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May 2019 Archives

Will I be informed if the SSA says I no longer have a disability?

When a person is receiving Social Security disability benefits in New Jersey, it does not necessarily mean the SSD benefits will continue indefinitely. The Social Security Administration regularly assesses claims and might decide that a person is no longer eligible. Often, this is linked to a disability review, but there are other situations where the SSA will determine that the person is no longer disabled. If that determination is made, it is important to know about the notification process and how to go about trying to get the benefits restarted if the person is still disabled.

What should I know about valuing for SSI benefits?

For New Jersey residents who are applying for or receiving Supplemental Security Income (SSI), they must know that the resources they own are critical in the determination as to whether they are eligible for these benefits or not. Just because a person has been approved for SSI benefits or they are already getting them does not mean the benefits are indefinite. On the contrary, the Social Security Administration will check the person's resources each month to ensure that they have not gone beyond what they can have and still receive benefits. If there is a disagreement regarding valuing resources or some other concern, it is wise to have legal assistance.

Does age affect determination of disability?

For those in New Jersey who are injured or ill and are seeking Social Security Disability (SSD) benefits, understanding the five-step sequential evaluation process is critical. The individual aspects of this process will be used when Disability Determination Services and the Social Security Administration (SSA) decides whether the person should be approved for SSD benefits or not. A key aspect of the decision-making process is the vocational factor. While other areas of the case will often come to the forefront, the applicant's age is imperative too. Knowing how this will factor into the decision and what can be done if there is a denial requires legal help.

Can SSI benefits be reinstated fast after failed work attempts?

Not all New Jersey residents who are getting Supplemental Security Income (SSI) are completely unable to work and perform substantial gainful activity (SGA). Simply being blind, disabled, 65 or older and having limited income does not imply that work is impossible. With these criteria for SSI benefits being met, the person can still try and get back into the workforce or even start their own business. However, a frequent sticking point is a lack of understanding as to how the Social Security Administration (SSA) handles circumstances where a person who was getting SSI, tried to work and failed.

Are you at risk for multiple sclerosis?

Facing a life-altering diagnosis is intimidating but important. Early detection of all ailments is crucial to the management and treatment of a disease. This is also true if you’re concerned that you’re experiencing symptoms of multiple sclerosis (MS). While MS has no cure, it is treatable and about one-million Americans live with MS every day.

ERISA claims, non-ERISA claims and what a person should know

For New Jersey residents who have privately bought disability insurance on their own or are taking part in a group plan offered by employers, it can be confusing and worrisome when they are injured, ill or disabled and they realize that they need to use the benefits. With these cases, it is imperative to understand the federal law when it comes to the Employment Retirement Income Security Act, also referred to by the acronym ERISA.

  • New York City Bar
  • Bergen County Bar Association
  • New Jersy State Bar Association
  • Nosscr
  • NYSBA
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Hasbrouck Heights, NJ 07604

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