The moratorium on federal student loan payments has been extended again by President Biden to June 30, 2023. An article on this topic can be found on cnet at https://www.cnet.com/personal-finance/loans/student-loan-pause-extended-again-heres-when-youll-have-to-start-paying/Jim Shenwick, Esq   212 541 6224   jshenwick@gmail.com

 Distinguishing a precedent from his own district and disagreeing with the Fourth Circuit, Judge Craig Gargotta has ruled that non-dischargeability only applies to human Subchapter V debtors. Adv. No. 22-5052, Avion Funding, LLC v. GFS Industries, LLC (Bankr. W.D. Tex. 11/10/2022).  The decision can be found here. The decision was especially sweet for me personally because the case it distinguished, New Venture Partnership v. JRB Consolidated, Inc. (In re JRB Consolidated, Inc.), 188 B.R. 373, 374 (Bankr. W.D. Tex. 1995), was one that I lost and always thought was wrongly decided. Introduction to Non-Dischargeability of Corporate DebtsUnder 11 U.S.C. Sec. 523(a), there are certain debts which cannot be discharged in a bankruptcy case. Some debts are automatically non-dischargeable, such as domestic support obligations and certain taxes, while other debts must be proven to be non-dischargeable, such as fraud, defalcation in a fiduciary capacity and willful and malicious injury. Usually, it is easy to tell when non-dischargeability applies. Only a human being can receive a discharge in a chapter 7 case, 11 U.S.C. Sec. 727(a)(1) and only individuals can file chapter 13, 11 U.S.C. Sec. 109(e). Since chapters 7 and 13 account for 99% of all bankruptcies, the possible application of non-dischargeability to a corporation or partnership does not come up very often. Nevertheless, it happens enough to parse the statutes and wonder just what Congress was thinking. What makes this issue interesting is how different sections of the Code interact. Let's start with 11 U.S.C. Sec. 523(a). It states that "(a) discharge under (specified specific code sections) does not discharge an individual debtor from any debt" listed in the nineteen subsections which follow. That should make it really clear that only an individual can have a non-dischargeable debt, right? However, when you look at chapter 12, it says that a discharge under chapter 12 does not discharge a debtor from a debt "of a kind specified in specified in section 523(a) of this title." So, does the reference to "of a kind specified in section 523(a)" refer to the nineteen subsections only or does it include the limitation that section 523(a) only applies to individual debtors? In the JRB Consolidated case, Judge Larry Kelly, for whom my Inn of Court is named, concluded that "of a kind" meant the specific types of debts regardless of what debtor they applied to. Now what does Subchapter V say? In 11 U.S.C. Sec. 1192, Congress stated that upon conclusion of a plan, the court shall grant the debtor a discharge of all debts provided in section 1141(d)(1)(A) of this title" except for debts "of the kind specified in section 523(a) of this title."  Section 1141(d)(1)(A) doesn't offer any clarity since it simply refers to pre-petition debts and a few other debts determined as if they were pre-petition debts. However, 11 U.S.C. Sec. 1141(d)(1)(B) specifically says that in a legacy chapter 11 case that non-dischargeability only applies in an individual case.  The Fourth Circuit has recently held that non-dischargeability can apply to a non-human Subchapter V debtor. In re Cleary Packaging, LLC, 36 F.4th 509 (4th Cir. 6/7/2022).So, how did Judge Gargotta approach the problem?Judge Gargotta's InterpretationJudge Gargotta relied substantially on the preamble to section 523(a) to find that non-dischargeability in Subchapter V cases only applied to individuals. He gave three reasons for this conclusion.First, § 1192(2)’s reference to § 523(a) only incorporates the list of nondischargeable debts, without expanding it. In other words, the language of § 1192(2) does not intend to except from discharge any debts that § 523(a) does not already except. Because § 523(a) unequivocally applies only to individuals, the language of § 1192(2) does not empower § 523(a) to cast a wider net than the text of § 523(a) permits. Had Congress included a phrase in § 1192(2) explicitly stating that the list found in § 523(a) applies to all debtors proceeding in Subchapter V, then the interpretation would be straightforward. Congress’s choice not to insert this language is instructive. Moreover, if Congress intended the list of debts to be applicable to corporate debtors, it knew how, because it did so in § 1141(d). Section 1141(d)(6) states: “the confirmation of a plan does not discharge a debtor that is a corporation from any debt (A) of the kind specified in paragraph 2(A) or 2(B) of section 523(a) that is owed to a governmental unit…”(emphasis added). Similarly, § 1141(d)(2) states: “A discharge under this chapter does not discharge a debtor who is an individual from any debt excepted from discharge under section 523 of this title.” (emphasis added). This language is evidence that Congress knew, when it drafted § 1192(2), how to distinguish dischargeability based on the type of debtor. Congress did not make this distinction in § 1192(2). Thus, in order to determine to which debtors § 1192(2) refers, one must look to the language of § 523(a), which unequivocally applies only to individuals. Second, the inclusion of § 1192 in § 523(a) would be rendered meaningless under any other interpretation. When Subchapter V was passed, Congress also amended § 523(a) to add the newly enacted § 1192 to the list of discharge provisions incorporated in the scope of § 523(a)’s discharge exceptions. § 523(a) now reads, “[a] discharge under section…1192…does not discharge an individual debtor…” (emphasis added). Section 1192’s addition is vital to the analysis because it evinces Congress’s intent. Section 1192(2) as written makes § 523 discharge exceptions applicable to “debtors” without regard to whether the debtor is an individual or a corporation. Critically though, had Congress intended § 523(a) exceptions to apply to entities as well, it would be unnecessary to add § 1192 to a statute that plainly applies to individual debtors only. The fact that Congress added § 1192 into § 523 demonstrates that Congress intended § 1192(2) to limit the § 523 exceptions in Subchapter V to individuals only. This conclusion is mandated by the canon of statutory construction against surplusage. When interpreting statutes, courts should “lean in favor of a construction which will render every word operative, rather than one which may make some idle and nugatory.” Antonin Scalia & Bryan  A. Garner, Reading Law: The Interpretation of Legal Texts 69, 174 (2012) (citing Thomas M. Cooley, A Treatise on the Constitutional Limitations Which Rest upon the Legislative Power of the States of the American Union 58 (1868)). Here, interpreting § 523 as excepting from discharge debts of corporate debtors in Subchapter V would be to ignore the import of § 1192 into § 523(a). The Court believes the correct interpretation is one which gives meaning to the amendment to § 523. This position compels the Court to conclude that discharge exceptions found in § 523 apply to an § 1192 discharge, but only as to individual debtors. Third, corporate debtors proceeding under Chapter 11 historically have been immune to dischargeability actions under § 523(a). It is well-settled law in this circuit that the § 523 exceptions to discharge apply only to individuals, not to corporations. See Garrie v. James L. Gray, Inc., 912 F.2d 808, 812 (5th Cir. 1990) (“the ‘willful and malicious injury’ exception to discharge, like all of the exceptions to discharge found in section 523(a), applies only to individual, not corporate debtors”) (citing Yamaha Motor Corp., U.S.A. v. Shadco, Inc., 762 F.2d 668, 670 (8th Cir. 1985)). As this Court itself has explained, it is clear from the language of the Chapter 11 discharge statutes “that corporate debtors in Chapter 11 are not subject to a complaint to determine dischargeability of debt under § 523(a).” New Venture Partnership v. JRB Consolidated, Inc. (In re JRB Consolidated, Inc.), 188 B.R. 373, 374 (Bankr. W.D. Tex. 1995). For Congress to suddenly depart from this well-established principle when it enacted Subchapter V defies reason. It is much more likely, and confirmed by the language used in Subchapter V, that Congress intended to expand, not discontinue, the principle that Chapter 11 corporate debtors are not subject to § 523(a) complaints to determine dischargeability. Because Subchapter V is merely a subchapter to the broader Chapter 11, this is the required result. More compelling, the provisions governing Chapter 11 discharge imply that § 523(a) should not apply to corporate debtors. Section 1141(d)(2) states, “[a] discharge under this chapter does not discharge a debtor who is an individual from any debt excepted from discharge under section 523 of this title.” (emphasis added). Had Congress intended that corporate debtors also be held to the provisions of § 523(a), then clarifying that only individuals under Chapter 11 are liable for § 523 exceptions to dischargeability makes little sense. In sum, the statutory language along with the broader Chapter 11 statutory scheme mandate this Court’s holding that corporate debtors proceeding under Subchapter V cannot be made defendants in § 523 dischargeability actions. Avion’s claims under § 523, therefore, must be dismissed for a lack of legal foundation. Opinion, pp. 8-11.Judge Gargotta was able to distinguish the prior JRB Consolidated decision primarily on the basis that it recognized a difference in the chapter 11 discharge. Judge Gargotta wrote:The Court recognizes the similarities between the language of §§ 1228(a)(2) and 1192(2). Despite the similar language, the Court does not find its decision in this case as inconsistent with the ruling in In re JRB Consolidated. Critical to Judge Kelly’s decision was the difference between the operation of Chapter 11 corporate discharges and Chapter 12 corporate discharges. Judge Kelly pointed out that the provisions of Chapter 11 are narrower, only excepting from discharge 1) a liquidating corporate debtor that would otherwise be denied a discharge under § 727(a) (§ 1141(d)(3)); and 2) individual Chapter 11 debtors who have debts of the kind enumerated in § 523(a) (§ 1141(d)(2)). Given the limited exceptions to discharge in Chapter 11, Judge Kelly observed that “it seems clear from that language that corporate debtors in Chapter 11 are not subject to a complaint to determine dischargeability of debt under § 523(a).” Id. at 374. Because Subchapter V is not its own chapter of bankruptcy, but rather is a subchapter of Chapter 11, Judge Kelly’s analysis regarding Chapter 11 discharges remains applicable to the case here. Furthermore, Judge Kelly recognized the uniqueness of Chapter 12, stating that the broad language of § 1228(a), “would appear to be consistent with the intent of Congress to provide special treatment for certain kinds of debtors otherwise eligible to file for Chapter 12.” Id. In short, because Chapter 12 is only available to a small and specific subset of debtors, Chapter 12 cases have unique considerations that are not present in a Chapter 11 case. Therefore, the Court is not mandated to extend the holding that Chapter 12 corporate debtors are subject to § 523 dischargeability actions into Subchapter V notwithstanding the similar language between §§ 1228(a) and 1192(2). Opinion, p. 13.I have set out the key areas of Judge Gargotta's reasoning because I think he (and his law clerk) do a masterful job of using the canons of statutory interpretation to determine what Congress intended on a subject that Congress probably never thought about. He gets bonus points for citing the Scalia text on statutory interpretation. Congress created this problem by blindly cross-referencing statutes that apply differently in different contexts. The Court can either take the plain meaning approach in a vacuum (as I believe Judge Kelly did in JRB Consolidated) or think about how the statutes work together (as Judge Gargotta did). While other courts may disagree with Judge Gargotta's analysis, they will find it hard to dismiss it as a principled approach to a problem foisted onto the courts by Congress.What Should the Answer Be?Setting aside statutory interpretation and Congressional intent, what should the answer be? I think that dischargeability is a concept uniquely applicable to individual debtors. I start with the proposition that bankruptcy is intended to benefit the "honest but unfortunate" debtor. Local Loan Co. v. Hunt, 292 U.S. 234, 244 (1934). This introduces a concept of morality that can only apply to human beings and not to artificial entities. The nineteen categories of non-dischargeable debts fall into four broad categories: those which contain an element of moral judgment, those which protect the public fisc, technical exceptions and a grab bag of special interest provisions tacked on over the years. The morality based exceptions include fraud (sec. 523(a)(2)), fraud or defalcation in a fiduciary capacity (sec. 523(a)(4)), willful and malicious injury (sec. 523(a)(6)), death or personal injury caused by drunken driving or boating (sec. 523(a)(9)), federal restitution obligations (sec. 523(a)(13)) and debts for violations of the securities laws (sec. 523(a)(19)).The exceptions aimed at protecting the public fisc include taxes (sec. 523(a)(1)), domestic support obligations (sec. 523(a)(5)), student loans (sec. 523(a)(8)), fraud or defalcation while acting in a fiduciary capacity of a federally insured institution (sec. 523(a)(a)(11)), failure to maintain a commitment to contribute capital to a federally insured institution (sec. 523(a)(11)), and certain fees imposed on prisoners (sec. 523(a)(17)). The exceptions I would describe as technical include debts that are not listed or scheduled (sec. 523(a)(3)) and debts excluded from discharge in a prior case (sec. 523(a)(10)).Of the nineteen categories of non-dischargeable debts there are many which can only apply to an individual, such as domestic support obligations, student loans, restitution, prisoner fines and drunken driving debts. While artificial entities can owe tax debts, they must pay priority claims in full in order to receive a discharge. When you eliminate the debts that could not be incurred by an artificial entity or must be paid by an artificial entity in order to reorganize, the main debts left are a subset of the morality-based exceptions to discharge, such as the fraud claim raised in the Avion Funding case.  Morality is a concept not easily applied to an artificial entity. Purdue Pharma is an example of an entity whose owners operated it in an egregiously immoral manner. However, it was able to reorganize because reorganization promoted the greater good.  If non-dischargeability had applied to that case, there would have been no reorganization since most debts would have escaped discharge. A corporate restructuring is more of a collective maximization of value than it is a vehicle for making moral judgments. Moral judgments, on the other hand, are particularly apropos in the case of an individual receiving a chapter 7 discharge. Beyond the question of whether morality should apply to artificial entities, a kind of morality is baked into the Code in other areas applicable to artificial entities. The good faith requirement of 11 U.S.C. Sec. 1129(a)(3) is designed to ensure that the bankruptcy process is not used for improper purposes. The priority given to taxes, employee wages and customer deposits all include an element of moral judgment. While the existing laws are rather murky, if Congress were writing on a clean slate, it should state that dischargeability only applies to human debtors.Disclaimer:  Given that there are two viable alternatives for deciding whether non-dischargeability applies to a corporate debtor, I reserve the right to argue whichever position benefits my client. 

 Governor Hochshul signed a bill on Wednesday November 23, 2022, prohibiting healthcare providers from collecting wages or liening patients' homes to satisfy medical debts. An article about the bill can be found at https://www.mytwintiers.com/news-cat/state-news/hochul-signs-bill-to-protect-new-yorkers-with-medical-debt/If a creditor wishes to collect a debt in New York, they must sue the debtor, obtain a judgment, and then enforce the judgment. Under New York law a  judgment is good for 20 years. Creditors who attempt to enforce judgments generally do three things: 1.  Lien and levy  on a debtors checking account or brokerage account, 2. Docketing the judgment against the debtor’s house and foreclosing on the judgment and 3. Wage garnishment, a legal procedure in which a person's earnings (10%) are required by court order to be withheld by an employer, and paid to a creditor in satisfaction  of a debt.With the new law signed by the governor, medical creditors will no longer be able to garnish wages or docket judgments against a debtor's house in order to collect on those judgments. If you have any questions about the enforcement of judgments, please contact Jim Shenwick, Esq at jshenwick@gmail.com or  at 212-541-6224.

If you were recently diagnosed with a medical condition that prevents you from working, you may qualify for disability benefits. In which case, learning about the most commonly approved conditions can be helpful. Various conditions can qualify you for disability benefits. Among disabled workers, the most commonly approved conditions are musculoskeletal issues and nervous system and sense organ issues. Among disabled adult children (DA Cs), the most commonly approved conditions are intellectual disabilities. The Social Security Administration (SSA) provides 14 categories of qualifying conditions for adults and 15 categories for children under 18, each including various specific illnesses, injuries, or disabilities. To determine if your condition may be approved for disability benefits, you should turn to our experienced lawyers for help. We’re here to help you apply for disability benefits when you can no longer earn an income because of a medical condition. For a free and confidential case evaluation with the Philadelphia disability lawyers at Young, Marr, Mallis & Deane, call us at (215) 515-2954 or (609) 557-3081. Commonly Approved Conditions Among Disabled Workers While many injuries, disabilities, and illnesses qualify individuals for disability benefits, some are seen more often than others. While most common conditions are often age-related, some are more sudden, quickly impacting a person’s abilities and leaving them unable to work. If you have recently been diagnosed with a life-changing condition, speak to our attorneys. You may qualify for disability benefits. Many common conditions that qualify people for Social Security Disability Insurance (SSDI) benefits are age-related. Often, people work for most of their lives, only to be diagnosed with degenerative or otherwise preventative work. According to the SSA’s 2021 report regarding Social Security Disability Insurance benefits, the average age for recipients was 55. For example, arthritis is one of the most commonly approved conditions for disability benefits. According to the Centers for Disease Control and Prevention, arthritis is a “leading cause of work disability” in the United States. According to the SSA’s 2021 report, 34% of disabled worker recipients had a qualifying condition relating to musculoskeletal system diseases and connective tissue problems, which includes various types of arthritis. About 25% of disabled workers receiving SSDI benefits in 2021 did so because of mental disorders. Various types of mental health issues, ranging from post-traumatic stress disorder to depression, qualify individuals for SSDI benefits. According to the same report, 9.9% of disabled workers received benefits because of nervous system and sense organ issues, 7.7% because of circulatory system issues, 3.9% because of intellectual disorders, and 2.5% because of endocrine, nutritional, and metabolic issues. The remaining 16.8% of disabled workers received benefits because of other qualifying conditions. If you have recently been diagnosed with one of the conditions mentioned above and can no longer work, speak with our disability lawyers. Our attorneys can help you apply for SSDI benefits so that you start receiving payments quickly. Commonly Approved Conditions Among Disabled Adult Children Social Security Disability Insurance benefits are not only for people of a certain age. Suppose you were diagnosed with a qualifying disability before age 22. In that case, you might qualify for benefits through your parent’s earning record as a disabled adult child. Learning about the most commonly approved conditions for DA Cs can help you understand whether or not you or your child might qualify for benefits. According to the SSA, the most commonly approved condition for DA Cs in 2021 was intellectual disorders, at 44.7%. About 29% of DAC receiving SSDI benefits in 2021 did so because of all other mental disorders, which includes mental illnesses. In 2021, 11.5% of DAC recipients qualified for SSDI benefits because of nervous system or sense organ disorders. About 1.2% of DA Cs were approved because of musculoskeletal system and connective tissue disorders, 0.5% because of circulatory system disorders, and 0.4% because of endocrine, nutritional, and metabolic issues. The remaining 12.6% of disabled adult children received benefits because of other qualifying conditions 2021. What Conditions Can Be Approved for Disability Benefits? Though some conditions are more common than others, many can qualify you for SSDI benefits. The Social Security Administration provides guidance for qualifying conditions, which may change depending on a recipient’s age. Various illnesses, disabilities, and injuries can make you eligible for Social Security Disability Insurance benefits. The following categories of conditions refer to eligible impairments for adults: Musculoskeletal disorders Special senses and speech impairments Respiratory disorders Cardiovascular system disorders Digestive system disorders Genitourinary disorders Hematological disorders Skin disorders Endocrine disorders Congenital disorders Neurological disorders Mental disorders Cancer Immune system disorders The same impairments, in addition to low birth weight and failure to thrive, can qualify children under 18 for SSDI benefits through a parent’s earning record. Within each category exists many specific conditions that qualify individuals for disability benefits. For example, eating disorders and bipolar disorder can make you eligible for SSDI benefits under the umbrella of mental disorders. Asthma, cystic fibrosis, and lung transplants are among the conditions that qualify individuals for SSDI benefits under respiratory disorders. If your condition prevents you from earning an income, contact our disability lawyers. Because the SSA approves applicants with various conditions for benefits, you may qualify based on yours. How Can You Get Your Condition Approved for Disability Benefits? In order to get approved for disability benefits by the Social Security Administration based on your condition, you need to provide sufficient proof. To ensure that you properly document your condition, you can hire our experienced disability lawyers to help you. The Social Security Administration requires ample records and documentation of an applicant’s illness, disability, or injury before approving an application. It is important to prove that you received a certain medical diagnosis and that it prevents you from earning an income. In order to get your condition approved for benefits by the SSA, you must receive the necessary treatment and compile proof of your diagnosis and prognosis. This can be challenging for individuals with a recent diagnosis or injury. Our lawyers can take the necessary steps to document and record your injury, illness, or disability so that you provide the SSA with all the details it needs to approve your condition for benefits when you apply. Call Our Lawyers About Disability Benefits Today If you need disability benefits but are unsure whether or not you qualify based on your condition, call our attorneys. For a free and confidential case evaluation with the Pennsylvania disability lawyers at Young, Marr, Mallis & Deane, call us at (215) 515-2954 or (609) 557-3081.

 Yahoo has a very helpful article about 11 Things You Should Know About Chapter 11 Bankruptcy. The article can be found at https://www.yahoo.com/now/11-things-know-chapter-11-161433809.htmlJim Shenwick, Esq   212 541 6224  jshenwick@gmail.com

Bankruptcy Can Now Help Millions with Student Loans! Are you nine months or more behind on your student loans?  You are not alone. Typically, ten million Americans are at least nine months behind. And another million fall into that default category each year.  In early November 2022, the Biden Administration cast you a lifeline. For […] The post New! For Millions, Bankruptcy Help with Student Loans! by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.

Bankruptcy Can Now Help Millions with Student Loans! Are you nine months or more behind on your student loans?  You are not alone. Typically, ten million Americans are at least nine months behind. And another million fall into that default category each year.  In early November 2022, the Biden Administration cast you a lifeline. For […] The post New! For Millions, Bankruptcy Help with Student Loans! by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.

At any age, you might receive a diagnosis that changes the course of your life and leaves you unable to work. When that happens, you might be able to qualify for disability benefits in Pennsylvania, if you meet the right age requirements. While you can be quite young to qualify for disability benefits in Pennsylvania, most individuals are not eligible until they have worked for at least a decade. The cut-off age for disability benefits is 67, after which point your monthly payment will stay the same amount but have a different name under the Social Security retirement benefits program. If you worked your whole life and applied for disability benefits in your late 60s, you may qualify for the maximum monthly benefit. If you’re too young to get disability benefits yourself, you might be able to receive payments through a parent’s earning record. If you need access to disability benefits in Pennsylvania, our attorneys can help. For a free case evaluation with the Pennsylvania disability lawyers at Young, Marr, Mallis & Deane, call today at (215) 515-2954. At What Ages Do Disability Benefit Start and Stop in Pennsylvania? In order to qualify for Social Security Disability Insurance (SSDI) benefits in Pennsylvania, you must have a good earning record and a qualifying condition. Essentially, you must have had a job, or several, to qualify for disability benefits. Because of that, age can play a factor into whether or not a person is eligible for disability benefits in Pennsylvania. Generally, people can only get disability payments through their own earning records when they’ve worked for about ten years, the equivalent of earning about 40 work credits. So, the youngest you can be to get SSDI benefits through your own earning record really depends on when you started working. The oldest you can get SSDI benefits is retirement age, or 67 years old for anyone born after 1960. That doesn’t mean your disability payments will stop once you reach a certain age. Instead, they will convert into different Social Security retirement payments and stay at the same amount. If you’re within the right age range to receive SSDI benefits and believe you qualify, call our Philadelphia disability lawyers to learn if you’re eligible. At What Age Can You Get the Maximum Monthly Benefit in Pennsylvania? The older you are when you apply for disability benefits in Pennsylvania, the higher your monthly payment may be. That’s because people with a longer work history and earning record are the most likely to qualify for the maximum monthly benefit in Pennsylvania. You qualify for Social Security Disability Insurance benefits by paying into the system over time. From each paycheck, your employer must take out taxes for Social Security. The more paychecks you get, the more taxes are taken out. This earning record is part of what ultimately qualifies you for SSDI benefits. There’s no need for you to do anything other than work; it’s your employer’s responsibility to account for Social Security taxes. This process is what determines your monthly benefit amount. The more you work, the higher that monthly benefit may be. In 2023, the maximum monthly benefit for SSDI recipients is $3,627. It’s important to note that getting the monthly maximum benefit amount is rare. To qualify for this benefit, you will have had to do work most of your adult life and be near retirement age, which is 67. Figuring out your monthly benefit is necessary so that you can prepare for your expenses while on SSDI. Our Springfield disability lawyers can assess your age and work history to estimate your monthly benefit. What if You Are Too Young to Get Disability Benefits in Pennsylvania? Not every disabled person unable to work has a sufficient earning record to qualify them for SSDI benefits in Pennsylvania. Remember, most people need about 40 working credits, or ten years of working experience, to receive benefits. So, what if you’re too young? If you were diagnosed with a qualifying illness, injury, or disability before you turned 22, you might be eligible for disability benefits through a parent’s earning record. Call our attorneys if you require disability benefits and are too young to qualify based on your earning record. Our Northeast Philadelphia disability lawyers can explain how you might be able to use your parent’s work history to get monthly payments. In order to use your parent’s earning record to qualify for disability benefits in Pennsylvania, your parent must be eligible themselves. That means you must either have a parent currently receiving Social Security retirement or disability benefits or a parent who is deceased but has an earning record that would qualify them for benefits. The size of your monthly benefit will depend on your parent’s earning record. So, if they worked until retirement, they may qualify for the maximum monthly benefit for SSDI payments. If you are too young and have not worked enough years to qualify for SSDI benefits yourself, and you do not have a parent with sufficient work history, call our Pennsylvania disability lawyers. You may qualify for other kinds of disability benefits that can supplement your income. Call Our Pennsylvania Lawyers About Disability Benefits Today If you need to apply for disability benefits in Pennsylvania, our attorneys can help. If you need access to disability benefits in Pennsylvania, our attorneys can help. For a free case evaluation with the Montgomery Country disability lawyers at Young, Marr, Mallis & Deane, call today at (215) 515-2954.

 ABC has a very helpful article about "Student loan forgiveness update: What borrowers need to know after federal court struck down program". The article can be found at https://abc7ny.com/will-student-loans-be-forgiven-biden-forgiveness-loan-update/12451011/Jim Shenwick, Esq   917 363 3391  jshenwick@gmail.com

If you recently received a medical diagnosis that prevents you from earning an income, call our lawyers. Our attorneys can help you get disability benefits in New Jersey as soon as possible. In order to get disability benefits in New Jersey, you must apply. The application process might take several weeks, though our attorneys can help speed up the process. After you submit an application, it may be a few months before you get a decision. If approved, it will likely be several more months until you start getting payments in New Jersey. If your initial claim is not approved, our lawyers can help you file an appeal. When recipients abide by the Social Security Administration’s rules, they can receive disability benefits for the rest of their lives. We’re dedicated to helping New Jersey residents claim the disability benefits they’re entitled to. For a free and confidential case evaluation with the New Jersey disability lawyers at Young, Marr, Mallis & Deane, call today at (609) 557-3081. How Long Does it Take to File for Disability Benefits in New Jersey? Before you can get disability benefits in New Jersey, you have to apply. The application process alone can be lengthy and confusing for applicants in need of benefits. To speed things up, applicants can turn to our experienced Mt. Holly disability lawyers for help. Because disability applications require detailed information and certain records, filing for benefits might take weeks for New Jersey applicants without legal guidance. To apply, applicants must gather crucial information regarding their disability and income. The Social Security Administration (SSA) might also require additional information, especially if your application is incomplete. Applying for Social Security Disability Insurance benefits should be a quick and easy process. When applicants tackle the task independently, they may have difficulty compiling the necessary information and documentation the SSA requires. Our attorneys are familiar with the application process. They can use their experience to gather the proper records and help you complete your application for disability benefits in New Jersey. How Long Does it Take to Get Approved for Disability Benefits in New Jersey? Once you have officially applied for disability benefits in New Jersey, the real waiting begins. The Social Security Administration may take several months to make a decision regarding your claim. In the event they get an unfavorable decision, SSDI applicants may have to file an appeal in New Jersey. Generally, it takes about three to five months for the SSA to either approve or deny an application for SSDI benefits. Issues with your application might delay the process even longer. The SSA might require an additional interview with an applicant to address any missing information. Our Mercer County disability lawyers can help you file a thorough application initially, so the SSA can’t cite issues with your application as a reason for a delay. Unfortunately, when applicants don’t enlist help from experienced attorneys, the chances that their claims are rejected may increase. If your SSDI application has been denied, call our lawyers. Our team can help you file an appeal. The appeals process for disability benefits in New Jersey might take several months, possibly even years. Clearly, this isn’t ideal for SSDI applicants and their families. To avoid the appeals process entirely, allow our attorneys to help you apply for SSDI benefits. How Long Until I Start Getting Disability Benefits in New Jersey? Once your application for Social Security Disability Insurance benefits is approved in New Jersey, it may be some time before you start receiving monthly payments. While some conditions qualify applicants for immediate benefits, most don’t. In most cases, applicants enter into five-month waiting period after they’ve been approved for disability benefits in New Jersey. This waiting period exists so that the SSA can ensure you remain eligible for benefits after your application is approved. Because of the way that disability benefit payments are structured, applicants generally end up waiting at least six months in total before they receive their first check. Disability benefits come monthly. Each check you receive will be for the previous month, hence why the SSA’s five-month waiting period often ends up being slightly longer than applicants anticipate. Certain conditions, like amyotrophic lateral sclerosis, or ALS, qualify applicants for immediate benefit payments in New Jersey. If you are unsure how long it will be before you start getting disability benefits according to your condition, ask our Hamilton, NJ disability lawyers for clarification. For How Long Can I Receive New Jersey Disability Benefits? Social Security Disability Insurance benefits are designed to support those with disabilities, conditions, or illnesses who can no longer work. As long as you continue to meet the necessary criteria, you can receive SSDI benefits for the rest of your life in New Jersey. Social Security Disability Insurance benefits exist to help those with permanent or long-lasting injuries who can’t support themselves financially after working for a considerable portion of their lives. Your ability to work and your medical condition, they things that initially qualify you for disability benefits, might make you ineligible for SSDI benefits in the future. In New Jersey, disability benefit recipients are only allowed to earn a certain amount in additional income on a monthly basis. Earning above certain amounts specified by the SSA can result in a revocation of your benefits. The same thing can happen if your condition improves, allowing you to engage in substantial gainful activity. Essentially, this means your disability no longer prevents you from earning a sufficient income, making you ineligible for SSDI benefits in New Jersey. To better understand the income thresholds you’re subject to, contact our East Brunswick disability lawyers. Our attorneys can explain how long you’ll likely receive SSDI benefits in New Jersey and what to do if your circumstances change. Call Our New Jersey Lawyers About Disability Benefits Today If you need to start getting disability benefits in New Jersey, our attorneys can help. For a free case evaluation with the Trenton disability lawyers at Young, Marr, Mallis & Deane, call today at (609) 557-3081.