Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Wednesday, June 17, 2015

DURATIONAL WORK TEST




How Social Security determines if you are disabled is the same for all of these programs that apply to adults. A Social Security uses a five step process for disability.

If your child under 18 than the process to determine if you are disabled is different.


Durational Work Test to be eligible for Social Security Disability

To give you a general idea of how much work you would need to meet the durational test we have provided you a list below which shows generally how many years you must have worked to meet the durational test if you became disabled at a certain age. This list will not cover every situation and the best way to find out if you meet the requirement is to contact Social Security at 1-800-772-1213 as they will have your work record.

If one becomes disabled before age 28 then one would generally need 1.5 years of work

If one becomes disabled before age 30 then one would generally need 2 years of work

If one becomes disabled before age 34 then one would generally need 3 years of work

If one becomes disabled before age 38 then one would generally need 4 years of work

If one becomes disabled before age 42 then one would generally need 5 years of work

If one becomes disabled before age 44 then one would generally need 5.5 years of work

If one becomes disabled before age 46 then one would generally need 6 years of work

If one becomes disabled before age 48 then one would generally need 6.5 years of work

If one becomes disabled before age 50 then one would generally need 7 years of work

If one becomes disabled before age 52 then one would generally need 7.5 years of work

If one becomes disabled before age 54 then one would generally need 8 years of work

If one becomes disabled before age 56 then one would generally need 8.5 years of work

If one becomes disabled before age 58 then one would generally need 9 years of work

If one becomes disabled before age 60 then one would generally need 9.5 years of work

Recent Work Test to be eligible for Social Security Disability

As stated above, you must not only meet the durational test for work but also the recent works test to be eligible for Social Security disability benefits. The amount of work you need depends upon the age in which you became disabled. The rules are based on the quarter in which you turned or will turn a certain age. A year is separated into four quarters. In other words, there are three months in each quarter. The first quarter would be from January 1 to March 31. The second quarter is from April 1 through June 30. The third quarter is from July 1 until September 30. The fourth quarter is from October 1 through December 31.

If one becomes disabled in or before the quarter you turn 24 years old, then you would generally need one and half years of work during the three-year period ending with the quarter your disability began.

If one becomes disabled in the quarter after you became 24 years old but before the quarter you turned 31 years old. Then you would generally need, work during half the time for the period beginning with the quarter after you turn 21 and ending with the quarter you became disabled.

If one becomes disabled in the quarter they turned age 31 or later. Then you would generally need work during five years out of the 10 year period ending with the quarter your disability began.

This is general information and the best way to find out if you meet the test for recent work is to contact SSA at 1-800-772-1213.

DO NOT BE DISCOURAGED if your request for benefits is denied. This is quite common.  After receiving a denial,  you may call our office and we can assist in an appeal or reconsideration.

Remember, call today to speak with a New Jersey Social Security Disability Attorney for your free consult 800-709-1131

§  SSDI Questions
§  SSDI Eligibility
§  Duration Work Test
§  Applying for Benefits
§  Appeal SSDI Denial
§  5 Step Process to Determine Benefits
§  SSDI Disability Grid

Sunday, June 14, 2015

DIVORCE



                                                         

THINGS TO CONSIDER WHEN CONTEMPLATING DIVORCE

§  Divorce (contested and uncontested)
§  Custody and Parenting Time
§  Relocation from NJ with Children
§  Child Support
§  Adoption
§  College Expense Contribution
§  Alimony
§  Division of Marital Property and Debt
§  Mediation of Divorce and Family Issues
§  Family Law Arbitration (binding and non-binding)
§  Collaborative Divorce
§  Pre-Marital and Cohabitation Agreements
§  Legal Issues of Unmarried Partners or Cohabitants
§  Same Gender Cohabitation and Breakup Issues
§  Domestic Violence / Restraining Orders protecting abused spouses or partners

TYPES OF DIVORCE IN NEW JERSEY

Different Types of Divorce Explained 

No Fault Divorce – In New Jersey, you don’t necessarily need to file a complaint against your spouse when seeking a divorce. A No Fault Divorce may suit your needs if (all must be met):
§  You or your spouse has lived in New Jersey for 12 consecutive months prior to filing for divorce.
§  You and your spouse must have experienced irreconcilable differences for at least six months.
§  The irreconcilable differences make it appear that the marriage should be dissolved.
§  There is no reasonable prospect of reconciliation.

Fault Divorce – In New Jersey, despite the No Fault Divorce provision, a spouse can still bring a divorce complaint based on fault against their spouse. These grounds include:
§  Extreme cruelty - In the event a marriage is characterized by physical or mental cruelty, the complaining spouse must subjectively believe that it is unreasonable or improper  to remain cohabitated with the other spouse.
§  Adultery – No proof that adultery occurred is necessary. Rather, the complaining spouse can show by circumstantial evidence that the alleged unfaithful spouse had 1) the inclination to commit adultery, 2) the opportunity to commit adultery, and 3) the ability to commit adultery.
§  Desertion – This complaint is available to a spouse whose spouse has lived outside of the marital home for a period of 12 consecutive months prior to the filing date against the wishes of the complaining spouse.
§  Constructive desertion - This requires a spouse to actually desert a spouse against their wishes for a period of 12 consecutive months. (The 12 month period has to occur prior to the filing of the complaint for divorce.)
§  Habitual Intoxication – Available to a spouse when the other spouse is drunk or using drugs for a year prior to filing.
§  Imprisonment - This requires the spouse to be in prison for a period of 18 consecutive months prior to the filing date.
§  Institutionalization – For this to apply, the spouse must have been institutionalized for 22 years prior to filing.
§  Deviant sexual behavior – This ground for divorce is available to a spouse who has been subjected to depraved sexual conduct against their wishes
If you have questions about divorce in New Jersey, Call our Family Law Attorneys for a free consultation. 800-709-1131

Sunday, June 7, 2015

IDRC




Free Consultation 800-709-1131

Intoxicated Driving Resource Center (IDRC): 
What you need to know

describe the image

Anyone found guilty of a DUI/DWI is required to participate in the Intoxicated Driving Resource Center (IDRC) education program.
Typically, a first offender receives a 12-hour sentence and a second offender receives a 48-hour sentence.  However, being a State bureaucracy, the IDRC Centers may require additional time of each participant. As of recent, and with this newly recognized power, the IDRC centers typically do require “additional treatment”. New Jersey has an IDRC in each county for first and third-time offenders and three regional centers for second-time offenders.

During the program, participants attend Alcohol and Highway Safety Education courses which include lectures, tests and films.
IDRC also evaluates each offender for an alcohol or drug problem and determines the need for continued treatment.
If treatment is needed, the IDRC refers the offender to an appropriate provider for a minimum of 16 weeks of additional treatment.

Participants may be allowed supplement the treatment with attendance at a self-help group such as Alcoholics Anonymous.
The IDRC monitors compliance and will report noncompliance to the courts and Motor Vehicle Commission (MVC).
Satisfactory participation in IDRC is a requirement toward restoring your license. Failure to comply may result in additional license suspension and jail time.

IDRC fees and other related charges may apply:
•    $100 attendance fee  MVC
•    $230 first offender fee  IDRC
•    $280 second offender fee  IDRC
•    $100 license restoration fee  MVC

Resistance is Futile.  Once sentenced, it is in your best interest to comply with the IDRC requirements set forth by the court and the IDRC personally.  Failure to comply will only cost additional money in fines, center fees and attorney fees.

You May Contact the County IDRC centers at:
Atlantic  (609) 645-5945
Bergen  (201) 336-3310
Burlington  (609) 265-5857
Camden  (856) 225-5109
Cape May  (609) 465-9001
Cumberland & Salem  (856) 794-1011
Essex  (973) 395-8425
Gloucester  (856) 232-4840
Hudson  (201) 533-2437
Hunterdon  (908) 788-1900
Mercer  (609) 394-8988
Middlesex  (732) 745-4500
Monmouth  (732) 308-3713
Morris  (973) 538-5327
Ocean  (732) 341-9700
Passaic  (973) 777-2048
Salem & Cumberland  (856) 794-1011
Somerset  (908) 704-6304
Sussex  (973) 426-1420
Union  (908) 527-4791
Warren  (973) 538-5327
 
48–Hour IDRC 
North Region  Passaic County (973) 777-2048
Central Region  Monmouth County (732) 264-8210
South Region  Atlantic County (609) 645-5945

If you have been charged with a DUI and are in need of legal help from an experienced NJ DUI Attorney, call the Simon Law Group today, 1-800-709-1131