Family Law

Assistance Needed

  • 1.  Assistance Needed

    Posted 01-19-2016 11:43 AM

    Listmates,

    I am reaching out to you to seek some personal assistance relative to a medical procedure that I underwent. On or about October 2, 2015 i was diagnosed with a malignant brain tumor. On October 5th I was operated on for its removal. Since then I have been home recovering and underwent Round 1 of Chemotherapy and Radiation. I will be commencing Round 2 of Chemotherapy in about 2 weeks and just recently began participation in a trial study for a medication that is supposed to train the cancer cells to "reject" any new growth. It sounds promising and time will tell. But for the foreseeable future I am shutting down my law practice, due to the fact that my doctor has advised that one of the affects of the radiation is that in the process of radiating the cancer cells there was some spillover to the healthy cells and that will cause me to suffer from permanent short term memory loss. This will negatively affect my ability to practice law and unfortunately when I do recognize this as an issue it may be too late. While time will tell as to how bad it becomes and there are coping mechanisms, I need to look out for both me and my family.

    I am reaching out to you due to a situation that I have encountered. As the owner of a sole member LLC I applied for NJ Short Term Disability. The application was rejected due to the fact that I am the owner of this business. I also have a private disability insurance policy and have made application for benefits. That application is pending, but I am anticipating that the insurance company will give me a hard time and will probably allege that I have the ability to return to work in some capacity.

    My recollection is that as a Certified Attorney that we are held to the level of being an "expert". If that is accurate, what I am seeking is assistance from someone who could opine--on their letterhead--that this is the standard that I am held to which would give me a fighting chance in receiving these benefits.

    I thank you all in advance for reading this and hope to hear some good news.

    ------------------------------
    Robert Kane Esq.
    Wyckoff NJ
    (201)485-8307
    ------------------------------


  • 2.  RE: Assistance Needed

    Posted 01-19-2016 01:42 PM

    Robert,

    So sorry for what you are going through and facing.

    The most important thing you could do right now is to take your disability insurance policy and have it examined by a lawyer who has experience handling disability law cases.  Not a GP, not a family law, but a true expert in disability cases.  Your policy is private, so there are no ERISA issues, which makes it easier.

    The thing to watch for is the definition of "occupation":  is it ANY occupation, or YOUR occupation?  If the former, then you will have a harder time making your case, until you are truly unable to work.  If the latter, then you will have an easier time making a claim, as soon as you can't do what you actually do as a family law professional.

    You showed courage just by writing to your colleagues in your time of need, and I am sure others will reach out to you, online and off.

    Very best of luck, medically and otherwise.

    Hanan

     


    hanan.gif

    Hanan M. Isaacs, Esq.

     

    t 609.683.7400   f 609.921.8982

    e [email protected]   w www.hananisaacs.com

    4499 Route 27, Kingston NJ

     

    Listmates, I am reaching out to you to seek some personal assistance relative to a medical procedure that I underwent. On or about October 2,... -posted to the "Family Law Section" community

    Family Law

      Post New Message

     

    Assistance Needed

    Image removed by sender. Robert J. Kane, Esq

    Jan 19, 2016 11:43 AM

    Robert J. Kane, Esq

    Listmates,

    I am reaching out to you to seek some personal assistance relative to a medical procedure that I underwent. On or about October 2, 2015 i was diagnosed with a malignant brain tumor. On October 5th I was operated on for its removal. Since then I have been home recovering and underwent Round 1 of Chemotherapy and Radiation. I will be commencing Round 2 of Chemotherapy in about 2 weeks and just recently began participation in a trial study for a medication that is supposed to train the cancer cells to "reject" any new growth. It sounds promising and time will tell. But for the foreseeable future I am shutting down my law practice, due to the fact that my doctor has advised that one of the affects of the radiation is that in the process of radiating the cancer cells there was some spillover to the healthy cells and that will cause me to suffer from permanent short term memory loss. This will negatively affect my ability to practice law and unfortunately when I do recognize this as an issue it may be too late. While time will tell as to how bad it becomes and there are coping mechanisms, I need to look out for both me and my family.

    I am reaching out to you due to a situation that I have encountered. As the owner of a sole member LLC I applied for NJ Short Term Disability. The application was rejected due to the fact that I am the owner of this business. I also have a private disability insurance policy and have made application for benefits. That application is pending, but I am anticipating that the insurance company will give me a hard time and will probably allege that I have the ability to return to work in some capacity.

    My recollection is that as a Certified Attorney that we are held to the level of being an "expert". If that is accurate, what I am seeking is assistance from someone who could opine--on their letterhead--that this is the standard that I am held to which would give me a fighting chance in receiving these benefits.

    I thank you all in advance for reading this and hope to hear some good news.

    ------------------------------
    Robert Kane Esq.
    Wyckoff NJ
    (201)485-8307
    ------------------------------

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  • 3.  RE: Assistance Needed

    Posted 01-19-2016 02:27 PM
    I couldn't agree with Hanan more about the need to have an expert carefully review your private disability policy.  In addition to the definition for "occupation" under the policy, there are likely time requirements aka traps for the unwary.  There is likely a waiting period before payments commence.  There also might be a clause which limits payments to situations where your physicians predict you will be disabled/unable to practice your occupation for X months.  It is important you are able to inform your treating physicians as to what information they should provide in their affidavits/letters.  The better the affidavits/letters the first time you apply, the less potential for initial rejection.  Or at least less time and energy wasted on back and forth shenanigans.

    I am so sorry you are experiencing medical issues.  I wish you a full and speedy recovery.  And I hope your disability application process goes smoothly so you can focus all your energy on getting better.

    Anne

    Anne Cralle, Esq.
    LAW OFFICE OF ANNE CRALLE
    Limited Liability Company
    276 Main St.
    Metuchen, NJ 08840
    (732) 829-5805

     





  • 4.  RE: Assistance Needed

    Posted 01-19-2016 05:08 PM

    Robert:

     

    I second Hanan's advice as well as his sympathies for your ordeal.

     

    The best disability lawyer I know is Bonny Rafel, Esq. I have referred several cases to her. She is top notch. http://www.disabilitycounsel.com/bonny-g-rafel-esq.html

     

    Feel free to mention my name if you contact her. Best of luck and you are in all of our prayers.

     

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.

    610 Bridge Plaza Drive

    Manalapan, NJ 07726

    (732) 972-1600
    Fax (732) 972-0038
    E-mail: [email protected]
    Member, Middlesex County Bar Association, New Jersey Association for Justice and New Jersey State Bar Association

         

     

    IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding any tax penalty or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

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  • 5.  RE: Assistance Needed

    Posted 01-20-2016 10:46 AM
    Robert -
    <x-tab>        </x-tab>I also have little to add to what Hanan said, but also want to express my support. There are new treatments and new technologies that are very nearly here (nanobees being used this year for the first time to treat cancers); I hope they're here in time and helpful to you. Please let us know what we can do to help.
    <x-tab>        </x-tab>It's also good general information for us to be aware of -- if we're the sole shareholder (or above a certain %) of a PC, even though we have to pay into both NJ disability and NJ Unemployment, we're apparently eligible for neither if we, you know, actually need to collect on those policies. Can't even get the premiums paid to the State refunded. It's been on my list of dragons to slay -- grossly unfair.
    <x-tab>        </x-tab>Again, let us know what we can do to help and please know you have our support.


    <x-sigsep>

    - Dave

    David Perry Davis, Esq.
    ----------------------------------------------------
       www.FamilyLawNJ.pro
    ----------------------------------------------------
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222

    </x-sigsep>





  • 6.  RE: Assistance Needed

    Posted 01-20-2016 02:59 PM

    Thank you for your thoughts. It has been a tough road thus far, but there is some light. So far the MRIs have not shown any reoccurrence in the cancer. So that is good and I did qualify for an open trial study of a new immunotherapy which is supposed to teach the body to reject any new growth of the cancer cells.

    So all good news.

     

     

    Robert J. Kane

     

    Robert J. Kane, Esq.

    Robert J. Kane, Esq., LLC

    279 Franklin Avenue

    Wyckoff, NJ 07481                             

    201-485-8307-phone

    201-485-8308-fax

     

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  • 7.  RE: Assistance Needed

    Posted 01-19-2016 02:19 PM

    Robert,

    Let me qualify my response a little:

    You want a lawyer who regularly and expertly handles disability INSURANCE cases.  I am not talking about Social Security Disability here, which is a totally separate issue.

    Depending on your diagnosis and prognosis, issues of estate planning, "elderlaw", disability, etc., may come into play. 

    But the "right now" involves disability insurance questions and claims.  A good lawyer can make a big difference in the outcome of your discussions with the insurance carrier.

    Hanan

     


    hanan.gif

    Hanan M. Isaacs, Esq.

     

    t 609.683.7400   f 609.921.8982

    e [email protected]   w www.hananisaacs.com

    4499 Route 27, Kingston NJ

     

    Jan 19, 2016 11:43 AM Listmates, I am reaching out to you to seek some personal assistance relative to a medical procedure that I underwent.... -posted to the "Family Law Section" community

    Family Law

      Post New Message

     

    Re: Assistance Needed

    Image removed by sender. Hanan M. Isaacs, Esq

    Jan 19, 2016 1:42 PM

    Hanan M. Isaacs, Esq

    Image removed by sender.

     

     

    Robert,

    So sorry for what you are going through and facing.

    The most important thing you could do right now is to take your disability insurance policy and have it examined by a lawyer who has experience handling disability law cases.  Not a GP, not a family law, but a true expert in disability cases.  Your policy is private, so there are no ERISA issues, which makes it easier.

    The thing to watch for is the definition of "occupation":  is it ANY occupation, or YOUR occupation?  If the former, then you will have a harder time making your case, until you are truly unable to work.  If the latter, then you will have an easier time making a claim, as soon as you can't do what you actually do as a family law professional.

    You showed courage just by writing to your colleagues in your time of need, and I am sure others will reach out to you, online and off.

    Very best of luck, medically and otherwise.

    Hanan

     

     

    Image removed by sender. hanan.gif

    Hanan M. Isaacs, Esq.

     

    t 609.683.7400   f 609.921.8982

    e [email protected]   w www.hananisaacs.com

    4499 Route 27, Kingston NJ

    Image removed by sender.

    Image removed by sender.

     

    Listmates, I am reaching out to you to seek some personal assistance relative to a medical procedure that I underwent. On or about October 2,... -posted to the "Family Law Section" community

    Family Law

      Post New Message

     

    Assistance Needed

    Image removed by sender. Image removed by sender. Robert J. Kane, Esq

    Jan 19, 2016 11:43 AM

    Robert J. Kane, Esq

    Listmates,

    I am reaching out to you to seek some personal assistance relative to a medical procedure that I underwent. On or about October 2, 2015 i was diagnosed with a malignant brain tumor. On October 5th I was operated on for its removal. Since then I have been home recovering and underwent Round 1 of Chemotherapy and Radiation. I will be commencing Round 2 of Chemotherapy in about 2 weeks and just recently began participation in a trial study for a medication that is supposed to train the cancer cells to "reject" any new growth. It sounds promising and time will tell. But for the foreseeable future I am shutting down my law practice, due to the fact that my doctor has advised that one of the affects of the radiation is that in the process of radiating the cancer cells there was some spillover to the healthy cells and that will cause me to suffer from permanent short term memory loss. This will negatively affect my ability to practice law and unfortunately when I do recognize this as an issue it may be too late. While time will tell as to how bad it becomes and there are coping mechanisms, I need to look out for both me and my family.

    I am reaching out to you due to a situation that I have encountered. As the owner of a sole member LLC I applied for NJ Short Term Disability. The application was rejected due to the fact that I am the owner of this business. I also have a private disability insurance policy and have made application for benefits. That application is pending, but I am anticipating that the insurance company will give me a hard time and will probably allege that I have the ability to return to work in some capacity.

    My recollection is that as a Certified Attorney that we are held to the level of being an "expert". If that is accurate, what I am seeking is assistance from someone who could opine--on their letterhead--that this is the standard that I am held to which would give me a fighting chance in receiving these benefits.

    I thank you all in advance for reading this and hope to hear some good news.

    ------------------------------
    Robert Kane Esq.
    Wyckoff NJ
    (201)485-8307
    ------------------------------

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      Reply to Group Online   View Thread   Recommend   Forward  


    Listmates,

    I am reaching out to you to seek some personal assistance relative to a medical procedure that I underwent. On or about October 2, 2015 i was diagnosed with a malignant brain tumor. On October 5th I was operated on for its removal. Since then I have been home recovering and underwent Round 1 of Chemotherapy and Radiation. I will be commencing Round 2 of Chemotherapy in about 2 weeks and just recently began participation in a trial study for a medication that is supposed to train the cancer cells to "reject" any new growth. It sounds promising and time will tell. But for the foreseeable future I am shutting down my law practice, due to the fact that my doctor has advised that one of the affects of the radiation is that in the process of radiating the cancer cells there was some spillover to the healthy cells and that will cause me to suffer from permanent short term memory loss. This will negatively affect my ability to practice law and unfortunately when I do recognize this as an issue it may be too late. While time will tell as to how bad it becomes and there are coping mechanisms, I need to look out for both me and my family.

    I am reaching out to you due to a situation that I have encountered. As the owner of a sole member LLC I applied for NJ Short Term Disability. The application was rejected due to the fact that I am the owner of this business. I also have a private disability insurance policy and have made application for benefits. That application is pending, but I am anticipating that the insurance company will give me a hard time and will probably allege that I have the ability to return to work in some capacity.

    My recollection is that as a Certified Attorney that we are held to the level of being an "expert". If that is accurate, what I am seeking is assistance from someone who could opine--on their letterhead--that this is the standard that I am held to which would give me a fighting chance in receiving these benefits.

    I thank you all in advance for reading this and hope to hear some good news.

    ------------------------------
    Robert Kane Esq.
    Wyckoff NJ
    (201)485-8307
    ------------------------------



     

     

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  • 8.  RE: Assistance Needed

    Posted 01-19-2016 02:37 PM

    Try Bonny Rafel in Whippany

     

    Patricia Tuckman, Esq.

    Budd Larner, P.C.

    150 JFK Parkway

    Short Hills, New Jersey 07078

    (973) 315-4486 (Phone)

    (973) 315-4489 (Fax)

     




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  • 9.  RE: Assistance Needed

    Posted 01-19-2016 04:35 PM

    Robert, I was so saddened to read your post. I note that Hanan gave you some good advice so I have nothing to add other than I wish you well as you deal with both your health issues and the ongoing need to support yourself and your family. As a solo practitioner who could not get disability insurance because of a chronic condition that made me ineligible early on in my career I especially sympathize with your plight. Best wishes for a full recovery. Sharon Ransavage

     






  • 10.  RE: Assistance Needed

    Posted 01-19-2016 05:41 PM

    I looked up Bonnie's work, and it is indeed impressive.  Here is access to her blog:

    http://www.newjerseydisabilitylawyerblog.com/

    Hanan

     


    hanan.gif

    Hanan M. Isaacs, Esq.

     

    t 609.683.7400   f 609.921.8982

    e [email protected]   w www.hananisaacs.com

    4499 Route 27, Kingston NJ

     

    Robert: I second Hanan's advice as well as his sympathies for your ordeal. The best disability lawyer I know is Bonny Rafel, Esq. I have... -posted to the "Family Law Section" community

    Family Law

      Post New Message

     

    Re: Assistance Needed

    Image removed by sender. Robert E. Goldstein, Esq

    Jan 19, 2016 5:08 PM

    Robert E. Goldstein, Esq

    Robert:

     

    I second Hanan's advice as well as his sympathies for your ordeal.

     

    The best disability lawyer I know is Bonny Rafel, Esq. I have referred several cases to her. She is top notch. www.disabilitycounsel.com/bonny-g-rafel-esq.html

     

    Feel free to mention my name if you contact her. Best of luck and you are in all of our prayers.

     

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.

    610 Bridge Plaza Drive

    Manalapan, NJ 07726

    (732) 972-1600
    Fax (732) 972-0038
    E-mail: [email protected]
    Member, Middlesex County Bar Association, New Jersey Association for Justice and New Jersey State Bar Association

         

     

    IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding any tax penalty or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

    Privileged Information: This message, together with any attachments, is intended only for the use of the individual or entity to which it is addressed and may contain information that is legally privileged, confidential and/or exempt from disclosure. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this message, or any attachment, is strictly prohibited. If you have received this message in error, please delete this message, along with any attachments, from your computer. Thank you
    .

     




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    Image removed by sender.

     

     

    Robert,

    So sorry for what you are going through and facing.

    The most important thing you could do right now is to take your disability insurance policy and have it examined by a lawyer who has experience handling disability law cases.  Not a GP, not a family law, but a true expert in disability cases.  Your policy is private, so there are no ERISA issues, which makes it easier.

    The thing to watch for is the definition of "occupation":  is it ANY occupation, or YOUR occupation?  If the former, then you will have a harder time making your case, until you are truly unable to work.  If the latter, then you will have an easier time making a claim, as soon as you can't do what you actually do as a family law professional.

    You showed courage just by writing to your colleagues in your time of need, and I am sure others will reach out to you, online and off.

    Very best of luck, medically and otherwise.

    Hanan

     

     

    Image removed by sender. hanan.gif

    Hanan M. Isaacs, Esq.

     

    t 609.683.7400   f 609.921.8982

    e [email protected]   w www.hananisaacs.com

    4499 Route 27, Kingston NJ

    Image removed by sender.

    Image removed by sender.

     

    Listmates, I am reaching out to you to seek some personal assistance relative to a medical procedure that I underwent. On or about October 2,... -posted to the "Family Law Section" community

    Family Law

      Post New Message

     

    Assistance Needed

    Image removed by sender. Image removed by sender. Robert J. Kane, Esq

    Jan 19, 2016 11:43 AM

    Robert J. Kane, Esq

    Listmates,

    I am reaching out to you to seek some personal assistance relative to a medical procedure that I underwent. On or about October 2, 2015 i was diagnosed with a malignant brain tumor. On October 5th I was operated on for its removal. Since then I have been home recovering and underwent Round 1 of Chemotherapy and Radiation. I will be commencing Round 2 of Chemotherapy in about 2 weeks and just recently began participation in a trial study for a medication that is supposed to train the cancer cells to "reject" any new growth. It sounds promising and time will tell. But for the foreseeable future I am shutting down my law practice, due to the fact that my doctor has advised that one of the affects of the radiation is that in the process of radiating the cancer cells there was some spillover to the healthy cells and that will cause me to suffer from permanent short term memory loss. This will negatively affect my ability to practice law and unfortunately when I do recognize this as an issue it may be too late. While time will tell as to how bad it becomes and there are coping mechanisms, I need to look out for both me and my family.

    I am reaching out to you due to a situation that I have encountered. As the owner of a sole member LLC I applied for NJ Short Term Disability. The application was rejected due to the fact that I am the owner of this business. I also have a private disability insurance policy and have made application for benefits. That application is pending, but I am anticipating that the insurance company will give me a hard time and will probably allege that I have the ability to return to work in some capacity.

    My recollection is that as a Certified Attorney that we are held to the level of being an "expert". If that is accurate, what I am seeking is assistance from someone who could opine--on their letterhead--that this is the standard that I am held to which would give me a fighting chance in receiving these benefits.

    I thank you all in advance for reading this and hope to hear some good news.

    ------------------------------
    Robert Kane Esq.
    Wyckoff NJ
    (201)485-8307
    ------------------------------

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  • 11.  RE: Assistance Needed

    Posted 01-20-2016 04:57 PM
      |   view attached
    Hi Robert:

    I have a dear friend who is fighting the same battle.  I am attaching an article which might be helpful to you on another front.  Good luck and God Bless.  If I can help in any way, please reach out.

    Roz


    Rosalyn A. Metzger LLC
    Attorney-Mediator
    P. O. Box 5104
    One Leigh Street
    Clinton, New Jersey 08809
    (908) 238-0099
    www.mediate.com/rmetzger

    ------------------------------------------------------------------------

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    Article 01202016.pdf   1.83 MB 1 version


  • 12.  RE: Assistance Needed

    Posted 01-20-2016 07:45 PM
    Thoughts and prayers are with you.

    On Wednesday, January 20, 2016, Rosalyn Metzger via New Jersey State Bar Association <[email protected]> wrote:
    Hi Robert: I have a dear friend who is fighting the same battle. I am attaching an article which might be helpful to you on another front. Good... -posted to the "Family Law Section" community

    Family Law

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    Re: Assistance Needed
    Reply to Group Reply to Sender
    Jan 20, 2016 4:57 PM  |    view attached
    Rosalyn A. Metzger, Esq
    Hi Robert:

    I have a dear friend who is fighting the same battle.  I am attaching an article which might be helpful to you on another front.  Good luck and God Bless.  If I can help in any way, please reach out.

    Roz


    Rosalyn A. Metzger LLC
    Attorney-Mediator
    P. O. Box 5104
    One Leigh Street
    Clinton, New Jersey 08809
    (908) 238-0099
    www.mediate.com/rmetzger

    ------------------------------------------------------------------------

    CONFIDENTIALITY NOTICE:  This e-mail contains information that is privileged and confidential and subject to legal restrictions and penalties regarding its unauthorized disclosure or other use.  You are prohibited from copying, distributing, or otherwise using this information if you are not the intended recipient.  If you have received this e-mail in error, please notify us immediately by return e-mail and delete this e-mail and all attachments from your system.


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