Social Security's Hearing Backlog - How Long Does It Take To Get A Hearing?

The lengthy wait for Social Security Disability and SSI hearings has caused concern all over the country. The Social Security Administration is attempting to address the problem, but I do not speak to a client that does not ask how long it will take for the their case to be processed. So how long will it take to get a hearing scheduled?

The answer is...it depends on where you live in the country. The Social Security Administration has posted statistics about the number of cases filed with the Office of Disability Adjudication and Review (often called the 'ODAR'). You can view Social Security's hearing statistics through June of this year for free on their website at http://www.socialsecurity.gov/appeals/congressional-booklets.html. There, you can go state by state and see:

• How many Requests for Hearing were filed in each state;
• How many hearing decisions have been issued this year;
• The average number of days to process a case to a hearing; and
• The number of pending Requests for Hearing in the particular state.

You can also view national statistics, as well as the Social Security's Administration's plan to eliminate the heavy backlog of cases pending for hearing.

For example, in Florida (our law firm's base of operations), the average wait for a hearing is 514 days. That means that from the time a disabled person or their attorney files their Request for Hearing paperwork, that is will take over 17 months (on average) to get a hearing. This is scary, because a disability claimant has already gone through the Initial and Reconsideration phases of Social Security Disability's process which can take 6 months or so by themselves. Worse, after the hearing date, some Administrative Law Judge's may not issue a written decision for months, leaving the claimant wondering what the decision is in their case. From Initial Application to receiving a hearing decision can easily take a total of 2 to 3 years.

My hat is off to the Social Security Administration for developing a plan to combat the backlog of Disability hearings and for its willingness to disclose its statistics. Lets all hope that Social Security can reduce these horrible delays to help our those with disabilities avoid having insult added to injury by having to wait for years to get disability benefits they deserve.



Copyright (c) 2009 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Social Security Disability or SSI claim, Long Term Disability claim, ERISA Disability benefit claim, or Veterans Disability compensation or pension claim, call Disability Attorney John Tucker at (866) 282-5260.

Disability Attorney John Tucker Elected Secretary of AAJ Social Security Disability Section

Disability Benefits Attorney John Tucker with Tucker & Ludin, P.A. based in Clearwater, Florida was elected as Secretary of the Social Security Disability Section of the American Association of Justice (AAJ). AAJ is a national organization dedicated to protecting America's civil justice system.

Mr. Tucker was also a featured lecturer at AAJ National Convention in San Francisco, California on July 25, 2009.


Copyright (c) 2009 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

Pinellas and Hillsborough Low-Cost Health Clinics To Receive Funding

As reported in the St. Petersburg Times on July 8, 2009, local health centers that provide low-cost care for patients will soon be receiving stimulus funds that will enable expansion of facilities and updates of computerized records systems. As announced by U.S. Rep. Kathy Castor, D-Tampa, construction on six exam rooms at the Johnnie Ruth Clarke Health Center will begin late summer or early fall. In addition to the new rooms, the $1.1 million for Pinellas clinics will help improve computerized records systems. The $1.3 million in funding for the Tampa Family Health Centers will be used to help move the facility to a new, expanded location which will have 19 exam rooms, instead of the current 8.

For more information on the Tampa Family Health Centers, please click here. For more information about the Community Health Clinics of Pinellas, click here.

If you are in need of additional financial and medical assistance while waiting for your disability benefits, you can check this earlier posting for local resources. If you need help obtaining your disability benefits, please contact Disability Attorney John Tucker.

Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

What is the difference between Social Security Disability (SSD) and Supplemental Security Income (SSI) - Part I?

Both SSD and SSI are Social Security Administration programs that pay benefits due to a person's disability, but they are very different. SSD is available to people that are "insured." That means people that have worked and paid payroll taxes into the system for a minimum period of time. SSI is an indigent program available to people that do not qualify for SSD or for people that have limited assets and SSD does not pay enough to reach the SSI level.

Here are some basis financial requirements of both programs:

· SSDI financial eligibility is based solely on the Social Security (F.I.C.A.) payroll taxes. · Resources are not taken into account · To be eligible for SSDI, the claimant must have paid F.I.C.A. taxes in 20 out of the last 40 calendar quarters (five out of the last ten years). If the claimant is under age 31, that number is reduced. Over age 42, the minimum number of quarters increases approximately one quarter for each year over age 42. 20 CFR §404.130. · As long as the claimant can meet the payroll tax payment requirement, a claimant may receive SSD benefits if they become totally disabled, regardless of what other income or wealth they may have.

Financial Eligibility Non-medical requirements

· Resources/Assets must be less than $2,000 ($3,000 for a married couple). 20 CFR §416.1205. This includes all money in checking, savings, as well as retirement savings accounts. It also includes real estate (except your home), stocks, bonds, mutual funds, and other investments. 20 CFR §416.1201. It does NOT include one car, the residence the claimant lives in, most personal property including furniture and clothing, and certain other exempt items. 20 CFR §416.1210; 20 CFR §416.1212; 20 CFR §416.1216. 20 CFR §416.1218. · Income is more complicated since it is related to the amount of SSI benefit a claimant is eligible to receive and that varies. Generally, the claimant’s income must be less than the amount of benefit they would be eligible to receive, and SSI will only pay the difference between the claimant’s other income and the amount they would be entitled to receive based on their residence and living situation. 20 CFR §416.1100.

My next post will address how much in monthly benefits the Social Security Disability system pays in comparison to the SSI system.


Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

Social Security to Open New Hearing Offices

Social Security Commissioner Michael Astrue announced at a congressional hearing on March 24, 2009, that plans are in the works to open ten new hearing offices in an effort to reduce the disability backlog. The new locations will be:

• St. Petersburg, FL
• Tallahassee, FL
• Atlanta South, GA (Covington)
• Topeka, KS
• Livonia, MI
• Mt. Pleasant, MI
• Fayetteville, NC
• Akron, OH
• Toledo, OH
• Madison, WI

Three new National Hearing Centers will also open in the following locations:

• Albuquerque, NM
• Chicago, IL
• Baltimore, MD

Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

DISABILITY BENEFIT TIP: How Long Will It Take to Resolve Your Disability Claim?

The amount of time it will take to resolve your disability claim (before filing a lawsuit) will vary according to the type of claim (insurance or Social Security) and how the claim progresses. Keep in mind that some Social Security offices and some insurance companies take more or less time, but here are some general guidelines:

Social Security Disability

1. You apply for benefits

2. Expect 3 - 6 months to receive a decision

3. If you are denied, you have 60 days to appeal (request reconsideration)

4. Expect 3 - 6 months to receive a reconsideration decision

5. If you are denied, you have 60 days to appeal (request a hearing)

6. Currently, it takes between 16 - 24 months for your hearing to be scheduled

7. Expect 1 -3 months to receive a decision from a judge after the hearing

8. Expect 1 -3 months to receive your first benefit payment if you are approved

9. If your claim is denied, it will take an additional 4 - 24 months for further appeals

Long Term Disability (ERISA claims)

1. You apply for benefits

2. Expect 1 - 2 months to receive a decision

3. If you are denied, you have 180 days to appeal

4. The insurance company has 45 days to reach a decision, but can take an additional 45 day extension for a total of 90 days

5. If you are denied, you may have an opportunity to appeal again. Your plan document will tell you how long you have to appeal.

6. If you appeal again, your insurance company again has 45 days to reach a decision, but can take an additional 45 day extension for a total of 90 days

7. If you are denied and you are not entitled to any more appeals, you can file a lawsuit. The statute of limitations to file a lawsuit depends on the plan document provisions and the state in which you live

REMEMBER: Be patient. The time it takes the Social Security Administration or the insurance company to make a decision is out of you or your attorney's control. Keep in mind that these are general guidelines and each phase may take more or less time.

Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

National Pain Care Policy Act of 2009 (H.R. 756)

For many of our clients, pain is a primary disabling condition, whatever the underlying cause. That is why we applaud any research efforts related to pain management.

The U.S. House of Representative’s Energy and Commerce Committee approved the National Pain Care Policy Act of 2009 (H.R. 756). The legislation will now move to the full House for consideration and then travel to the U.S. Senate.
If signed, the National Pain Care Policy Act of 2009 would work to combat pain by authorizing a Pain Consortium at the National Institutes of Health (NIH) to expand research on causes and treatments for pain; providing comprehensive pain care education and training for healthcare professionals; creating a national public awareness campaign on pain management; and by authorizing an Institute of Medicine conference on pain management.

To read the Bill in its entirety, go to http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.756:.

Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

Information About Social Security Disability

Although a knowledgeable attorney can provide you with answers to questions about your particular case, the Social Security Administration has a very informative website that can provide many general answers to questions about Social Security Disability. Here is a link to a page that has all of their brochures: http://www.ssa.gov/pubs/10029.html.

Being armed with as much information as possible when you are fighting with the government is a good idea. I recommend reading up on Social Security Disability if you have to apply. It is a very difficult time in your life, and you should not expect that Social Security will easily pay benefits just because you have paid into the system.


Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

How to Get Military Service Records

In our Veterans Disability cases, we often have to get the vet's military service record. You can help yourself by getting the full record early in your VA claim. Here is a link to a page at the U.S. National Archives website to get you started: http://www.archives.gov/veterans/military-service-records/standard-form-180.html. It offers the necessary form and directions for how to get those records.


Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

New Law May Help Disabled Workers Who Are Terminated Pay for COBRA

Jerry Geisel of businessinsurance.com is reporting that a component of the new economic stimulus packages signed into law by President Obama will allow involuntarily terminated employees to pay only 35% of the COBRA premium and the federal government will pick up the remaining 65%. The subsidies are available up to nine months, until a terminated employee is eligible for coverage from a new employer or from Medicare.

This is good news for disabled individuals who are not sure how they are going to pay for medical care. It is a shame that the law apparently limits this aid to those who have been fired or otherwise "involuntarily terminated" though. Admittedly, I have not read the new law, and there may be a provision for disabled workers, so I am not offering any opinions on that at this point.

For the full article, see http://www.businessinsurance.com/cgi-bin/news.pl?id=15772

Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

DISABILITY BENEFIT TIP: Restrictions and Limitations

When you file for disability benefits through an insurance company or the Social Security Administration, it can be helpful to have your doctor complete a questionnaire that specifies what your restrictions and limitations are. You can create a questionnaire yourself that hits the key points that need to be addressed by your doctor. While every disease/condition is different and has its own expected difficulties, your doctors can address a few of the same things in every case. Specifically, you can ask your doctor to respond in writing to the following questions:

1. How often have you seen the patient? What was the first date seen?

2. What are the patient's diagnoses?

3. What is the patient's prognosis?

4. What are the clinical findings, laboratory and test results that show your patient's medical impairments?

5. Is your patient a malingerer?

6. What are your patient's symptoms?

7. If your patient has pain, characterize the nature, location, radiation, frequency, precipitating factors, and severity of your patient's pain.

8. Do emotional factors contribute to the severity of your patient's symptoms and functional limitations?

9. Are your patient’s impairments (physical impairments plus any emotional impairments) reasonably consistent with the symptoms and functional limitations described in this evaluation?

10. How often during a typical workday is your patient’s experience of pain or other symptoms severe enough to interfere with attention and concentration needed to perform even simple work tasks?

__ Never __ Rarely __ Occasionally __ Frequently __Constantly

For this and other questions on this form, “rarely” means 1% to 5% of an 8-hour working day; "occasionally" means 6% to 33% of an 8-hour working day; "frequently" means 34% to 66% of an 8-hour working day.

11. Identify the side effects of any medication that may have implications for working, e.g., dizziness, drowsiness, stomach upset, etc.

12. Have your patient's impairments lasted or can they be expected to last at least twelve months?

13. As a result of your patient's impairments, estimate your patient's functional limitations if your patient were placed in a competitive work situation:

a. How many city blocks can your patient walk without rest or severe pain?
b. How many hours and/or minutes can your patient sit at one time, e.g., before needing to get up, etc.?
c. How many hours and/or minutes can your patient stand at one time, e.g., before needing to get up, etc.?
d. Please indicate how long your patient can sit and stand/walk total in an 8- hour working day (with normal breaks):

Sit Stand/walk
__ __ less than 2 hours
__ __ about 2 hours
__ __ about 4 hours
__ __ at least 6 hours

e. Does your patient need to include periods of walking around during an 8-hour working day?

1. If yes, approximately how often must your patient walk?

2. How long must your patient walk each time?

f. Does your patient need a job that permits shifting positions at will from sitting, standing or walking?
g. Will your patient sometimes need to take unscheduled breaks during an 8-hour working day?
If yes, 1) how often do you think this will happen?
2) how long (on average) will your patient have to rest before returning to work?
h. With prolonged sitting, should your patient's leg(s) be elevated?
If yes, 1) how high should the leg(s) be elevated?
2) if your patient had a sedentary job, what percentage of time during an 8-hour
working day should the leg(s) be elevated?
i. While engaging in occasional standing/walking, must your patient use a cane or other assistive device?
j. How many pounds can your patient lift and carry in a competitive work situation?

Never Rarely Occasionally Frequently
Less than 10 lbs. __ __ __ __
10 lbs. __ __ __ __
20 lbs. __ __ __ __
50 lbs. __ __ __ __

k. How often can your patient perform the following activities?

Never Rarely Occasionally Frequently
Twist __ __ __ __
Stoop (bend) __ __ __ __
Crouch/ squat __ __ __ __
Climb ladders __ __ __ __
Climb stairs __ __ __ __

l. Does your patient have significant limitations with reaching, handling or fingering?
If yes, please indicate the percentage of time during an 8-hour working day that your patient can use hands/fingers/arms.
m. Are your patient’s impairments likely to produce “good days” and “bad days”?
If yes, please estimate, on the average, how many days per month your patient is likely to be absent from work as a result of the impairments or treatment:

__ Never __ About three days per month
__ About one day per month __ About four days per month
__ About two days per month __ More than four days per month

If there are certain symptoms that can be expected with your specific disease, you can add questions about that. For example, if you have Lupus and one of your symptoms is a butterfly rash on your face, you can add that to the questionnaire. If you are working with an attorney, your attorney can develope a questionnaire tailored to your disability.

REMEMBER: Simply stating that you have a disease does not necessarily indicate that you are disabled. A questionnaire like this will help your insurance company and/or the Social Security Administration determine your individual restrictions and limitations.

Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

Disability Benefit Tip: Meeting a Social Security Listing of Impairment

Social Security Disability claims are decided by a five step sequential evaluation. At Step 3, adjudicators evaluate claims to determine if they meet the criteria of the Social Security Listing of Impairments. If you are found to be disabled at Step 3 of the process, your claim will be approved without proceeding to Steps 4 or 5.

The Listings are divided into 14 different body systems. They describe various major illnesses and conditions and generally have very strict requirements to meet.

Although Social Security staff and adjudicators are trained to look for cases that meet a Listing, cases can still slip through the cracks. If you believe your condition meets a Listing, you can provide Social Security with documentation from your doctors to prove your claim. Give your doctor a copy of the Listing so he or she will can provide the specific information that matches the requirements of the Listing for the claim to be approved. The doctor will also usually be asked to provide objective evidence and testing, not just an opinion that you are not able to work. If your doctor is unfamiliar with the process or would like assistance completing the paperwork, you can always contact a disability lawyer.

REMEMBER: The Listing of Impairments uses very strict criteria to determine disability. Even if you do not meet a Listing, you can still qualify for benefits by proving that you do not have the functional capacity needed to work.

Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

DISABILITY BENEFIT TIP: What is the “Date Last Insured”?

Social Security Disability Insurance (“SSDI”) benefits are like an insurance program. While you are working, the FICA taxes you pay go toward your “premium.” After you stop working, your coverage lapses about five years later. The day this coverage lapses is called your date last insured (“DLI”). In order to be approved for SSDI benefits, you must be able to prove that you were disabled while still insured.

For example, if Client A was in a car accident in March 2000 and became unable to work, his DLI would be about five years later, or around March 2005. Even if he applies for benefits after that date, he could still be found eligible for SSDI benefits because he was “insured” at the time he became disabled. Even if Client A is found to be currently disabled, his claim will not be approved unless he can prove he was disabled before March 31, 2005. Note however, that waiting to apply for disability benefits can make the claim very difficult, as doctors’ offices tend to purge old records and Social Security relies on those records to make their decision.

As another example, Client B stopped working in March 2000 (but was still physically and mentally capable of working). His DLI was about five years later, or around March 2005. In August 2006, he was in a car accident and became disabled. He will not qualify for SSDI benefits because he was not “insured” at the time he became disabled.

Supplemental Security Income (SSI) has different requirements for eligibility. Even if you do not qualify for SSDI benefits, you may still be able to receive SSI benefits.

Remember: Your date last insured does not affect when you must apply for benefits, but you must show that your disability began during the time you were insured.

Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

Are Social Security Disability Benefits Taxable?

The National Organization of Social Security Claimants Representatives (NOSSCR) has a page devoted to answering this question. Click: http://198.173.77.57/tax.html.


For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

DISABILITY BENEFIT TIP: What is "sedentary work," "light work," "medium work," and "heavy work" and does it effect your disability claim?

Doctors are often asked to complete forms stating their patients' restrictions, limitations, and general capabilities. Insurance companies ask these doctors to state whether a client is capable of Sedentary, Light, Medium, Heavy and Very Heavy Work, but the insurance companies do not give accurate definitions of each type of work. A doctor might, therefore, state that a client is capable of "light duty" work when, in fact, their restrictions would preclude them from performing such work. Often, a doctor may say "light duty" when they just mean something less than full duty. They don't realize that "light" means something different to your disability insurance company or the Social Security Administration. By writing that you can do a certain level of work when you cannot actually do that much activity, they may be seriously hurting your disability case.

If your doctor has been asked to complete any forms that state what your restrictions and limitations are, it is a good idea to provide them with the following guidelines (taken directly from the U.S. government's Dictionary of Occupational Titles) for the requirements of each type of work:

Sedentary Work - exerting (lifting or pushing/pulling) up to 10 pounds of force occasionally (Occasionally: activity or condition exists up to 1/3 of the time) and/or a negligible amount of force frequently (Frequently: activity or condition exists from 1/3 to 2/3 of the time) or lift, carry, push, pull, or otherwise move objects, including the human body. Sedentary work involves sitting most of the time, but may involve walking or standing for brief periods of time. Jobs are sedentary if walking and standing are required only occasionally and all other sedentary criteria are met.

Light Work - exerting up to 20 pounds of force occasionally, and/or up to 10 pounds of force frequently, and/or a negligible amount of force constantly (Constantly: activity or condition exists 2/3 or more of the time) to move objects. Physical demand requirements are in excess of those for Sedentary Work. Even though the weight lifted may be only a negligible amount, a job should be rated Light Work: (1) when it requires walking or standing to a significant degree; or (2) when it requires sitting most of the time but entails pushing and/or pulling of arm or leg controls; and (3) when the job requires working at a production rate pace entailing the constant pushing and/or pulling of materials even though the weight of those materials is negligible. NOTE: The constant stress and strain of maintaining a production rate pace, especially in an industrial setting, can be and is physically demanding of a worker even though the amoung of force exerted is negligible.

Medium Work - exerting 20 to 50 pounds of force occasionally, and/or 10 to 25 pounds of force frequently, and/or greater than negligible force up to 10 pounds of force constantly to move objects. Physical Demand requirements are in excess of those for Light Work.

Heavy Work - exerting 50 to 100 pounds of force occasionally, and/or 25 to 50 pounds of force frequently, and/or 10 to 20 pounds of force constantly to move objects. Physical Demand requirements are in excess of those for Medium Work.

Very Heavy - exerting in excess of 100 pounds of force occasionally, and/or in excess of 50 pounds of force frequently, and/or in excess of 20 pounds of force constantly to move objects. Physical Demand requirements are in excess of those for Heavy Work.

REMEMBER: Give your doctor these guidelines before he or she completes any forms on your behalf. Remind your doctor to also consider non-exertional impairments (like difficulty concentrating because of medication side effects) that would make even Sedentary Work too difficult to perform.

Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

Mid-Florida Chapter of the Multiple Sclerosis Society Launches New Website

The Mid-Florida Chapter of the National Multiple Sclerosis Society has launched its new website. Multiple Sclerosis - MS - is a complex neurological disease with a wide variety of symptoms that can appear rapidly but often improve or get worse without obvious cause over weeks or months. MS frequently leads to disability.

MS symptoms are different for every person who suffers from the disease. They vary in intensity and problem based on where the nerves are damaged. These symptoms may or may not be transient. The following is a list of some of the many symptoms of MS:

• Numbness or tingling in the limbs
• Impaired balance
• Change in vision such as blurred vision in one eye or double vision
• Fatigue that does not seem associated with activity
• Change in bowel, bladder, and sexual function
• Stiffness or tightness in the muscles
• Weakness
• Trouble walking

Disability attorney John Tucker is a member of the Board of Trustees of the Mid-Florida Chapter of the National M.S. Society, an organization committed to curing M.S. in our lifetime.


Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

Social Security Disability Representative Fee Cap Increases to $6,000 Effective June 22, 2009

The Social Security Administration has raised the cap on contingency attorney fees in Social Security Disability and Supplemental Security Income ("SSI") cases to $6,000, up from $5,300 effective June 22, 2009. The following was published in the Federal Register yesterday:

SUMMARY: We are increasing the maximum dollar amount limit for fee agreements approved under sections 206(a)(2)(A) and 1631(d)(2)(A) of the Social Security Act to $6,000. Effective June 22, 2009, decision-makers may approve fee agreements up to the new limit provided that the fee agreement otherwise meets the statutory conditions of the agreement process.

FOR FURTHER INFORMATION CONTACT: Marg Handel, Office of Income Security Programs, phone (410) 965-4639, e-mail: marg.handel@ssa.gov.

SUPPLEMENTARY INFORMATION: The Social Security Act (Act) p rovides a streamlined process for a representative to obtain approval of the fee he or she wishes to charge for representing a claimant before the agency. See, §§ 206(a)(2)(A) and 1631(d)(2)(A) of the Act, as amended by the Omnibus Budget Reconciliation Act (OBRA) of 1990, Public Law No. 101–508, § 5106. To use that process, the representative and the claimant must agree, in writing, to a fee that does not exceed the lesser of 25% of past due benefits or a prescribed dollar amount. OBRA of 1990 set the initial fee amount at $4,000 and gave the Commissioner the authority to increase it periodically, provided that the cumulative rate of increase did not at any time exceed the rate of increase in primary insurance amounts since January 1, 1991. The law further provided that notice of any increased amount shall be published in the Federal Register. On January 17, 2002, we published a notice raising the maximum fee to $5,300. With this notice, we announce that the maximum dollar amount for fee agreements will increase to $6,000. This increase does not exceed the rate of increase provided in OBRA of 1990. We believe this increase will adequately compensate representatives for their services while ensuring that claimants are protected from excessive fees. A decisionmaker may approve fees up to the new amount effective June 22, 2009. This effective date will ensure adequate time to provide training and guidance to our employees and to make necessary changes in our information technology infrastructure.

Source: Federal Register, Vol. 74, No. 22, Page 6080.


Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

CDC Numbers Say 11 Million US Citizens Are Disabled

The following is from a recent article on disability insurance by my friend Doug Leavy, an insurance agent I trust at Strategic Insurance Services:

"The odds of a disabling health condition that prevents you from working are greater than you may realize. According to a recent study by the Centers for Disease Control and Prevention (CDC), more than 11 million adults are unable to work due to health issues. In addition, the risk of becoming disabled triples for people between the ages of 45 to 64."

These numbers are staggering, and few people realize it.

For the full article, visit http://www.clientnewsletters.com/clients/view_fullart.php?art_id=0000001927&nl_id=1021&user_id=1788&list_id=553838&insrid=3223&customart=n

The key is to get good coverage and once you get the coverage, make sure the insurance company pays your claim. That is where an experienced disability benefits attorney can help you.


For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

Social Security Commissioner Comments on Disability Hearing Backlog

On January 30, 2009, Brittany R. Ballendstedt reported the following story at www.govexec.com:

SSA chief says financial crisis is increasing claims backlog

By Brittany R. Ballenstedt bballenstedt@govexec.com

The Social Security Administration is facing an influx of new disability claims due to the struggling economy, a factor impeding its ability to reduce a backlog of 765,000 hearing requests, the agency's commissioner said on Friday.

In an interview with Government Executive, Social Security Commissioner Michael Astrue said the tough economy has increased the disability claims caseload by about 10 percent -- or 250,000 cases -- more than the agency had projected and budgeted for. He said SSA also has its hands tied when it comes to hiring new staff to address the increase in claims, largely because it is operating on a continuing resolution through March, which provides funding at fiscal 2008 levels.

"Help is already too late," he said. "The tidal wave is hitting us, and we don't have the money to staff up appropriately."

SSA has viewed the reduction of its disability claims backlog as imperative, as processing times for disability hearings have increased by 200 days during the last seven years and have adversely affected many applicants seeking disability benefits. While the backlog started leveling off in 2008, Astrue said, the financial crisis and an increase of baby boomers filing for retirement benefits have stymied the agency's ability to tackle the accumulation of hearing requests.

Astrue expressed some hope at the prospect of additional funding in the $819 billion stimulus package that Congress is debating. The House version of the bill, which that chamber passed on Wednesday, would provide $500 million to SSA for two years in fiscal 2009 and fiscal 2010 to help address the disability case backlog. The legislation also would provide $400 million to create a new computer facility to keep up with new responsibilities and heavier workloads, he said.

But Witold Skwierczynski, president of the American Federation of Government Employees' National Council of SSA Field Operations Locals, said on Wednesday that the union has some concerns with the construction of a new computer facility, largely because it thinks the building's high price tag could be put to better use, such as reducing the hearings backlog, hiring additional staff and improving telephone customer service operations.

"The whole point of the stimulus package is to create jobs and spending," Skwierczynski said. "We could hire more SSA employees to do the additional workloads we're getting because of the economic downturn. We'll never get rid of these backlogs unless we have more staff."

Astrue said the agency plans to hire up to 155 additional administrative law judges this fiscal year to help address the backlog and influx of cases. In March, the Office of Personnel Management -- the agency charged with reviewing applications and screening potential ALJs -- will reopen the examination process and submit qualified candidates to SSA for review, he said. But because the new judges need to be hired, relocated and trained, Astrue said, they likely won't start contributing to reducing the backlog until next year. The agency currently employs about 1,200 ALJs.

The commissioner said the $500 million proposed in the stimulus package also would be used to hire additional ALJ support staff. The support staff-to-judge ratio now stands at 4.4-to-1, but the agency hopes to use the stimulus funding to increase the ratio to about 4.6-to-1, he said.

SSA also will look to the stimulus money to improve telephone services and wait times at field offices across the country, since demand for these services is picking up because of the tough economy, Astrue said. "The thing that's saving us is we have a big uptick in people using online services," he said. "Retirement applications are being filed online at a much higher level than they've been historically. That's a saving grace for us."

Meanwhile, SSA also has invested heavily in technology to help accelerate the disability case process. For example, the agency's two-track system -- comprising the Quick Disability Determination program and the Compassionate Allowances initiative -- now is expediting about 4 percent of all disability cases, an increase from the 2.7 percent of cases fast-tracked in 2008. Astrue said the dual process allows 100,000 to 125,000 Americans with the most severe disabilities to be approved in about 10 days instead of waiting the typical three to four months for an initial decision.

The Quick Disability Determination program allows electronic exchange of claims and includes a screening tool to identify those claims in which a high probability exists that the claimant is disabled, while the Compassionate Allowances system expedites processing for claimants with medical conditions so severe that their conditions by definition meet SSA's standards.

Darryl Perkinson, president of the Federal Managers Association, said on Friday that the new two-track system will enable the agency to focus on citizens who need immediate help. "If successful, this initiative should slightly lighten the caseload at the Office of Disability Adjudication and Review, as these cases will be approved at the first level of the disability claim process and therefore not reach the hearings stage," he said.

Astrue said SSA also is using a system called iAppeals, which enables attorneys to file disability appeals online, rather than submitting them to a district office where staff must input information manually. The iAppeals process can shave six weeks off the processing time, he said.

The agency also is piloting a program at a Boston hospital that uses electronic health records for faster transfer of medical information in disability cases. While SSA wants to expand the program, it does not have the funding to do so, nor do hospitals have the money needed upfront to convert health records to an electronic format, Astrue said. "This reduces the cost and labor for the hospital, and it results in enormously huge savings for us in terms of time and people."

The previous story was quoted in its entirety from http://www.govexec.com/story_page.cfm?articleid=41930&dcn=e_gvet Any copyright or other ownership information is from that site.

For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

Disability Benefit Tip: Helpful Paperwork to Have On Hand

When you apply for disability benefits, in addition to saving copies of your application, medical reports, and supporting documentation, you may want to think about keeping other records that you might otherwise toss or file away and forget. The following paperwork may be helpful to have on hand to calculate benefits, prove your disability, or refer to throughout your claim for Social Security Disability or Long Term Disability Insurance benefits.

• Your annual Social Security Earnings Statement. This shows the amount of your Social Security Disability benefit. You should receive a copy every year around your birthday, but you can request an additional statement here.
• Copies of your tax returns and W-2s since the date you became disabled, if not before.
• Disability insurance plan document and summary plan description
• Paystubs
• Correpondence from your employer. If you receive anything in writing about your performance, keep a copy. Any awards or praise can be used to show how well you performed before your disability affectedyour work. Any disciplinary action can be used to show why you are no longer able to work at a satisfactory level.
• Copies of your initial application for insurance coverage

Consider investing in a three-ring binder with tabs, folders, or some other system to keep all of your documentation together and easily accessible. You may want to keep it with the rest of your paperwork related to your claim, including copies of correspondence and medical records. Keeping this paperwork on hand can help you or your attorney prove your disability or answer important questionsabout what kinds of benefits may be available and whether you will have to pay taxes on the benefits.

REMINDER: DO NOT THROW OUT OLD PAPERWORK. IT MAY BE RELEVANT TO YOUR CASE OR CAN HELP PROVIDE PROOF OF YOUR CLAIM.

Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

Nearly Half of All Bankruptcies Are Due to a Disabling Medical Condition

Did you know that a 2005 study by Harvard University showed that nearly half of all bankruptcies are due to a disabling medical condition?

The statistics are very scary. It has been estimated that every 2 seconds, someone in the United States experiences a disabling injury. What may surprise you is that nearly two-thirds of those disabling injuries happened OFF the job according to Injury Facts, 2004 Ed., published by the National Safety Council.

Having disability insurance is crucial. This is particularly true when a bad economy hits and it is hard to find a new job after an injury. Protect yourself by getting disability insurance before you become disabled.

If you have been injured or gotten sick and you are unable to work, consider hiring an attorney to help you get your disability benefits before you are denied. We have had considerable success in getting benefits paid for our clients before they were ever denied, and it has saved many people thousands of dollars in legal fees because we were able to head off the denial that was expected from the insurance company.

Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

Tucker & Ludin Shareholder Eric Ludin Receives 2009 "Heroes Among Us" Award

On Saturday, January 24, 2009, disability benefits attorney John Tucker had the honor of introducing his law partner, Eric Ludin to a crowd of over 150 people at the 2009 St. Petersburg Bar Foundation Awards Dinner at the St. Petersburg Yacht Club. Mr. Ludin was being recognized for his lifetime of service to the community by the Bar Foundation. The "Heroes" award has been given for the past 5 years to bring awareness to the good works that lawyers do in the community.

Eric Ludin has a long and distinguished history of service in St. Petersburg and Pinellas County. In addition to serving as President of organizations like the St. Petersburg Bar Association and the St. Petersburg Bar Foundation, Mr. Ludin is also a Past-President of his synagogue, Congregation B'nai Israel. He has orchestrated and chaired several fundraising efforts for local Jewish charities, and was instrumental in creating a Jewish summer camp in Georgia. Currently, he is the President-elect of the Board of Directors of Menorah Manor, a local retirement and rehabilitation facility.

Perhaps the most enduring contribution that Eric Ludin has made to St. Petersburg revolves around his efforts to bring past discrimination by the St. Petersburg Bar Association to light. When he was President of the Bar, Ludin not only formed a standing diversity committee which exists to this day, but also established the Judge Frank White Scholarship (given to Stetson University Law Students of color) and created a museum exhibit titled "A Legacy of Courage, Vision & Hope" which chronicled the discriminatory efforts of the local bar that continued into the late 1960's. This exhibit has been shown in numerous locations, including the Florida state capital. Times have certainly changed, as evidenced by the fact that today the St. Petersburg Bar Association's President is an African-American attorney, Jeanine Williams.

Tucker & Ludin, P.A., salutes our shareholder Eric E. Ludin for his lifetime of service. For more information about Mr. Ludin, please visit www.tuckerludin.com.

Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

John Tucker Spoke to Jacksonville (FL) Bar Association About Disability and Other Employee Benefit Issues

On Wednesday, January 22, 2009, John Tucker presented a lecture on disability insurance and other employee benefit issues titled "ERISA - Employee Benefit Issues in Severance and Termination Claims - How to Steer Clear of the Potholes!"

For a copy of the lecture paper, please contact our office.

Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

Disability Benefit Tip: Social Security Consultative Exams

If your Social Security caseworker does not have enough medical information to make a decision on your claim, he or she will usually order a consultative examination ("CE") at Social Security's expense. The exam may be needed because the caseworker did not receive copies of your medical records, your doctor's notes were illegible, or because the written records simply did not have enough information about your condition and work restrictions. The case workers sometimes request additional information from your doctors, but they can only wait a limited amount of time for a response before needing to move the claim forward.

You will be notified of the examination date and time in writing. If you have a conflict or cannot make the appointment, contact your caseworker immediately to reschedule. Do not wait until the last minute - it can delay your claim significantly or result in a denial. You can also refuse to go to the exam, but your claim will likely be denied because of it.

A few points to remember when at the exam:

• Cooperate with the doctor. Do not exaggerate your symptoms, but do not minimize them either. The doctor has access to your medical records and may be able to tell how truthful you are. The doctor will probably ask you to do something that is difficult or painful (like testing your range of motion). Do the best you can, and if something hurts, explain that. If you don't try or refuse outright to do something, the doctor may view you unfavorably or conclude that you are lying about your condition.
• The exam probably will not be very thorough or in depth. When you are done, you should immediately write down what occurred, including the amount of time that you actually saw the doctor. Note also how much the doctor relied on your own statements and how much observation was made of your condition. For example, if one of your symptoms was knee pain, did the doctor have you flex and extend your knee while watching you, or did he just take a brief look and start writing?
• You can take someone with you to the appointment. They are not usually allowed in the exam room, but they can also write a statement attesting to the amount of time your appointment lasted.
• Also remember that you may be observed from the time you step out of your car to the time you get back in. Doctors will report if they observed you walk to the office with no problem but start limping as soon as you walk in the door. Again, do not exaggerate or fake anything, but be aware that other staff besides the doctor could be watching.
• Make sure to take an acceptable form of identification, a list of medications that you take and the bottles they come in, and any glasses, canes, or other assistive devices that have been prescribed by a doctor.

REMEMBER: BE COOPERATIVE AND HONEST DURING THE EXAMINATION. DOCUMENT EVERYTHING THAT OCCURRS FROM THE MOMENT YOU ARRIVE TO THE MOMENT YOU LEAVE THE OFFICE.

Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

It's a Bad Economy....Be Wary Talking To Your Disability Insurance Company - Here's a Baker's Dozen Tips for Talking To Disability Adjusters

For some reason, many of my clients believe that the adjuster that works for the disability insurance company paying their benefits is their friend. I know it sounds cynical, but no matter how nice and sweet they are on the phone to you.....THEY ARE NOT YOUR BUDDY! They are just trying to coax information out of you. Remember, adjusters do not get paid to approve every claim. Insurance companies could never make money if they pay every claim. If the upturn in phone calls to my office is any indication, more people are getting denied in this bad economy.

When you make a Short Term Disability or Long Term Disability claim through your own insurance policy or an employer's benefit (ERISA) plan, you need to do what you can to get approved and avoid being cut off.

Here are 13 tips for talking to the disability insurance company's employees:

1. Ask the adjuster if you can record the conversation. Many of my clients are on so much medication that they cannot remember what they talk about on the phone, so if that is your problem, explain to the adjuster or investigator that is why you want to record the call.
2. Speaking of medications, make sure you tell the adjuster about the impact of your medications and their side effects. Give examples. You should also make sure that your doctors are recording this information, because a lot of adjusters will not just believe you...they need to see it in your medical records.
   
3. No matter how nice they are to you, do not volunteer information when answering their questions. Just answer their question. If they ask you, "Do you drive?" The answer is "yes" or "no," NOT "Yeah, I have a 1968 Mustang that I restored.
4. Do NOT speak in absolutes. For example: never say, "I cannot sit" unless you truly can never sit down. Instead, say explain how long you can sit before you have to move positions because of pain, and then you have to lay down after so many minutes, and so on.
5. Do not tell them about your sexual dysfunction unless it relates to your job (and it almost certainly doesn't), because they do not care. If it relates to your depression, maybe tell them, BUT keep the next tip in mind....
   
6. Be wary of talking about depression if you have serious physical problems that keep you from working, because many disability insurance policies have limited pay periods for depression and anxiety. Your adjuster may try to classify your claims as a "mental or nervous" claim to cut off your benefits or shorten how long you can get paid.
7. Give examples to bring your limitations to life. Instead of saying, "I have back pain," consider something like this: "My back pain is constant. It changes in intensity. When I get up in the morning, sometimes I cannot straighten upright. It is painful to sit on the toilet, but more painful to get up, and last week I actually got stuck sitting on the toilet and I needed my wife to help me get up....that was so embarrassing. It takes me 20 minutes or so to get moving in the morning, but even then I can't bend over to tie my shoes...I had to have my son tie my shoes for me, and now I bought these velcro shoes......" You get the picture. Make a mental picture for the adjuster so they realize how limited you really are. It works much better than "I have back pain."
8. Make sure the adjuster has all of your medical records. Ask them. If they don't, offer to get them for the adjuster. Then, you go get them, and read them before sending them in, so you know what the adjuster is looking at.
9. Ask the adjuster if they need anything else for your file. The last thing you want is for your claim to be denied because you did not send them something which you did not know they needed.
10. Do not offer to go to a doctor that the adjuster picks for you. 9 times out of 10 they will pick a biased doctor off a list of dependable doctors they use all the time to write reports shooting down disability claims.
11. Don't give details about where or when you go outside of your house. They will use this information to set up surveillance on you.
12. NEVER tell an adjuster that you "don't go out." Of course, you go out. When they get you on surveillance going to the store, they just caught you in a lie. Lying is the worst thing that can happen to your claim.
    
13. If someone knows about your problems other than your doctors, tell the adjuster who they are and their phone number and ask them to call that person. You should tell your friend ahead of time that you will be doing this, and tell them to follow the previous 12 rules. Make sure your friend understands that their role is to help you explain your disability, so the best thing they can do is to give real-life examples of the times they have seen you have problems. Ask the person what they remember seeing, and if they can describe significant problems, then tell them that is what they want to talk about if they are called.

BONUS TIP: If you have an attorney, tell the adjuster they may only speak to your attorney about your claim. If they have to interview you, do it at your attorney's office. If you do not have an attorney and your claim is being paid, consider hiring an attorney just to make sure you don't to anything to cause your claim problems. It will not be as expensive as you think, and it could save you thousands or tens of thousands of dollars if you avoid getting cut off.

In tough economic times, more and more disability claims are being denied and more disability claims are being terminated. Be careful about how you talk to the adjuster that calls you. They may want you to think they are your friend, but keep in mind who pays their salary. They will get fired if they pay every claim. Don't be the person whose claims lets them save money for their company.


Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.