At the reconsideration stage, you can contest the claim that you were overpaid. Evidence can be presented, witnesses can testify (the judge can order witnesses to appear and testify), and Social Security Administration experts can be challenged by means of cross-examination. On the other hand, it is not unlawful for an employer to take action with regard to any employee for good cause, where age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or where the grounds for taking any action are based on reasonable factors other than age, and such factors are not a subterfuge to avoid the law against age discrimination. endstream endobj 136 0 obj <>stream 1981, c.226 (C.2A:18-61.22 et seq. Seniors and their families can also obtain information about in-home services such as friendly visiting, telephone reassurance, chore services, home health care and home-delivered meals. %PDF-1.7 % would extend the protection period under the Senior Citizen and Disables Protected Tenancy Act, which aims to protect senior citizens and people with disabilities from being pushed out of their apartments when they are converted into condos or co-ops. 22. However, to cope with the demographics of an aging population and the longer life span of the individual worker, the normal retirement age was increased gradually beginning in 1999. Usually determination is made on the basis of a doctors note. d. On or after the effective date of the "Senior Citizens and Disabled Protected Tenancy Act," P.L. In New Jersey, if one dies while married, a spouse generally cannot be disinherited. c. However the court shall not authorize any further stays at any time after one such stay has been authorized when the owner has also provided a tenant with hardship relocation compensation of waiver of payment of 5 months' rent. Even then, there are notice requirements and the nursing home must find an appropriate facility to which you can go before the eviction can proceed. Each SSI check has the words Supplemental Security Income on its face and has the month for which it is intended written plainly on it. hbbd``b`S@D[$X] For additional information, call(609) 292-4080or emailCustomer Service. You must also be a U.S. citizen living in the United States, or a legally admitted permanent resident of the United States, or a permanent resident living in this country under a special status such as a refugee. Typical examples are bank accounts, stock certificates and personal property, such as jewelry and motor vehicles. 58. 27. Its addressing a relatively small sliver of the overall rental market, and this is a large-scale national problem, he said. New Jersey Monitor maintains editorial independence. The real question is: How much can you earn and still get retirement checks? Continued disorderly conduct after written notice to cease (legal action may be started three days after a second written notice). If you fail to make your loan payments, a secured creditor is entitled to satisfy the debt by repossessing the item you purchased or promised as collateral if it is personal property, and to file a foreclosure action in court if it is real estate. The ADEA makes it unlawful for an employer to refuse to hire an individual or to discharge an individual or discriminate against a person with respect to his or her compensation or other terms and conditions of employment because of that individuals age. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. ) Other residential facilities can include a variety of settings, such as personal care homes, adult day care, and adult medical day care services. dc.contributor: Compiled by the New Jersey State Library: . 47. This program helps eligible New Jersey residents pay for most prescription drugs, testing materials and supplies. %%EOF You may want to get in touch with your insurance agent or the office where you pay health insurance premiums to discuss your health insurance needs in relation to Medicare protection. What effect will early retirement have on the benefits I receive? This is really apparent with some private pension plans, where benefit amounts are based on the income earned in the three or five years just prior to retirement rather than on average compensation throughout a career. To help solve these problems (even if you make it a general power of attorney which says your agent can do everything you would do if you were able to) your lawyer should list specific duties of your agent. If the amount at issue is $1,000 or more, you will also have the right to take your case to federal court. In NYC, tenants may contact the NYC Department of Finance at 311. An advance directive may be either a living will or a durable power of attorney for medical care or a combination of both. These quarters end March 31, June 30, September 30, and December 31. Benefits can be paid only for months you are eligible throughout the entire month. If you were employed in a foreign country, which has a totalization. 29. The law offers the protections for 40 years, and the new bill would extend the protections for the eligible tenants remaining lifetime., As a result of the COVID-19 pandemic, relocations have sharply increased, the lawmakers say in the bill, which also notes. 0000003391 00000 n If this reconsideration is denied, the Social Security Administration will withhold money or cut off the check, but you still will have all your rights to a hearing and to use the rest of the appeals process. Maybe you need it; maybe you wont. Board Members Tenants living in select municipalities within Nassau County and Westchester County may call DHCR at (914) 948-4434 to obtain an application and inquire about their municipalitys income and eligibility levels. How do I know if I have been discriminated against? There are differences, however, between the federal and state laws. We strive to hold powerful people accountable and explain how their actions affect New Jerseyans from Montague to Cape May. A durable power of attorney for medical care, also called a proxy directive, is a document in which you designate someone trustworthy to make those health decisions for you should you become unable to make them yourself. If such notice is not provided, you may apply the deposit against your rent and the landlord is not permitted to require that further security be posted. It would exclude hotels, motels, and other guest houses for transient and seasonal tenants. Tenants receiving notice under section 3 g. of P.L.1974, c. 49 may request of the landlord within 18 full months after receipt of such notice, and the landlord shall offer to the tenant, personally or through an agent, the rental of comparable housing or park site and a reasonable opportunity to examine and rent such comparable housing or park site. If the landlord fails to comply with those obligations, he or she may be liable to double damages, court costs and attorney fees. 0000056353 00000 n The secretary of health and human services was directed to promulgate regulations concerning annuities. You can ask for a reconsideration and waiver. After 60 days in the hospital, the patient is required to pay $228 per day toward expenses. Therefore, under the New Jersey law, the failure to treat an individual equally because of his or her age is unlawful not only in the employment context, but in housing, real estate and various other public accommodations. An attorneys advice and representation can be very helpful. An inter vivos trust is also commonly know as a living trust. There are two types of creditors: secured and unsecured. You might want to shop around for one that does. At that hearing you have a right to be represented by counsel and to present evidence, including testimony, to support your case. What is Supplemental Security Income? If you have been . Social Security will then figure your exact benefit rate. The court shall authorize 1-year stays of eviction with reasonable rent increases until such time as the court is satisfied that the tenant has been offered comparable housing or park site and provided a reasonable opportunity to examine and rent such housing or park site as requested pursuant to this section. The purpose of the Senior Citizen & Disabled Tenancy Act Appeals Board is to hear and determine appeals from decisions rendered by the Township Clerk under and pursuant to the Senior Citizens and Disabled Tenancy Act. What are the other programs that are available? The penalty is a period of ineligibility for Medicaid, determined by dividing the value of the assets transferred by the average cost of a nursing home in New Jersey. Can I question the decision made on my SSI claim? If you should become incapacitated without having made any of the choices listed above, there are still other alternatives available to you to permit other people to handle your affairs. Under other circumstances your real estate may be sold at a sheriffs sale to satisfy the judgment. 78. shall remain in full force and effect. 0000004526 00000 n If you are a beneficiary interested in direct deposit, you should go to your financial institution and sign an authorization, Form 1199, which will be sent to the Treasury Department. Disabled persons may also apply to have their rent frozen under the D.R.I.E program. a. When opening your direct deposit account, it would also be prudent to execute a power of attorney at the same time at the bank. 0000003686 00000 n The Rent Laws provide certain protections to senior citizens, disabled tenants and/or their spouses against eviction based on owner occupancy. Residents of a nursing home have the same rights as they had when they lived in an apartment or their home. An assisted living residence is a facility that provides apartment-style housing and congregate dining while assuring that assisted living services are available when needed. 64. What are the rights of boarding home residents? If your source of income is Social Security, the law permits a person designated by the Social Security Administration to receive and use your benefits for your necessities. The first bill would help a relatively small number of people, Chen said, but the legislation seeking to expand cash payment receipts to small landlords would apply to a substantial number of renters who have historically had fewer protections than people renting from large landlords. 0000002753 00000 n You can explore additional available newsletters here. When it comes to ownership of the home, joint ownership between husband and wife may be desirable because upon death of a spouse, the home is transferred to the surviving spouse, even if the spouse died without a will. Noncompliance; failure to pay rent; effect. A company pension, for instance, may influence your decision. You should notify the landlord of the need for repairs and allow him or her reasonable time to act upon your request. If a non-disabled worker retires after age 62 but before normal retirement age, the Social Security check is reduced by 5/9th of one percent for each month between the age of actual retirement and the then prevailing normal retirement age. Tenants can sue landlords who violate this law to restrain the landlord from denying the tenant's rights, and to recover actual damages and court costs. There is no time limit on the retroactivity of benefits when an underpayment is discovered. Several options are available in bankruptcy, and it is very important to review all the facts of your situation and all the choices very carefully. d. Substantial violation of rules and regulations in lease (legal action may be started one month after the second written notice). Exploitation means the act or process of illegally or improperly using a person or his or her resources for another persons profit or advantage. You should discuss your medical care preferences at length with any person or persons you choose as your proxy decision maker. In a situation where Medicaid has advised you that it intends to discontinue the payment of benefits, you may have a right to have benefits continued until your appeal has been decided. Making arrangements ahead of time for your own funeral can assure you that your wishes will be carried out. 0000026829 00000 n What is a summary of grandparents rights in the state of New Jersey? States administrative law judge. Within 60 days after the mailing of the bill, you must notify the creditor, in writing, of your name and account number, the suspected error, why you believe the bill is wrong, and the suspected amount of the error or the item you want explained. There are waiting lists for nursing home beds in many parts of the state, and those lists are longer for applicants who will enter as Medicaid or General Assistance eligibles than for those with substantial private resources. A waiver request asks that you not be made to pay the money back even if the finding of overpayment is correct. Residents of rooming and boarding facilities licensed by the New Jersey Department of Community Affairs may not ordinarily be evicted from such premises except for good cause as defined in New Jerseys Just Cause for Eviction Act. Or persons you choose as your proxy decision maker much can you earn and still get checks. 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