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Montclair Social Security Disability Law Blog

Determining eligibility for SSDI for cancer

Cancer affects many people in New Jersey. There are many different types of cancer and many different groups raising money for research to attempt to find a cure. While a cure has not been found yet, treatment has improved and people can end up beating cancer or living for a long time with it. However, their life might be quite different while they are undergoing treatment or after a surgery.

One of the things that could be different is that the person is unable to work. This can put a large financial burden on the person while all their strength is being put towards getting better. Luckily, people who find themselves in this unfortunate position may be eligible to receive SSDI benefits.

Mental conditions that can arise after a traumatic brain injury

Some unexpected injuries can completely change a person's life. One of these types of injuries is a traumatic brain injury, also known as "TBI." Not only can these injuries require expensive hospital stays, they also can require months or even years of therapy. Sometimes, the people will be dealing with the effects for the rest of their lives.

These injuries affect people both physically and mentally. People can experience drastic changes in their personality and can have trouble controlling their emotions while they are recovering. These generally are temporary, but people can eventually be diagnosed with a mental condition as well, if the change is more permanent.

Fibromyalgia may keep you from working, but you have options

Thousands of Americans deal with the chronic and debilitating pain caused by fibromyalgia, and you may be one of them. In fact, your condition could be severe enough to keep you from working or severely limit your ability to participate in everyday activities, including doing certain aspects of your job. 

If you are not able to hold gainful employment in New Jersey due to your physical condition, you could have a rightful claim disability benefits. Securing the support you need when you are unable to work due to fibromyalgia can be difficult, but you have the right to seek the support and counsel of a disability benefits attorney. 

Many people are injured on the job in New Jersey each year

Whether they like their jobs or not, most people need their jobs to earn income and provide for their families' needs. If a person lost their job or suffered an injury at work, it could put them in a very difficult situation economically, especially if it is a long-term injury.

Unfortunately, this happens to many people in New Jersey. In fact, many people are injured while they are working. In 2015, which is the most recent data available, there were 93,900 people injured or who developed illnesses at work and 54,200 people missed time at work due to these injuries and illnesses. Some of the industries with the most injuries and illnesses that resulted in missed time are construction, with2,000, manufacturing, with4,600, retail, with6,300, transportation and warehousing, with5,500, and health care, with8,900.

Key points about appeals when your benefits have been stopped

When a New Jersey resident is approved for Social Security Disability benefits, it can be a nerve-wracking experience to be informed by the Social Security Administration that the benefits are being stopped. The SSA will periodically review a claimant's case and stop the benefits. A claimant does have alternatives when this is the case. A person who would like to appeal the benefits stopping can do so. The case will be reexamined to determine if the SSA made a mistake and should restart the benefits. There are four levels of appeal including reconsideration, hearing, the appeals council and federal court. This post, however, will focus on other issues.

The claimant will have 60 days to appeal the decision to stop benefits. The countdown starts on the day the claimant receives the letter. The SSA will assume that the claimant received the notification five days after the date on it. The claimant can show that the letter was received later than that and receive an extension. If a person misses the deadline, giving the SSA a reason for the lateness might allow for the appeal to be filed. When a person asks for an appeal within 10 days of getting the letter, it is possible to ask for the payments to continue while the SSA decides on the appeal. If the request is made late, it is possible to continue the payments if there is a good reason for the lateness.

What are the rules to transfer resources to get SSI benefits?

For those in New Jersey who meet the basic requirements to get Supplemental Security Income, there is also the matter of resources. A person who has too many resources available will not be able to get approved for SSI benefits. When applying for SSI benefits, it is essential to know how to deal with any excess resources. Fortunately, there is the option of transferring those resources until the eligibility requirements for resources are met.

The transfer of a resource means getting rid of it in some way. That can mean selling it or simply giving it away. If a person seeking SSI has cash that surpasses the amount they can have to receive benefits, they can give it to someone else to solve the issue. An applicant or the spouse of an applicant who gives away a resource for less than it is worth might result in ineligibility for SSI for as long as 36 months. This is contingent on the value of that which was transferred. Selling a resource for its worth eliminates the 36-month issue. However, the money that was accrued by selling the item could put person's resources beyond the amounts allowable: $2,000 for an individual and $3,000 for a couple.

Arthritis: The hidden condition that can change your life

Many people assume that a real disability is only one seen from the outside. In reality, there are many different types of unseen ailments that can leave a person in serious pain and with severe limitations. One of the most common internal conditions that can have a serious impact on a person’s life is arthritis.

There are many different types of arthritis, and every case is different. Some New Jersey residents diagnosed with this condition are unable to work, and if you find yourself seriously limited by arthritis, you are not alone. Millions of Americans have the same condition, and of these millions, many have legitimate disabilities due to this type of ailment.

The unfortunate reality of the SSD process

A serious illness can redefine a person's life. He or she may no longer feel like him or herself, spend much time in receiving medical treatments and can no longer maintain a job. This can generate financial hardship, making it difficult to cover their basic living needs.

Whether you developed a work-related illness, carry a genetic disorder or other serious illness, a medical condition can make it challenging to enjoy life. It can become nearly impossible to do the things you once did on a regular basis, and sufferers may not be able to care for themselves. If the pain and suffering of the disease is not enough, he or she requires ongoing medical treatments that likely cause more pain and agony.

Helping recover SSD benefits for mental conditions

Whether you were diagnosed with a mental illness in childhood or later in life, such a condition can impact a person emotionally and mentally. Those living with a mental illness in New Jersey and elsewhere should understand that they do not have to suffer alone. There are government programs designed to assist those living with mental conditions, helping them obtain the financial means they require to meet their basic needs.

At Levine Law, LLC, our experienced attorneys understand that difficulties and challenges mental illnesses can cause individuals and their loved ones. These conditions can make it difficult to live a normal life, maintain a job and obtain the help they require to address the mental or emotional conditions through which they are suffering. We are dedicated to helping individuals in New Jersey understand their rights and options.

What determines the amount of one's SSD payments?

Living with a disability is not easy. This is why many residents in New Jersey and other states across the nation take the time to apply for Social Security disability. If you have suffered a debilitating injury die to a work accident, it is possible to go through the SSDI program in order to receive disability benefits.

When an application has been approved, there are a few important factors individuals should keep in mind. To begin, the first benefit will be paid for the sixth full months after the date the SSA found that an applicant's disability began. Additionally, disability benefits are paid in the month following the month that they are due. For example, if they were due in January, they would be paid in February.

You won't know if you have a legitimate claim unless you talk to an experienced attorney. Get in touch with me today.

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