The Chartwell Chronicles: Permanent Disability
Physician Employment Agreements: Focus on Financial Planning
An Overview of New Jersey Workers' Compensation
An Overview of Massachusetts Workers' Compensation
Workers' Compensation Academy: Requests by Defense Counsel – A Defense Analysis of Materials Needed from Carriers and Clients for NJ Workers' Compensation Claims
An Overview of New York Workers' Compensation
Workers' Compensation Academy: Pennsylvania COVID-19 Update: Layoff or Furlough from Light Duty as a Result of COVID-19
The U.S. Social Security Administration is simplifying the disability evaluation it uses for its Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs. The agency will now review...more
Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are two federal disability benefits programs that provide monetary assistance for people with disabilities. Both programs allow recipients who...more
What is SSI? SSI is a government program that provides monthly payments to adults and children who have income and resources below specific financial limits and who meet one of the following criteria: They are 65 or older...more
Social Security Disability Insurance (SSDI) is a federal program primarily designed to aid people who have become disabled after having worked for a certain amount of time. Although the typical SSDI recipient has worked for a...more
To qualify for Supplemental Security Income (SSI), a federal program that provides people with disabilities a monthly stipend, individuals must conform to very strict income and asset limits. Often, SSI beneficiaries who...more
Do you prefer face-to-face meetings? Do you struggle getting through a phone tree or finding what you need online? Many of our clients receive Social Security Retirement benefits, Social Security Disability benefits, and...more
The Pennsylvania Workers’ Compensation Act (Act) was amended in 1996 to allow an employer to take an offset against workers’ compensation wage loss benefits for 50% of Social Security retirement benefits received, if that...more
In Perez v. Lincoln Nat'l Life Ins. Co., 2021 U.S. App. LEXIS 1495 (9th Cir. Jan. 20, 2021), the Ninth Circuit held that a district court reviewing a denial of disability benefits under ERISA may consider a Social Security...more
On April 22, 2021, the Supreme Court decided Carr v. Saul, a case with interesting parallels to Arthrex, which deals with appointments clause challenges to the PTAB judges and which will be decided later this Term. In Carr,...more
AMG Capital Management, LLC v. FTC, No. 19-508: Petitioner Scott Tucker controlled a number of companies offering short-term payday loans. The Federal Trade Commission (“FTC”) brought suit, claiming that Tucker and his...more
As we look ahead to 2021, we start our second edition of Hinshaw's LHD/ERISA Advisor by reporting on key cases that closed out 2020. Through The Advisor, our team of attorneys nationwide strive to report on legal developments...more
Plaintiffs seeking recovery of group disability benefits under ERISA-governed plans routinely argue that claim fiduciaries failed to adequately consider and/or account for decisions by the Social Security Administration...more
The Internal Revenue Service (IRS) has issued final regulations covering tax-free savings accounts that allow people with disabilities and their families to save and pay for disability-related expenses without jeopardizing...more
Advocates are warning that a little-noticed proposed rule change could result in hundreds of thousands of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) recipients, many of them children,...more
The federal government recently released its 2020 Supplemental Security Income (SSI) and Spousal Impoverishment guidelines. The guidelines, which took effect on January 1, 2020, set the SSI Federal benefit rate at $783.00 for...more
The way the government calculates inflation affects eligibility for numerous programs -- ranging from Medicaid to Supplemental Security Income (SSI) to food stamps -- that are relied on by people with disabilities. Now, the...more
The justices of the Supreme Court of the United States have again limited the reach of Chevron deference. On May 28, 2019, the Court in Smith v. Berryhill carved another exception into what has lately proven to be its...more
On May 28, 2019, the U.S. Supreme Court decided Smith v. Berryhill, holding a dismissal by the Social Security Administration’s Appeals Council on timeliness grounds after a claimant has had an administrative law judge...more
With the aging population becoming increasingly tech savvy, the Social Security Administration (SSA) has moved a lot of services online. From applying for Social Security benefits to replacing a card, the SSA has online tools...more
In January 2018, the U.S. Department of Labor (DOL) announced that final regulations affecting how some ERISA plans process claims and appeals will apply beginning April 1, 2018. As explained below, the final regulations...more
Beginning April 1, 2018, new disability claim regulations may apply to some executive compensation arrangements. Given this pending regulatory deadline, employers need to analyze which of their executive compensation...more
On October 10th the Department of Labor (DOL) proposed to extend by 90 days the applicability date for the Final DOL Claims Procedure Regulations (Rule) from January 1, 2018 to April 1, 2018. At the beginning of this year,...more
The Social Security Administration and the Federal Trade Commission recently issued warnings for people to be on the lookout for identity thieves seeking personal information in connection with disability benefit...more
Supplemental Security Income (SSI) is a federal program that helps people with disabilities and very low incomes pay for food, clothing and shelter. Unlike some other disability benefits, SSI is a "needs-based" program, which...more
Applying for disability benefits from the federal government through the Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) programs can be a daunting task. Here is a brief overview of how the...more