Eisner Amper has posted an article on Asset Protection Planning. The article can be found at https://www.eisneramper.com/seven-ways-protect-assets-from-litigation-creditors-0822/At Shenwick & Associates, we have helped many clients with these strategies. Jim Shenwick, Esq. jshenwick@gmail.com 212 541 6224

  Congratulations James Shenwick on your 2022 AV Preeminent Attorney Reminding you that your 2022 AV Preeminent Attorney is quite an accomplishment. The American Registry has helped individuals and businesses promote their excellence by creating the absolute best displays of your awards. Your awards set you apart from all the competition. They validate. They build confidence and trust. They grow your business! Put them on display now and show your customers just how good you are.

 Business Insider has an article about student loan relief. The article is titled: 7.5 million student-loan borrowers are getting a fresh shot at debt relief. Here's how to know if you qualify.  The article can be found at https://lnkd.in/eEsuDwqvJim Shenwick, Esq jshenwick@gmail.com 212 541 6224

Based on a story in the Business Insider, referencing a Washington Post article, 7.5 million student-loan borrowers in default will have 1 year after the payment pause expires to enroll in a program that returns them to good standing. The Business Insider story can be found at: https://www.businessinsider.com/student-loan-borrowers-default-fresh-start-payment-pause-biden-education-2022-8Jim Shenwick, Esq jshenwick@gmail.com 212 541 6224

Social Security Disability Insurance, or SSDI, is a federal program meant to provide resources for those who struggle with medical conditions that impact their ability to earn income. These benefits apply even to those who can work in some capacity. However, the amount that these individuals earn plays a big role in determining their eligibility for the program. The determining threshold shifts every year, and the way that it is assessed is complicated, so legal representation is critical in securing your access to benefits. Call (215) 515-2954 to get immediate help from the dedicated Pennsylvania disability attorneys at Young, Marr, Mallis & Deane by way of a free initial case evaluation. What is SSDI? SSDI is a source of relief for those who struggle to earn income as a result of a medical condition. SSDI benefits are federally funded and administered by the U.S. Social Security Administration (SSA). Social Security pays disability benefits to you and certain members of your family if you have worked long enough and have a medical condition that prevents you from working for at least 12 months or is expected to end in death. SSDI is an earned benefit, meaning that in order to qualify, you must have previously paid into the program and have accumulated enough credits to be eligible. Credits are dependent on work history. As SSDI is a type of disability insurance, eligibility is also based on the SSA’s medical criteria and determined through an application process. The amount of SSDI benefits that an applicant can receive is based on lifetime average earnings in employment. Applicants must have worked for a certain amount of time and also must be U.S. citizens or otherwise have lawful alien status. Can Earning Income Prevent You from Getting SSDI in Pennsylvania? If you work while receiving disability benefits, you are required to tell the Social Security Administration (SSA), regardless of how much income you earn. This is because the first step that the SSA takes in evaluating an applicant’s suitability for SSDI is the amount of income they are currently earning. If you are unable to earn an income as a result of your injuries, you do not need to worry about this step. The key figure that the SSA uses when determining if an applicant earns enough to disqualify them from the SSDI program is called Substantial Gainful Activity (SGA). Employment that provides income above a certain threshold will be considered SGA, which would rule out the opportunity to receive SSDI benefits. The SGA limit is adjusted annually to reflect changes in national average wages. In 2022, the SGA rose from $1,310 to $1,350 per month for most disabilities. For applicants who are blind or have a vision-impairing disability, the SGA is $2,260 in 2022 (up from $2,190 in 2021). If you make more than the applicable SGA to your situation, your application for SSDI benefits will be denied. If you already are receiving benefits, you’ll lose them in most circumstances if your income rises above the cap. Despite these SGA rules, trial work period rules listed below might create lower income limits that you have to follow. Exceptions to the SGA Bar from SSDI Benefits in Pennsylvania Disabled SSDI beneficiaries may reduce their income for SGA purposes by deducting some expenses for products and services that enable them to work, such paratransit, assistive technology, medication or a service animal. Remember that SGA is supposed to be based on how much you earn, not how much you are paid. If you are forced to incur certain expenses that are related to your disability in order to earn your income, then these costs are rightfully factored into the SSA’s analysis. If deductible expenses bring your monthly wages under the SGA mark, you may be able to continue receiving SSDI benefits. What is a Trial Work Period for SSDI Benefits in Pennsylvania? All applicants are permitted unlimited earnings during a trial work period. The trial period lasts up to nine months, during which time you can still receive full SSDI benefits. These nine months do not have to happen consecutively and can be spread out over a total period of five years. However, once a cumulative total of nine working months has passed, the SSA will reassess your status to determine whether you are still entitled to receive disability benefits. Like with the SGA calculus, the SSA reviewers use a sliding figure to determine eligibility for SSDI benefits at the conclusion of the trial work period. It is likely that, if an applicant earns more than the SGA mark, the SSA will determine that they are no longer eligible for SSDI benefits. Generally, a trial work period is triggered in any month where you make at least $970 (as of 2022). Talk to a Lehigh County, PA disability attorney if you are planning to make at least this much money while working. How Does the Government Decide Who Qualifies for SSDI in Pennsylvania? In general, in order to qualify for SSDI, you must meet the following criteria: You are unable to work and engage in SGA due to your medical situation. You are not able to conduct the type of work you did before, or you are not able to do any other type of work as a result of your disability. Your condition has had or is expected to have a duration of at least 12 months, or to result in death. You should bear in mind that there are special considerations and slightly different eligibility criteria for people who are blind, widows or widowers of workers, children with disabilities, and veterans. With these criteria, the state agency makes its decision using the following five lines of questioning, moving through them in consecutive order. Are You Currently Working and Earning Income? This first step is the stage where the SSA evaluates whether you are earning an SGA. If you are not working, or if you are working and earning an average monthly income of less than the SGA mark, the SSA will proceed to the next step in their analysis. How Severe Is Your Condition? Under the SSA’s definition, to have a disability, your ability to do basic work activities must be significantly limited for at least 12 months. These include walking, sitting, standing, lifting, and memory abilities. If your condition does not substantially impair these basic abilities, you won’t be considered to have a disability. If your condition is considered severe under these criteria, the agency moves to the next step in the evaluation. Does Your Condition Meet or Medically Equal a Listing? The SSA uses a listing of medical conditions that has been created in consultation with medical experts. These conditions are considered severe enough to prevent someone from being able to carry out work activities. The state uses this list to determine if you have a disability by confirming if your condition meets or is equal in severity and duration to a listing and its criteria. If this is not the case, the state continues on to step four of the evaluation. Can You Do the Work You Did Before? This stage of the evaluation determines whether you are able to continue on with any of your past work, given your medical situation. If your medical situation does not prevent this, the state will determine that you do not have a disability that qualifies for SSDI. If your medical situation does interfere with the ability to carry out past work activities, the evaluation moves to step five. Can You Do Any Other Type of Work? At the final stage of the evaluation, the state considers whether you are able to carry out other types of work, based on age, education, past work experience, and skills. If they find you are able to do other work, you will not qualify for SSDI. To determine this, the SSA may require that you submit to periodic medical evaluations from a physician of their choosing. If they find that you are not able to do other work, you will be considered to have a qualifying disability. What Can You Do if the Government Takes You Off SSDI Benefits for Making Too Much Money? If the SSA rejects your application for SSDI or terminates your existing disability status, you have the ability to appeal the decision. There are four levels of appeal where you can dispute a decision about any aspect of your SSDI review, including whether you meet the threshold for SGA that bars your access to benefits. These four levels of appeal are reconsideration, administrative hearing, Appeals Council review, and a civil action in federal court. Reconsideration When you request reconsideration of an SSA decision, you will receive a complete review of your claim by a government agent who was not a part of the decision that you initially received. The reconsideration will consider all of the information that you submitted for your first application, plus any other new information that the government acquires. Additionally, you are also free to submit new evidence, like letters from physicians, that you think could clear up misunderstandings that may have led to the original adverse decision. Administrative Hearing Your hearing will occur in front of an administrative law judge who was not a part of either of the first two stages of decisions. Once you notify your local SSA office of your wish to appeal, the office will set a hearing date and provide you information about the process. You may be asked to submit to a new medical examination as part of the hearing process. Appeals Council If the administrative hearing does not get you the result that you want, your next step is bringing your case directly to the SSA’s Appeals Council. The Appeals Council will first choose whether to grant or deny your request for review. If they grant the review, they may issue a new decision or return your case to a new administrative judge to resolve the issues. If the Appeals Council denies your review, however, you still have one option left to pursue your access to SSDI benefits. Federal Court If you disagree with the Appeals Council’s decision on your case, or if the Appeals Council denies your request for review, you and your Springfield disability attorney can file a civil action in federal district court. What Happens to Your Payments While You Appeal an SSA Decision? If you properly appeal a decision on your disability payments within a certain allotted time frame, you can get continued access to your benefits while the appeal is pending. This is different depending on the reason for the appeal. For instance, if you are appealing the government’s decision to take you off of SSDI benefits because you are earning income above the SGA mark, and you file an appeal of the decision within 60 days of the date that you receive notice of the decision, you will continue to receive payments at the same rate for the duration of the appeal. However, if your appeal is not successful, you may be responsible for paying back any money that you would not have received if you did not appeal. You may also lose access to any medical assistance that you were receiving through your SSDI benefits during the appeal period. How Can a Pennsylvania Disability Lawyer Help You Get or Keep SSDI Benefits? Though programs like Social Security and SSDI are created for your benefit, they are hardly user-friendly. The program is riddled with fine print and specific language that can be difficult to navigate, particularly if you are already dealing with a medical condition that causes you difficulty. That is why it can be helpful to use the services of a seasoned Quakertown disability attorney in helping you to apply for disability benefits. Applications with mistakes can cause delays in the review process that some applicants simply cannot afford. To get the benefits that you need to support you through your condition, you will want to give yourself the best possible chance of success on the first try. Your lawyer can also help you if your application is rejected or if your existing SSDI benefits are terminated for any reason. You are permitted to have legal representation not just on appeals to federal courts, but all the way through the review process, starting with reconsideration. Contact Young, Marr, Mallis & Deane for Help Assessing Your Disability Benefits Status in PA If you are struggling with your medical condition and need help dealing with Social Security, contact our seasoned Philadelphia disability lawyers at (215) 515-2954 to get a free initial case evaluation.

 The Journal of Accountancy has reported that President Biden signed two Bills, extending the statute of limitation for prosecuting PPP & EIDL fraud to 10 years from the date when the offense was committed.The bills are:H.R. 7352, the "PPP and Bank Fraud Enforcement Harmonization Act of 2022," and H.R. 7334, the "COVID-19 EIDL Fraud Statute of Limitations Act of 2022"A detailed article on these bills can be found at https://www.journalofaccountancy.com/news/2022/aug/bills-extend-statute-limitation-prosecuting-ppp-eidl-fraud.htmlJim Shenwick, Esq. jshenwick@gmail.com 212 541 6224

The New York Times has an article in today's paper titled "Prosecutors Struggle to Catch Up to a Tidal Wave of Pandemic Fraud"  The article can be found at https://www.nytimes.com/2022/08/16/business/economy/covid-pandemic-fraud.htmlAt Shenwick & Associates we are getting telephone calls and emails from clients who have defaulted on their EIDL loans. Jim Shenwick, Esq.  212 541 6224  jshenwick@gmail.com

 CNBC has a very helpful article about personal bankruptcy. The article titled:"If you’re facing bankruptcy, here’s what experts say to do before, during and after you file" can be found at https://www.cnbc.com/2022/08/14/what-experts-say-to-do-before-during-and-after-filing-for-bankruptcy.htmlJim Shenwick, Esq. 212 541 6224 jshenwick@gmail.com

As lawyers, words are our stock in trade. If we want to describe, explain, or persuade, we need to use the right word. The difference between the almost right word and the right word is really a large matter – ’tis the difference between the lightning-bug and the lightning.  MARK TWAIN I was blown away […] The post When Laws Collide, You Need The Right Word appeared first on Bankruptcy Mastery.

If you’re a disabled Pennsylvania resident, you may already be receiving Social Security Disability (SSDI) benefits. If you have children, they may also be eligible for benefits, provided they meet the necessary criteria. Children of disabled parents may be eligible for SSDI payments in Pennsylvania. Nondisabled children must be below the age of 18 and either the biological or adoptive child of a SSDI recipient to get receive family benefits. There are some exceptions to these rules, so ask an attorney whether you qualify. Disabled children in Pennsylvania may also be eligible for SSDI benefits through a parent’s work history. ,If you and your child are both disabled, you can apply for Social Security Disability benefits on their behalf in Pennsylvania. This can be a complicated process, so it benefits Pennsylvania parents to seek help from an experienced lawyer. Our attorneys are here to help families throughout Pennsylvania learn about the disability benefits available to them. For a free case evaluation with the Pennsylvania disability lawyers at Young, Marr, Mallis & Deane, call today at (215) 515-2954. Can Children Get SSDI Benefits Through Disabled Parents in Pennsylvania? If you receive SSDI benefits in Pennsylvania, your children may also be eligible for additional payments. Generally, this extension of benefits is only possible for SSDI payment recipients and their children who meet the necessary eligibility requirements. For a child to receive Social Security Disability payments through a parent, they must meet the necessary criteria. The first requirement is that a child has a Social Security number and a birth certificate. Children must also have a disabled or retired parent eligible to receive Social Security benefits payments in Pennsylvania or a deceased parent with a sufficient work history. It’s important to note that only biological children, adoptive children, and dependent stepchildren are eligible for SSDI benefits through a parent in Pennsylvania. Age also matters. To be eligible for SSDI payments in Pennsylvania, children must be under 18 and unmarried. There is an exception for high school students, who may be able to receive benefits until the age of 19 in Pennsylvania. If your child is also disabled, their benefits may continue past the age of 18. Children in Pennsylvania can receive up to half of a disabled parent’s full Social Security Disability benefits. The child of a deceased parent can receive up to 75% of their basic Social Security benefit on top of what the parent already receives for themselves. That said, the larger a family is, the more complicated divvying up benefits can be. Family benefits are not exclusive to an SSDI recipient’s children. Spouses in Pennsylvania may also be eligible for SSDI payments if they have a disabled spouse. Grandchildren may also be eligible for benefits through a grandparent if they have been legally adopted. To better understand the benefits you’re entitled to, ask a Philadelphia disability lawyer for clarification. Can Disabled Children  Get SSDI Benefits Through Disabled Parents in Pennsylvania? If you and your child and both disabled, you may wonder how they can also access SSDI benefits in Pennsylvania.  If you’re eligible for Social Security benefits yourself and your disabled child meets the necessary criteria, your child can receive SSDI payments in Pennsylvania. Of the eligibility requirements for SSDI benefits, two stand out: work history and disability. If your minor child is already disabled or your child is disabled as young adult, it is unlikely that they have a work history to qualify them for SSDI payments. In Pennsylvania, a parent’s work history can be sufficient. If your child sustained a disability before age 22, they can be eligible for SSDI benefits through your earning record. Minor children can receive benefits past the age of 18, provided their disability remains. Those diagnosed with a disability between the ages of 18 and 22 may have to meet additional eligibility requirements to qualify for SSDI benefits through a parent’s earning record, which is why consulting a Pennsylvania disability lawyer is wise. For a disabled adult child (DAC) to be eligible for SSDI benefits without an earning record in Pennsylvania, they must have a parent that is currently receiving Social Security retirement or disability benefits, or have a deceased parent with an earning record that qualified them for Social Security benefits. DA Cs must also meet the Social Security Administration’s disability standards for adults, while minor recipients must meet the disability standards for children. How Can Parents Apply for SSDI Benefits for Children in Pennsylvania? The application process for child SSDI benefits in Pennsylvania can be overwhelming. Parents must be able to provide sufficient information and answer any and all questions a Social Security Administration official may have. The process can be more complex if your child requires benefits because of their own condition. For parents, turning to an experienced Pennsylvania disability lawyer is the best way to simplify the application process. Apart from scheduling an appointment at a local Social Security office, Pennsylvania parents may be unsure how to apply for benefits for their children. The first thing your Bensalem disability lawyer will help you do is to compile documents that prove your child’s relationship to you and their citizenship status. If your child is disabled and requires SSDI benefits, your attorney can help you complete a Child Disability Report and an SSDI benefits application. Next, your attorney can prepare you for an interview. Interviews for family benefits can be overwhelming. A Social Security Administration representative may ask questions about your relationship with your child and other personal questions. The process can be even more complicated if a disabled adult child is attempting to access benefits through a deceased parent’s earning record. If your child is disabled, or your disability has prevented you from being able to financially support your family, ask your attorney how SSDI benefits can help. The application process differs depending on your situation, so reach out to a lawyer so that you’re prepared. Our Attorneys Can Help You Apply for SSDI Benefits in Pennsylvania Today If you want to apply for SSDI benefits for your child, our attorneys can help. For a free case evaluation with the Bucks County disability lawyers at Young, Marr, Mallis & Deane, call today at (215) 515-2954.