The NJ Legislature has now passed S2476. It provides supplemental benefit payments to the dependents of essential employees who died in the course of employment due to the contraction of coronavirus disease 2019.
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Tuesday, March 2, 2021
Monday, October 21, 2013
The Future of Workers' Compensation
The deal President Barack Obama, Republican and Democratic lawmakers reached to reopen the federal government and raise the debt ceiling includes a bipartisan panel charged with producing a long-term budget agreement.
In remarks Thursday, the president called for a new era of bipartisan cooperation on Capitol Hill. “To all my friends in Congress, understand that how business is done in this town has to change,” the president said. He noted that the nation’s fiscal challenges are the “long-term obligations that we have around things like Medicare and Social Security. We want to make sure those are there for future generations. “ In a joint statement, Murray and Ryan pledged to work together to find a way around the automatic spending cuts known as “sequestration” now governing federal spending. “We hope we can reduce the deficit in a smarter way. We hope to restore stability to the budget process and end the lurching from crisis to crisis,” they said. Medicare currently accounts for 16 percent of the federal budget, a share that will grow as more baby... |
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Tuesday, June 22, 2021
NJ Court Upholds Bar on Implementing Triennial Determination
Monday, November 22, 2010
Congress Told Workers Compensation is a Deteriorating System
As Professor points out, the aging workforce further complicates the burden placed upon the nation's Medicare system. With the erosion of the doctrine that workers' compensation takes the worker as it finds him or her, medical treatment for pre-existing conditions will be a growing cost for Medicare and a cost-shift from the workers' compensation system. The NY Times reported that, "Nearly one-fourth of Medicare beneficiaries have five or more chronic conditions. They account for two-thirds of the program’s spending."
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Friday, November 27, 2009
Social Security's Inconsistencies
To read more about Social Security and productivity reports click here.
Thursday, September 18, 2014
Proposed Revisions to the Special Minimum Benefit for Low Lifetime Earners
Social Security's special minimum benefit is declining in relative value, does not provide a full benefit equal to the poverty threshold, and reaches fewer beneficiaries each year. Members of Congress and other key policymakers have proposed several methods for revising the special minimum benefit, either as part of reforming Social Security more broadly or as stand-alone policy options. Most of the new options would index the benefit to wages, helping ensure its sustainability into the future. The options differ in how they define a “year of coverage,” how many years of coverage are required to be eligible for any benefit increase, and how much the full benefit increase should be. Those choices will determine who will receive the benefit increase and how adequate their benefit will be. Glenn Springstead, Kevin Whitman, and Dave Shoffner are with the Office of Retirement Policy, Office of Retirement and Disability Policy, Social Security Administration. Questions about the analysis should be directed to the authors at (202) 358-6234, (202) 358-6317, and (202) 358-6210, respectively. Acknowledgments: The authors thank Natalie Lu, Mark Sarney, Melissa Favreault, Kathleen Romig, Hilary Waldron, and Craig Feinstein for their helpful comments and suggestions. The findings and conclusions presented in this brief are those of the authors and do not necessarily represent the views of the Social Security Administration. Summary
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Sunday, October 26, 2014
GOP changes tune on cutting Social Security with elections on the line
The focus of the upcoming, expensive, mid-term elections has moved away from Obamacare and toward other issues. This development may impact quite heavily upon medical delivery on a Federal level and may finally be a major concession that Universal Medical will just have to be accepted because of the need to rein in costs and for efficiency. Today's post is shared from washingtonpost.com/ Cutting federal health and retirement spending has long been at the top of the GOP agenda. But with Republicans in striking distance of winning the Senate, they are suddenly blasting the idea of trimming Social Security benefits. The latest attack came in Georgia, where the National Republican Campaign Committee posted an ad last week accusing Rep. John Barrow (D) of “leaving Georgia seniors behind” by supporting “a plan that would raise the retirement age to 69 while cutting Social Security benefits.” Crossroads GPS, the conservative nonprofit group founded by GOP strategist Karl Rove, has run similar ads against North Carolina Sen. Kay Hagan (D), Arkansas Sen. Mark Pryor (D) and Rep. Scott Peters (D-Calif.). Crossroads accused Hagan of supporting a “controversial plan” that “raises the retirement age.” Pryor’s opponent, Rep. Tom Cotton, meanwhile, is one of at least three Republican candidates in competitive Senate races who have released cheery ads promising to protect Social Security. In Colorado, Rep. Cory Gardner (R) appears in a new ad with his “Grandma Betty” and vows to “honor every penny we promised today’s seniors” — a pledge that seems to conflict with demands by Republican congressional leaders for a less-generous inflation formula to calculate seniors’ cost-of-living increases. Older voters typically dominate the electorate in non-presidential years, so the resort to... |
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Thursday, June 19, 2014
Social Security Agency Cuts Services as Demand Grows, Senate Report Says
The Social Security Administration is closing field offices and reducing services to the public even as demand for those services surges with the aging of the baby boom generation, according to a bipartisan Senate committee report.
The report, to be issued Wednesday by the Senate Special Committee on Aging, says the agency has closed more than two dozen field offices in the last year, generally without considering the needs of communities and without consulting beneficiaries or field office managers.
In deciding whether to close field offices, the Social Security Administration “excludes both its own managers and the affected public,” and the decisions often appear arbitrary, the report says.
The committee’s chairman, Senator Bill Nelson, Democrat of Florida, said, “Seniors are not being served well when you arbitrarily close offices and reduce access to services.”
He added, “The closure process is neither fair nor transparent and needs to change.”
The field offices served over 43 million people last year. About 10 percent of the visitors filed for benefits, and 30 percent were seeking new or replacement Social Security cards.
In testimony prepared for a committee hearing on the issue on Wednesday, Nancy A. Berryhill, a deputy commissioner at the agency, said its budget and work force had not kept pace with what she described as “a staggering 27 percent increase” in claims for retirement benefits, to 3.3...
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Tuesday, July 13, 2010
3d Circuit Denies SSDI Claim Where Work Comp Claims Alleged to be a Stressor
Click here for more information on office of Jon L. Gelman t. 973.696.7900 can assist you in a Social Security disability application/appeal.
Thursday, April 4, 2019
Trump Administration Proposes Elimination of the Reverse Offset
Thursday, June 20, 2019
New COLA Increase for Certain Dependents
Saturday, September 14, 2013
Listen to the GAO Podcast: Social Security Administration Improper Disability Insurance Payments
Social Security Administration Improper Disability Insurance Payments
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Tuesday, December 1, 2009
The Gift That Keeps Giving: The SSA Reverse Offset
The US Congress legislated that if a State had a recognized Social Security Offset Plan in effect on February 18, 1981, then the SSA would not offset workers' compensation benefits to those injured workers. In those jurisdictions, the offset is taken by the workers' compensation insurance carrier, who gains the advantage.
It was recently estimated that that over 583,923 individuals were receiving Social Security Disability Benefits. Of those, 156,096 were eligible for an offset to be taken by SSA. But, of those, 44,748 or 28.7%, were eligible for a reverse offset to be taken instead by the workers' compensation insurance companies.
To read more about Social Security and workers' compensation click here.
Those States that have been designated as "reverse offset"States, and are permitted have the workers' compensation carrier to take the credit are: California, Colorado, Florida, Louisiana, Minnesota, Montana, Nevada, New Jersey, New York, North Dakota, Ohio, Oregon, Washington and Wisconsin.
Wednesday, March 21, 2012
US Supreme Court Hears Arguments on The Entitlement of Children's Benefits
Justica report on Circuit Court Split:
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Tuesday, October 2, 2007
NJ Beneficiaries Wait for Supplemental Increase in Workers’ Compensation Benefits
Additionally NJ has side stepped the triennial increase that is provided for under the Social Security Regulations causing NJ’s injured workers not to be allowed to obtain any additional increases in benefits afforded by application of that provision of the Federal law.
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The Senate Labor Committee reports favorably Senate Bill No. 1005.
This bill provides, from July 1, 2006 forward, an annual cost of living adjustment in the weekly workers' compensation benefit rate for any worker who has become totally and permanently disabled from a workplace injury at any time after December 31, 1979 and for the surviving dependents of workers who have died from a workplace injury at any time after December 31, 1979.
The cost of living adjustment would be an amount such that, when added to the workers' compensation weekly benefit rate initially awarded, the sum would bear the same percentage relationship to the maximum benefit rate at the time of the adjustment that the initial rate bore to the maximum rate at the time of the initial award, except that the amount of the adjustment shall be reduced as much as necessary to ensure that the sum of the adjustment and the amount initially awarded does not exceed the amount which would cause any reduction of disability benefits payable under the Federal Old Age, Survivors and Disability Act. The amount of the adjustment would be paid from the Second Injury Fund (SIF), which is supported by a uniform assessment spread out evenly over all employers and insurers.
Current law requires such annual cost of living adjustments (COLAs) in the workers' compensation benefit rate for death and permanent total disability to be paid from the SIF, but only in cases in which the injury or death occurred before January 1, 1980. The bill extends the adjustments to cases originating after December 31, 1979, although the adjustments would apply only to benefits paid on those claims after July 1, 2006.
The bill makes no change in the provisions of sections 1 and 9 of P.L.1980, c.83 (C.34:15-94.4 and 34:15-94.5), which provide for the reduction of certain portions of workers' compensation benefits by the amount of Social Security disability benefits paid. In addition, the bill expressly states that the supplemental benefits shall not be paid in a manner which in any way changes or modifies the provisions of those sections.
Friday, September 27, 2013
ARE YOU OVEREXPOSING YOURSELF IN SOCIAL MEDIA?
While a Washington State law went into effect this weekend barring employers from requesting access to Facebook passwords, if your privacy settings are not tight, curious parties can randomly obtain information about you.
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Wednesday, February 10, 2010
Workers Compensation Countable as Income Despite Special Needs Trust
"A special needs trust that effectively exempts assets or income from inclusion in Medicaid eligibility calculation can be established for the benefit of an individual deemed disabled pursuant to 42 U.S.C.A. § 1382c(a)(3). 42 U.S.C.A. § 1396p(d)(4)(A). The disability determination, however, can only be made by the Social Security Administration or the state disability review team, and only based on the definition set forth in the federal statute. See N.J.A.C. 10:71-3.10 to -3.12(a). Hence, the workers' compensation court judgment as to petitioner's disability, issued by a judge in the workers' compensation context, is not dispositive of whether she is "disabled" pursuant to the federal definition. See N.J.A.C. 10:71-3.10. As the Director of DMHS stated, unless and until petitioner is found to be disabled by the Social Security Administration or the state disability review team, she is not entitled to protect her assets through the use of a special needs trust. See Determining Disability and Blindness, 20 C.F.R. § 404.1504 (2009); Determining Disability and Blindness, 20 C.F.R. § 416.904 (2009)."
http://lawlibrary.rutgers.edu/courts/appellate/a5632-07.opn.html
Note: N.J.A.C. 10:71-3.10 Disability and Blindness Factors
For purposes of determining medical eligibility for the Medicaid Only program, the disability and blindness standards shall be the same as for the Supplemental Security Income program under Title XVI of the Social Security Act, as amended by Public Law 92-603. 42 N.J. Reg. No. 4.
Friday, July 24, 2015
Social Security Disability Solvency: The Backbone of Workers' Compensation
Over the decades, for numerous economic, social and political factors, the nation's workers' compensation program has continued to diminish in it's ability to deliver as intended. Both the medical and indemnity components have been difficult to obtain, and have restricted what they do deliver.
Friday, February 22, 2019
Legislation to Reduce Violence in Workplace
Thursday, January 12, 2012
Top Disability Research Papers
The TOP 4 Papers for the Journal of Disability Income & Work Injury Compensation eJournal hits for the last 90 days have been the following:
Rank | Paper Title | |
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1 | Pregnancy as 'Disability' and the Amended Americans with Disabilities Act Jeannette Cox, University of Dayton School of Law, Date posted to database: November 19, 2011 Last Revised: November 19, 2011 | |
2 | What Should We Do About Social Security Disability Appeals? Richard J. Pierce, George Washington University Law School, Date posted to database: November 8, 2011 Last Revised: November 8, 2011 | |
3 | What Can We Learn from Analyzing Historical Data on Social Security Entitlements? Joyce Manchester, Jae Song, Government of the United States of America - Congressional Budget Office (CBO), U.S. Social Security Administration, Date posted to database: November 4, 2011 Last Revised: November 4, 2011 | |
4 | The Complex World of Workers' Compensation and Pharmaceutical Benefits Jon L. Gelman, Attorney, Date posted to database: November 17, 2011 Last Revised: November 17, 2011 ..... |
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