Social Security Benefits and Procedures Advocacy

Social Security Benefits and Procedures AdvocacySocial Security Benefits are another avenue which people may pursue to ensure that their medical needs and other living expenses are provided for later in their lives. Social Security is an important elder ctool which our elder law attorneys can use to help you plan for your later years.  Our experienced elder law lawyers will work with you to help plan to provide for care during your retirement.

According to Federal Social Security Law, a person is entitled to an old-age insurance benefit if he or she has made the required contributions or is otherwise insured; has attained age 62; and has filed application for old-age insurance benefits or was entitled to disability insurance benefits for the month before turning retirement age (between 65 and 67, depending on when you were born, or 62 for early retirement).

Qualifying people who claim Social Security will receive a monthly Social Security payment for the rest of their lives.  However, the amount of the payment will depend on the amount that the person paid into the system and when that person starts taking the payments, with higher monthly benefits for those who are able to wait longer to claim them.  Several variables go into the decision as to when to begin receiving Social Security payments, and the sooner that individuals or married couples can assess their particular needs and consider Social Security among all of their other retirement and other long-term planning options, the more options they will have to tailor their choices for their own benefit according to their own particular situation.  Factors going into the decision can include health issues, employment, marital status, and current financial situation.

Applications coming before the Social Security Administration can be approved or denied, but those whose applications are denied have due process rights and are entitled to a hearing.  Applicants who receive a denial can challenge the denial by filing an action in federal district court.  (In New Jersey, the United States District Court sits in Newark, Trenton and Camden.)  The time limit is short, however. Denied applicants have to request a review of the decision within 60 days after a decision – delay is costly.

The elder law attorneys at McLaughlin & Nardi, LLC, have experience in elder care planning, financial planning, and administrative law.  Frank Nardi, for instance, handles tax law, and wills, trusts, estates and estate planning.  In addition to being an attorney with many years of experience, Frank is also a licensed certified public accountant and certified financial planner. Maurice McLaughlin handles commercial and employment litigation and has extensive experience working in administrative law.  Jennifer Meusel handles estate planning, probate, and estate administration, and she also has considerable experience litigating cases including administrative law hearings.  This combined set of skills and experience makes our firm particularly well-suited to assist you with all of your elder law needs.

Call one of our New Jersey elder law attorneys at (973) 890-0004 or e-mail us to schedule a consultation.  We can assist you with all of your elder care financial planning and other legal needs. 

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