ABI Blog Exchange

The ABI Blog Exchange surfaces the best writing from member practitioners who regularly cover consumer bankruptcy practice — chapters 7 and 13, discharge litigation, mortgage servicing, exemptions, and the full range of issues affecting individual debtors and their creditors. Posts are drawn from consumer-focused member blogs and updated as new content is published.

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Get Refunded For Student Loan Payments Made During The Pandemic

 1,107 followenowForbes has an article about "Get Refunded For Student Loan Payments Made During The Pandemic" the article can be found at https://www.forbes.com/advisor/student-loans/student-loan-payment-refunds/Jim Shenwick, Esq.  jshenwick@gmail.com   212  541 6224

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What is the New Jersey State Disability Maximum Weekly Benefit?

If you’re planning on applying for disability benefits in New Jersey, you should know a few things. For example, knowing when you’ll receive benefits, and the amounts of those benefits is of the utmost importance. In New Jersey, you can’t get your Social Security Disability (SSDI) benefits on a weekly basis. Instead, you’ll receive monthly payments that reflect your work history. In 2022, the maximum monthly SSDI benefit is $3,345 (or $771.92 when divided across all 52 weeks in a year). However, that amount is not guaranteed for all New Jersey residents. Even if you qualify for the maximum monthly payment, some things can threaten your access to benefits. For example, earning too much additional income can halt your monthly SSDI payments. To protect your access to benefits and understand your payments, turn to an experienced disability lawyer. Our attorneys are here to help New Jersey residents access the disability benefits they deserve. For a free case evaluation with the New Jersey disability lawyers at Young, Marr, Mallis & Deane, call today at (609) 755-3115. Can You Get Disability Benefits Weekly in New Jersey? If you qualify for SSDI payments in New Jersey, you can start receiving benefits to compensate you for lost wages due to injury or illness. Because you will likely depend on these payments to replace your lost income, it’s important to learn how often you can expect to receive them. You should first know that you won’t receive weekly SSDI payments in New Jersey. Instead, you’ll receive your benefits on a monthly basis. Furthermore, each month’s benefit will be received the following month. For example, you’ll receive your January benefit in February, and so on. Because you will not receive weekly SSDI benefits in New Jersey, it’s important to budget your expenses in accordance with your monthly payments. This can confuse New Jersey residents who may be used to bi-weekly paychecks, not monthly ones. If you are concerned about receiving monthly benefits instead of weekly payments, speak to your Mount Holly disability lawyer. Your attorney can help you better understand how you will receive payments and when. The day of the month you receive your SSDI payments will depend on your birthday. Those born between the 1st and the 10th will get payments on the second Wednesday of the month. New Jersey residents born between the 11th and the 12th will receive payments on the third Wednesday of the month. And those born between the 21st and 31st will receive their checks on the fourth Wednesday of the month. Remember, weekly SSDI benefits aren’t available in New Jersey. What is the Maximum Benefit for Disability Recipients in New Jersey? In addition to knowing when you’ll receive your disability benefits, it’s important to understand how much you can get. Each year, the Social Security Administration adjusts its limits for monthly SSDI payments to account for inflation and other factors. As of 2022, the monthly maximum has once again increased. In 2022, the monthly benefit maximum for SSDI payments is $3,345. To find the weekly average, we can multiply that monthly amount by 12 for each month, then divide by 52 weeks in the year for a total of around $771.92 per month.  Some months have more than 4 weeks, so dividing by 4 does not give us an accurate calculation of how this converts to weekly pay. That doesn’t mean you will receive that much, however. In New Jersey, residents become eligible for SSDI benefits when they pay into the system over time. Essentially, when you work over the years, your employer will take taxes for Social Security out of your paycheck. The more extensive your work history, or the more taxes taken out of your paychecks over the years, the larger your monthly benefit may be. To better understand your likely monthly disability benefit, speak to a Trenton disability lawyer. While the maximum monthly benefit may seem appealing, it is by no means guaranteed for all New Jersey residents. Your lawyer can help you understand your monthly benefit based on your work history in New Jersey. What Can Threaten My Maximum Disability Benefit in New Jersey? Once you start receiving SSDI payments in New Jersey, whether you’re getting the maximum benefit or not, that amount is subject to change. In New Jersey, you can receive SSDI benefits so long as you are eligible. If changes threaten your eligibility, you may lose access to benefits. This applies to all SSDI recipients in New Jersey, whether they receive the maximum monthly payments or not. Knowing what can affect your payments is crucial, especially if you depend on SSDI benefits to support you and your family. Improved Condition If your disability is removed while receiving SSDI payments, your benefits will stop. As a rule, you should inform your New Jersey disability lawyer of any changes to your medical condition. While it’s possible that those changes can threaten your access to benefits, you must report such changes to the Social Security Administration. Substantial Gainful Activity Substantial gainful activity (SGA) is often impacts access to SSDI benefits for New Jersey recipients. Social Security Disability benefit recipients are prohibited from earning a certain amount of additional income. If you choose to have a part-time job while receiving monthly SSDI payments, you may lose access to benefits if you earn over $1,350 a month or $2,260 a month if you’re blind. With SSDI benefits, it’s all or nothing. So long as your condition remains and prevents you from engaging in SGA, you can receive your maximum SSDI benefit. If anything changes, your monthly payments won’t just reduce, but they will stop entirely. Trial Work Periods Trial work periods (TWP) can also impact New Jersey residents receiving SSDI payments. If you get monthly SSDI benefits and earned over $970 in the past month, speak to a New Jersey disability lawyer. You may have unknowingly entered into a TWP and have put your access to benefits at risk. Call Our New Jersey Lawyers to Learn About Your Disability Benefits Today If you think you may be eligible for the maximum disability benefit in New Jersey, ask our attorneys for clarification. For a free case evaluation with the Piscataway disability lawyers at Young, Marr, Mallis & Deane, call today at (609) 755-3115.

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What is the Pennsylvania State Disability Maximum Benefit Amount?

As a disability benefit recipient in Pennsylvania, it’s important to learn what you’re entitled to. Depending on your work history, you may be eligible for the maximum disability benefit amount in Pennsylvania. The maximum Social Security Disability (SSDI) benefit amount in Pennsylvania is $3,345 a month. That said, there is no guarantee you will receive that amount even if you qualify for SSDI. Your work history exclusively decides whether or not you are eligible for the maximum disability benefit in Pennsylvania. Medical condition and disability only matter when determining eligibility for SSDI benefits, not the amount of your payments. Once you start receiving the maximum SSDI benefit in Pennsylvania, you can continue getting payments for the rest of your life, provided you follow the Social Security Administration’s requirements. Our attorneys are here to help Pennsylvania residents 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. What is the Maximum Disability Benefit Amount in Pennsylvania? As an SSDI benefit recipient, it’s important to understand what your payments may look like. In Pennsylvania, residents can only receive up to a certain amount in monthly payments. The Social Security Administration adjusts the maximum monthly payments each year to account for inflation and other factors. In 2022, the maximum SSDI benefit amount in Pennsylvania is $3,345 per month. If you have received SSDI payments for some time, your payments may increase yearly as the Social Security Administration adjusts benefits for inflation. While there is a maximum benefit for SSDI payments in Pennsylvania, there is no minimum. How much you will receive will depend exclusively on your work history and whether or not you are eligible for SSDI benefits because of your condition or disability. If you want to get a better understanding of what your disability payments may look like, speak to a Philadelphia disability lawyer. Your attorney can assess your work history and other factors to better estimate your potential monthly benefit. Does Work History Impact Eligibility for the Maximum Disability Benefit Amount in Pennsylvania? Not everyone qualifies for the maximum disability benefit amount in Pennsylvania. Your eligibility will depend largely on your work history. To receive the maximum monthly disability benefit amount in Pennsylvania, you must have worked for many years. To qualify for the maximum disability benefit in Pennsylvania, you must have an extensive work history. Generally, this means that you worked for several decades. Paying into the system for that long earns you work credits, which translates into eligibility for Social Security benefits, like SSDI. When you earn a paycheck, your employer must take taxes out for Social Security. The more paychecks you receive over the years, the more taxes are taken out. This means you have paid into the system over time, potentially making you eligible for the maximum disability benefit amount of $3,345 per month. Generally, you need 40 work credits or to have worked ten years to meet half of the eligibility requirements to receive SSDI benefits of any amount. If you do not have a sufficient work history and have a condition that prevents you from working, speak to a Quakertown disability lawyer. Depending on the circumstances of your case, you may still qualify for SSDI benefits through a parent’s earning record. Does Condition Impact Eligibility for the Maximum Disability Benefit Amount in Pennsylvania? The other piece of the puzzle regarding eligibility for the maximum SSDI benefit amount in Pennsylvania is disability. While you must have a qualifying disability to become eligible to receive SSDI benefits of any amount, the severity of your condition will not impact your payments. Disability certainly matters when determining eligibility for SSDI benefits. However, it doesn’t matter as much as you may think. While Pennsylvanians must have a qualifying disability, injury, or medical condition to be eligible for SSDI benefits, the condition itself will not dictate payments. Regarding SSDI benefits, all qualifying conditions are equal. The purpose of SSDI benefits is to replace income for those unable to work because of their disability, so long as it meets certain criteria. You will not receive greater payments than your neighbor because your condition is more debilitating. The severity of your disability only matters when determining your eligibility for SSDI benefits in the first place. It will not impact your payment amounts unless your condition has improved. Can You Stop Getting the Maximum Disability Benefit Amount in Pennsylvania? Once approved for maximum disability payments in Pennsylvania, you can receive them for the rest of your life, provided you follow the Social Security Administration’s requirements. While your maximum payments won’t be reduced unprompted, they can stop altogether if you fail to adhere to the rules. If you’re eligible for maximum disability payments in Pennsylvania, that’s likely because you’ve spent decades paying into the system and earning your benefits. Generally, recipients can receive benefits for the rest of their lives unless they fail to follow the Social Security Administration’s guidelines. That is why it pays to have an experienced Springdale, PA disability lawyer in your corner. In Pennsylvania, SSDI recipients can only earn $1,350 in additional income each month, or $2,260 if they are blind. Earning above this substantial gainful activity (SGA) threshold can cause you to lose access to your maximum monthly benefit altogether. Trial work periods (TWP) can also cause difficulties for SSDI recipients in Pennsylvania. Any month you earn upwards of $970 can trigger a TWP, threatening your access to benefits. Finally, if your condition improves and you can earn a sufficient income, you will stop receiving your SSDI payments entirely. Your attorney can prepare you for certain caveats, like SGA limits and trial work periods, so that you can maintain access to maximum disability payments in Pennsylvania. Call Our Lawyers to Learn More About Disability Benefits in Pennsylvania If you need access to disability benefits in Pennsylvania, our attorneys can help. For a free case evaluation with the Northeast Philadelphia disability lawyers at Young, Marr, Mallis & Deane, call today at (215) 515-2954.

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Biden’s Student Loan Plan Could Face a Protracted Legal Fight

 The New York Times has an article about the pending legal battle about Biden's Student Loan Cancellation program. The article is titled Biden’s Student Loan Plan Could Face a Protracted Legal Fight. The article can be found at https://www.nytimes.com/2022/09/01/us/politics/biden-student-loan-plan-lawsuits.htmlJim Shenwick,Esq. 212 541 6624 jshenwick@gmail.com

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Book Review: Negotiation Mythbusters (Part 2)

Sylvia Mayer of https://smayerlaw.com/ joins Mac Pierre-Louis and Natalia Olowska-Czajka of https://olowskapierre.com/ to discuss Dan Oblinger and Allan Tsang’s Negotiation Mythbusters, which explores whether knowledge is really power and empathy is really necessary in negotiation and mediation. https://youtu.be/zI9kj45wcJg The post Book Review: Negotiation Mythbusters (Part 2) appeared first on Sylvia Mayer Law.

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Book Review: Negotiation Mythbusters (Part 1)

Sylvia Mayer of https://smayerlaw.com/ joins Mac Pierre-Louis and Natalia Olowska-Czajka of https://olowskapierre.com/ to discuss Dan Oblinger and Allan Tsang’s Negotiation Mythbusters, which challenges and redefines the concepts of trust and win-win in mediation. https://youtu.be/R9WTS-Wz1BY The post Book Review: Negotiation Mythbusters (Part 1) appeared first on Sylvia Mayer Law.

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Book Review: Robert Cialdini’s PreSuasion: A Revolutionary Way to Influence and Persuade (Part 2)

Sylvia Mayer of https://smayerlaw.com/ joins Mac Pierre-Louis and Natalia Olowska-Czajka of https://olowskapierre.com/ to discuss Robert Cialdini’s Pre-Suasion: A Revolutionary Way to Influence and Persuade. Sylvia is an avid reader and shares her takeaways from reading Pre-Suasion and how they apply to mediation and conflict resolution.   At its core, relying on real-life situations and scientific studies, Pre-Suasion explores a myriad of ways to enhance receptivity before making any meaningful “asks.”  Receptivity refers to being open to accepting new information, ideas, and suggestions.  In mediation, parties typically reach an agreement only after each has become receptive.  Timing, trust building, and reciprocity are among the tools available to build receptivity. https://youtu.be/vZR2wiuKR1M The post Book Review: Robert Cialdini’s PreSuasion: A Revolutionary Way to Influence and Persuade (Part 2) appeared first on Sylvia Mayer Law.

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What is the Pennsylvania State Disability Maximum Weekly Benefit?

If you have been diagnosed with a disability or medical condition that prevents you from working, you may be eligible for disability benefits. To better prepare your family for this change in income, you should learn what the maximum benefit is and when you’ll receive it in Pennsylvania. The maximum Social Security Disability (SSDI) benefit in Pennsylvania is $3,345 each month, which averages to around $771.92 for each of the 52 weeks in a year. However, there is no option for weekly disability benefits in Pennsylvania. Whether or not you will be eligible for the maximum benefit amount depends on your work history and whether or not you qualify for SSDI benefits at all. The day of the month you receive your SSDI benefit will depend on your birthday. While you cannot change your payment schedule to weekly instead of monthly, you can make alterations in your life to accommodate this change in income. Our attorneys are here to help Pennsylvanians better understand 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. What is the Maximum Weekly Disability Benefit in Pennsylvania? If you’ve recently been approved for SSDI benefits in Pennsylvania and want to prepare your new budget, you should learn more about the payments you’ll receive. To better prepare, you first need to learn the amount of your benefit and how frequently you can expect payments. According to the Social Security Administration, the maximum SSDI benefit amount for Pennsylvania recipients in 2022 is $3,345. Accounting for different months having a different number of weeks, that averages to about $771.92 each week. That amount isn’t given every week, though. Instead, SSDI payments are sent out via check or direct deposit monthly. To plan out your finances and weekly budget, you can simply divide your monthly benefit by the weeks in a month. Ultimately, you will receive the entire monthly benefit at one time. Going from getting bi-monthly paychecks to receiving SSDI payments monthly can be jarring for Pennsylvania residents. Your Philadelphia disability lawyer can help you prepare for this change and help you plan for monthly payments. Will I Get the Maximum Disability Benefit in Pennsylvania? Whether or not you can receive the maximum disability benefit in Pennsylvania will depend on your work history and whether or not you have a qualifying medical condition to get SSDI benefits in the first place. If you’re unsure whether or not you will get the maximum SSDI payments, ask your Pennsylvania disability lawyer for clarification. In order to get the maximum disability benefit in Pennsylvania, you must first have a solid work history. As you work over the years, your employers must take Social Security taxes out of your paychecks. Over time, you can earn more work credits, making you eligible for greater SSDI payments, should you require them in the future. If you have worked most of your life or have a parent with a sufficient work history, you may qualify for the maximum disability benefit of $3,345. Remember that the maximum benefit, like all other payments, is only sent out monthly, not weekly. While disability severity does matter when discussing eligibility for SSDI payments, it will not impact your eligibility for the maximum disability benefit amount. The fact that the Social Security Administration has determined you are eligible for SSDI benefits is all that matters. Disability does not impact whether or not you will receive the maximum benefit amount in Pennsylvania. Your eligibility for the maximum disability benefit amount is not permanent. If you earn over a certain amount each month or your disability is removed, you will no longer qualify for any SSDI payments in Pennsylvania. To avoid losing the income you rely upon, reach out to an Upper Darby disability lawyer to learn more about what can threaten your access to benefits. When Will I Get My Disability Benefits in Pennsylvania? Learning that you will receive your disability benefits monthly and not weekly can be a bit discouraging. This change can cause you to reexamine your financial situation and require a new analysis of your expenses. Understanding exactly when you can expect to receive your SSDI payments in Pennsylvania, and learning whether or not you can change that date, can help you prepare. Social Security Disability benefit recipients in Pennsylvania can plan to get their payments via check or direct deposit each month. In addition, Pennsylvania residents can expect to wait a while before they see a payment for the current month. For example, if you’re approved to get the maximum disability benefit amount in January, you won’t receive it until February. Each month’s payment follows in the same fashion. The exact day you will get your monthly benefit will depend on the day you were born. The following is the payment schedule for SSDI recipients in 2022: Pennsylvanians born between the 1st and the 10th will receive payments on the first Wednesday of each month Pennsylvanians born between the 11th and the 20th will receive payments on the second Wednesday of each month Pennsylvanians born between the 21st and the 31st will receive payments on the third Wednesday of each month If you get family benefits or SSDI payments through a parent’s work history in Pennsylvania, you will get your monthly payments according to the primary beneficiary or parent’s birthday. If you’re unsure exactly when you will receive your SSDI benefits, speak to a Pennsylvania disability lawyer for clarification. While it may be inconvenient for some Pennsylvania residents, you cannot change the day you receive monthly SSDI payments. You also cannot opt to receive a portion of your monthly benefit each week. Instead, you must abide by the set payment date according to your birthday. That said, you can change the days that certain bills are due to accommodate your new income schedule. Call Our Attorneys to Learn More About Disability Benefits in Pennsylvania If you need help applying for disability benefits in Pennsylvania, reach out to our attorneys. For a free case evaluation with the West Chester, PA disability lawyers at Young, Marr, Mallis & Deane, call today at (215) 515-2954.

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What is the New Jersey State Disability Waiting Period?

If you have recently sustained an injury or disability that leaves you unable to earn an income, you may be eligible for disability benefits in New Jersey. If you can’t work, it’s important to learn how long it may take before you start receiving payments. The first waiting period to concern yourself with regarding disability benefits in New Jersey is that of the initial claim review. In New Jersey, this can take anywhere from three to five months, depending on the specifics of your case. If your claim is denied, you can appeal it. The waiting time for an initial appeal hearing can be upwards of a year. Once your disability claim is approved, it may be six months before you start receiving payments. To speed up the process and avoid unnecessary delays, hire an experienced New Jersey attorney. We’re here to help New Jersey residents learn about the disability benefits available to them. For a free case evaluation with the New Jersey disability lawyers at Young, Marr, Mallis & Deane, call today at (609) 557-3081. What is the Waiting Period for a Disability Claim Review in New Jersey? After applying for Social Security Disability (SSDI) benefits in New Jersey, you may have to wait some time before you hear a decision. Filing for SSDI benefits immediately after sustaining a disability that prevents you from working is crucial, as it can take several months before claims are approved. Once you apply for SSDI benefits in New Jersey, you won’t receive benefits right away. That’s because the Social Security Administration (SSA) must review the facts of your case, like your medical records and work history, to determine whether or not you are eligible for benefits. The SSA may also require an interview to review your information and ask additional questions, which can take time to schedule. Depending on your claim, it may be three to five months before you hear a decision from the SSA. If there is a greater influx of claims at the time or issues with your application, it may be longer before you hear an answer. If your SSDI claim has not yet been approved and you are concerned about its status, speak to your Mt. Holly disability lawyer. Your attorney can help iron out any issues with your claim that may delay its approval. How Long Does it Take to Get a New Jersey Disability Claim Appealed? If your initial application for SSDI benefits was denied in New Jersey, you can file for an appeal. Depending on the current number of contested cases at the time, it may take upwards of a year before you can get a disability appeal hearing in New Jersey. If your initial appeal is unsuccessful, you may face several years without income. The waiting period for a disability appeal hearing in New Jersey can be long. On average, it can take up to 18 months for applicants to receive a hearing date after their initial SSDI benefit claim was denied. Waiting those additional months, combined with the initial waiting period to hear back about your application, is not ideal. Over a year without an income or benefits can be overwhelming for disabled New Jersey residents and their families. Generally, New Jersey applicants have 60 days after receiving a decision to file an appeal. Having an experienced Trenton disability lawyer by your side during this time is crucial so that you don’t lose your opportunity to file an appeal for benefits. If your initial appeal hearing is unsuccessful, you can further appeal your claim, the last opportunity being a federal court review. Each stage in the appeals process can take months, so preparing your application beforehand with help from an experienced attorney is important. By the time you get to the final appeal stage, if it comes to that point, you may be in serious need of disability payments. What is the Average Waiting Period to Receive Disability Payments in New Jersey? After you are approved for Social Security Disability payments in New Jersey, the waiting isn’t over. Depending on your disability, you may have to wait six months before you can start receiving your monthly benefit in New Jersey. If you have been diagnosed with a very specific condition, ALS, and were approved for benefits after July 23, 2020, you can start receiving benefits immediately after your claim is approved. However, this is a very specific exception to the general rule, so ask your New Jersey disability lawyer if you are eligible. Generally, it takes six full months after a claim is approved before SSDI applicants can begin getting payments. During that time, expect regular check-ins from the Social Security Administration. This waiting period is designed to ensure your condition remains the same and does not improve, which would make you ineligible for disability benefits in New Jersey. Each month that you get a check from the SSA, it will be for the previous month’s benefit. For example, you won’t get your January benefit until February, and so on. The exact day you receive your monthly payments will depend on your birth date, so ask your attorney for clarification. How Can You Get Disability Benefits Faster in New Jersey? The process of applying for disability benefits in New Jersey can be lengthy. Numerous waiting periods can cause financial strain, even for New Jersey residents with adequate savings. If you can’t risk waiting too long for Social Security Disability benefits, hire an attorney. While there will be inevitable waiting periods in the process of applying for SSDI benefits, such as the lengthy approval process and other factors out of your control, there is a way for you to speed things up. Hiring an experienced Marlton disability lawyer allows SSDI applicants to properly prepare for the process to avoid unnecessary complications. Your attorney can compile the necessary documents detailing your disability, medical records, income, and other information the SSA may require. When you hire an attorney, you can eliminate the unnecessary delays that often accompany the SSDI filing process and start receiving payments sooner. Ask Our Attorneys About Disability Benefits in New Jersey If you need fast access to disability benefits in New Jersey, our attorneys can help. For a free case evaluation with the Mercer County disability lawyers at Young, Marr, Mallis & Deane, call today at (609) 557-3081.

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3 Steps to Take Before Declaring Bankruptcy

 PR News Wire has an article titled "3 Steps to Take Before Declaring Bankruptcy" the article can be found at https://www.prnewswire.com/news-releases/3-steps-to-take-before-declaring-bankruptcy-301614057.htmlWe have helped hundreds of individuals and businesses file for bankruptcy.Jim Shenwick, Esq. jshenwick@gmail.com 212 541 6224