If a disability or medical condition prevents you from earning an income, long-term disability insurance benefits may provide some support. The question is, how long will your long-term disability benefits last in New Jersey? Generally, long-term disability benefits can last until a claimant reaches retirement age in New Jersey. That said, if an individual no longer meets their insurance company’s definition of disability, their benefits may cease. New Jersey policyholders should know that purchasing insurance doesn’t mean they’ll be eligible for benefits. Even if your claim is approved, it may be several months before you start receiving your long-term disability benefits. In the unfortunate circumstance that you aren’t eligible, a New Jersey attorney can help you explore other types of disability benefits. Our lawyers are here to help New Jersey residents get 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) 557-3081. How Long Will Long-Term Disability Benefits Last in NJ? Unlike other Social Security programs, long-term disability insurance is purchased either as a private plan or through a New Jersey worker’s employer. A long-term disability insurance policy can help those who have been diagnosed with serious medical conditions and can no longer earn an income. If you’ve been approved for long-term disability benefits through your insurance, you will likely receive benefits for life, provided your disability remains. New Jersey residents may choose to include a short-term disability plan within their long-term disability insurance policy so that they are covered regardless of the length of time their condition is expected to persist. If your disability improves and you can return to work, your long-term disability benefits may cease. The criteria you must meet to qualify for benefits will depend on your specific insurance policy. Understanding what you must do to remain eligible for long-term disability benefits for life is crucial, so it’s wise to consult an East Brunswick disability lawyer. A long-term disability insurance company may request regular medical exams to determine whether or not you still qualify for benefits. If you do, you can likely receive them for the rest of your life. How Do You Qualify for Long-Term Disability Benefits in NJ? Although you may have purchased a long-term disability insurance policy, you are not automatically eligible to receive benefits. To take advantage of your insurance policy, you must meet the criteria for long-term disability benefits. Depending on your insurance carrier, you may need to meet different standards to qualify for long-term disability benefits. Your New Jersey disability lawyer can help you understand your insurance policy’s requirements to determine whether you are eligible for long-term disability benefits. You will likely need to submit your medical records to your New Jersey long-term disability insurance carrier to establish your eligibility. Suppose your medical records do not sufficiently prove your need for long-term benefits. In that case, an insurance company may request that you agree to an independent medical exam. Some conditions, like injuries, may not show their full severity for some time. Suppose you are initially ineligible for long-term disability benefits but have a short-term disability plan as well. In that case, you may be eligible for those benefits first. Generally, short-term disability benefits last for several months, after which your long-term disability benefits may kick in. How Long Until You Start Receiving Your Long-Term Disability Benefits in NJ? Disabled New Jersey residents don’t start receiving their long-term disability benefits right away. The claims process can be lengthy and complicated, with issues that can delay your access to benefits. To speed up the process, you can enlist help from an experienced New Jersey disability lawyer. Filing a claim with your disability insurance can take time. You probably won’t start getting payments immediately after your claim is approved. In fact, New Jersey residents may have to wait months after being approved for their long-term disability benefits to kick in. That’s because disability insurance companies require claimants to meet their specific definition of disability for up to six months after being approved. This is known as an elimination period. Suppose you fail to meet your insurance company’s definition of disability during this elimination period. In that case, you may never get your long-term disability benefits. Learning that you have to wait so long to get your long-term disability benefits can be disheartening. However, if you have an experienced Hamilton Township disability lawyer by your side, they can help you get payments sooner. For example, suppose you also have a short-term disability insurance policy. In that case, you may be able to get benefits through that plan while you wait for the elimination period to expire. Generally, the wait time between getting approved for short-term disability benefits and receiving payments is one to two weeks. Your attorney can help you take advantage of all benefits available to you to start receiving payments sooner. What if You Are Not Eligible for Long-Term Disability Benefits in NJ? While long-term disability benefits may seem appealing to New Jersey residents, not everyone has this type of insurance. Suppose you haven’t purchased long-term disability insurance, or your claim has been denied. In each case, a lawyer can help you understand your options. If you are unfortunately ineligible for long-term disability benefits, all is not lost. Insurance companies can make New Jersey residents jump through hoops during the claims process. These insurance companies often employ unsavory tactics, resulting in denied claims and confused claimants. It’s also important to note that not everyone considers purchasing long-term disability insurance until it is too late. If you’re ineligible for long-term disability insurance benefits, you may be eligible for Social Security Disability (SSDI) benefits. Generally, New Jersey residents with qualifying medical conditions and work histories are eligible to receive SSDI benefits. Like long-term disability benefits, SSDI payments continue for life as long as your disability remains. Our NJ Lawyers Can Help You File for Long-Term Disability Benefits Today If you need assistance filing an insurance claim for long-term disability benefits, our attorneys can help. For a free case evaluation with the Marlton, NJ disability lawyers at Young, Marr, Mallis & Deane, call today at (609) 557-3081.
Arizona Pool Accident Injury Lawyers Know Your Rights If You Get Injured In a Swimming Pool When most people think of personal injury lawyers, they think of lawsuits resulting from car accidents or slip and falls. But personal injury lawsuits can arise from several types of incidents, including accidents in swimming pools. With summer just around the corner, it can be helpful to know your rights if you are injured while using someone else’s swimming pool. You could be entitled to substantial compensation for your injuries. For a more detailed review of your claim, call 480-833-8000 or use our online form to request your free consultation. Pool Safety Information According to the Centers for Disease Control and Prevention (CDC), in the United States, there are 11 fatal drownings and 22 nonfatal drownings per day. Drowning is the second leading cause of death for children ages 1-4 behind birth defects. It is the second cause of unintentional injury death for children ages 1-14 behind car crashes. Approximately 80% of drowning victims are male. And while these numbers are already scary, they increase in Arizona due to the warm weather and how many people have swimming pools in their backyards. Ten people have died in water-related incidents in 2022 as of March 14. The drowning rate of preschoolers in Arizona is about double the national average. Many factors can increase the probability of drowning, or having a pool-related accident in general. A huge factor is whether or not someone knows how to swim. Seizure disorders and other medical conditions can make someone more likely to drown. Especially when children are involved, lack of adult supervision can increase the likelihood of a pool accident. The same goes for lack of proper fencing around a pool. Drugs and alcohol can increase the likelihood of a pool accident, while life vests can decrease the likelihood. Even when a drowning doesn’t result in death, the consequences can be severe. Nonfatal drowning can cause aspiration pneumonia, acute respiratory distress syndrome, hypothermia, and brain damage. Swimming pool accidents can also result in broken bones and other serious injuries. You should see a doctor as soon as possible after experiencing a swimming pool injury. Arizona Pool Requirements Arizona Revised Statutes § 36-1681 sets out the standards for pools in residences with children under the age of 6. It applies to pools of water at least 18 inches deep and at least 8 feet wide at one point. There must be a fence at least 5 feet high fully surrounding the pool with a self-closing, self-latching gate. It must be at least 20 inches from the water’s edge. The fence shouldn’t have any round openings of more than 4 inches or footholds and other features that could be used to climb the fence. Collectable Damages in Injury Claims If you are injured in someone’s swimming pool, you most likely will be dealing with their homeowner’s insurance. While they won’t be eager to pay out, there are numerous types of damages that you may be able to collect as a result of your injuries. Even if your medical insurance covered all of your expenses from the accident with no out of pocket costs for you, medical bills would still be collectable in a personal injury claim. You can collect all of your medical expenses in the claim, and then your medical insurance will be reimbursed for what you spent through a process called “subrogation.” If your injuries require future medical treatment or are permanent, you will also need to estimate those future medical expenses and include them in your claim. Injuries from a pool accident could easily cause you to miss obligations like work and school. You can be compensated for these losses in your personal injury claim. If your injuries are so severe that they will permanently impede your career progression, you can be compensated for that as well. Clearly, this damage can be difficult to complicate, especially if you don’t work a salaried position. An experienced Gilbert injury attorney can help you estimate a fair number for this damage category. Dealing with your injuries is far more complicated than paying your medical bills and catching up at work. Healing your injuries can be painful, both physically and emotionally. You will never be able to get back the time you spend at the hospital, in doctors’ offices, etc. You could be left with depression, insomnia, and other psychological side effects due to your injuries. And injury law recognizes that you should be compensated for this trauma. This is known as Pain and Suffering. There are several techniques you can use to calculate your pain and suffering damages. The most common way to do it, however, is by using the Multiplier Method. Here, the first step is to add up all the damages described above that you incurred. The sum will be multiplied by the appropriate multiplier for your case. The multiplier is usually a number between 1 and 5. A relatively minor injury would be closer to 1, while severe and permanent injuries would be closer to 5. Contact a Mesa injury attorney for more information about calculating your pain and suffering damages. Visitor Status The owner of the pool in which you were injured generally owes you a standard of care- but the type of standard of care that they owe you depends on your status as a visitor on the property. The three categories are invitees, licensees, and trespassers. An invitee doesn’t necessarily have to be literally “invited” somewhere, but it should be reasonably expected that they would show up. For example, if you own a restaurant, a patron of your restaurant would be an invitee. A licensee is someone with express or implied permission to be somewhere, such as a guest at a pool party. A trespasser is someone who has no authorization to be on the property. Invitees are entitled to the highest standard of care when they are on someone else’s property. The property owner should keep the area safe and warn guests of any potential hazards on the property. Licensees are owed a slightly lower standard of care. They must be warned of any potential hazards that aren’t obvious. Trespassers are due the lowest standard of care by property owners. A property owner must make sure that there isn’t anything dangerous on their property that could attract child trespassers, also known as attractive nuisance doctrine. Keep More of Your Injury Award With Our Arizona Accident Lawyers When you’ve been injured due to someone else’s negligence, hiring a dedicated personal injury attorney in Chandler can help strengthen your claim. The good news is that most personal injury attorneys work on a contingency basis, meaning they don’t get paid unless they win (or settle) your case. The unfortunate part is that many attorneys will take up to 33% or more of your final award. At My AZ Lawyers, we understand how vital your settlement money can be after a swimming pool accident, and offer a guaranteed contingency fee of 25%. That 8% or more in savings could result in thousands of extra dollars in your bank account. But you don’t have to read to believe- call 480-833-8000 or fill out our online form to schedule your free appointment with one of our experienced Arizona injury lawyers. Arizona Offices: Mesa Location: 1731 West Baseline Rd., Suite #100 Mesa, AZ 85202 Office: (480) 448-9800 Email: info@myazlawyers.com Website: https://myazlawyers.com/ Phoenix Location: 343 West Roosevelt, Suite #100 Phoenix, AZ 85003 Office: (602) 609-7000 Glendale Location: 20325 N 51st Avenue Suite #134, Building 5 Glendale, AZ 85308 Office: (602) 509-0955 Tucson Location: 2 East Congress St., Suite #900-6A Tucson, AZ 85701 Office: (520) 441-1450 Avondale Location: 12725 W. Indian School Rd., Ste E, #101 Avondale, AZ 85392 Office: (623) 469-6603 The post Arizona Pool Accident Injury Lawyers appeared first on My AZ Lawyers.
I’m Filing for Chapter 7 Bankruptcy – What Can I Keep? You may be surprised at what you can keep! There are many misconceptions.
" I needed to file bankruptcy which was a very difficult and stressful decision. I never wanted to get to the point of having to file chapter 7, but I knew in order to have a fresh start it was the only way out. I spoke with several attorneys, most said I could only file chapter 13. I was single, no kids, and employed; my career and lifestyle were getting better but the debt was still substantial and I couldn't save any money. I felt overwhelmed thinking I had to figure out how to pay off the debt. James was the only attorney that firmly said you need to file for chapter 7. He didn't promise it would happen, in fact he was honest saying I had a 60/40 chance but he believed I had a good chance. I'm so glad I followed my instincts and went with him. He was aggressive and direct and got the job done. He prepared me for the court day and it went in my favor. I'm not gonna lie, I'm not proud of the situation, but I'm happy to be debt free with a new promising start. Thanks James!
We knock out Dyck-O’Neal, Save Lonnie’s Clearance and his Family Home Place Lonnie was about to lose his federal job. His clearance review showed he owed Dyck-O’Neal $127,153 from a foreclosure deficiency. He needed to take care of that. Or he’ll lose his clearance and his job. Obviously he didn’t have $127,153. And when we […] The post We knock out Dyck-O’Neal, Save Lonnie’s Clearance and his Family Home Place by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.
Money Magazine has an excellent article on this topic. The article can be found at https://money.com/get-items-removed-from-credit-report/Jim Shenwick, Esq 212 541 6224 jshenwick@gmail.com
Need Tax Relief? Here’s How To Get Rid Of Your Back Taxes. Excellent article on how to get tax relief at Forbes. The article can be found at https://lnkd.in/ezfF9rQqNot mentioned in the article, but many incomes taxes can be discharged in a chapter 7 bankruptcy filing. Jim Shenwick, Esq 212 541 6224 jshenwick@gmail.comNeed Tax Relief? Here’s How To Get Rid Of Your Back Taxes
As parties prepare for mediation, they often focus on what they want. They want $X. They want out of a contract. They want to pay nothing. They want…. Sometimes parties forget to also consider what they need. There is a big difference between what you want (e.g., everything you asked for in your complaint) and what you need to resolve the dispute and move forward. As you prepare for mediation, take time to consider not just your wants, but also your needs. To illustrate, let’s consider Rod Campbell’s children’s book “Dear Zoo.” In this story, the narrator writes to the zoo and asks them to send a pet. The zoo complies. First, it sends an elephant. It is too big, so it is sent back. Then the zoo sends a giraffe, but it is too tall, so it is sent back. The list goes on. Zoo animals arrive, don’t meet the narrator’s needs, and get sent back. Finally, after seven animals have been sent, rejected, and returned, the zoo sends a puppy, which is perfect. Needs have been met. At no point in the story, did the narrator explain their need. They opened with their want and then waited for the other side, the zoo, to figure out what was needed and provide it. I see this in mediation too. Very often a party comes to mediation having focused solely on what they want, but having spent no time considering what they need. While it is not uncommon for wants and needs to evolve as the mediation progresses, it is helpful to have a starting point at the outset of the mediation. Why? For several reasons, including: Most settlements ultimately lie somewhere between each party’s want and their need. An unspoken need may go unmet. That unmet need may then become a barrier to resolution. Some needs cannot be identified without additional information. But if the necessary documents are inaccessible or the person with the requisite knowledge is unavailable, then we may be unable to discern the need during mediation resulting in an impasse or adjournment of the mediation. Understanding needs may open new avenues for resolution. Creativity can be the bridge to resolution in mediation, but only with an understanding of the problems that need to be solved creatively. As you prepare for mediation, consider not just what you want, but what you need. Otherwise, you may spend a fruitless day rejecting elephants, giraffes, lions, snakes, and other offers you neither need nor want. Author’s Note: As a mediator, I am a “forever student” always seeking new ways to help people find a path to resolution in mediation. As a parent, I have spent a gazillion hours reading books to my children. Oftentimes, these books teach me new ways to approach conflict resolution. In this case, Rod Campbell’s “Dear Zoo” inspired this post. Don't Just Know What You Want in Mediation The post Mediator Insights: Don’t Just Know What You Want, Know What You Need appeared first on Sylvia Mayer Law.
While it may require time, patience, perseverance, and creativity, as a mediator, I truly believe that most disputes can be settled. But just because most disputes can one day be settled, does not mean that all disputes can be settled at any given time. To illustrate, let’s consider Mo Willems’ classic children’s story “Don’t Let the Pigeon Drive the Bus.” The story involves a pigeon and us (the reader and the reader’s audience). At the start of the story, the bus driver asks us to watch his bus and instructs us not to let the pigeon drive it. But the pigeon desperately wants to drive the bus. The pigeon tries every tactic you can think of – asking nicely, befriending us, telling a story, visualizing it, bribing us, guilting us, crying, begging, and bullying us. But we, the readers and audience, stand firm. We say no. Why did we say no? The pigeon’s ask was unrealistic. And inflexible. And utterly failed to consider our interests and needs or even public safety. The pigeon was focused solely on getting what the pigeon wanted without regard for anything else. How does this translate to mediation? Generally, I see pigeon-like parties in cases that come to mediation too soon or too late. Their views are unrealistic and inflexible. They are unable to consider the other side’s interests or needs or recognize any weaknesses in their position. They are only able to focus on their demand. And unwilling to accept anything less. In these situations, time is often the answer. Sometimes, the time needed is the day-long mediation. By the end of the day, even the pigeon-like party may have become receptive to resolution. But not always. If the parties have come to mediation too early, then we may need to adjourn mediation and reconvene weeks or months later. This gives the parties time to conduct discovery and do legal research, which may broaden their perspective on the case. If the parties have come to mediation too late, then we may need to adjourn mediation and reconvene during a break in the court proceedings, which may give them insights into the judge’s views of the case. In the end, the key is don’t let the pigeon drive the bus in mediation. If one party is pigeon-like – intransigent, inflexible, and incapable of making progress – then you may need to just say no at that time. This does not mean that the dispute cannot be settled, but it does mean that the dispute cannot be settled right then. Author’s Note: As a mediator, I am a “forever student” always seeking new ways to help people find a path to resolution in mediation. As a parent, I have spent a gazillion hours reading books to my children. Oftentimes, these books teach me new ways to approach conflict resolution. In this case, Mo Willems’ “Don’t Let the Pigeon Drive the Bus!” inspired this post. Don't Let the Pigeon Drive the Bus in Mediation The post Mediator Insights: Don’t Let the Pigeon Drive the Bus in Mediation appeared first on Sylvia Mayer Law.
You go to mediation. You work hard all day culminating in an agreement. Now you need to document that agreement. Easy-peasy? Not really, because the devil is always in the details. To illustrate, I’m going to re-visit a children’s book that I explored previously: Doreen Cronin’s Click Clack Moo: Cows That Type. In this story, Farmer Brown has a farm with dairy cows, chickens, and ducks. The cows find his typewriter and send him demands seeking electric blankets for the barn animals. The barn animals go on strike when their demands are unmet. Ultimately, Duck steps in to act as a neutral. With Duck’s assistance, an agreement is reached: the cows and hens get electric blankets, while Farmer Brown gets milk, eggs, and his typewriter. When I explored this story last time, I mentioned there is a plot twist at the end and here it is. The parties agree that Farmer Brown will first leave the electric blankets outside the barn door, then the cows will give Duck the typewriter to deliver to Farmer Brown and the cows and hens will resume producing milk and eggs. Farmer Brown does his part, and the cows and hens do their part. But Duck? Duck seizes the typewriter and uses it to demand a diving board for the duck pond. Unfortunately for Farmer Brown, nothing in his agreement with the cows and hens bound Duck. The devil is in the details. This story is an extreme example, but it highlights an important point. When parties are negotiating the terms of their mediated settlement agreement, they need to think beyond what each is giving or getting under the agreement. How will the agreement be effectuated? What happens if there is a default? If a third party is needed, then how are they selected and paid? If court or regulatory approval is required, then who is responsible for seeking it? And what happens if denied? A myriad of issues can arise after the parties have reached an agreement. While the mediator can assist the parties in drafting the agreement and spotting issues, only the parties really understand the dynamics and execution risks. So, here’s the moral of the story. To avoid being Farmer Brown, who had to install a diving board at the duck pond to get his typewriter back, parties to a mediated settlement agreement need to think through implementation, execution, default, and enforcement as they are documenting their settlement. Author’s Note: As a mediator, I am a “forever student” always seeking new ways to help people find a path to resolution in mediation. As a parent, I have spent a gazillion hours reading books to my children. Oftentimes, these books teach me new ways to approach conflict resolution. In this case, Doreen Cronin’s “Click Clack Moo: Cows That Type” inspired this post. Click Clack Quack - Drafting Mediated Settlement Agreements The post Mediator Insights – Click Clack Quack: Drafting Mediated Settlement Agreements appeared first on Sylvia Mayer Law.