Can my veteran status speed up the SSD process?
On Behalf of Simon & Gilman, LLP | Dec 25, 2019 | Firm News |
As a veteran, you hold a special status in the country that can help you in many cases. You dedicated yourself to service this country, which is something that earn you recognition and the ability to receive services that are not available to civilians. One area in New York where you can see some benefits from your time in the service is when it comes to applying for Social Security Disability benefits.
According to the Social Security Administration, there is an expedited application process for SSDI if you are a veteran. You can use this process if you have a 100% permanent and total rating from Veterans Affairs. This allows you to seek a faster approval of your application than someone who goes through the normal application process.
Do keep in mind that this does not reduce or remove any of the basic requirements that you must meet. You still must meet all the requirements the SSA has set to qualify for these benefits. However, having the rating from the VA helps to expedite things because that eliminates the need to go through many of the verification processes to determine if you meet the SSA’s definition of disability for these benefits.
Remember that your disability must last for at least a year or more. In addition, you must be unable to work due to your condition. Typically, your VA rating will cover both of these requirements. With an expedited process, you will usually see a much faster decision on your application. This information is for education and is not legal advice.
Understanding probate basics
On Behalf of Simon & Gilman, LLP | Dec 13, 2019 | Firm News |
Most people in New York have heard others talk about probate when discussing wills and inheritances after someone dies. While a commonly experienced process, probate may often be misunderstood. It is important for people to have a sense of what probate is, when it happens and when it does not happen.
As explained by Dave Ramsey, probate is a process through which a deceased person’s debts are paid and assets are distributed to any heirs. The payment of debts includes the payments of any outstanding taxes as well as money owed to creditors or other entities. If the decedent had a will in place, the probate court will authenticate it prior to executing the instructions therein.
Some people do not want to have their assets go through a probate process. According to NerdWallet, one reason for this is that the proceedings of a probate action are public. Any person who prefers to keep their business private will want to set other things in place to avoid probate.
One way to keep assets out of probate court is to create a living trust. Assets can be retitled and named to the trust. The trustee manages the assets during and after a person’s life. Accounts that have beneficiaries are also kept outside of probate as the inheritances from those can be paid directly to the named beneficiaries. Property such as homes may be titled in two people’s names and identified as jointly owned with the right of survivorship. This allows ownership to pass immediately to the surviving party, avoiding the need for probate.
On Behalf of Simon & Gilman, LLP | Dec 11, 2019 | Firm News |
New York City schoolteachers owe students a general duty of care to ensure their safety and wellbeing while attending class. Rules may prohibit instructors from engaging in hazardous activities or using flammable materials when conducting a course. In the event that a teacher negligently breaches a duty of care, a student or a parent may file a legal action against a teacher, the school and its district.
During a chemistry class at a Manhattan high school, a teacher’s dangerous presentation of the “rainbow experiment” went awry. According to American School and University Magazine, a federal agency warned the public about the dangers of the rainbow experiment. During the past 15 years two other accidents had occurred.
Failure of duty
The science teacher, however, did not heed the warning and proceeded with the experiment. While demonstrating how mineral salts change color when exposed to a lit flame of methanol, a massive fireball exploded. The accident resulted in a 16-year-old student becoming covered in flames.
Some students in the lab were able to jump underneath their desks, and another student suffered first-degree burns. The student who found himself engulfed in flames, however, spent several months in a burn unit and various hospitals. He required skin graft operations, and because the flames burned deep into his skin, the injuries to his sweat glands left parts of his body without the ability to perspire.
Legal action for damages
Because the science teacher owed a duty of care to promote her students’ safety, she should have taken steps to reduce the possible dangers of the rainbow experiment. The student filed a legal action to recover some relief from his devastating burns. The jury found the schoolteacher and Department of Education liable for his personal injuries.
The verdict resulted in nearly $60 million worth of damages. The victim received $29 million for the rehabilitation he requires for the next 54 years. An additional $29 million award was for his pain and suffering.
What should I know about applying for SSDI?
On Behalf of Simon & Gilman, LLP | Dec 5, 2019 | Firm News |
When you pay your FICA taxes on every paycheck in New York, that money goes into a fund that helps pay Social Security Disability benefits. You and every other worker have rights to collect on this money if you meet the requirements for SSDI. However, those requirements are quite strict. Most people who apply for SSDI receive a denial. That is why you must prepare before you apply.
Kiplinger suggests that you begin with understanding the requirements set by the Social Security Administration for SSDI benefits. These include meeting work requirements and meeting the definition of disability set by the SSA. People of SSDI have severely debilitating conditions that prevent them from working and that will last at least one year.
You also need to complete the application fully. Do not leave out any information. Leave nothing blank. Provide clear and concise information. Make sure to include all documentation.
Understand that if the SSA does approve you for SSDI benefits, you will not get a lot of money. These benefits equal out to below minimum wage. You may need to cut your expenses to survive on these benefits or look for additional government benefits to supplement your income.
If you do not understand the application or you cannot find the information you need, make sure to get assistance. You must make sure you apply early, too. Do not wait because the approval process can take some time. If you receive a denial, it will take even more time to go through the appeal process. This information is for education and is not legal advice.
On Behalf of Simon & Gilman, LLP | Nov 19, 2019 | Firm News |
New York residents who qualify for social security disability insurance benefits may work in a limited capacity when it does not aggravate their medical issues. To receive SSDI, you must first show a diagnosis of an impairment that prevents you from substantially carrying out your work activities. Qualifying medical issues include mental disorders, respiratory illnesses and immune system conditions.
Depending on the status of your health, you may decide to take on a part-time job until you are able to recover and return to a fulltime position. If you find a position and earn less than $880 per month, you may continue to receive SSDI, as noted by U.S. News & World Report. Responsibilities that require heavy lifting, bending or repetitive motion, however, may exasperate certain medical conditions.
You may begin to notice a change in your SSDI eligibility if your work schedule increases and you are able to perform your duties without experiencing any debilitating effects. Once you begin to earn an income between $800 and $1200 per month, the Social Security Administration may review your case and decide to place you on a trial work period. If working on a limited schedule, however, appears to worsen your impairment and you quit the job, you may not lose your disability benefits.
By monitoring your schedule and income under the rules of a trial work period, the SSA begins to evaluate your ability to return to a fulltime position. Earning an income of more than $800 per month in nine months during the trial work period of 60 months may, however, disqualify you from receiving SSDI.
The information provided is for educational purposes only and not intended as legal advice.
On Behalf of Simon & Gilman, LLP | Nov 1, 2019 | Firm News |
Trauma from a car accident can affect the body in unexpected ways. Though not a frequent occurrence, vocal cord paralysis can result from trauma to the neck or torso and can be more dangerous than neck injuries, such as whiplash, more often associated with car accidents.
In addition to affecting your ability to speak, vocal cord paralysis may lead to aspiration or breathing problems, each of which has the potential to be life-threatening. However, when you begin having symptoms, you may not immediately make the connection between them and your car accident.
Causes
The vocal cords are inside your larynx, i.e., voice box. There are two of them, and most of the time they remain open to allow you to breathe. However, when you speak, they close together and vibrate, producing sound.
Vocal cord paralysis results when something disrupts the nerve signals traveling to your larynx. Trauma to the chest or neck, such as the kind that may occur during a car accident, can damage these nerves. As a result, either or both of the vocal cords can become paralyzed.
Complications
Vocal cord paralysis can obstruct your breathing by blocking your airway. This can range from mild to severe. When vocal cord paralysis occurs, it can prevent the airway from closing completely when eating. As a result, you could choke on your food and/or drink or aspirate it into your lungs.
Symptoms
It may be difficult to recognize the symptoms of vocal cord paralysis because they may mimic those of other upper respiratory conditions: ineffective coughing, hoarseness, frequent throat clearing. The sound of your voice may change in regard to volume, pitch and quality, becoming quieter, breathier, etc. When speaking, you may need to take breaths more frequently. You may lose your gag reflex and be more likely to cough or choke when swallowing.
Vocal cord paralysis may resolve on its own, but if it does not, there may be treatment options available. Discuss any troubling vocal symptoms or persistent hoarseness with your doctor.
On Behalf of Simon & Gilman, LLP | Oct 29, 2019 | Firm News |
In a traffic case that goes to criminal court in New York, perception matters almost as much as the facts in the case. Impairment of judgment because of alcohol may lead to unwise decisions, and emotions such as fear and panic may motivate a driver to leave the scene of an accident. Nevertheless, when presented with the facts, a jury may perceive the driver as unfeeling or heartless despite his or her emotional state at the time of the crash.
Authorities recently arrested a 55-year-old man in Long Island for allegedly striking an electric scooter with his vehicle, eventually resulting in the death of one young woman who was driving and injuring another who was a passenger on the scooter. The accident took place in Queens, and the man faces charges of leaving the scene of an accident, DWI and vehicular assault. He posted $150,000 in bail, and authorities released him.
The driver of the scooter was a 19-year-old woman from Queens. The scooter belonged to her father, and she had borrowed it to meet her sister at JFK airport. It is unclear whether she first received permission from her father before borrowing the scooter. Her passenger was her 23-year-old girlfriend. The man’s vehicle allegedly struck the scooter from behind, and the force of the collision reportedly threw the two women from the vehicle.
The 23-year-old passenger was in stable condition upon transportation to a nearby hospital for injuries to the hip and head. No information is available as to her current state of health. The 19-year-old driver of the scooter died after three days in the hospital from head injuries sustained in the crash.
The death of one of the scooter occupants could result in updated charges for the man who allegedly struck it. Those facing criminal charges related to drunk driving may wish to speak to an attorney.
On Behalf of Simon & Gilman, LLP | Oct 16, 2019 | Firm News |
As a New York resident who currently receives Social Security Disability benefits from the U.S. Social Security Administration, you probably value those benefits immensely and depend on them to support yourself. There are, however, certain circumstances and situations that can arise that can impact your disability benefits eligibility, and recognizing what these circumstances and situations are can help you steer clear of them.
According to the Motley Fool, one way you can relinquish eligibility for Social Security Disability Insurance is to return to work. Because these benefits seek to help severely disabled individuals, exclusively, returning to work and making a living on your own can make you ineligible to receive them moving forward. You may, however, be able to return to work on a trial basis for a set period while still utilizing SSDI benefits.
Another way you can lose the ability to obtain SSDI benefits is by reaching the age of retirement. In most cases, you will not be able to get SSDI and retirement benefits simultaneously, so once you hit retirement age, you will typically receive assistance through retirement benefits, rather than SSDI benefits.
A third factor that can impact your ability to receive SSDI benefits is having your condition improve. Again, because SSDI benefits are available only to the nation’s most seriously disabled, having your condition improve can make it no longer fit the administration’s strict definition of “disability,” at which point you will become ineligible for these benefits moving forward.
This copy is meant for informational purposes only and is not a replacement for legal advice.
How do I probate a will in New York?
On Behalf of Simon & Gilman, LLP | Oct 15, 2019 | Firm News |
When someone dies after naming you as an executor in his or her will, it is your job to manage and distribute the estate. Unless the estate is worth less than $30,000, this involves a legal proceeding called probate. In New York, probate is accomplished through the Surrogate’s Court. There are important rules you must follow to probate a will.
As the executor, you must first obtain the death certificate. If you do not have the original document, you can use a certified copy from the New York State Department of Health. Then, you must locate the original will. Next, you fill out a probate petition that includes a list of all the heirs to the estate. Once you have all of these documents, you must submit them to the Surrogate’s Court located in the county of the decedent’s primary residence. According to the New York State Unified Court System, certain courts allow you to file these documents online.
Once the Surrogate’s Court confirms you as the executor, the heirs must be notified of probate with a citation. This citation informs the beneficiaries that you have filed for the right to manage the estate. Heirs have the option to consent to your designation as the executor or show up in court to dispute it.
The judge will then determine whether the will is valid. If the judge is convinced that the will is valid, you will then carry out the wishes of the decedent while the Surrogate’s Court oversees the process.
This information is intended for educational purposes only and is not legal advice.
On Behalf of Simon & Gilman, LLP | Oct 8, 2019 | Firm News |
The risk of collision while riding your bicycle through Queens and New York City’s other four boroughs is now much higher and reflected by an alarming increase in serious bike accidents. As reported by ABC Eyewitness News, the severity of the circumstances has prompted the city’s mayor to declare the bicycle transportation situation an emergency. At the Queens office of Simon & Gilman, LLP, we understand how debilitating and catastrophic injuries can result in suffering, a loss of work and costly medical and rehabilitation treatments.
According to information provided by the state’s Department of Transportation, excluding injury-only accidents, the number of bicycle accidents resulting in fatalities is expected to rise to about 30 by the end of 2019. This is more than triple the amount of bicyclist deaths that occurred throughout the city’s streets in 2018.
Many contributing factors might be responsible for the increased number of bicycle accidents, such as the rise and popularity of bike sharing apps. Pedestrians, motorists and bicyclists may also find themselves involved in more collisions because of increased distractions from mobile devices.
While bicycle lanes account for 20% of NYC’s streets, only 8% of the lanes have protective barriers to prevent vehicles from steering into cyclists. Nevertheless, motorists are still able to find ways to block the lanes or park their cars in areas specifically designated for bicycles. While some bike riders are exercising a greater number and variety of safety precautions, such as wearing protective gear and reflective clothing, many may still end up being struck by vehicles and suffering severe or catastrophic injuries.
No one can foresee an injury-causing accident, but when one occurs, it may require a legal action to obtain monetary relief and get back to your normal lifestyle. Our page on bicycle accidents provides more information on how to recover for your injuries.
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