Sept. 11 survivor denied disability for working with family

A 68-year-old Sept. 11 survivor with ovarian cancer says she is being denied disability insurance by the state of New Jersey because she worked for

Susan Borger, 68, says she has been denied temporary disability insurance by the state because she worked for her daughter.

Susan Borger, 68, says she has been denied temporary disability insurance by the state because she worked for her daughter. (5/29/16)

EDISON - A 68-year-old Sept. 11 survivor with ovarian cancer says she is being denied disability insurance by the state of New Jersey because she worked for a relative.

Susan Borger, who worked for nine years as an office manager for her daughter's medical practice in Florham Park, says a state law that bars temporary disability insurance for "close relatives of sole proprietorship" is discriminatory.

"I've appealed it and I've talked to a half a dozen people," Borger said. "The answer is always sympathetically, very nicely, very politely, ‘We're sorry but that's the law.’"

New Jersey employment lawyer Tom McKinney says the law exists to prevent fraud but that it's still unfair.

Borger has not received a paycheck since February, and her savings are dwindling. She can't get unemployment because she is unable to search for a job due to her condition. She is also ineligible for long-term disability insurance because she is past the maximum age of 67.

News 12 reached out to New Jersey Assemblywoman Nancy Pinkin and state Sen. Patrick Diegnan about the matter. Their offices have reportedly contacted the state's Department of Labor and Workforce Development about the issue.

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