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February 2018 Archives

What is the 5-day rule?

You wanted your claim for Social Security Disability Insurance benefits to go nice and smoothly. However, you ended up getting an initial denial. You now find yourself in the process of appealing the denial.

What are fiduciary responsibilities with ERISA?

The Employment Retirement Security Act (ERISA) is a government program to protect American workers' assets that are placed in a retirement fund. New Jersey residents who take part in ERISA should be aware of exactly what ERISA is and what it does. Once the actual function of ERISA is understood, certain subsets of the plan should also be considered. One is the responsibility on the part of fiduciaries whose role it is to oversee the plan. This can be of specific importance if the ERISA contribution is for disability protection. If the assets are not shielded from fiduciary misbehavior, it can cause problems to people when they need ERISA. Should there be an issue or concerns about how a fiduciary is going about the responsibilities inherent with the plan, having legal assistance is a must.

With SSI benefits, what is PASS and what are its elements?

People in New Jersey who meet the requirements to receive Supplemental Security Income because they are blind, disabled or age 65 or older might want to try and get back to work or start a business of their own. A concern they will often express centers around how it affects their SSI benefits if they do so. With a plan to achieve self-support, it is possible to get SSI and work. Understanding PASS and the elements of the program is essential before moving forward with it.

Understanding how children are eligible for SSI benefits

New Jersey residents who have a child who is blind or disabled will undoubtedly understand the difficulties with the situation. It is not easy to care for a child who is suffering from disabilities. Fortunately, these children might be able to get Supplemental Security Income. For people who are considering applying for SSI benefits, it is imperative to understand how the Social Security Administration defines a child, how the program works, and what the criteria is. Another important aspect is deeming, which was covered in a previous post.

Protecting SSI benefits when trying to get back to work

New Jersey residents who meet the requirements to get Supplemental Security Income benefits will frequently have the ability and the desire to try and get back into the workforce. A sticking point that can prevent them from following through on that desire is the fear that they will lose their SSI benefits and either not be able to get them again or need to wait a long time to get them. The Social Security Administration accounts for this by providing certain work incentives for people receiving SSI.

  • New York City Bar
  • Bergen County Bar Association
  • New Jersy State Bar Association
  • Nosscr
  • NYSBA
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