New Jersey Social Security Disability Legal Questions

Social Security Disability is insurance that is meant to replace your income because you can't work.  If your husband can work, then he cannot receive SSD.  Whether or not you will owe him alimony depends on all of the income and assets you own.  He will not automatically get half of your SSD. ... Read More

I'm not sure that is a "violation" as much as it is a curiosity.  You were not banned from bringing the service animal into the builidng, you certainly did not need to respond, and you didn't indicate that you suffered any damages as a result of that question.  Perhaps the office manager was making conversation or was just curious and meant no harm. ... Read More

You can apply for disability benefits online, but if you are denied you are going to have to contact a lawyer to appeal the decision. I would think you should be able to work with an attorney through the web to do this.  Here is the Social Security Disability Website that will tell you how to apply online.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here for an article that explains how and what clients are charged when they hire an attorney to pursue a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website.     ... Read More

you are going to have to look at the contract to see what the "grace" period was for cancellation of the policy, and whether the cancellation notice was properly given.  Whether or not there is money available is dependent on the type of policy also.  If it was a term policy, there will be no payment. ... Read More

I'm not sure how to answer this question because some important facts have been left out.  Is it your own Social Security money, or is there an allegation that you have misspent someone else's Social Security money?  there are no restrictions on how you spend your own money, but if you are the representative payee for someone else, you have an obligation to spend the Social Security on that person.  If you fail to do so, Social Security could require you to pay it back. ... Read More

Your son would most likely qualify for ssi supplemental security income.  Depending on the number of work credits he has he may also qualify for SSD.  The number of work credits needed for disability benefits depends on your age when you become disabled. Generally you need 40 credits, 20 of which were earned in the last 10 years ending with the year you become disabled. However, younger workers may qualify with fewer credits.  For example, since he is under age 24, he may qualify if he has 6 credits earned in the 3-year period ending when his disability starts.  He may also qualify for housing assistance because of his disability.  ... Read More

She needs to contact an attorney who specializes in social security appeals. There are several qualified attorneys who we refer these kinds of cases to in our area.  Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz. ... Read More

You need to look at the specific reason she was denied to find a clue as to what needs to be done to appeal.  For example, the denial might say something like the "neurological problems do not impair her ability to work"  because the neurologist did not specifically say that your daughter cannot work.  It is not enough to describe the symptoms, the condition, the pain, the impairment, etc. In order to get SSD the doctors doing the reports must specifically say that as a result of this condition this person cannot engage in any meaningful employment.  You can appeal it and should.  sometimes I think everyone just gets denied the first time and SSD just wants to see if you will appeal.... Read More

I'm not sure that those issues qualifies as being disabled.  The definition is pretty conclusive that the disability has to affect the person's ability to live their life.  For an adult it means you have to be unable to work at all.  It sounds like you need to get more help form your daughter's school for behavior modification, and Individualized Education Plan and disability services.  ... Read More

It depends on the amount of the income and whether or not the income is reportable or taxable as income.  If you have sold a few items that belonged to you at a flea market, I don't think that will affect your SSD.  If you have a business in which you go to a flea market every day and set up shop, then you are working and shouldn't be receiving social security disability, which is for people that are disabled and cannot work.  ... Read More

I hope you win, Vince!  You're dilemma would be a good one to have! SSD and Medicare should not be impacted if you win.  There are state rules and regulations concerning Medicaid, and you should seek an attorney knowledgeable in your state concerning this area of law.  NOTE: contact them now before you win .... if not, it may be too late.  Go to http://www.lawyers.com/Social-Security-Disability/browse-by-location.html to find someone in your state. PLEASE NOTE that an in person consultation is always best when you have a legal problem. DO NOT RELY on information for a legal remedy without having contacted a lawyer. Facts and circumstances of every case have to be applied to the law that is relevant for the state or location in question. NEVER rest on a right or defense you may have. Legal rights are not like wine - they don't improve with age or time. Time limits can completely prohibit recovery. SEEK LEGAL ADVICE IMMEDIATELY. Be sure to visit my website for answers to other Social Security Disability questions. http://haller-law.com/faq... Read More

As to your question about "more financial help" the answer is not likely with the Social Security Administration.  I would suggest reviewing this website: https://www.disability.gov/ SSI is Supplemental Security Income.  It is a "needs based" program and assets and Social Security Disability Benefits directly impact whether or not you will receive SSI. If I understand your question correctly, you are receiving $725/month in disability payments from the Social Security Administration (SSA).  If so, this amount is greater than the amount that a person receiving SSI can receive, and thus, you are not eligible for SSI.  The maximum amount in 2012 is $698/month for an individual. To find an attorney in your area that handles Social Security Disability law, go to http://www.lawyers.com/Social-Security-Disability/browse-by-location.html and click the State in which you live.  PLEASE NOTE that an in person consultation is always best when you have a legal problem. DO NOT RELY on information for a legal remedy without having contacted a lawyer. Facts and circumstances of every case have to be applied to the law that is relevant for the state or location in question. NEVER rest on a right or defense you may have. Legal rights are not like wine - they don't improve with age or time. Time limits can completely prohibit recovery. SEEK LEGAL ADVICE IMMEDIATELY. Be sure to visit my website for answers to other Social Security Disability questions. ... Read More

Contact a lawyer, not because what you have stated is a good case, but it could be.  There are other facts and pieces of information an attorney in your local area will want to discuss with you that are relevant. If you are receiving unemployment benefits, you can still file for disability benefits.  Your lawyer will counsel you on the important steps to take while receiving those benefits. Disability must last 12 months or more.  Your hip replacements may take more than 12 months to recover, so that may be a good case.  Note, however, that if the replacements eliminate the problems you were having, and you are able to return to work, you must report that to SSA, and some very specific rules kick in. Good luck!... Read More