When is the Best Time to File for Social Security Disability Benefits?

Suffering from a permanent or continuous physical injury can be devastating.  Not only do you need to deal with potentially time-consuming and painful medical expenses, but you still need to deal with many of the rigors of day-to-day life.  Claiming benefits through Social Security Disability (SSD) can help alleviate some of the stress of not being able to work by providing you with ongoing benefits to support yourself and your family.  But when should you apply for these benefits?  What is the best time to start filing your disability claim?  The Pennsylvania and New Jersey disability attorneys at Young, Marr, and Associates may be able to help.

When Should I Apply for Social Security Disability in PA and NJ?

In most cases, you should apply for disability as soon as possible.  Disability is something that you can only receive if your condition makes it too difficult to work, and the Social Security Administration (SSA) may closely scrutinize your case.  That means that if there is any delay where you did not apply, it may seem to the SSA that your case is not urgent or that you were not truly in need of disability benefits.

When you apply for Social Security Disability, you may face some wait times.  First, there is time for the paperwork to reach review.  After that, there may be time for the SSA to review your application, during which time they may ask for additional paperwork from your doctor or may even request a medical exam from their own physicians.  After reviewing your application, it can still take some time for the SSA to accept your application.  In some cases, you may even be denied disability, and it takes time to appeal your disability claims and fight to get you the benefits you need.

You may ultimately be entitled to retroactive benefits and back benefits, depending on how you apply for SSD benefits.  In most cases, SSD can pay back benefits that reach all the way back to your application date.  This means that the earlier you get your application in, the more time you can receive benefits for.  In some cases, you may even be entitled to retroactive benefits, which date back to the first day you were disabled.  In these cases, the date you apply might not be as important – but you still cannot begin receiving benefits until your application is approved, so act quickly.

In many cases, applying for disability is a huge burden.  The expectation is that your condition makes it impossible to perform work-related tasks, yet you may still be required to work through packets of difficult paperwork.  Talk to a disability attorney for help on your application.

When Do I Qualify for Disability?

One important factor to consider in timing your disability application is that you should not apply until you actually qualify for disability.  In some cases, your condition or illness may be building over the years.  Even if you have a qualifying condition, your condition may not yet be sufficiently “severe” to qualify you for benefits.

To qualify for SSD, your condition must be sufficiently “severe” by the SSA’s definition.  The SSA defines a severe condition as one that “interfere[s] with basic work-related activities.”  This can include both physically-demanding work activities as well as work activities that demand mental focus or concentration.  If your condition is severe enough to prevent you from being able to work, it may be time to seek disability benefits.

Unlike other programs, Social Security Disability does not provide benefits for short-term disabilities.  Instead, the Social Security Administration’s rules actually assume that you have other ways to provide for yourself for short-term disabilities, such as through private insurance, personal investments, or state workers’ compensation benefits.  This means that the SSA will hold strictly to its rules, and it will not pay benefits until you fully qualify for disability.  Take this into account when timing your application.

Should I Talk to a Lawyer Before Applying for SSD?

Applying for Social Security Disability may be a long process, and having someone with experience may ease your application process.  Talking to an attorney about your application before submitting it can help you ensure that your application is accurate and strong before submitting it.  If your application is accepted on the first try, there is no need to appeal the SSA’s decisions or worry about having your application denied.

Especially if your condition is not listed in the SSA’s list of qualifying conditions, you may need help submitting your application.  A social security disability lawyer can help guide you through the application process.

PA and NJ Disability Lawyers Offering Free Consultations

If you or a loved one suffered from a condition that might qualify them for Social Security Disability, talk to an attorney right away.  The Pennsylvania and New Jersey disability lawyers at Young, Marr, and Associates represent people applying for disability throughout PA and NJ.  For a free consultation on your case, contact our law offices today at (215) 701-6519 in PA and (609) 755-3115 in NJ.

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Bill to ensure casinos keep doors open despite Atlantic City shutdowns

A group of democratic law makers in New Jersey are pushing for a measure to protect Atlantic City’s casinos and racetracks should the state government ever face another shut down, something law makers say they hope doesn’t happen again, but they want to be forthright in protecting the state’s economy in case it does.

An article on NJ.com explains that during the recent state government shutdown, the city’s casinos may have been forced to close if the impasse had lasted longer than a week.

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“But just days after the shutdown ended — without the gambling halls shuttering — a group of Democratic lawmakers from south Jersey are pushing a measure to make sure the state’s casinos and racetracks never face that threat again.”

The bill (S3421/A5126) would ensure that casinos and tracks keep their doors open indefinitely if a shutdown does occur.

“That would amend the current law — signed in the wake of the last shutdown, in 2006 — that says casinos and tracks are required to stay open, but only for the first seven days of a shutdown,” the article reads. “A 2008 law was designed to prevent that from happening during a state government shutdown. But there is a catch as New Jersey faces another budget impasse.”

State Sen. Jim Whelan commented saying that Atlantic City is once again becoming a popular destination and if the casinos close now, or at any time in the near future, it would be destructive to the lives of all of the people and families who are dependent on them to make a living – creating an economic riptide throughout the city and state that would end with negative consequences for everyone.

“The bill would have to be approved by both the Senate and Assembly and then signed by Gov. Chris Christie before becoming law,” the article reads. “Even though the city has lost five casinos in recent years thanks partly to increasing competition from neighboring states, Atlantic City’s seven casinos still employ about 50,000 workers and generate $1.3 million in state taxes each day. Plus, experts say the city is on the rebound lately after facing the threat of bankruptcy last year.”

During a 2006 shutdown 12 casinos in Atlantic City were forced to close their doors for three days, which cost the state about $4 million in casino tax revenue due to regulators and inspectors being unable to work.

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New documentary explores the collapse of coal mining

A new documentary recently released follows the lives of coal miners after they are laid off from their jobs, leaving them without insurance or a pension.

“We knew it was coming, we just didn’t know how hard it was gonna be. We’re losin’ everything,” Regina Lilly, wife of a West Virginia coal miner who was laid off after their child was born, said in a new National Geographic documentary about coal mining,” an article by the Business Insider reads.

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The documentary is called “From the Ashes,” and it explores the past, present, and future of coal mining. The documentary is currently on YouTube. 

When mining companies move to new locations with cheaper coal, local residents have said they believe that the coal companies have “failed” them.

“In one example portrayed in the documentary, Alpha Natural Resources sent letters to 100 workers about upcoming layoffs. These ‘WARN notices’ are generally sent to workers two months before a round of layoffs, giving them time to find new jobs,” the article reads. “However, some coal workers still face unexpected layoffs …”

A wife of one of the workers said it’s heartbreaking for a community and the workers because not only have they lost their livelihood, they’ve also lost their worker’s pension, retirement plans, their savings – any finances they had in the company – but the company just then files for bankruptcy and so long as they get money in their pockets, they don’t care about the workers who have lost everything.

“In the documentary, Mary Anne Hitt, director of Sierra Club’s Beyond Coal campaign and a West Virginia resident, described the aftermath of a mine layoff as a ‘life and death struggle’ for local communities. She described the scene as one she’s seen time and again, where coal companies ‘want to shed their obligations to workers, that includes pensions and healthcare commitments,’” the article reads.

Hitt goes on to say that not just one worker loses their livelihood when coal mining jobs go, but entire communities do, which makes it harder to bounce back from. She said that it’s happening across the U.S. on an unprecedented scale. 

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Takata files for bankruptcy amidst lawsuits, fines due to defective air bags

Takata filed for bankruptcy Monday following lawsuits, fines and recall costs for millions of lethally defective air bags in the U.S. and abroad. The air bags proved to be the company’s undoing and an article by the New Jersey Herald claims it could take years to get the dangerous devices off the road.

“Crushed by lawsuits, fines and recall costs, the Japanese auto parts supplier filed for bankruptcy in Tokyo and Delaware and will sell most of its assets for $1.6 billion to a rival company,” the article reads. “A small part of Takata will continue to manufacture replacements for the faulty air bag inflators.”

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About 100 million of the Takata inflators across the world have been recalled; 69 million in the U.S. alone. It’s reportedly the biggest automotive recall in American history. It will take the industry years to produce all the necessary replacements.

“In the meantime, millions of car owners are forced to nervously wait for someone to fix a problem blamed for at least 16 grisly deaths worldwide, 11 of them in the United States. Many owners have been put on waiting lists by their dealers until the parts arrive,” the article reads. “The big problem is the air bags are still out there. They’re like bombs waiting to explode, said Billie-Marie Morrison, the lawyer for a young Las Vegas woman grievously injured by an exploding air bag in March.”

According to the New Jersey Herald, the last batch of repairs in the U.S. won’t start until September of 2020. The National Highway Traffic Safety Administration is overseeing the recall.

More than 16 million inflators have been repaired so far in the U.S. That’s about 38 percent of the total. In Japan, 70 percent have been replaced, according to Takata. That’s partly because Japan refuses to renew vehicle registrations unless recalls have been completed.

“Because of the type of chemical propellant used by Takata, the defective air bags can inflate with too much force and spew deadly shrapnel at drivers and passengers,” the article reads. “Takata sold the inflators to 19 automakers, including Toyota, Subaru, BMW, Honda, Ford and Nissan.”

Takata’s bankruptcy filing clears the way for most of its assets to be taken over by Key Safety Systems, which is a Chinese-owned company based in suburban Detroit.

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More retailers join the ranks of bankruptcy

A newly released Moody’s Investors Service report suggests that many more retailers are expected to close within the next year or year-and-a-half, and 17 Pennsylvania stores are actually on the verge of bankruptcy and could close their doors permanently.

“Overall, 22 national retailers had debt ratings of Caa or lower — higher than the number of bankrupt-leaning retailers during the Great Recession of 2008-2009,” an article in the Radnor Patch reads. “Debt rated at Caa or below is the lowest rank on Moody’s credit rating spectrum. Seventeen of those have Pennsylvania locations.”

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Charlie O’Shea, who is Moody’s lead retail analyst, told the Radnor Patch that while the majority of retailers remain healthy for the most part, a select group of retailers continue to struggle to keep their doors open. O’Shea suggests in the article that the stores that are struggling are mainly department stores or specialty retailers. He says they believe the distressed ranks will keep growing, fueled in part by distinct vulnerabilities.

Here is the list of retailers with stores in Pennsylvania that are on the verge of bankruptcy:

• Bon-Ton
• Charlotte Russe
• Charming Charlie
• Claire’s Stores
• Cole Haan
• David’s Bridal
• Eddie Bauer
• Gymboree
• J. Crew
• Kmart
• Neiman Marcus
• Nine West
• Savers
• Sears
• Totes Isotoner
• Tops
• True Religion Apparel

A report, “US Retail and Apparel: B2/B3 Issuers Gain Spotlight As Distressed Retail and Apparel Ranks Grow,” provides the public an overview of factors that impact companies at these rating levels. Click here to obtain the full report.

“Some of these retailers, such as Sears and Kmart, have already announced store closings in Pennsylvania,” the article reads. “Earlier this year, Sears announced it would close 150 Kmart and Sears stores by the spring, part of a difficult but necessary step as we take actions to strengthen the company’s operations and fund its transformation.”

 

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Joe’s Crab Shack, Brick House Tavern file for Chapter 11

The owner of Joe’s Crab Shack filed for Chapter 11 early last week. The company released a statement to the media about the filing recently.

“The chain’s owner, Ignite Restaurant Inc. — which also owns the Brick House Tavern + Tap chain — plans to sell the company for at least $50 million to a private equity firm, according to a report by CNBC.com,” an article on NJ.com reads.

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According to the article, Ignite was trying to sell the business in 2016, but sales continued to decline this year and potential buyers eventually pulled their proposals. This is what reportedly led the company to consider filing Chapter 11 bankruptcy.

“Today’s sale agreement represents the culmination of a long and thorough process, and is an important step in positioning Joe’s and Brick House for future growth and success,” acting CEO Jonathan Tibus said in the statement.

NJ.com reports that Ignite has filed a proposal to sell its assets to the private equity firm, Kelly Investment Group. Ignite Restaurant Group said the fate of the restaurants at this time is unclear, but the company many seek bankruptcy protection.

“Michael Kelly, CEO of KRG Acquisitions Co. — an affiliate of Kelly Investment Group — said in a statement that he is excited about acquiring a well-known national brand such as Joe’s Crab Shack and Brick House Tavern + Tap,” the article reads. “Ignite said in its statement that both Joe’s Crab Shack and Brick House Tavern + Tap restaurants will remain open and operating as usual and Ignite customers can expect to continue to enjoy the same great food and service that they have come to expect from our brands.”

Five restaurants are listed on the Joe’s Crab Shack website including Clifton, Deptford, Eatontown, Lawrenceville and South Plainfield. Brick House lists locations in South Plainfield, Princeton and Neptune.

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Pittsburgh Athletic Association files for Chapter 11 bankruptcy

An iconic Pittsburgh organization filed for Chapter 11 bankruptcy protection on Tuesday. The Pittsburgh Athletic Association in Oakland opened its doors about 100 years ago and has been a gathering place for the business and cultural elite ever since.

“In a filing in U.S. Bankruptcy Court for the Western District of Pennsylvania, the organization listed assets and liabilities estimated between $1 million and $10 million,” an article in the Post Gazette reads.

The social club was founded in 1908 and thrived for many years, but has since sunk deep into debt amid changing lifestyles, declining membership and dwindling revenue.

“Operations at the stately Fifth Avenue building have been shut down since mid-April when the water was cut off because of $168,000 in bills owed to the Pittsburgh Water & Sewer Authority,” the article reads. “Association President James Sheehan said Tuesday that despite the club’s mounting financial troubles, it hoped to form a plan of reorganization and reopen.

Sheehan told the media the plan now is to reach out to local and national real estate developers in hopes of coming up with proposals so the organization can remain in the building, but likely with a smaller footprint. They also hope to redevelop the building, Sheehan said.

“The association has obtained $750,000 in financing from a subsidiary of JDI Realty in suburban Cleveland, Ohio, to fund operations during the reorganization, according to the club’s bankruptcy attorney, Jordan Blask of Tucker Arensberg, Downtown,” the article reads. “He said there was no official target date for reopening, but the club hoped to be back in business ‘before year-end, if not sooner.’”

Many events that were scheduled for the next few months are in the process of being canceled, including weddings. Sheehan said they wanted to go ahead and cancel the events early enough for people to make alternate plans.

“Employees of the club who are owed back pay will be treated according to the bankruptcy code,” Blask said. “Hopefully, the [$750,000 in] funding will pay some of those claims and pay employees going forward when the PAA reopens, he said.”

The club’s debts reportedly include hundreds of thousands of dollars in overdue state and federal payroll taxes, and bills from utility companies, vendors, and contractors.

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