Governor Hochshul signed a bill on Wednesday November 23, 2022, prohibiting healthcare providers from collecting wages or liening patients' homes to satisfy medical debts. An article about the bill can be found at https://www.mytwintiers.com/news-cat/state-news/hochul-signs-bill-to-protect-new-yorkers-with-medical-debt/If a creditor wishes to collect a debt in New York, they must sue the debtor, obtain a judgment, and then enforce the judgment. Under New York law a  judgment is good for 20 years. Creditors who attempt to enforce judgments generally do three things: 1.  Lien and levy  on a debtors checking account or brokerage account, 2. Docketing the judgment against the debtor’s house and foreclosing on the judgment and 3. Wage garnishment, a legal procedure in which a person's earnings (10%) are required by court order to be withheld by an employer, and paid to a creditor in satisfaction  of a debt.With the new law signed by the governor, medical creditors will no longer be able to garnish wages or docket judgments against a debtor's house in order to collect on those judgments. If you have any questions about the enforcement of judgments, please contact Jim Shenwick, Esq at [email protected] or  at 212-541-6224.

If you were recently diagnosed with a medical condition that prevents you from working, you may qualify for disability benefits. In which case, learning about the most commonly approved conditions can be helpful. Various conditions can qualify you for disability benefits. Among disabled workers, the most commonly approved conditions are musculoskeletal issues and nervous system and sense organ issues. Among disabled adult children (DA Cs), the most commonly approved conditions are intellectual disabilities. The Social Security Administration (SSA) provides 14 categories of qualifying conditions for adults and 15 categories for children under 18, each including various specific illnesses, injuries, or disabilities. To determine if your condition may be approved for disability benefits, you should turn to our experienced lawyers for help. We’re here to help you apply for disability benefits when you can no longer earn an income because of a medical condition. For a free and confidential case evaluation with the Philadelphia disability lawyers at Young, Marr, Mallis & Deane, call us at (215) 515-2954 or (609) 557-3081. Commonly Approved Conditions Among Disabled Workers While many injuries, disabilities, and illnesses qualify individuals for disability benefits, some are seen more often than others. While most common conditions are often age-related, some are more sudden, quickly impacting a person’s abilities and leaving them unable to work. If you have recently been diagnosed with a life-changing condition, speak to our attorneys. You may qualify for disability benefits. Many common conditions that qualify people for Social Security Disability Insurance (SSDI) benefits are age-related. Often, people work for most of their lives, only to be diagnosed with degenerative or otherwise preventative work. According to the SSA’s 2021 report regarding Social Security Disability Insurance benefits, the average age for recipients was 55. For example, arthritis is one of the most commonly approved conditions for disability benefits. According to the Centers for Disease Control and Prevention, arthritis is a “leading cause of work disability” in the United States. According to the SSA’s 2021 report, 34% of disabled worker recipients had a qualifying condition relating to musculoskeletal system diseases and connective tissue problems, which includes various types of arthritis. About 25% of disabled workers receiving SSDI benefits in 2021 did so because of mental disorders. Various types of mental health issues, ranging from post-traumatic stress disorder to depression, qualify individuals for SSDI benefits. According to the same report, 9.9% of disabled workers received benefits because of nervous system and sense organ issues, 7.7% because of circulatory system issues, 3.9% because of intellectual disorders, and 2.5% because of endocrine, nutritional, and metabolic issues. The remaining 16.8% of disabled workers received benefits because of other qualifying conditions. If you have recently been diagnosed with one of the conditions mentioned above and can no longer work, speak with our disability lawyers. Our attorneys can help you apply for SSDI benefits so that you start receiving payments quickly. Commonly Approved Conditions Among Disabled Adult Children Social Security Disability Insurance benefits are not only for people of a certain age. Suppose you were diagnosed with a qualifying disability before age 22. In that case, you might qualify for benefits through your parent’s earning record as a disabled adult child. Learning about the most commonly approved conditions for DA Cs can help you understand whether or not you or your child might qualify for benefits. According to the SSA, the most commonly approved condition for DA Cs in 2021 was intellectual disorders, at 44.7%. About 29% of DAC receiving SSDI benefits in 2021 did so because of all other mental disorders, which includes mental illnesses. In 2021, 11.5% of DAC recipients qualified for SSDI benefits because of nervous system or sense organ disorders. About 1.2% of DA Cs were approved because of musculoskeletal system and connective tissue disorders, 0.5% because of circulatory system disorders, and 0.4% because of endocrine, nutritional, and metabolic issues. The remaining 12.6% of disabled adult children received benefits because of other qualifying conditions 2021. What Conditions Can Be Approved for Disability Benefits? Though some conditions are more common than others, many can qualify you for SSDI benefits. The Social Security Administration provides guidance for qualifying conditions, which may change depending on a recipient’s age. Various illnesses, disabilities, and injuries can make you eligible for Social Security Disability Insurance benefits. The following categories of conditions refer to eligible impairments for adults: Musculoskeletal disorders Special senses and speech impairments Respiratory disorders Cardiovascular system disorders Digestive system disorders Genitourinary disorders Hematological disorders Skin disorders Endocrine disorders Congenital disorders Neurological disorders Mental disorders Cancer Immune system disorders The same impairments, in addition to low birth weight and failure to thrive, can qualify children under 18 for SSDI benefits through a parent’s earning record. Within each category exists many specific conditions that qualify individuals for disability benefits. For example, eating disorders and bipolar disorder can make you eligible for SSDI benefits under the umbrella of mental disorders. Asthma, cystic fibrosis, and lung transplants are among the conditions that qualify individuals for SSDI benefits under respiratory disorders. If your condition prevents you from earning an income, contact our disability lawyers. Because the SSA approves applicants with various conditions for benefits, you may qualify based on yours. How Can You Get Your Condition Approved for Disability Benefits? In order to get approved for disability benefits by the Social Security Administration based on your condition, you need to provide sufficient proof. To ensure that you properly document your condition, you can hire our experienced disability lawyers to help you. The Social Security Administration requires ample records and documentation of an applicant’s illness, disability, or injury before approving an application. It is important to prove that you received a certain medical diagnosis and that it prevents you from earning an income. In order to get your condition approved for benefits by the SSA, you must receive the necessary treatment and compile proof of your diagnosis and prognosis. This can be challenging for individuals with a recent diagnosis or injury. Our lawyers can take the necessary steps to document and record your injury, illness, or disability so that you provide the SSA with all the details it needs to approve your condition for benefits when you apply. Call Our Lawyers About Disability Benefits Today If you need disability benefits but are unsure whether or not you qualify based on your condition, call our attorneys. For a free and confidential case evaluation with the Pennsylvania disability lawyers at Young, Marr, Mallis & Deane, call us at (215) 515-2954 or (609) 557-3081.

 Yahoo has a very helpful article about 11 Things You Should Know About Chapter 11 Bankruptcy. The article can be found at https://www.yahoo.com/now/11-things-know-chapter-11-161433809.htmlJim Shenwick, Esq   212 541 6224  [email protected]

Bankruptcy Can Now Help Millions with Student Loans! Are you nine months or more behind on your student loans?  You are not alone. Typically, ten million Americans are at least nine months behind. And another million fall into that default category each year.  In early November 2022, the Biden Administration cast you a lifeline. For […] The post New! For Millions, Bankruptcy Help with Student Loans! by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.

Bankruptcy Can Now Help Millions with Student Loans! Are you nine months or more behind on your student loans?  You are not alone. Typically, ten million Americans are at least nine months behind. And another million fall into that default category each year.  In early November 2022, the Biden Administration cast you a lifeline. For […] The post New! For Millions, Bankruptcy Help with Student Loans! by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.

At any age, you might receive a diagnosis that changes the course of your life and leaves you unable to work. When that happens, you might be able to qualify for disability benefits in Pennsylvania, if you meet the right age requirements. While you can be quite young to qualify for disability benefits in Pennsylvania, most individuals are not eligible until they have worked for at least a decade. The cut-off age for disability benefits is 67, after which point your monthly payment will stay the same amount but have a different name under the Social Security retirement benefits program. If you worked your whole life and applied for disability benefits in your late 60s, you may qualify for the maximum monthly benefit. If you’re too young to get disability benefits yourself, you might be able to receive payments through a parent’s earning record. If you need access to disability benefits in Pennsylvania, our attorneys can help. For a free case evaluation with the Pennsylvania disability lawyers at Young, Marr, Mallis & Deane, call today at (215) 515-2954. At What Ages Do Disability Benefit Start and Stop in Pennsylvania? In order to qualify for Social Security Disability Insurance (SSDI) benefits in Pennsylvania, you must have a good earning record and a qualifying condition. Essentially, you must have had a job, or several, to qualify for disability benefits. Because of that, age can play a factor into whether or not a person is eligible for disability benefits in Pennsylvania. Generally, people can only get disability payments through their own earning records when they’ve worked for about ten years, the equivalent of earning about 40 work credits. So, the youngest you can be to get SSDI benefits through your own earning record really depends on when you started working. The oldest you can get SSDI benefits is retirement age, or 67 years old for anyone born after 1960. That doesn’t mean your disability payments will stop once you reach a certain age. Instead, they will convert into different Social Security retirement payments and stay at the same amount. If you’re within the right age range to receive SSDI benefits and believe you qualify, call our Philadelphia disability lawyers to learn if you’re eligible. At What Age Can You Get the Maximum Monthly Benefit in Pennsylvania? The older you are when you apply for disability benefits in Pennsylvania, the higher your monthly payment may be. That’s because people with a longer work history and earning record are the most likely to qualify for the maximum monthly benefit in Pennsylvania. You qualify for Social Security Disability Insurance benefits by paying into the system over time. From each paycheck, your employer must take out taxes for Social Security. The more paychecks you get, the more taxes are taken out. This earning record is part of what ultimately qualifies you for SSDI benefits. There’s no need for you to do anything other than work; it’s your employer’s responsibility to account for Social Security taxes. This process is what determines your monthly benefit amount. The more you work, the higher that monthly benefit may be. In 2023, the maximum monthly benefit for SSDI recipients is $3,627. It’s important to note that getting the monthly maximum benefit amount is rare. To qualify for this benefit, you will have had to do work most of your adult life and be near retirement age, which is 67. Figuring out your monthly benefit is necessary so that you can prepare for your expenses while on SSDI. Our Springfield disability lawyers can assess your age and work history to estimate your monthly benefit. What if You Are Too Young to Get Disability Benefits in Pennsylvania? Not every disabled person unable to work has a sufficient earning record to qualify them for SSDI benefits in Pennsylvania. Remember, most people need about 40 working credits, or ten years of working experience, to receive benefits. So, what if you’re too young? If you were diagnosed with a qualifying illness, injury, or disability before you turned 22, you might be eligible for disability benefits through a parent’s earning record. Call our attorneys if you require disability benefits and are too young to qualify based on your earning record. Our Northeast Philadelphia disability lawyers can explain how you might be able to use your parent’s work history to get monthly payments. In order to use your parent’s earning record to qualify for disability benefits in Pennsylvania, your parent must be eligible themselves. That means you must either have a parent currently receiving Social Security retirement or disability benefits or a parent who is deceased but has an earning record that would qualify them for benefits. The size of your monthly benefit will depend on your parent’s earning record. So, if they worked until retirement, they may qualify for the maximum monthly benefit for SSDI payments. If you are too young and have not worked enough years to qualify for SSDI benefits yourself, and you do not have a parent with sufficient work history, call our Pennsylvania disability lawyers. You may qualify for other kinds of disability benefits that can supplement your income. Call Our Pennsylvania Lawyers About Disability Benefits Today If you need to apply for disability benefits in Pennsylvania, our attorneys can help. If you need access to disability benefits in Pennsylvania, our attorneys can help. For a free case evaluation with the Montgomery Country disability lawyers at Young, Marr, Mallis & Deane, call today at (215) 515-2954.

 ABC has a very helpful article about "Student loan forgiveness update: What borrowers need to know after federal court struck down program". The article can be found at https://abc7ny.com/will-student-loans-be-forgiven-biden-forgiveness-loan-update/12451011/Jim Shenwick, Esq   917 363 3391  [email protected]

If you recently received a medical diagnosis that prevents you from earning an income, call our lawyers. Our attorneys can help you get disability benefits in New Jersey as soon as possible. In order to get disability benefits in New Jersey, you must apply. The application process might take several weeks, though our attorneys can help speed up the process. After you submit an application, it may be a few months before you get a decision. If approved, it will likely be several more months until you start getting payments in New Jersey. If your initial claim is not approved, our lawyers can help you file an appeal. When recipients abide by the Social Security Administration’s rules, they can receive disability benefits for the rest of their lives. We’re dedicated to helping New Jersey residents claim the disability benefits they’re entitled to. For a free and confidential case evaluation with the New Jersey disability lawyers at Young, Marr, Mallis & Deane, call today at (609) 557-3081. How Long Does it Take to File for Disability Benefits in New Jersey? Before you can get disability benefits in New Jersey, you have to apply. The application process alone can be lengthy and confusing for applicants in need of benefits. To speed things up, applicants can turn to our experienced Mt. Holly disability lawyers for help. Because disability applications require detailed information and certain records, filing for benefits might take weeks for New Jersey applicants without legal guidance. To apply, applicants must gather crucial information regarding their disability and income. The Social Security Administration (SSA) might also require additional information, especially if your application is incomplete. Applying for Social Security Disability Insurance benefits should be a quick and easy process. When applicants tackle the task independently, they may have difficulty compiling the necessary information and documentation the SSA requires. Our attorneys are familiar with the application process. They can use their experience to gather the proper records and help you complete your application for disability benefits in New Jersey. How Long Does it Take to Get Approved for Disability Benefits in New Jersey? Once you have officially applied for disability benefits in New Jersey, the real waiting begins. The Social Security Administration may take several months to make a decision regarding your claim. In the event they get an unfavorable decision, SSDI applicants may have to file an appeal in New Jersey. Generally, it takes about three to five months for the SSA to either approve or deny an application for SSDI benefits. Issues with your application might delay the process even longer. The SSA might require an additional interview with an applicant to address any missing information. Our Mercer County disability lawyers can help you file a thorough application initially, so the SSA can’t cite issues with your application as a reason for a delay. Unfortunately, when applicants don’t enlist help from experienced attorneys, the chances that their claims are rejected may increase. If your SSDI application has been denied, call our lawyers. Our team can help you file an appeal. The appeals process for disability benefits in New Jersey might take several months, possibly even years. Clearly, this isn’t ideal for SSDI applicants and their families. To avoid the appeals process entirely, allow our attorneys to help you apply for SSDI benefits. How Long Until I Start Getting Disability Benefits in New Jersey? Once your application for Social Security Disability Insurance benefits is approved in New Jersey, it may be some time before you start receiving monthly payments. While some conditions qualify applicants for immediate benefits, most don’t. In most cases, applicants enter into five-month waiting period after they’ve been approved for disability benefits in New Jersey. This waiting period exists so that the SSA can ensure you remain eligible for benefits after your application is approved. Because of the way that disability benefit payments are structured, applicants generally end up waiting at least six months in total before they receive their first check. Disability benefits come monthly. Each check you receive will be for the previous month, hence why the SSA’s five-month waiting period often ends up being slightly longer than applicants anticipate. Certain conditions, like amyotrophic lateral sclerosis, or ALS, qualify applicants for immediate benefit payments in New Jersey. If you are unsure how long it will be before you start getting disability benefits according to your condition, ask our Hamilton, NJ disability lawyers for clarification. For How Long Can I Receive New Jersey Disability Benefits? Social Security Disability Insurance benefits are designed to support those with disabilities, conditions, or illnesses who can no longer work. As long as you continue to meet the necessary criteria, you can receive SSDI benefits for the rest of your life in New Jersey. Social Security Disability Insurance benefits exist to help those with permanent or long-lasting injuries who can’t support themselves financially after working for a considerable portion of their lives. Your ability to work and your medical condition, they things that initially qualify you for disability benefits, might make you ineligible for SSDI benefits in the future. In New Jersey, disability benefit recipients are only allowed to earn a certain amount in additional income on a monthly basis. Earning above certain amounts specified by the SSA can result in a revocation of your benefits. The same thing can happen if your condition improves, allowing you to engage in substantial gainful activity. Essentially, this means your disability no longer prevents you from earning a sufficient income, making you ineligible for SSDI benefits in New Jersey. To better understand the income thresholds you’re subject to, contact our East Brunswick disability lawyers. Our attorneys can explain how long you’ll likely receive SSDI benefits in New Jersey and what to do if your circumstances change. Call Our New Jersey Lawyers About Disability Benefits Today If you need to start getting disability benefits in New Jersey, our attorneys can help. For a free case evaluation with the Trenton disability lawyers at Young, Marr, Mallis & Deane, call today at (609) 557-3081.

 "The opioid crisis is nothing short of sinister." Eric Eyre and Patrick McGinley from the West Virginia University College of Law, told the story of how a small town journalist discovered the cause of the opioid epidemic in Appalachia. Along the way, Mr. Eyre developed Parkinson's disease, won the Pulitzer Prize for his book and had his newspaper file for Chapter 11 relief. Prof. McGinley represented the newspaper pro bono in making open records act requests which were repeatedly rebuffed.   The story began in 2005 when William Bull Preece died in a ladder fall in a mine. His addiction to opioids contributed to his death. His sister Debbie compiled "the list of the dead," a listing of everyone within a ten mile radius who had died from opioids.  Eric Eyre was a journalist for the Charleston Gazette-Mail who covered the West Virginia statehouse among other duties. A new West Virginia Attorney General had just taken office. The AG moved to West Virginia to run for office. Before being elected, he had been a lobbyist for opioid manufacturers and his wife was still lobbying on behalf of the big big three manufacturers. He took over supervising cases brought by his predecessor but insisted that he would recuse himself from any participation in the cases. From, 2013-2016, he attended hearings in circuit court to monitor the case. He received a tip about the inaugural party. The paper filed a FOIA request and intervened in the state court action. When they did, they found out that everything in the case, including the complaint was sealed. He found it bizarre that a case brought on behalf of the people of West Virginia was kept secret from the people of West Virginia. The judge twice ruled that the complaints should be unsealed but the distributors argued that the complaint contained confidential business information.Then there was a FOIA battle to show that the Attorney General had not recused himself. The paper obtained documents showing that the Attorney General had given specific instructions for dealing with the cases and had personally met with executives of Cardinal Health. The paper received an email from the Attorney General's Office stating that it would face sanctions  if it published the story. The paper published the story anyway. While they did not face sanctions, the Attorney General's Office opened an antitrust investigation against the small paper. As the battle over unsealing the complaint proceeded, the AG said that he wanted to redact just words 18 words from the complaint. The Judge denied the request and it came out that the 18 words listed the number of opioids being sold in West Virginia from 20016-2012. The complaint got the number from information in a DEA database. The public had no idea that hundreds of millions of pills were being sold in their state. Eventually it turned out that 780 million pills had been brought into West Virginia. The opioid epidemic was facilitated by sham clinics. 50% of the entire prescriptions in the state of West Virginia came from a single clinic. Persons wanting prescriptions could get anything they wanted for $150 cash.  There was not even a doctor at the clinic. Employees used machines to print out prescriptions.  The epidemic was also facilitated by local pharmacies. Save Rite Pharmacy was described as an open air drug market.  Although it was located in a town of just 400, it was the sixth largest seller of opioids in the United States.  It filled thousands of prescriptions a day. The question was how did they get the opioids?  Debbie Preece followed a delivery truck around the county and took a picture of its license plate. The plate was traced back to Cardinal Health, one of the largest pharmaceutical companies in the country.  While trying to track down the source of the opioid crisis, Debbie Preece lost another brother to opiods. Her brother, the fire chief, responded to the call, but didn't have any Narcan to save his life.  Meanwhile Eric Eyre's newspaper filed for Chapter 11 bankruptcy. Despite having won the Pulitzer Price for his reporting, he had to reapply for his job.Plaintiff's lawyers smelled money and sued everyone in the supply chain. Eventually there were 3,000 cases which became part of a Multi-District Litigation.                                                                                                              Everyone knew there was a problem with opioids because of the number of deaths. The big question was where were the pills coming from. Were they coming from Mexican cartels?  The DEA database showed that the pills were coming from American manufacturers but the DEA fought its release. Eventually the Plaintiff's lawyers were able to get the database by sending FOIA requests to small counties which had information.  When the data came out, it was revealed that nationally there were 110 billion pills sold that killed half a million people.   "Everyone knew what was going on."Post-Script: In 2018, Attorney General Morrissey, whose inaugural ball helped launch the investigation, ran for U.S. Senate. He lost to Joe Manchin.My take-away from this program is that there was a cynical effort by government regulators in league with industry lobbyists, to conceal the nature of the opioid epidemic in this country. The DEA had the data but didn't want it released. A curious and determined reporter, aided by the sister of a victim, uncovered part of the story. Plaintiff's lawyers unearthed more of the story. Eventually it played out in bankruptcy courts. My summary doesn't really do the story justice. You can find the book, Death in Mud Lick, here. 

Wishing all a Happy and Healthy New Year! It’s a world of laughter, a world of tears.  It’s a world of hopes and a world of fears. There’s so much that we share that it’s time we’re aware it’s a small world after all. (from It’s a Small World (After All) by Richard & Robert Sherman) As this year comes to an end and a new one is about to begin, I pause to reflect on a year’s worth of dispute resolution.  Whether arbitrator, mediator, or advocate, at the core of each dispute, I find one immutable truth: all disputes involve people.  Thus, so do all dispute resolutions. While people are different in so many ways, we are also all the same.  We all laugh and cry.  We all have hopes and fears.  At our core, we have more in common than whatever may set us apart. Are you wondering what that has to do with dispute resolution?  Everything.  Whether in mediation, arbitration, or courthouse litigation, we often find the path to resolution through connection, sharing, and commonalities. In conflict, by human nature, we focus on our differences.  Different views of the facts or the law.  Different motivations.  Different personalities.  Different needs, wants, and interests.  And the difference between each party’s desired outcome. But it helps to also stop and reflect on what we have in common.  What facts are agreed upon?  Or law?  Are there any shared needs, wants, or interests?  What do the parties have in common?  How are they connected? In mediation, receptivity is often the key that unlocks resolution.  Receptivity is being open to new information, new ideas, and alternative outcomes.  Connection, sharing, and commonalities are tools to build receptivity.  Through sharing information, parties learn more about the strengths and weaknesses of their position.  Through active listening, empathy, honesty, and engagement, mediators connect with parties.  Through recognition of common challenges or goals, agreed on facts or law, and identification of other areas of consensus or commonality, parties may open pathways to a resolution not previously considered. In arbitration, many arbitrators (this one included) often require the parties to submit a stipulation of uncontested facts before the final hearing.  Ever wonder why?  I can only speak for myself, but these are my reasons: (a) it helps to streamline the hearing, (b) it provides me with a factual framework as I listen to the evidence, (c) by focusing on the areas of agreement, it may narrow or refine the issues to be addressed at the final hearing, and (d) by engaging in dialog around areas of agreement, it may lead to settlement negotiations.  Sometimes what the parties have in common becomes the bridge to resolution. There is just one moon and one golden sun and a smile means friendship to ev’ryone. (from It’s a Small World (After All) by Richard & Robert Sherman) Regardless of the dispute, for each participant, the sun rises in the morning and sets in the evening.  In between, we can work together to find the path to resolution.  It really is a small world after all. Author’s Note: As a mediator and an arbitrator, I am a “forever student” always seeking new ways to help people find a path to resolution.  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 addition, my family loves all things Disney, from the music to the shows to the parks.  This post was inspired by Disney’s “It’s a Small World” – the book, the song, and the ride.  Disclaimer:  Nothing contained herein constitutes legal advice nor does anything contained herein create a professional relationship. It's a Small World The post Dispute Resolution Insights: It’s a Small World appeared first on Sylvia Mayer Law.