping out at $383 a share. So we could set our limit order a little bit below that, say $382.50. If we had recognized this pattern in the chart as it was forming, we would have realized that when the stock was around $345 a share it was a good time to buy. Entering into the trade, say with 50 shares, it would have cost $17,250 to buy the shares. A limit order to sell at $382.50 would have gotten us $$19,125, and we’d profit $1,875 from the trade less commissions.
This Tesla chart shows the value of placing a stop loss order. The earlier part of the chart could have indicated a situation similar to that with Netflix, where it would have a level of support. However you see there is a break toward the downside with share prices dropping from $273 all the way down to $178. If we are disciplined traders, we would have sold early avoiding the downside. However, if we were emotional traders hoping for a turn around, you might have been stick with your shares when it dropped into the $178 range, and faced big losses.
Watch for Counter Trends
A counter trend is an opposing move that is a part of an overall, larger trend in one direction. For example, a stock of successful and growing tech company is going to spend a lot of time moving upward. As part of that larger upward trend, there will be counter-trends that temporarily move in the opposite direction. Counter trends can represent buying opportunities.
ABCD Patterns
The so-called A-B-C-D chart pattern indicates a breakout to higher price levels. The stock rises to an initial high at point A, which is followed by a counter-trend to point B. The price level A represents the ‘breakout’ price that the trader expects to either represent the high price point or a coming marker for higher prices. The point B is taken as the risk level or new level of support. After reaching point B, the stock will rise a little and show a slower uptrend along C, until it eventually reaches a new high at D. The trader will use point A as the guideline that can determine where to set a limit order to sell and take profits.
Trading Volume
Trading volume is an important indicator, as we mentioned earlier. One of the first things you will need to do when considering volume is to determine what the historical trading volume for a stock is. The word historical should be considered carefully, as historical doesn’t necessarily mean you take the all time average or go back 20 years ago. Historical trading volume that is more relevant is how has it been going recently. If you start to see a large increase in trading volume coupled with a trend reversal, that could be a signal that more trend reversal is coming. Whenever you see other signals, such as candlestick indicators that are coupled with increased volume, that should reinforce your confidence in a trading situation.
Retracements vs. Reversals
One of the most important things that new swing traders need to become conscious of are retracements. These are small counter trends that can look like trend reversals over the short term, but they are not real reversals. Rather, they are small random blips in the midst of a solid trend that is continuing one direction or the other. They key to recognizing a retracement as compared to a genuine reversal, and its not easy, is to look for the share price breaking through previous levels of support if we are looking for a new downward trend, or resistance if we are looking to identify a new upward trend. This chart showing SPY, which tracks the S & P 500, is a good example. For most of 2018 SPY showed a steady upward trend. Retracements are indicated by the dotted arrows. These were short term counter trends that were not interrupting the inexorable upward trend. Toward the end of the year, we see a massive downshift, that broke levels of support. That is indicated by the dotted oval in the chart. This was followed by a genuine downward trend. Note the rise in trading volume indicated by the vertical bars at the bottom of the chart.
You will notice that another signal is present toward the right side of the chart. While SPY seemed to enter a sideways area for a time, there is another red candle with an extremely large body, which of course was followed by plummeting share prices.
Even professional traders have difficulty distinguishing between a retracement and a real change in trend that would qualify as a reversal, but you should spend time studying charts so that you can begin to recognize retracements more often than not.
Pin bars and price rejection
One thing to look for at (what may be) the peak of upward trends or (what may be) the bottom of a downward trend is a pin bar. This is a narrow bodied candlestick with a long wick sticking out in one direction or the other. When a candlestick has a long wick, that means either the low or high price was way out of proportion to the open and closing prices – and so was rejected. A high price that is rejected at the top of an upturn can indicate a coming reversal. In the snapshot below, the green or bullish candle in the middle has a high price that went well above the closing price, and you can see this was followed by two bearish candlesticks (two days of declining prices). This could be taken as a sell signal, or a buy signal if you were shorting the stock.
At the bottom of an uptrend, when you see a low price that was rejected, that is the candle ended up with a much higher closing price, it could be a buy signal for bullish investors. Of course, you should always protect yourself by utilizing a stop loss order. In the event that you are wrong, you can put the stop loss order at slightly below the most recent low, to prevent your trade from being caught up in a renewed downward trend.
Inside Bars
Another price action strategy is to look for inside bars. This is when a long bar is followed by a smaller bar that would completely fit inside the previous bar, but it’s the opposite type. So its kind of like the reverse of an engulfing patter. Forex traders in particular like trading inside bars. They can represent a coming breakout.
In the image above, on the left we have a bullish bar followed by a smaller bearish candlestick, while on the right side we see the opposite situation, a bearish bar followed by a smaller bullish bar. If either of these are seen in part of a trending market, they can be taken as a signal of a coming breakout. When occurring in or near a level of support or resistance, the pattern can indicate a coming trend reversal. You should confirm this type of signal with other indicators.
Time Frames for Swing Traders – Again
It’s important that you not get too deep into the forest for the sake of looking at trees. As a swing trader be careful about over analyzing and looking at time frames that are too small to be relevant to the types of trades that swing traders are going to make. If you are utilizing price bars or candles, going with a 1-day time frame for the candles is the most reasonable way to do your analysis. Look for zones of support and resistance on time frames of days and weeks, but avoid falling into the trap of zooming in to see smaller time scales. These are simply not that relevant to the swing trader in most cases. You will find at times that looking at different time scales can help you “zoom in” on true support levels, but in most cases the added information is not going to be significant enough to matter.
Determining Key Levels
You can eyeball a chart and estimate where the price fails to break above or fall below, that part is easy enough. However, how can you be sure that a certain price level is really support or resistance?
When it comes to trading, you can never be 100% sure of anything and can only play to increase your odds. One principle you can apply here to increase the odds that an apparent level of support or resistance is real is to require that at minimum, the price touches the level at least two times. Three times is better, and it can help to widen your time window to see if the price has been in this area before, and what happened. You’ll also want to look for pin bars near zones of support and resistance. Is the price touching the support or resistance level with the end of a long wick, or are open and close prices near the level? The latter can be a stronger signal.
Use chart styles that work for you
Study candles or price bars, but if a line chart makes it easier for you to spot trends, then go with that type of chart for most of your analysis. This works better for swing traders who are playing on weekly and monthly time scales. In those cases, the high and low of the day is less important than the overall movement in price. Don’t get in late on a trend
Everyone has some common sense about the stock market, after a long rally its probably not the best time to start buying lots of shares, since its more likely than not a “correction” is in the offing. The same holds true for trends. If a strong trend has been continuing for several weeks or even months, that is probably not the best time for a swing trader to load up on shares. While its true the trend may continue, the odds are starting to work against you at that point. Getting on board with a trend when its just forming is the best time, but of course identifying real trends early is something that takes a lot of experience and skill, and no trader is going to be successful at it all the time.
Since its often hard to identify a real trend, trading ranges can be more profitable for the disciplined trader. You can enter and exit multiple trades while trading ranges, and although you make a smaller amount of profit on each individual trade, when you can trade multiple times the profits can add up to be as much as you might get trading with a strong trend. A swing trader is going to have more success trading both ranges and trends, rather than only following big trends.
When trading ranges, there is always the risk of a breakout that occurs and you miss the signals. Suppose that there is a breakout to the upside. If the stock has been trading between $80-$100 for several weeks, you might buy at $80 a share and have a limit order to sell at $79.50. The order could execute and then the stock could rise to $110 or $120 a share, leaving you missing out on huge profits. Of course hindsight is always 20/20.
On the other hand, maybe the stock ends up moving the other direction, and finds a new level of support at $70. That is why its always important to have stop-loss orders in place. You don’t want to be in a situation when you are out golfing or at a doctors appointment and the price suddenly drops and you don’t find out until later. If you had a stop loss order in place, fine. If not then the losses could really take out a chunk and if you are trading on margin, get you in trouble with the broker as well.
One important way to deal with all the ifs, and, and buts when it comes to these issues is to decide what kind of trader you want to be and stick with it. You will have to live with the consequences, but that’s life. So if you are more inclined to look for bigger returns – a 10% or more move in the price of a stock, and the higher the better, you might be better off focusing on trading with the trend rather than trying to be a jack of all trades. The more you focus the more you can become an expert in your little niche, and really learn how to spot true trends, and therefore earn profits from them.
Finding trends can involve the use of sophisticated indicators, so we will discuss this in the following chapter.
Using Retracements to Enter into a Trade
Retracements can actually be used to our advantage. What we want to so is to look for signals in the data that indicate the trend is about to resume.
First you want to take advantage of a drop in share price, and so wait for the stock to have lower and lower highs for three days in a row. This will often be followed by bullish candles that are bullish because they’ve had higher closing than opening prices, but compared to the previous day the opening and closing prices might be continuing the down trend – for the moment. The fact the candles are bullish indicates that an uptrend is probably coming. The buy signal comes when you see the first candle that has a high price for the day that is higher than the previous day. Alternatively, you can wait for the stock to have three days in a row or more with each days low price lower than the previous day. This can be taken as the low point prior to a reversal.
In the candlestick chart below, notice that there are three bearish candles in a row with declining highs. This indicates a decent entry point or buy signal.
Should Candlesticks Guide Your Trades?
It’s important to keep in mind that no single tool should determine whether or not you enter or exit a trade. In the coming chapters, we are going to be learning more tools that you can use in conjunction with candlesticks and other indicators. So when you see a signal looking at the candlesticks, you’ll want to confirm it using other tools before making a move.
Fundamental analysis is a process by which you study the fundamentals behind a financial asset. On the Forex markets, you will be looking at the state of the economy, GDP growth, and political factors that impact the overall picture and stability of the country. If these items are looking good, that means the currency for that country will gain strength. But since currencies are traded in pairs on Forex, that means you also have to compare fundamentals between countries. If Europe looks strong but Japan is looking even better, then the Japanese Yen would strengthen as compared to the Euro.
When it comes to stocks and options, the fundamentals include profit margins, price to earnings ratios, cash flow and other indicators that give a picture of the overall health and prospects of the company. You’ll be wanting to take a look at quarterly earnings, and reviewing earnings calls for companies that you are invested in. Fundamental analysis also means looking for stocks that are currently undervalued. The price of undervalued stocks is likely to increase at some point in the future, so spotting an undervalued stock could be useful for the swing trader.
Since swing traders have different time horizons as compared to buy and hold investors, short-term results like earnings calls are going to take on a larger role, as compared to looking at trends in revenue and profits over the course of years. A good earnings call can send prices soaring, while failing to meet expectations can send stocks into a rapid decline. When there are events like this as a swing trader you have to be ready to seize upon them as quickly as possible.
It’s also important to keep your eye on company news of a more general nature. If a product fails or ends up creating legal trouble for a company, that can be an opportunity to short the stock or invest in put options. Alternatively, the release of a new product that exceeds expectations can be an opportunity to go long on the stock.
Financial Reports to Read and Where to Get The Information
The SEC requires that all publicly traded companies make audited financial statements available. This includes a prospectus and an important report filed annually which is called the 10K. In these documents you’ll find audited records that include items such as cash flow, balance sheets, and other financial data. They also include important information about the management team and competition the company is facing in its sector. The company must also give shareholders an overview of its future plans and information about attempts to enter new markets. You can visit company websites to get these reports, or do an online search using the company name with “10K” or “prospectus”. Summaries of financial information are also available on many stock websites free of charge. For example, you can get income statements, balance sheets and cash flow on Yahoo Finance for any company that is listed on the stock exchanges.
There is also another important report that may be released from time to time, called an 8K. These contain information similar to that found in a 10K, but they are only filed when important short term information has to be disclosed to investors. At times, the information contained in an 8K can have a major impact on share price.
Financial Statements in More Detail
There are three general types of financial statements, in case you aren’t fully aware. These include the following:
Income statement: An income statement will include information such as revenue, gross profit, and operating expenses. These reports can help you determine the overall health of the company, and you can look for trends in revenues and profits over the past few years. Be sure to look for net income as a percentage of revenue. As a swing trader, while you are going to want to have an understanding of the overall health of the company, you are going to be more interested in looking at quarterly statements and keeping up with earnings calls and other announcements.
Balance sheet: A balance sheet shows current assets and liabilities for the company. Current liabilities are of particular note on a balance sheet. You want to look at a balance sheet thinking about
the financial health of the company. Is it carrying a large amount of debt? Is the amount of debt increasing, and could that prevent the company from being profitable or paying dividends at current levels? These factors may make a company less appealing to investors. When a company is younger and in an aggressive growth phase, investors may be more tolerant.
Cash Flow: Cash flow is a summary of items such as net income, changes to inventory, depreciation, changes to liabilities and financing opportunities among others. Cash flow can give you a good overview of recent company performance and is another way to gauge the health of the company. Pay special attention to changes in inventory. Ask yourself if it looks like the company is able to move its product.
When examining quarterly data, you’ll want to compare quarterly results to the same quarter a year earlier. In many cases, company performance will depend on time of year, so the best way to see trends in the company’s performance is to make an apples to apples comparison, rather than just looking at how revenue and net income changed from last quarter to the most recent quarter.
Earnings Calls
On a quarterly basis, one of the most important events for a swing trader is the earnings call of the companies that the trader is interested in. Earnings calls can lead to dramatic swings in stock price, depending on whether it’s a good earnings call or a bad earnings call. In the crazy world of Wall Street, an earnings call largely depends on what people are expecting out of it, rather than any absolute measure of performance. For example, if investors expect earnings to increase 25%, and the company reports that it only grew earnings by 10%, even though any rational person would view that as a positive, Wall Street is probably going to react negatively. Of course, if the report shows a decline it’s going to be that much worse. The thing about this for the swing trader is we don’t know how strongly the market will react. If share price is $200, it might drop to $180, or it might drop to $170. Nobody knows ahead of time, but you should be ready to enter into your trades accordingly.
Things work just as well the other way around. If analysts were expecting a company to see a 10% increase, but they report an 18% or 25% increase in year over year profits instead, this will send the stock soaring. Again, nobody is sure how high it will go. You will have to have a preset value of profit you are willing to accept on a trade, and place a limit order ahead of time. Then you have to live with the results. If your limit order is at $220 a share, you can be happy with your $20 a share gain, even if the stock keeps rising. A disciplined trader that doesn’t get greedy is far more likely to succeed over the long-term.
While it’s impossible to know ahead of time how an earnings call is going to go, you can gain some familiarity with a company and how the market reacts to it by going over previous earnings calls. Do so by not only reviewing the content of the calls, but by looking to see how strongly the market reacted to them.
Keep in mind that a bad earnings report isn’t just an opportunity to short stock or invest in put options. When the stock drops, it’s also an opportunity to get in at relatively low price point. Don’t set perfection as a goal for your trades. The only thing you should worry about is getting in on the stock when prices are relatively low as compared to the previous price level. If it continues going lower, beating yourself up over missing the opportunity is a waste of energy. Instead, focus on waiting – for the stock to go back up so you can profit at a future date.
If the earnings report turns out to be a good one, you might want to be ready to enter into your position immediately. Then you can ride the wave of rising share prices. It’s not necessary to invest before an earnings call and it could even be a bad decision to do so, because you won’t know for sure which way things are going to go. In any case, earnings reports are an important part of your fundamental analysis to see how the company is performing.
Price to earnings ratio
An important metric that matches share price and earnings per share is the price to earnings ratio. Investors and traders are on the look out for price to earnings ratios that are excessively high, and also for price to earnings ratios that are low in comparison to similar companies in the same sector. If the price to earnings ratio is excessive when compared to other companies in the same sector, that could mean the stock is overvalued, and might head into a downturn at some point. Conversely, an undervalued stock as indicated by a relatively low price to earnings ratio is a stock that is available at a “discount”, because it’s undervalued. At some point – the thinking goes – the stock is going to rise in price up to it’s true value.
You shouldn’t just take the price to earnings ratio at face value. If you notice one that is out of line with the rest of the industry, you should do some research to find out if there is some external reason behind the difference. That may require a detailed check of news about the company on financial websites, as well as reading press releases and 8K reports issued by the company.
An interesting and recent example is Ford Motor Company. At nearly 14, the price to earnings ratio of Ford is nearly twice that of other auto companies. Compared to GM, it’s actually more than twice as big. At the time of writing, it alone stands out in the automobile sector, where all the other companies are in a similar range. It’s extremely unlikely that Ford represents the standard of the sector and all the rest of the companies are undervalued.
That could mean one of two things – Ford is in for a correction at some point in the future, or Ford has recently made some moves or announcements that make it deserve the high ratio. The first step you should take is to look over financial reports and compare profit margins between the different auto companies. You’ll also want to look for any news you can find about Ford in recent months.
It could be something as simple as a stock split. When a company splits its shares, the amount of money invested in the company stays the same but the number of shares changes. Splits can work in both directions. Companies can use splits to inflate or deflate price to earnings or earnings per share ratios.
In general, if the price to earnings ratio appears excessively high or low, this can indicate that the stock is in for a correction in the coming months. If it’s excessively high this is an overvalued stock, and the price of the stock might be set to drop in the coming weeks. We would expect it to drop until it reaches a more appropriate level for its sector. On the other hand if its low and the company fundamentals look good, that can be a sign that the company is poised for gains. So the price to earnings ratio can indicate that an individual stock is set to undergo a “correction”.
But keep in mind that there is no “right” or “wrong” price to earnings ratio. As we explained above, you will have to look at companies in the same sector to get an idea of how a given company compares to it’s competitors. Obviously you don’t want to compare a bank to an auto company or to a social media company. Also make sure you are really comparing the same measurement. A good one to look at is TTM. This means trailing twelve months. You will also see past-looking and forwardlooking price to earnings ratios. I prefer to avoid forward looking and stick to the TTM value. To get a feel of how different they are from sector to sector, since we’ve already looked at automobile companies, let’s compare that to some other industries.
Let’s look at a younger and growing sector, social media companies. Looking at Twitter, we find that the P/E (TTM) ratio is 20.61. This is actually considered a pretty average price to earnings ratio. Looking at Facebook, the price to earnings ratio is a bit higher, checking in at 28.58. That’s almost 42% higher than Twitter, but given the more successful financials that Facebook has, it’s probably justified.
Now let’s look at a newer company, such as SNAP. In this case, there isn’t any price to earnings ratio given. That means SNAP is not profitable. Since it’s a young and growing company, that’s not really relevant, at least not yet. Investors are going to want to see results at some point – but for now they are relatively patient. Tesla is another example of a relatively young company that is poised for rapid growth – it has yet to have positive earnings.
Searching for some more social media companies, we find one that is way out of whack. YELP is sometimes considered a social media company, and its P/E ratio is 49.89. This is much higher than what we’ve seen so far. YELP is a popular website to be sure, but it doesn’t seem to have any fundamentals to justify a price to earnings ratio that high. That could mean it’s in for a price correction in the coming months.
We can also find examples on the other extreme. Weibo corporation has a P/E ratio of 15, which is comparably low.
You can also look at closely related companies that are similar, but not necessarily in the same exact sector. Microsoft is a technology company and they own Linked-In, so that seems like a good candidate. Their P/E ratio is 30 – about the same as Facebook.
With these values in mind, Weibo might be a hidden opportunity. Before deciding, however, you’d want to look at the company financials and read what analysts are saying about it. Something a swing trader should always keep in mind is that looking at a single metric should not drive your decision making. You need to find confirmation elsewhere.
The point of looking at price to earnings ratio is that it’s a starting point for further research.
Social media is a new and growing sector. It’s interesting to look at another more slowly moving sector such as banking. Here is what we find:
Wells Fargo: 10.24
Bank of America: 10.4
Citigroup: 9.81
JP Morgan Chase: 11.72
Notice how they are all clustered around the same value. If you are looking at stocks in the banking sector, any stock that had a price to earnings ratio that fell outside of the range 9-11 would be very suspect, possibly representing an opportunity to look at for a future price swing. Open Interest, Volume, Short interest and Put to Call Ratios
Looking at options, open interest, volume and short interest are some of the factors to consider. These can also help you determine where traders expect prices to go. There aren’t absolute numbers that can be used as a guideline, everything is relative.
Open interest tells you the number of options contracts for a given strike price and expiration date. Options traders seek out a minimum of 100, because this indicates enough liquidity that you can quickly get out of a trade. When you find strike prices with higher levels of open interest, these are probably price levels where expert traders are expecting the stock to go in the near future. You will want to compare open interest numbers for calls and puts on the stock. Calls are bets that the stock is going to rise in price, while puts are bets that the stock is going to decline in price.
Volume tells you the number of trades that happened on the most recent trading day. This also gives you an indication of the level of interest in the strike price – where people thing the stock price may be heading.
You can also take a look at short interest, and also the put to call ratio for options related to a stock. Short interest tells you how many investors are shorting the stock. If this number is high, that indicates that the investing community is expecting a stock price to decline in the near future.
This information is also communicated by the put to call ratio for options related to the stock. Investors who think that a stock price is going to decline are going to invest in put options. If the put to call ratio is excessive, then that can reflect an expectation of coming price declines in the stock. You can compare the value you find for a given company to similar companies in the same sector. It’s also good to check the put to call ratios for SPY, which tracks the S & P 500, for a rough comparison. That will give you an indication of what investors are expecting for the market as a whole. Note that options all have different strike prices, so you will want to check the put to call ratios for different strike prices.
Futures and after hours trading
You can look at futures and after-hours trading to see how a stock is moving as a leading indicator, that might help you decide when to enter or exit a position. For futures, S & P 500 and other index futures can indicate the overall direction of the market. For individual stocks you might look at after hours trading especially after a late earnings report. This can help you determine when to enter your next trade.
Fundamental Analysis for Forex
Fundamental analysis can also play an important role for Forex traders, especially if you are holding your positions for longer periods. The types of fundamental analysis you are going to use will primarily revolve around macroeconomic factors, political factors, and trade. You are going to want to keep a close eye on GDP growth, jobs and unemployment, and trade issues that can impact currencies. Political factors at home and abroad can also weaken or strengthen a currency. As we stated in the introductory remarks for the chapter, the strength of any given currency can’t be decided in isolation. Rather, you need to look for relative comparisons. You’ll also want to study past relationships between currencies to understand how they have changed historically in response to changing circumstances. The U.S. economy always looms large, but Japan and Europe are important too.