The Law Office of SHERYL GANDEL MAZUR Dedicated to the needs of our disabled clients.
195 Fairfield Avenue 325 E. Jimmie Leeds Road
Suite 2C TMB 134
West Caldwell, NJ 07006 Galloway, NJ 08025
(973) 403-0902 (866) 929-8220
FAX: (973) 364-1348
- $250.00 One-time Payment
All Title II and SSI beneficiaries who were in pay since at least December, 2002 to January, 2009 should be receiving a one-time $250.00 payment. If you do not receive your check by May 31, 2009, please contact Social Security immediately at 1.800.772.1213. Remember, if you have direct deposit, check your bank account!
- Retroactive Checks and Tax Implications
Generally, a retroactive lump sum Social Security check is taxed in the year received. However, the IRS, I.R. Code Section 86(e) may offer a special provision to ease the tax burden. Please check with your accountant to review your individual tax obligations. SSI benefits are not taxable.
- Delinquent Federal and State Taxes
Student loans and/or alimony and child support payments may be collected from Social Security retroactive disability checks. If a lien is applied against your retroactive Social Security Check, you may need to contact the Agency that placed the lien. If the lien is through the IRS, you may contact the Taxpayer Advocate Service at 1-877-777-4778.
- SSA Funding
Social Security has been promised additional funding for additional hearings offices and ALJ's nationwide to decrease the backlog of cases. At the present time, the Newark Hearing Office is averaging a 455 day processing time from when a Request for Hearing is filed. The Voorhees office is totaling 441 days to process cases. The average national processing time is 500-days. New Jersey is therefore slightly under the national average.
- COBRA Benefits
Recent changes to the COBRA Act will help subsidize the loss of COBRA premiums for certain employees who are eligible or will become eligible for COBRA between September 1, 2008 to December 3, 2008. This applies to employees also who were involuntarily terminated. There are some individuals who may also apply for COBRA who would otherwise be ineligible, such as if the individual was terminated due to a disability. For further information, contact your COBRA contract coordinator.
- The Medicare Waiting Period
may be shortened. Bills have been introduced in the House of Representatives to phase out the Medicare twenty-four (24) month waiting period, for individuals with "life threatening conditions". At the present time, all Title II disability recipients must wait thirty (30) months from disability onset (date the disability was approved) and twenty-four (24) months from benefit payment onset (the month when the SSA checks started).
- COLA's
Based upon the financial situation in this Country, Social Security predicts that recipients may not receive a cost of living increase (COLA) in fiscal years 2010, 2011 and possibly 2012.
- Healthcare Reform
Congress is now working on healthcare reform and hopefully they will pass some good legislation in the next year or two under President Obama.
- Visit To The Hill
Ms. Mazur and Ms. Cleveland just came back from a Social Security Conference - The National Organization of Social Security Claimants' Representatives (NOSSCR) in Washington, DC. Ms. Mazur and Ms. Cleveland went to Capitol Hill in DC and visited the offices of Senators Lautenberg and Menendez, Congressmen Frelinghuysen, Pascrell and Payne. We wanted to enlighten them about our organization NOSSCR which is composed of attorneys, legal aides and non-attorney advocate groups. We wanted to let our representatives know among other things that we have access to their constituents who have had experiences both positive and negative with the Social Security system and who would be available to discuss their experiences.
- Agency Budget Grants
Commissioner Astrue spoke in person at our semi-annual NOSSCR, meeting. He informed our group that SSA has received some budget grants, hired ninety new ALJ's prior to the hiring freeze, had additional funding to improve the Social Security computer systems, and was working on improving the medical listings (presumptive disability) in SSA cases. SSA is considering including more unusual or rare diseases and illnesses in the presumptive listings. Commissioner Astrue assured us that every effort is being made to speed up the disability decision process. Commissioner Astrue also informed us that SSA will be hiring over 1,000 additional staff nationwide at the hearings office level in 2009.
- New Testimony and Screening Methods
Commissioner Astrue informed us that new and effective screening and testing medical techniques are being reviewed to diagnose and pick out neurological disorders including Alzheimer's. Also new testing for schizophrenia is being reviewed. The Agency goal is to expedite the processing and approval of these cases.
- Hospital Records - Going Electronic
Social Security is also working on reducing the processing time required to obtain medical records from major hospitals. Social Security is now directly on line with six major hospitals in the U.S. The Agency goal is to have on-line access to all hospital medical records in the future.
- Disability Claims and Appeals on the rise
Commissioner Astrue is predicting over one million new disability claims will be filed over the next three years and the denial rate for initial applications is on the rise. One program being used to alleviate the hearing office backlog is by permitting senior staff attorneys to decide cases. 725,000 cases were settled nationwide by senior staff attorneys in 2008.
- Continuing Disability Reviews
Continuing disability reviews may be getting more attention from Social Security. If you are under 55, your case will presently be reviewed approximately every three years. There is a possibility that Social Security will start more frequent reviews. Therefore, be sure you are continuing with your medical treatment and any medication or therapy regimens prescribed by your physician. Any work activity will also trigger a review. Please be sure to notify Social Security of any work activity you are performing.
Sheryl Gandel Mazur, Esq.
Jacqueline Cleveland, Esq.
And Staff
