NJ Social Security Disability Long Term Disability Lawyer

Social Security Disability Funds are Running Dry

2011-10-05T08:48:00.001-07:00

In Washington laid-off employees and aging baby boomers are flooding Social Security's disability program with benefit claims, pushing the financially system in the direction of the verge of insolvency.

Social Security applications are up nearly 50 percent over a decade ago as those with disabilities lose their jobs and can't find new ones in a financial system that has lost nearly 7 million jobs.

The stampede for benefits is adding to an increasing backlog of applicants.

New congressional reports say the trust fund that supports Social Security disability will be exhaust by 2017, leaving the program unable to pay full benefits, unless Congress acts soon. In about 20 years , Social Security's much larger pension fund is projected to run dry as well.

Much of the main target in Washington is still on fixing Social Security's retirement system. Proposals range from increasing the retirement age. However the disability system is in much worse shape and its situations defy easy solutions.

Claims for disability benefits typically rise in a poor market because many disabled people get fired and cannot find a new job. This year, about 3.3 million folks are supposed to request federal disability benefits. That's 700,000 over in 2008 and 1 million more than a ten years ago.

The disability program may also be hit by an aging population - disability rates rise because people today get older as the system that promotes people to request more generous disability benefits other than waiting before they be eligible for a retirement.

Retired people can get full Social Security benefits at the age of 66, a tolerance gradually rising to 67. Early retired people can get reduced benefits at 62. Having said that, if you qualify for disability, you can get full benefits, based on your own work history, even before 62.

Also, people that qualify for Social Security disability automatically get Medicare after a couple of years, even if they're younger than 65, the age when additional retirees entitled to the government-run health insurance program.

Today, about 13.6 million people get disability benefits by means of Social Security or Supplemental Security Income. Social Security is made for people with huge work histories, and monthly disability installments average $927. Supplemental Security Income does not require a work history however it has strict limits on income and SII assets averaging $500.

A 16-Month Wait for a Social Security Disability Insurance Claim Hearing

2011-03-02T09:14:00.000-08:00

A New Jersey resident applying for Social Security Disability Insurance (SSDI) will wait as long as 16 months before a hearing to determine their eligibility.

According to a new study, New Jersey lags behind most states in processing SSDI claims.

Although the 16-month wait is an improvement from more than 17 months in September 2008, NJ has the 13th longest wait in the country. Ohio had the worst backlog, with an almost 20-month wait after the second denial, according to Allsup. Delaware was the fastest, at 10 months. Twenty-four states have shorter wait times than they did two years ago.

SSA has always had serious problem of claim backlogs. Aging baby boomers and high unemployment have magnified the problem. Dan Allsup, Director of Communications for Allsup, an Illinois-based company that processes SSDI claims, said some people sink deeper into financial hardship while waiting for their claims to be approved.

Allsup also pointed out that the wait for a SSDI hearing in NJ is even longer than it appears because claimants only receive access to a hearing after having two previous applications for benefits rejected. The review time for these first two applications is an average of six months, explained Kevin Smith, spokesman for the state Department of Labor and Workforce Development. In total, the wait for a hearing for NJ residents applying for SSDI can be as long as 22 months. There are 16,500 applications pending in New Jersey, Smith said. Another 10,547 people are waiting for a hearing, according to Allsup.

The SSDI program provides monthly checks to people who can no longer work because of a disability expected to last at least one year and are younger than 65, making them ineligible for regular Social Security retirement checks. The average disability payment nationwide is $1,065 a month, Social Security Administration spokesman Mark Hinkle said. The number of people seeking benefits through the program is expected to increase from 3 million last year to 3.3 million this year.

In 2007, The Social Security Administration expanded a pilot program to rush claims that are easily verifiable and likely to be approved. The goal was to reduce wait times that Commissioner Michael Astrue called “unacceptable.”

Hinkles declares that SSA was hurt by 15 years of underfunding but recently hired more staff to process claims and more administrative law judges to decide cases. "Obviously we still have a lot of work to do," he said. "We’re slowly turning the tide."

HIGH UNEMPLOYMENT CAUSING INCREASE IN SOCIAL SECURITY DISABILITY CLAIMS

2010-12-01T09:21:00.000-08:00

In the height of the recession in 2008, 2.6 million applications for Social Security Disability Insurance (SSDI) were filed. In fiscal 2010, 3.2 million applications were filed. What is the cause of the drastic increase?

High unemployment and lack of economic growth are key factors for the increase in SSDI applications, Social Security Administration officials say. When times get tough, Americans turn to the government for help.

Historically, more people file disability claims when the economy lags; however, this time the implications could be much greater because the high unemployment is expected to linger for years. Also significant is that while the number of social security disability applications has increased by 23%, the percentage of applications approved since 2008 has seen a meager increase from 35% to 37%.

It is not that Americans suddenly become disabled when the economy goes bad; rather, such federal programs like SSDI functions like a long-term unemployment program for the “unemployable” says David Autor, economist at Massachusetts Institute of Technology. The increase is not necessarily a reflection of rampant fraud. Receiving SSDI is based on health and employability.

For two decades, the number of people receiving disability insurance benefits has grown significantly. The resulting costs are tremendous. The Social Security Administration expects the program to cost $127 billion in fiscal 2010, up from $118 billion last year. Since 1985, the fraction of Social Security spending for disability insurance rose from 10% to 17% and the payroll tax devoted to the program increased from 1.0% to 1.8%, Autor wrote with University of Maryland economist Mark Duggan in 2006 called The Growth in the Social Security Disability Rolls: A Fiscal Crisis Unfolding.

Once people are enrolled in SSDI, they usually remain on the program until retirement. Whatever increase results during the current economic downturn probably won't fall, at least not anytime soon. Autor and Duggan point out that whereas exit from disability insurance stood at 12.1% in 1985, the percentage has steadily dropped, reaching 7.2% in 2004.

There are numerous scars that remain after an economic recession. The effect of this longterm unemployment is one that is noteworthy.

NEW TWO-TRACK, FAST TRACK PROCESSING OF DISABILITY CLAIMS

2010-11-15T11:34:00.000-08:00

Michael J Astrue, Commissioner of Social Security, has announced two improvements to the Social Security Administrations (SSA) processing of disability claims that will further speed benefits to tens of thousands of Americans with disabilities.

Two weeks ago, the SSA published final rules that are designed to further reduce the time it takes to decide applications for disability benefits from people with the most severe disabilities. Whereas this process currently takes less than two weeks on average, the new rules allow disability examiners to make fully favorable determinations for adult cases under the SSA’s Quick Disability Determination (QDD) and Compassionate Allowance (CAL) processes without medical or psychological consultant approval.

“The new rules we are publishing today will help us get disability benefits to the most severely disabled Americans even faster,” Commissioner Astrue said. “This year, more than 100,000 people benefited from our fast-track disability processes and received decisions in a matter of days rather than the months and years it can sometimes take. I am pleased that our fast-track processes will now be even faster and help speed much needed benefits to our most vulnerable citizens.”

Under the QDD process, a predictive computer model analyzes specific data within the electronic disability file to identify cases where there is a high likelihood that the claimant is disabled and we can quickly obtain medical evidence.

The final rules, 20 CFR Parts 404 and 416, can be accessed through the Federal Register online at www.regulations.gov. They will be effective on November 12, 2010.

Commissioner Astrue announced just last week the SSA’s second speed saving measure, the national rollout of the agency’s Compassionate Allowances (CAL) initiative. Under the initiative, the processing of disability claims for applicants whose medical conditions are so severe that their conditions obviously meet the standards will be expedited.

Social Security is launching this expedited decision process with a total of 50 conditions. Over time, more diseases and conditions will be added. A list of the first 50 impairments -- 25 rare diseases and 25 cancers -- can be found at www.socialsecurity.gov/compassionateallowances.

“Getting benefits quickly to people with the most severe medical conditions is both the right and the compassionate thing to do,” Commissioner Astrue said. “This initiative will allow us to make decisions on these cases in a matter of days, rather than months or years.”

Before announcing this initiative, Social Security held public hearings to receive information from experts on rare diseases and cancers. The agency also enlisted the assistance of the National Institutes of Health.

CAL and the previously mentioned QDD are the SSA’s two-track, fast track system for certain disability claims. When these processes are fully operational, six to nine percent of disability claims, the cases for as much as a quarter million people, being decided in six to eight days.

Peter Saltonstall, of the National Organization for Rare Disorders, proclaimed his approval: “It has taken Social Security less than a year to develop this much-needed program that will benefit those whose claims merit expedited consideration based on the nature of their disease. Disability backlogs cause a hardship for patients and their families. Commissioner Astrue and his staff deserve our thanks for a job well done.”

“This is America, and it simply is not acceptable for people to wait years for a final decision on a disability claim,” Commissioner Astrue said. “I am committed to a process that is as fair and speedy as possible. The launch of Compassionate Allowances is another step to ensuring Americans with disabilities, especially those with certain cancers and rare diseases, get the benefits they need quickly.”

The Rosenblum Law Firm has the experience needed to handle your disability claim and deal with the Social Security Administration and insurance companies effectively and efficiently. You should consult with an experienced disability benefits professional at The Rosenblum Law Firm because we can get you the help you need by calling 973-594-6552.

Applying for Social Security Disability Claim Is Easier than You Think

2010-11-01T10:55:00.000-07:00

When you think of the Social Security Administration and applying for Social Security Disability (SSD) benefits, you can quickly feel overwhelmed. In truth, however, applying for disability benefits is very simple.

Simply, call the Social Security Office nearest you and tell them that you need to file a SSD or SSI (Supplementary Security Income) claim. They will schedule an appointment to conduct an interview in person or over the phone. To find the closest New Jersey social security office, type in your zip code at this link: https://secure.ssa.gov/apps6z/FOLO/fo001.jsp.

At the interview, the Social Security Claims Representative will answer all of your questions and handle the paperwork needed to send your claim to Disability Determination Services (DDS). This Claims Representative will also evaluate your case and determine for which disability programs you may be eligible.

Following is a list of important facts to remember when considering filing a claim for social security disability:

1. You are eligible for social security disability (SSD) as soon as you are disabled, but the benefits do not begin until six months after disability started.

2. If you earn more than $500 per month on average, you will not be eligible for SSD.

3. You are required to provide original or certified copies of your birth certificate, social security card, W-2 forms, medical records, and lab reports. Provide names and addresses of all doctors, hospitals and clinics that have treated your disability.

4. You are required to provide a five-year work history.

5. You might also be eligible for similar benefits under instead of SSD. SSI eligibility is based on financial need whereas SSD is based on work history and disability.

6. Your benefits are not automatic but are given after your file and application are carefully reviewed.

In addition to the above facts that must be considered before filing a social security disability claim, it is very important to remember these special hints:

1. Take everything you have been told about your social -security disability claim with a grain of salt.

2. Copy your medical records and supply them with your application

3. Respond to letters and notices from social security, DDS or your attorney regarding your disability PROMPTLY. Your lawyer from Rosenblum Law Firm could assist you in this.

4. If you are denied for SSD or SSI, don’t give up, APPEAL with the assistance of an attorney specializing in social security disability cases.

5. Call DDS for updates on your claim, not the local social security office.

6. Proper legal representation will increase the success rate of your claim.

7. If you are having serious financial problems and have a disability case, inform all of those involved.

8. Keep your attorney full informed of every aspect of your case.

9. If you have child support or other matrimonial financial obligations, which you cannot fulfill, ask your attorney to help.

10. Make sure your doctor supports your NJ SSD claim and ask him or her to write a supporting statement.

Although filing a social security disability claim may not be as difficult as you think, it has been shown that utilizing the expertise of a lawyer improves your chances of success significantly. In addition, preparing the appropriate documents, raising particular claims and presenting the necessary evidence can be complicated.

Contact the Rosenblum Law Firm at 973-594-6552. We have a proven record of successful NJ Social Security claims filed and appeals won.

Moving Step by Step to Obtain Social Security Disability Benefits

2010-10-19T10:07:00.000-07:00

The Social Security Disability Insurance Program is one of the largest federal programs that provide assistance to people with disabilities. Administered by the Social Security Administration, benefits are paid to individuals who have worked for jobs covered by Social Security and have a medical condition that meets the SSA’s definition of disability.

To determine if you are disabled and eligible for benefits, these five questions must be addressed:

1. Are you working?

If you have been employed and earned more than $1,000 a month, you will probably not be considered disabled. If you are not working, then go to the next step.

2. Is your condition "severe"?

To be eligible for SSDI, your medical condition must interfere with basic work-related activities. If it does not, then you will not be considered disabled. If your condition does interfere with basic work-related activities, proceed to the next step.

3. Is your condition found in the list of disabling conditions?

For each of the major body systems, the SSA maintains a list of medical conditions that are so severe that they automatically mean that you are disabled. Below is a brief outline of major body systems and conditions (For a more detailed discussion see http://www.ssa.gov/disability/professionals/bluebook/listing-impairments.htm). If your condition is not the list, you must show that it is comparable in severity to a medical condition that is on the list. If unable to do so, go to step 4.

4. Can you do the work you used to do previously?

If your medical is severe, but does not fall into the categories listed, then the SSA will determine if it interferes with your ability to do the work you did previously. If it does not interfere, your claim will be denied. If it does, go to the next step.

5. Can you do other work?

The SSA will also evaluate if you are able to do other work. A representative will consider your medical conditions, age, education, past work experience, and any transferable skills. If you cannot adjust to other work, your claim will be approved. If you are able to adjust to other work, your claim will be denied.

Following is a brief discussion of the major body systems and their conditions that were discussed in step 3:

Musculoskeletal Disorders & Growth Impairments

This is one of the more common areas of reported disability. The Musculoskeletal system of the body consists of bones, muscles, tendons, ligaments and joints. The common disorders with the musculoskeletal system are arthritis, traumatic damage caused by accidents, back pain, amputations and loss of certain functions.

Vision Disorders

Glaucoma, diabetes, and cataracts are the most common reasons for vision disorders in SSDI claims. However, in children, the most common reason for loss of vision stems from pre-birth defects. To qualify for this disorder, a doctor will have to verify the extent of loss and the possibility to recovery of your lost sight.

Speech Disorders

Loss of speech in this category below is due to some form of mechanical loss. Very often speech disorders result from other disorders causing the loss.

Balance and Hearing Disorders

Being exposed to loud noises over a long period of time is the most common cause of hearing loss. An expert doctor will test the claimant for hearing loss and possible imbalances in the vestibular tube.

Breathing Disorders

All of the conditions in this category have some form of shortness of breath. There are two general subsections: chronic obstructive pulmonary disease and restrictive pulmonary disease. The first category generally is caused and or worsened significantly by cigarette smoke. The second category is a decreased amount in usable lung volume.

Heart and Blood Vessel Diseases

To qualify as possessing a condition in this category, SSA will review a claimant's records for 3 months. This 3-month period has been determined to be an adequate study period to get the most accurate results. In many cases depending on the number of surgeries, the Social Security Administration (SSA) will need up to 6 months to make an accurate determination.

Digestive System Diseases

The SSA has been reluctant to grant benefits to a claimant with a digestive system disorder because many of these diseases tend to not make the 12-month requirement. In fact, medication tends to treat these conditions adequately. There are three subsections in the digestive system disorders: interference with nutrition, complication of the disease, and multiple recurrent lesions.

Kidney Diseases

This category is concerned with irreversible chronic kidney failure. You must exhibit a history coupled with laboratory examinations and some form of indications of the worsening nature of the disease.

Blood and Lymphatic Diseases

Chronic anemia, sickle-cell disease, hemophelia and chronic thrombocytopenia are conditions that are found in this category. Red blood cells carry oxygen to the body and white blood cells fight infection and disease. The lymphatic system circulates fluid into the blood stream throughout the body. Lymph nodes aid in making the immune system stronger and fight off and destroy bacteria.

The Rosenblum Law Firm can answer all of your questions about your disbility claim. Our team of experienced attorneys are prepared to guide you through filing an initial claim or appealing a denial. Call us now toll-free at 1-866-634-9849.

Administrative Law Judge: A Dangerous Profession?

2010-08-31T05:27:00.000-07:00

Being a Social Security Disability administrative law judge has reportedly become a dangerous profession. There have been over 200 threats to administrative law judges in the past four years. D. Randall Frye, a North Carolina-based ALJ with the Social Security Administration and president of the Association of Administrative Law Judges, said, "These aren't just the kind of 'I'll see you later' threats." He recalled one case where a claimant attacked a judge with a chair forcing the judge to take disability retirement.

Data collected by the Social Security Administration's Office of Disability Adjudication and Review shows that from September 2009 through February 2010, there were 21 threats against SSA offices and 11 threats directed at judges. Even threats to judge's wives and children have been recorded.

Small hearing rooms, too few security guards, a lack of metal detectors and highly emotional causes are a recipe for a dangerous situation. Frye explained that Social Security hearings are often in rented commercial office space where there is almost no security. In addition, many courtrooms are "no larger than an average bedroom," contested Frye.

Dana Marks, a San Francisco-based immigration judge with the Justice Department, provided that immigration judges often make decisions that are "life or death" because the judge may be returning a person to a country where their lives are in danger. This is "incredibly stressful," Marks said. With 50 people in a courtroom without a single bailiff and "life or death" decisions being made, it is no surprise that administrative law judges are facing dangerous threats.

Frye and Marks, during a National Press Club briefing, released a set of recommendations to improve security, including at places like the Newark Social Security Disability office:

· Placing railings in Social Security hearing rooms.

· Requiring metal detectors at places where hearings are held.

· Reconsidering the policy prohibiting guards in Social Security hearing rooms.

· Installing peepholes in doors in order for guards to observe hearings.

· Secure parking for judges.

· Separate entrances and exits for judges.

· More guards around buildings holding hearings.

· A bailiff in each immigration courtroom.

· Additional training for security officers, judges and court personnel.

Not surprisingly, financial constraints are an obstacle to the implementation of these proposals. It is estimated that installing metal detectors at SSA hearing sites will cost $500,000. However, 1,300 field offices might follow with their own request which will increase the costs astronomically.

Retired NYPD Officers Investigated for Feigning Mental Illness to Get Social Security Disability Benefits

2010-08-16T10:47:00.000-07:00

The New York Post reports that several NYPD police officers, some already disability pensions, are being investigated for allegedly faking mental illnesses in order to get Social Security disability benefits -- despite declaring themselves sane enough to carry a gun pistol.

Two years ago, Social Security investigators looking into a corruption case noticed that a single lawyer represented a large number of retired cops filing for disability under the Social Security disability law. All of the former police officers also used the same psychiatrists who wrote prescriptions for medications.

Lawyers who are allegedly involved also face charges because under the Social Security rules,

lawyers cannot charge more than the lesser of $6,000 or 25 percent which is paid by the Social Security Administration, not the Social Security Disability applicant.

Homeless Applying for Social Security Disability

2010-08-12T18:59:00.000-07:00

From time to time, we get called by a would-be client who is residing in a homeless shelter. This presents a basic yet fundamental problem: It tends to me fairly difficult to contact a homeless individual about their New Jersey Social Security Disability case. The Social Security Disability SSD application requires that the applicant list an address. It also has a space for the applicant to list the address of their Social Security Disability attorney. Homeless individuals may temporarily reside in a shelter but may move from place to place. Thus, the most important thing is for the homeless person to use the address of a friend or family member - preferably one that owns their home - so that the Social Security Administration's correspondence is sure to be in a place the applicant can retrieve it from. In addition, it is also a good idea for the applicant to find an attorney because the attorney's address will also be entered into the Social Security disability file and copies of all correspondence will be sent to the New Jersey SSD attorney as well. This also reminds me to discuss the issue of cell phones. Many people opt for pay-as-you-go or pay-by-the-minute cell phones. It is common in the case of a person who has such a phone to buy a new phone from time to time and thus acquire a different telephone number. It is important to make sure that just as you are supposed to notify the Social Security Administration of changes to the mailing address they have on file for you that they also know about changes to your cell phone number. This also applies to your attorney. Your attorney may need to get in touch with you about your case, for example, to let you know when your New Jersey disability appeal hearing is scheduled for. If he or she cannot reach you, and you don't have access to your mail for whatever reason, you may miss your hearing and lose out on valuable benefits.

Social Security Disability Links of the Day

2010-06-02T09:40:00.000-07:00

Since there are a handful of interesting articles out there right now regarding Social Security Disability, we decided to make a list of the most useful ones.

As New Jersey Social Security and Long Term Disability Lawyer, Adam Rosenblum has explained in SSI Disability for Children that children can qualify for Social Security Disability. The FavStocks blog has a couple of articles regarding the topic:

Is IBS considered to be a disability or is it something that people will just have to deal with?

IBS Disability Appeal

If either of these topics concerns you, feel free to contact an attorney that can provide you a professional opinion.

Do you have any questions about New Jersey Social Security Law and would like to consult with a New Jersey Social Security Attorney? Please feel free to ask The Rosenblum Law Firm, P.C.

Stolen Social Security Money: Watch Out for the Caregiver!

2010-06-01T13:34:00.000-07:00

If you leave your disabled relative in the care of a caregiver, make sure you keep an eye out for anything suspicious. The last thing you want is for your relative's caregiver to steal Social Security Disability money from them.

Suzanne Stites, Wahoo, NE, admits that she made some bad decisions in her lifetime. She did not think that moving in with a caregiver would be one of them.

After an aquaintence, Christy, offered Stites a place to stay, she accepted. Everything went so well in the beginning that Stites gave Christy the authority to sign and cash her disability social security checks.

Eventually, however, Christy began stealing her money. Stites really began to notice that money was being taken when she couldn't even afford daily medication.

As of now, there are no charges pending against Christy. Stites can only help that charges will be pressed after filing her police report.

Source:
http://www.wowt.com/home/headlines/95342859.html

Do you have any questions about New Jersey Social Security Law and would like to consult with a New Jersey Social Security Attorney? Please feel free to ask The Rosenblum Law Firm, P.C.

Tough Economy Leave Consumers Unprotected in New Jersey Social Security & Long Term Disability Spotlight:

2010-05-29T07:55:00.000-07:00

Companies get in contact with LIMRA (Life Insurance and Market Research Research Association) to help improve and build their business because of LIMRA's ability to research, develop and assess situations. It's no surprise then when LIMRA produces a statistic, people listen.

Back in 2002, 59% of employers paid for part or all of their employee's disability insurance. According to recent LIMRA statistics, that number decreased to 48% last year.

Neil Jesani, CEO of BermaLife.com, believes that this decrease is very bad for both employees and their families. He also states that because of this decrease in disability insurance, more and more people are going to turn to Social Security for help. Unfortunately for them, only 36% of applicants are approved on their first request.

Source:
http://eon.businesswire.com/portal/site/eon/permalink/?ndmViewId=news_view&newsId=20100528005835&newsLang=en

Do you have any questions about New Jersey Social Security Law and would like to consult with a New Jersey Social Security Attorney? Please feel free to ask The Rosenblum Law Firm, P.C.

New Jersey Social Security & Long Term Disability Spotlight: Trial Work Period

2010-05-26T08:02:00.000-07:00

Alright, so you're feeling better, but you are afraid to go back to work. You know that if you go back to work, you cannot receive Social Security Disability benefits.

What do you do?

The SSA provides you with something called a trial work period. During this period, you can test your ability to work for at least nine months.

As long as you report your work activity, you can continue to receive full benefits no matter how much you earn.

The trial work period ends after you have completed nine months of trial work within a period of 60 months.

Source:
SSA Website

Do you have any questions about New Jersey Social Security Law and would like to consult with a New Jersey Social Security Attorney? Please feel free to ask The Rosenblum Law Firm, P.C.

New Jersey Social Security and Long Term Disability Spotlight: Defrauding the Social Security Program

2010-05-25T13:19:00.000-07:00

Ever think about defrauding the Social Security Program?

Maybe you should think again.

Douglas Mayne, Florida, received $59,035.60 in Social Security Title II Disability Insurance Benefits over a period of almost 4 years.

So, what's the problem?

Mayne continued to work during this 4 year period, which is not allowed under the benefits that he was receiving. Only individuals who cannot work due to a disability are administered Social Security Title II Disability benefits.

According to David B. Fein, U.S. Attorney for the State of Connecticut, Mayne provided false statements on multiple social security administration forms.

Mayne was sentenced to 18 months in prison and fined almost $60,000.

Please click here for the full story.

Do you have any questions about New Jersey Social Security Law and would like to consult with a New Jersey Social Security Attorney? Please feel free to ask The Rosenblum Law Firm, P.C.

New Jersey Social Security & Long Term Disability Spotlight: Going Through the Archives

2010-05-21T08:11:00.000-07:00

Once and a while it is good thing to pull up old blog posts to refresh the mind. From now on we will pull up some of our older blog posts, so that they don't get lost in our archives.

If the below topics are of interest to you, please take the time to review them.

What makes a child eligible for Social Security Disability?

What is a disability freeze and how will it affect me?

Can I make changes to my online application?

What if I don't want long-term disability benefits? Can I apply for short-term disability?

Do I have to pay taxes on my social security income benefits?

Do you have any questions about New Jersey Social Security Law and would like to consult with a New Jersey Social Security Attorney? Please feel free to ask The Rosenblum Law Firm, P.C.

New Jersey Social Security & Long Term Disability Spotlight: The Amish and Social Security

2010-05-18T16:51:00.000-07:00

We ran across an interesting article by Nilus Mattive regarding the Amish and Social Security Disability.

Congress passed the Social Security Act back in 1935. For the first 20 years of the act, farmers were not covered in any way, shape or form.

The Amish, at the time, were told that the Social Security Act was considered a tax - this idea did not bother the Amish because they already paid income and property taxes.

However, after carefully learning about the Social Security Act, the Amish realized that it was a "mandatory insurance premium". This idea posed a real problem for the Amish.

To read more about this topic, please click here.

Do you have any questions about New Jersey Social Security Law and would like to consult with a New Jersey Social Security Attorney? Please feel free to ask The Rosenblum Law Firm, P.C.

New Jersey Social Security & Long Term Disability Spotlight: Judge Judy Rules on Social Security Disability Checks

2010-05-16T19:05:00.000-07:00

Instead of having you read various dull and boring blog posts on our Social Security Disability blog, we feel that today you can ease your mind by enjoying a Judge Judy case on YouTube.

The plaintiff in this case is suing the defendant over the return of disability money that the defendant supposedly pocketed:

Part 1

Part 2

Cases like this can happen anywhere, including New Jersey.

Let us know what you think.

Do you have any questions about New Jersey Social Security Law and would like to consult with a New Jersey Social Security Attorney? Please feel free to ask The Rosenblum Law Firm, P.C.

New Jersey Social Security & Long Term Disability Spotlight: If I'm Approved, When Do My Benefits Start?

2010-05-14T12:49:00.000-07:00

If I am approved by the SSA, when do my Social Security disability benefits start?

Your benefits, if you are approved, will be paid for the sixth month after the date your disability began.

What exactly does that mean?

Your benefits will be paid out after five months of you being disabled. These Social Security disability benefits will continue until your condition has improved enough to where you can work again.

Do you have any questions about New Jersey Social Security Law and would like to consult with a New Jersey Social Security Attorney? Please feel free to ask The Rosenblum Law Firm, P.C.

New Jersey Social Security & Long Term Disability Spotlight: Disabled Woman Dies in Fices

2010-05-11T19:35:00.000-07:00

Christopher Wise, 42, was convicted of second-degree manslaughter for allowing his 88-year-old mother to die.

Wise's mother was found by deputies in a bed stained with blood, urine, feces and pus. She was only 70lbs and covered in bed sores so deep that deputies could see her shoulder blade.

According to prosecutors, Wise kept his mother at home because the $2,000 a month, his mother received from Social Security and disability, would not have been used to pay the rent if she was placed in a retirement home.

Wise was acquitted of second-degree murder and first-degree manslaughter. He faces up to 10 years in prison.

Do you have any questions about New Jersey Social Security Law and would like to consult with a New Jersey Social Security Attorney? Please feel free to ask The Rosenblum Law Firm, P.C.

New Jersey Social Security & Long Term Disability Spotlight: Social Security Disability Statistics

2010-05-10T05:48:00.000-07:00

A recent Associated Press article discusses the increase of disability claims.

We have discussed the levels of appeal before on our New Jersey Social Security and Long Term Disability Lawyer website, but it is imperative that you understand the statistics.

All of these statistics were provided by the AP article:

63 percent of initial claims are denied (after the average wait of 111 days).
86 percent of the appeals are denied after the average wait of an extra 104 days.
554,000 cases were decided at the administrative judge level in 2009.
According to the Congressional Research Service, the entire process takes an average of about two years.
Currently 2 million people are waiting to find out if they qualify for Social Security benefits this year.
3.3 individuals are expected to apply for benefits during 2010.
12.8 million disabled individuals are currently receiving benefits from the SSA.

Do you have any questions about New Jersey Social Security Law and would like to consult with a New Jersey Social Security Attorney? Please feel free to ask The Rosenblum Law Firm, P.C.

New Jersey Social Security & Long Term Disability Spotlight: Disabled Adult Child's Benefits

2010-05-07T07:52:00.000-07:00

An individual is eligible for a disabled adult child's benefit if the disability occurred before age 22 and a parent is either deceased, receiving disability benefits or receiving retirement benefits.

The Social Security Administration considers this a "child's" benefit because it is paid by a parent's Social Security earnings record. An adopted child, stepchild, grandchild, step grandchild are all included under this benefit if they are unmarried, 18-years-old or older and their disability started before 22-years-old.

The "adult child" does not have to have a record of employment. Since the benefits are paid on the parent's earnings record, it is not necessary for the "adult child" to have worked. If the "adult child" is working, they must not have substantial earnings.

The SSA will consider the "adult child" for disability the same way it considers disability for any adult.

Do you have any questions about New Jersey Social Security Law and would like to consult with a New Jersey Social Security Attorney? Please feel free to ask The Rosenblum Law Firm, P.C.

New Jersey Social Security & Long Term Disability Spotlight: NJ Couple Accused of Stealing Government Checks

2010-05-06T17:12:00.000-07:00

Haven't received your Social Security, tax refund or unemployment check yet? What would you do if you found out your check was stolen?

A New Jersey couple are up against government theft charges for allegedly stealing government checks from mailboxes and postal trucks. Nathaniel Johnson, 42, and Lakisha Scanes, 29, are being accused of stealing $88,000 from New Jersey residents.

The couple's alleged scheme was an ongoing operation from November until last Friday. More than 100 stolen checks have been cashed by drug abusers and prostitutes hired by the couple.

These accomplices used faked ids, obtained by the couple, to cash the stolen checks in Pennsylvania, Delaware and Camden for a small fee.

The couple faces up to 10 years in federal prison.

Click here for more of the story.

Do you have any questions about New Jersey Social Security Law and would like to consult with a New Jersey Social Security Attorney? Please feel free to ask The Rosenblum Law Firm, P.C.

SSA Ticket to work program in New Jersey

2010-05-03T06:41:00.000-07:00

What is the Ticket to Work program?

The Social Security Administration provides a program known as Ticket to Work. If you choose to select this program, it is important to know that it is voluntary and FREE. Ticket to Work provides an individual, who is a SSA beneficiary, with greater choices in obtaining the services they need to obtain a job.

In order for the Ticket to Work program to be effective, Employment Networks (an agency or private company who is given the authority to to deliver services to ticket- holders) must provide services to these individuals. However, these ENs are able to choose where and whom they provide their services to.

Any worker who is receiving beneficiaries can contact an EN to discuss services. Discussion will include a work plan that the beneficiary will follow to help assist the EN.

Do you have any questions about New Jersey Social Security Law and would like to consult with a New Jersey Social Security Attorney? Please feel free to ask The Rosenblum Law Firm, P.C.

New Jersey Social Security benefits and common law marriage

2010-04-27T17:42:00.000-07:00

Currently there are only 13 states that allow common-law marriage. Each of these states define a common-law marriage differently.

Common-law marriage depends on the state. Certain states - like New Jersey - do not recognize a common law marriage between two individuals who live with each other and have not had a lawful ceremony. If your state does not recognize common-law marriage, your partner cannot receive any benefits.

However, if your common-law marriage is recognized by your state, social security benefits can be paid to your spouse. The SSA will follow the laws of the state where the worker was living at the time of his or her death.

Do you have any questions about New Jersey Social Security Law and would like to consult with a New Jersey Social Security Attorney? Please feel free to ask The Rosenblum Law Firm, P.C.

New Jersey Social Security & Long Term Disability Spotlight: How to Go to Federal Prison

2010-04-21T18:45:00.000-07:00

What happens if you illegal receive money from the federal government?

You go to federal prison!

If for some reason your domestic partner (who was on SS disability) moves out of state, make sure you let the federal government know. Otherwise, you'll end up like Charles Ashton Durham.

Mr. Durham was charged on wire fraud this Wednesday. From 1991 to 2001, Durham's domestic partner was receiving social security disability benefits. Eventually Durham's domestic partner moved out and Durham was still receiving checks from the federal government. Instead of letting the federal government know about the situation, he decided to keep the checks for himself.

Do you have any questions about New Jersey Social Security Law and would like to consult with a New Jersey Social Security Attorney? Please feel free to ask The Rosenblum Law Firm, P.C.

New Jersey Social Security Appeal: How Many Levels of Appeal?

2010-04-19T08:00:00.000-07:00

Sometimes the SSA doesn't agree with your disability claim. If this is the case, there is an appeals process that you should be aware of.

The first stage of this process is called reconsideration. An individual who has not worked on your case before will review the first decision. Original evidence as well as any new evidence will be submitted during this review.

If you disagree with the reconsideration decision, you may request a hearing with an administrative law judge. Just like in the previous stage, new and old evidence can be submitted. During this stage, you are also allowed to bring any witnesses that you feel may help your case.

Hearings can be done in person or via video conference. Location and time will be given to you in a timely manner. It is to your advantage to be present during the hearing with your social security disability attorney, if you have one. After hearing your case, the judge will make a decision.

If you are not happy with the judge's decision, you can ask for it to be reviewed by a panel. This panel, known as the Social Security's Appeals Council, may or may not review your decision. If the council agrees with the judge's decision, they will not grant your request.

However, if the council does review your case and you are not happy with their decision, you can choose to file a suit in federal court.

Do you have any questions about New Jersey Social Security Law and would like to consult with a New Jersey Social Security Attorney? Please feel free to ask The Rosenblum Law Firm, P.C.

New Jersey Social Security Disability: Income Tax On Social Security Benefits

2010-04-14T08:00:00.000-07:00

Do YOU have to pay taxes on your Social Security benefits?

Some people do and some people do not. Individuals who pay taxes on their Social Security benefits, usually have another source of income.

If you file your federal tax return as an individual and your total income is more than $25,000, you will be forced to pay federal taxes on your benefits. Up to 85% of your benefits can be taxable when you make more than $34,000.

Simple as that.

Now, what about if you file a joint tax return?

If you and your spouse have a total combined income of $32,000 or more, the IRS will be looking to get their fair share - you will have to pay taxes. More than $44,000 puts you and your spouse in a bracket where you can be taxed up to 85% of your benefits.

Do you have any questions about New Jersey Social Security Law and would like to consult with a New Jersey Social Security Attorney? Please feel free to ask The Rosenblum Law Firm, P.C.

New Jersey Social Security & Long Term Disability Spotlight: Allsup Data

2010-04-11T17:31:00.000-07:00

A few days ago we discussed how New Jersey Social Security Disability ranks among other states in the country according to a recent study.

However, we didn't have the study ready for your viewing until now.

Allsup's backlog's interactive ranking system is very easy to maneuver in order to help users understand the data.

If you are someone who would rather view the backlog data on a PDF file, Allsup provides you with that as well. They also provide you with the data - in PDF format - for workloads at hearing offices.

Do you have any questions about New Jersey Social Security Law and would like to consult with a New Jersey Social Security Attorney? Please feel free to ask The Rosenblum Law Firm, P.C.

New Jersey Social Security & Long Term Disability Spotlight: NJ Lags Behind Other States in the Country

2010-04-09T06:34:00.000-07:00

According to a recent study, New Jerseyans will have to wait up to sixteen months before hearing back from the SSA with regards to their eligibility for social security disability benefits; New Jersey has the 13th longest wait in the country.

Unfortunately, some New Jerseyans will have to wait another 6 months for a hearing if their first two applications are denied. This means it takes a total of 22 months for a New Jerseyan to go through the whole entire process.

Currently, there are 16,500 people who have applications pending in the state of New Jersey and another 10,547 people who are waiting for their hearing after their first two applications were denied.

The fastest wait time in the country is Delaware with a wait of 10 months.

If you are in need of any assistance during the process, it would be best to hire a New Jersey Social Security Lawyer. Hiring a New Jersey Social Security Attorney would provide you with the best chance to win your case.

Do you have any questions about New Jersey Social Security Law and would like to consult with a New Jersey Social Security Attorney? Please feel free to ask The Rosenblum Law Firm, P.C.

New Jersey Social Security & Long Term Disability Spotlight: Can I Qualify for Short-Term Disability?

2010-04-04T19:33:00.000-07:00

No.

Benefits are NOT given to individuals for a short-term disability or a partial disability. Social Security pays for total disability only.

The disability must prevent an individual from doing work that was being done before the medical condition occurred. Also, the individual's disability must be expected to last at least a year or result in death.

Do you have any questions about New Jersey Social Security Law and would like to consult with a New Jersey Social Security Attorney? Please feel free to ask The Rosenblum Law Firm, P.C.

New Jersey Social Security & Long Term Disability Spotlight: What is the Minimum Age to Receive Disability Benefits?

2010-02-17T21:23:00.000-08:00

New Jersey Social Security applicants ask:

What is the Minimum Age to Receive Disability Benefits?

Adam Rosenblum, who is a Social Security Disability attorney in New Jersey says that s long as you meet the SSA requirements of being disabled, there is no minimum age to receive benefits.

However, you must have worked a decent amount of time to earn the number of required credits in order to receive any benefits from the SSA.

For a chart regarding this information, please visit the SSA website.

Do you have any questions about New Jersey Social Security Law and would like to consult with a New Jersey Social Security Attorney? Please feel free to ask The Rosenblum Law Firm, P.C.

New Jersey Social Security & Long Term Disability Spotlight: Disability Freeze

2010-02-15T12:57:00.000-08:00

Clients often ask New Jersey Social Security Lawyers about a term coined by the SSA: "disability freeze".

A "freeze" is the period of time the SSA has found an individual to be blind or disabled. An individual could have multiple "freeze" periods on their record.

This period of disability can affect how the SSA computes monthly benefit amounts payable to the family of the disabled individual and the individual himself.

The SSA will ignore the "freeze" period if it is an advantage to the individual.

Do you have any questions about New Jersey Social Security Law and would like to consult with a New Jersey Social Security Attorney? Please feel free to ask The Rosenblum Law Firm, P.C.

New Jersey Social Security & Long Term Disability Spotlight: Can I Make Changes to My Online Application?

2010-02-13T07:51:00.000-08:00

A new question we received on this New Jersey Social security blog is how you go about changing anything on your application.

If you need to change anything to your online application, you should contact the office that is processing your claim. Let them know that you wish to add or change information to your application.

Call 1-800-772-1213 if you are not sure which office is processing your claim; they will be happy to assist you.

Do you have any questions about New Jersey Social Security Law and would like to consult with a New Jersey Social Security Attorney? Please feel free to ask The Rosenblum Law Firm, P.C.

Do Members of Congress Have to Pay Into Social Security?

2010-02-10T11:36:00.000-08:00

As New Jersey Social Security lawyers we get all sorts of interesting questions on this blog, a recent interesting Social security payment question was.

Do Members of Congress Have to Pay Into Social Security?

The answer to this common question is yes.

All members of Congress, Federal judges, the President, the Vice President, and most political appointees are covered by Social Security and must pay into the program like everybody else.

However, not all federal employees participate in the Social Security program. Federal employees who were hired before January 1st, 1984 do not have to participate in the program because the amendments (that made participation mandatory in the program) were not added to the program until 1983.

We look forward to more of your New Jersey Social security questions.

Do you have any questions about New Jersey Social Security Law and would like to consult with a New Jersey Social Security Attorney? Please feel free to ask The Rosenblum Law Firm, P.C.

Social Security Administration Denies Social Security Insurance to Woman with IQ of 65

2010-02-03T13:50:00.000-08:00

In LRM v. Social Security Administration, the United States Court of Appeals affirmed the district court’s order denying benefits to a young woman with borderline intellectual functioning.

When LRM applied for social security income benefits (SSI) benefits, she was 19 years old and lived at home with her mother and three younger brothers. With an IQ of 65, LRM did not complete high school and the only job she had ever held (putting tags on clothes) lasted three days. LRM applied for SSI benefits at her mother’s insistence.

The Administrative Law Judge concluded that LRM’s borderline intellectual functioning qualified as a severe impairment and that LRM did not have any past relevant work history. However, the ALJ held that LRM did not qualify for SSI benefits because she failed to establish that she possessed a listed impairment.

To be entitled to SSI benefits, LRM needed to demonstrate that she had an impairment that prevents her from performing substantial gainful activity for 12 months or more. 42 U.S.C. § 1382c. When examining whether a claimant is disabled, the SSA uses a five-step analysis. Fist, the agency considers the applicant's work history. If the applicant is not gainfully employed, the agency determines the severity of her impairment. If the impairment is severe, the agency determines whether it also qualifies as an impairment listed in the social security regulations. If it does, the agency considers the applicant's "residual functioning capacity" and whether she can still perform "past relevant work." Id. Finally, if the applicant cannot perform past relevant work, the agency considers whether she can adjust to other work. To establish disability, the claimant must meet all of these criteria.

In LRM’s appeal of her denial for SSI benefits, she raised three issues: 1) whether substantial evidence supported the ALJ’s denial; 2) whether the ALJ failed to give appropriate consideration to an examining psychologist’s opinion; and 3) whether the ALJ failed to fully and fairly develop the administrative record.

To read the entire US Court of Appeal’s opinion, go to http://www.leagle.com/xmlResult.aspx?xmldoc=In%20FCO%2020101208106.xml&docbase=CSLWAR3-2007-CURR.

The Rosenblum Law Firm has an extensive track record of successfully appealing SSDI and SSI claims. Please contact our firm with all of your disability questions at 866-634-9849.

New Jersey Social Security & Long Term Disability Spotlight:How Long Will it Take for the SSA to Make a Decision?

2010-01-10T09:43:00.000-08:00

Waiting for a decision from the SSA about your social security status in New York can cause frustration and anxiousness - which is understandable.

It's important to know that you will be notified of the SSA's decision within 3-5 months.

The time it takes for the SSA to make a decision depends on the following factors:

-the interaction between your doctors and the SSA;

-your type of disability;

-whether or not your claim has been chosen for decision review; and

-If it's necessary or not to send you for further medical examination.

Do you have any questions about New Jersey Social Security Law and would like to consult with a New Jersey Social Security Attorney? Please feel free to ask The Rosenblum Law Firm, P.C.

New Jersey Social Security Disability: SSI Disability for Children

2010-01-07T15:58:00.000-08:00

A child must be meet each of the following criteria to be eligible for SSI in New Jersey and to be considered disabled:

(1)The condition of the child:

-Must have lasted at least 12 months.

-or-

-Must be expected to last 12 months.

-or-

-Will eventually result in the child's death.

(2) The child must not earn more than $1,000 a month in 2010. If your child is employed and earning that amount, the SSA will NOT find your child disabled.

(3) The child must have a mental or physical condition, or both, that concludes to "marked and severe functional limitations." In other words, your child's conditions must severely limit your child's activities. Some of these conditions are,

Should you have any questions about New Jersey Social Security Law and would like a free consultion with a New Jersey Social Security Attorney? Please feel free to ask The Rosenblum Law Firm, P.C. located in Newark New Jersey.

Delays Cause Loss of Earnings for Social Security Disability Receivers

2009-12-18T14:25:00.001-08:00

In order for an individual to receive disability benefits in New Jersey, that individual cannot work. This requirement can be considered a burden to someone who is not working and waiting for a hearing for their disability claim from New Jersey authorities. The wait can cause an individual in NJ to lose valuable money that could be used to payoff mortgage payments on their New Jersey house. Instead of being helped by the social security system, these individuals are drowning in poverty.

The disability system, was not created to supplement a full loss of income, but to only provide individuals on disability with an extra source of income. This unseen burden has caused the disability system to look for an increase in its budget. Congress should take care of the problem by acting immediately before more people are being put out on the street because of the unreasonable wait that disability claimants have to deal with.

To prevent a long wait for a NJ disability claim hearing, individuals should have a third party walk them through the process so that errors do not cause a delay.

For more information, please read this article on State of West Virginia.

Should you have any questions about New Jersey Social Security Disability and would like a free consultion with a New Jersey Social Security Attorney? Please feel free to ask The Rosenblum Law Firm, P.C. located in Newark, NJ.