Social Security Disability Lawyers In Essex County New Jersey
If physical, mental or emotional impairments prevent you from working on a full-time basis, you may be eligible to receive disability benefits through the Social Security Disability program.
Greenberg Minasian, LLC, is a New Jersey law firm devoted to helping disabled individuals secure the Social Security Disability benefits they need to make ends meet. Serving clients throughout central New Jersey, our Essex County SSDI attorneys are passionate about helping disabled people through the complexities of the Social Security system.
What Do I Need To Know About Advance Designation
You should be aware of another type of representation called Advance Designation. This relates to the Strengthening Protections for Social Security Beneficiaries Act of 2018, which was signed into law on April 13, 2018.
Advance Designation allows capable adult and emancipated minor applicants and beneficiaries of Social Security, Supplemental Security Income, and Special Veterans Benefits to choose one or more individuals to serve as their representative payee in the future, if the need arises.
To help protect whats important to you, we now offer the option to choose a representative payee in advance. In the event that you can no longer make your own decisions, you and your family will have peace of mind knowing you already chose someone you trust to manage your benefits. If you need a representative payee to assist with the management of your benefits, we will first consider your advance designees, but we must still fully evaluate them and determine their suitability at that time.
You can submit your advance designation request when you apply for benefits or after you are already receiving benefits. You may do so through your personal account, by telephone, or in person.
New Jersey Temporary Disability Insurance And Family Leave Insurance
The New Jersey state program provides Temporary Disability Insurance and Family Leave Insurance wage replacement benefits to eligible workers who need time off from work. Workers may be eligible for TDI if they are unable to work due to a non-work-related injury or illness or during pregnancy and/or childbirth. Workers may be eligible for FLI to care for a seriously ill family member or to bond with a new child, and to address matters related to being a victim of domestic violence or sexual violence. Employment covered under the New Jersey Unemployment Compensation Law, including state and local government employment, is also covered for Family Leave Insurance.
Coverage Options: Employers can participate in the state-run program or they can self-insure or fully insure a private plan. MetLife provides fully insured and self-insured temporary disability coverage only.
Job Protection: The NJ TDI and FLI coverage is not job protected. However, job protection may be provided through other federal or state laws such as the federal Family and Medical Leave Act or the New Jersey Family Leave Act .
Benefits:
- TDI: 26 weeks; Workers may receive approximately 85% of their weekly wages with a maximum benefit of $903/week
- FLI: 12 weeks; Workers may receive approximately 85% of their weekly wages with a maximum benefit of $903/week
Contributions:
As of August 1, 2021
Information You Need To Apply
Before applying, be ready to provide information about yourself, your medical condition, and your work. We recommend you print and review the . It will help you gather the information you need to complete the application.
Information About You
- Your date and place of birth and Social Security number.
- The name, Social Security number, and date of birth or age of your current spouse and any former spouse. You should also know the dates and places of marriage and dates of divorce or death .
- Names and dates of birth of children not yet 18 years of age.
- Your bank or other and the account number.
Information About Your Medical Condition
- Name, address, and phone number of someone we can contact who knows about your medical conditions and can help with your application.
- Detailed information about your medical illnesses, injuries, or conditions:
- Names, addresses, phone numbers, patient ID numbers, and dates of treatment for all doctors, hospitals, and clinics.
- Names of medicines you are taking and who prescribed them.
- Names and dates of medical tests you have had and who ordered them.
Information About Your Work:
- Award letters, pay stubs, settlement agreements, or other .
We accept photocopies of W-2 forms, self-employment tax returns, or medical documents, but we must see the original of most other documents, such as your birth certificate.
Do not delay applying for benefits because you do not have all the documents. We will help you get them.
How To File For Disability Benefits In New Jersey
However, being approved is often a challenge. In New Jersey, the average approval rate for initial Social Security benefits applications is only about 43%, which means that more than half of all disability claims are initially rejected. For claimants who go on to challenge their rejection, the approval rate drops even lower, down to about 14% during the second stage of appeals. The New Jersey disability lawyers at Young, Marr & Associates work to help our clients file their disability applications properly the first time and avoid denials. To set up a totally free, confidential case evaluation, call Young, Marr & Associates at 557-3081.
How Do I Apply For Disability In New Jersey
The SSA provides different ways to apply for disability depending on what kind of benefits you are applying for. If you are eligible for SSDI you can apply online, in person, or by telephone. If you are eligible for SSI, you can only apply in person or by telephone .
Online applications . You can apply online at www.ssa.gov/pgm/disability.htm. The SSA will assign you an application number when you apply. Make sure you keep track of this number so you can access the application later or track its status.
Local field offices. You can always apply in person at your local field office. You can find your local field office on the SSA’s website using your zip code. You may need to make an appointment so call your field office ahead of time. You can make an appointment by calling 800-772-1213.
Applying by telephone. If travel is difficult, or your local office is far away, it may be easier for you to apply by telephone. To do this call 800-772-1213. If you are deaf or hearing impaired, call 800-325-0778. Make sure to have your Social Security number available when you call.
Adults Disabled Before Age 22
An adult who has a disability that began before age 22 may be eligible for benefits if a parent is deceased or starts receiving retirement or disability benefits. We consider this a “child’s” benefit because it is paid on a parent’s Social Security earnings record.
The disabled “adult child” including an adopted child, or, in some cases, a stepchild, grandchild, or step grandchild must be unmarried, age 18 or older, have a disability that started before age 22, and meet the definition of disability for adults.
Example
It is not necessary that the disabled “adult child” ever worked. Benefits are paid based on the parent’s earnings record.
- A disabled “adult child” must not have substantial earnings. The amount of earnings we consider “substantial” increases each year. In 2021, this means working and earning more than $1,310 a month.
Working While Disabled: How We Can Help
Nj Temporary Disability Calculator
Use our New Jersey temporary disability pay calculator to estimate the size of your weekly check and the overall benefit you might receive. Of course, you must input the correct information to get an accurate approximation.
The most critical elements are your average weekly wage and the projected length of your incapacity. Of course, tax consequences could affect your budget as well.
Disclaimer: only the government agency or insurance company can determine claim amounts
Furthermore, amounts granted during paid family leave may differ, as will any benefits available on a long-term disability policy that you might have.
What Is Social Security
In 1935, President Franklin Roosevelt signed the Social Security Act. This new federal legislature started the collecting of taxes in 1937. Since then, working citizens across the United States began paying into social security in order to have a form of guaranteed income once they reached retirement age.
The Social Security Act was initially meant to be a form of basic retirement for working individuals. However, in 1939, an amendment was made to the act that allowed spouses and/or children to begin receiving social security survivor benefits if a parent or spouse was deceased and qualified for social security income.
When Do I Have To File My Claim
You must file your claim within 30 days from the first day you become disabled. If you file later than this, you will have to show “good cause” for why you didn’t file the claim on time. To do this, attach an explanation of why the filing was delayed to your claim form. If good cause isn’t shown, you may be ineligible for benefits, or your benefits may be reduced.
Note that you cannot file your claim before you become disabled even if you know, for example, the date of the disabling event that will prevent you from working.
How Do We Know If We Qualify For Disability Or Unemployment
Q. My family is going through rough times right now. My father was on unemployment and was the breadwinner for his family but due to a heart attack, he has been in the hospital for about two weeks and doctors are still working on him. I know he can apply for disability, but since he is on unemployment, should I stop certifying and apply for disability? I do not want him to get in trouble. He is a low income family of three with under $30,000 in gross income.
Trying to help
A. Were sorry to hear about your fathers illness and we hope that he is feeling better.
There are a number of different types of disability benefits that he may be able to apply for depending on whether he is able to return to work after he recovers.
New Jersey has a temporary disability benefit that your family should look into, said Claudia Mott, a certified financial planner with Epona Financial Solutions in Basking Ridge.
She said it requires that he became unable to work more than 14 days after his last day of employment.
Typically, those that qualify will have the same payment amount that they receive through unemployment, she said. The total amount of benefit that can be received is one-and-a-half times the maximum benefit amount of the initial unemployment claim. In essence, this might extend his payments beyond what would have been received through regular unemployment.
Note to readers: if you purchase something through one of our affiliate links we may earn a commission.
Apply For Benefits Online
You should apply for disability benefits as soon as you become disabled. Follow these easy steps to apply online for disability:
- To start your application, go to our Apply for Benefits page, and read and agree to the Terms of Service. Click Next.
- On that page, review the Getting Ready section to make sure you have the information you need to apply.
- Select Start A New Application.
- We will ask a few questions about who is filling out the application.
- You will then sign into your mySocial Security account, or you will be prompted to create one.
- Complete the application.
You can use the online application to apply for disability benefits if you:
- Are age 18 or older.
- Are not currently receiving benefits on your own Social Security record.
- Are unable to work because of a medical condition that is expected to last at least 12 months or result in death; and
- Have not been denied for disability in the last 60 days.
Note: If your application was recently denied, our application is a starting point to request a review of the determination we made.
You may be able to file online for SSI at the same time that you file for SSDI benefits. Once you complete the online process above, a Social Security representative will contact you if we need additional information.
How Can You Receive Permanent Disability In New Jersey
Individuals can receive permanent disability in New Jersey by applying and showing documents to prove that they have lost the ability to work. Applications can be done online, by phone or paying a personal visit to a local Social Security office, states DisabilityDischarge.com.
Individuals do not have to be permanently disabled to claim Social Security disability benefits, notes the SSDRC.com. The authority administering this program anticipated that a beneficiary’s condition might improve, which is why a continuing disability review is necessary. Do the following to obtain permanent disability benefits in New Jersey.
Research for eligibility requirements through the various online resources available. Talk to a Social Security staff for more information. In most cases, applicants must have worked at a job covered by Social Security and suffer an injury or disability as defined by the administering authority.
Apply for permanent disability benefits by paying a physical visit to a local Social Security office. An application can also be submitted online.
Present documents such as doctor reports that prove disability. The Social Security staff will inform of any other requirements that must be submitted before approval of the application.
How Long Nj Temporary Disability Takes
Many people want to know how long it takes to receive their New Jersey state temporary disability checks. You could have your money in a matter of days or might have to wait months depending on three critical questions.
Speak With An Experienced Temporary Disability Benefits Attorney In Middletown New Jersey
The rules and regulations governing temporary disability benefits in New Jersey are numerous and complicated. Getting legal help is essential. The lawyers at Rudnick, Addonizio, Pappa & Casazza have years of experience handling Workers Compensation claims and appeals to help get injured workers the benefits they deserve Call an attorney today at 888-657-8883 to schedule your free consult, or fill out a contact form online.
From our Hazlet and East Brunswick offices, we serve clients in and around Hazlet, Middletown, Keyport, Union Beach, Holmdel, Red Bank, Monroe, Rumson, Asbury Park, Highlands, Atlantic Highlands, Leonardo, Sea Bright, and Monmouth Beach.
How Long Can You Collect Nj Disability
The maximum number of weeks that you can collect for any one disability is 26 weeks. The benefit level is 2/3 of the average of your last 8 weeks wages earned, up to the maximum weekly benefit of $ 633/wk. It typically takes 2-3 weeks to process your claim from the date of receipt in the NJ State Disability office.
How Do I Apply For Benefits
You need to complete Form DS-1, Claim for Disability Benefits, to apply for benefits. There are three parts to the form that need to be completed: one for you, your employer, and your doctor. Make sure all three parts are filled out entirely so that your claim can be processed quickly. Once it is completed, send the form to:
Division of Temporary Disability Insurance Department of Labor and Workforce DevelopmentP.O. Box 387
Here are the phone and fax numbers:
Phone: 609-292-7060Fax: 609-984-4138
Make sure that everything you send to the Division of TDI has your name and Social Security number on it.
What If Am Denied Benefits Or The Benefit Amount Is Wrong
You can appeal a decision by the Division of TDI if you think it is wrong. Your appeal must be in writing and contain an explanation of why you disagree with the decision. It has to be received by or postmarked within seven days of getting your letter of determination, or within ten days from the date the letter was mailed to you. You can also fax your appeal or submit it online.
Once your appeal is received, you’ll get a letter that advises you of the date, time, and location of the appeal hearing. An Appeal Tribunal examiner will conduct the hearing, and you must be present for it. You don’t need an attorney, but you can bring an attorney or a friend or relative with you. The examiner’s decision will be sent to you by mail.
If you’d like legal representation at the hearing, contact a disability lawyer in your area.
How Long Can You Be On Disability Nj
The maximum number of weeks that you can collect for any one disability is 26 weeks. The benefit level is 2/3 of the average of your last 8 weeks wages earned, up to the maximum weekly benefit of $ 633/wk. It typically takes 2-3 weeks to process your claim from the date of receipt in the NJ State Disability office.
Will New Jersey Supplement My Ssi Payment
States have the option to give SSI recipients extra money in addition to the monthly SSI amount they receive from the federal government. New Jersey does provide some supplemental funds to SSI recipients.
Here is a chart that shows how much New Jersey SSI recipients can receive from both the federal and stategovernment. The amount depends on the recipient’s living arrangement. If the recipient has other resources or income, the amount may be lower.
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Category of Recipient |
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Temporary Total Disability In New Jersey
Q: What is temporary total disability in NJ?
A: If you are injured and are forced to miss more than seven days of work, you may receive temporary total disability payments. This is the most common form of workers compensation disability benefits.
If you receive this benefit, you are considered to be disabled but likely to be able to return to work in the future once you recover.
Q: How long can I remain on temporary disability in NJ?
A: In New Jersey, you can continue to receive temporary total disability benefits until one of the following happens:
- You are determined to have reached your maximum medical improvement;
- You are able to return to your job; or
- You have received benefits for 400 weeks.
Q: How much will I make on temporary total disability on workers comp in NJ?
A: If you are approved for temporary total disability, you will receive up to 70 percent of the gross weekly amount that you normally earn. The maximum weekly amount is capped at $903 per week as of 2018.
What Happens If The Adult Child Gets Married
If he or she receives benefits as a disabled “adult child,” the benefits generally end if he or she gets married. However, some marriages are considered protected.
The rules vary depending on the situation. Contact a Social Security representative at 1-800-772-1213 to find out if the benefits can continue.
1-800-772-1213
To speed up the application process, complete an Adult Disability Report and have it available at the time of your appointment.
Permanent Partial Disability In New Jersey
Q: How to get permanent partial disability in NJ?
A: If your doctor determines that you have reached your maximum medical improvement, but determines that you are partially and permanently disabled, you may receive permanent partial disability benefits.
In New Jersey, certain injuries are considered to be scheduled losses while others are considered to be nonscheduled losses.
Scheduled losses are listed on the states schedule of disabilities. This schedule lists the maximum number of weeks for which you can continue to receive benefits.
If your injury appears on the scheduled loss chart, you will continue receiving 70 percent of your weekly wages for the number of weeks that are listed on the schedule.
For example, if you lost 50 percent of the loss of a foot, you would receive 50 percent of the scheduled amount for a total loss. A total loss of a foot is equal to 230 weeks, so a 50 percent loss means that you would be paid for up to 115 weeks.
Some losses are considered to be non-scheduled. This means that they do not appear on the states schedule of disabilities, but it does not mean that you cannot receive permanent partial disability benefits for them.
Non-scheduled losses are paid for up to 600 weeks at a maximum rate of 70 percent of your weekly wages. This means that if your doctor assigns you a disability rating for a non-scheduled loss of 20 percent, you can expect to receive payments for 120 weeks.
How Long Can You Be On Workers Comp In NJ?
How Much Work Do You Need
In addition to meeting our definition of disability, you must have worked long enough and recently enough under Social Security to qualify for disability benefits.
Social Security work credits are based on your total yearly wages or self-employment income. You can earn up to four credits each year.
The amount needed for a work credit changes from year to year. In 2021, for example, you earn one credit for each $1,470 in wages or self-employment income. When you’ve earned $5,880, you’ve earned your four credits for the year.
The number of work credits you need to qualify 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 more information on whether you qualify, refer to How You Earn Credits.
New Jersey Temporary Disability Calculator & Delay Time
New Jersey state temporary disability helps many residents while they are unable to work. The program replaces a portion of income when an individual suffers a covered non-occupational accident or illness.
Every penny counts when you lose your income while your regular bills keep coming in. Plus, you may have extra medical expenses kick in at the most inconvenient time.
Take advantage of our online calculator to get a quick estimate of the benefit you might receive, if approved. Then, read about all the forms you might need to complete. Accuracy ensures that you do not have to delay too long before the first payment arrives.
Our New Jersey Disability Application Lawyers Offer Free Consultations
If you are applying for federal disability benefits in New Jersey, or if you want to appeal an SSA denial, call the New Jersey disability attorneys at Young, Marr & Associates. Our attorneys have decades of experience helping disabled applicants get the benefits they need to continue to support themselves and their families through trying times. If you have a disability that makes it impossible to work to support yourself, call our law offices today to schedule a free consultation to discuss your disability application. Our number is 557-3081.
DISABILITY RESOURCE CENTER
Overview: Short Term Disability And Long Term Disability Benefits
There are several layers of disability income benefits that may be available to you. This section provides a brief overview. In New Jersey, most employers must either contribute to state mandatory TDB benefits coverage or have their own short term disability coverage providing a minimum amount of benefits, per week to its qualified employees for the first six months of disability. A useful guide is located at the New Jersey State ***. Long term disability income benefits coverage is obtained by paying premiums over time, to either an insurance company or into a employee plan. The administrator of the plan or policy requires you to submit proof of your disability. Typically, long term disability coverage requires you to be disabled for a set period of time, “the elimination period” before payment will begin.