VA Urges Veterans to Sign Up for Direct Deposits

Treasury Department Publishes Final Regulation to Phase Out Paper Checks by 2013

WASHINGTON (Dec. 21, 2010)- The Department of the Treasury announced a
new rule that will extend the safety and convenience of electronic
payments to millions of Americans and phase out paper checks for federal
benefits by March 1, 2013. Officials at the Department of Veterans
Affairs (VA) urge Veterans to sign up for electronic payment of their
benefits.

"Receiving VA benefits electronically will increase the security,
convenience and reliability of these vital payments," said Secretary of
Veterans Affairs Eric K. Shinseki. "VA encourages Veterans who are now
receiving their benefits in paper checks to set up direct deposits
before the deadline."

On March 1, 2013, VA will stop issuing paper checks. People who do not
have electronic payments for their federal benefits by that time will
receive their funds via a pre-paid debit card. Called the Direct
Express card, it is issued by Comerica Bank as the financial agent of
the U.S. Treasury.

Another deadline affects people receiving VA's compensation or pensions
for the first time after May 1, 2011. Those people will automatically
receive the benefits electronically.

Anyone already receiving federal benefit payments electronically will be
unaffected by the changes. To learn more about the federal government's
switch to direct deposit - or to change VA benefits to direct deposit --
visit http://www.godirect.org. Information about the federal government's "Go
Direct" campaign is also available at 1-800-333-1795.

Along with payments for VA benefit, the change will also affect
recipients of payments from Social Security, Supplemental Security
Income, Railroad Retirement Board,or Office of Personnel Management.

For more information about VA benefits and programs, go to www.va.gov or call toll free 1-800-827-1000.

John V. Tucker and Tucker & Ludin, P.A. represent Veterans in claims for compensation based upon service-connected disabilities and non-service connected pensions. For assistance with your Veterans compensation or pension claim, call Attorney John Tucker at (866) 282-5260.

Let's Talk Turkey About Privatizing Social Security...from the Washington Post

Click this link for some interesting thoughts on privatizing Social Security.



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.

Orlando Social Security Hearing Office Update

In a recent communication from the Social Security's Orlando Office of Disability Adjudication and Review ('ODAR'...what used to be called the Office of Hearings and Appeals), I learned that our Orlando area clients who filed Requests for Hearing in January and February 2010 will have their hearings scheduled beginning April 2011. The Orlando ODAR reports that they have dropped their waiting time from 488 days to 394 days in the last year. That is a great improvement, and we hope they continue to get that delay reduced.

The ODAR hears the second appeal for Social Security Disability and SSI cases. After an Initial Denial, claimants file a Request for Reconsideration. If that is denied, the second appeal is a Request for Hearing Before an Administrative Law Judge at the ODAR.

I handle hearings all over the State of Florida, and the Orlando ODAR is one of the best at keeping attorneys updated about their backlog. We routinely get emails from them, and I am happy to pass this information to our clients and readers of this blog.

Copyright (c) 2010 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.

Veterans Healthcare in Florida - VA's Sunshine Healthcare Network

Florida Veterans: Are you looking for information about VA health care in Florida. Visit VA's Sunshine Healthcare Network page. The page features a clickable map which can take you to the webpages of various VA facilities around the state of Florida. It also has links to health care benefit applications and vocational services if you are looking for work.


Copyright (c) 2010 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.

Veterans: How to Download Your MyHealtheVet Personal Health Record

On August 2, 2010, President Obama announced the “Blue Button” capability that allows Veterans to download their personal health information from their MyHealtheVet account. The government wants Vets to have control of this information to enable Vets to share the data with health care providers, caregivers, or people they trust. Download yours at myhealth.va.gov.

The My HealtheVet Personal Health Record (PHR) is comprised of self-entered health metrics (blood pressure, weight, heart rate, etc.), emergency contact information, test results, family health history, military health history, and other health related information. The Blue Button extract that Veterans can download is a so-called “ASCII text file”, the easiest and simplest electronic text format (see a sample Blue Button file).

Blue Button PHRs can be printed, or saved on computers and portable storage devices. Having control of this information enables Veterans to share this data with health care providers, caregivers, or people they trust.

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 do you find a local Social Security office? Use Social Security's Zip Code Office Locator.

What do you do if you want to find a local Social Security Administration office? Use the Social Security Website. Social Security's Office Locator is a quick and easy way to find your local Social Security office. You will see their office hours, an address, general directions, and a map after you enter your zip code and click the "Locate" button.

Keep in mind that many of the things that used to require you to physically go to a Social Security office can now be done on their website: www.ssa.gov.


Copyright (c) 2010 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.

No COLA for Social Security Benefits in 2011

The Social Security Administration has announced that there will be no Cost of Living Adjustment for Social Security and SSI benefits in 2011. COLAs are added when there is a change in the Consumer Price Index, and Social Security states that no change has occurred.

This is the second year in a row that there will be no Cost of Living Adjustment to Social Security Disability, Old Age, or SSI benefits.

Read Social Security's Press Release here.


Copyright (c) 2010 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.

McCormick & Schmick's and affiliated restaurants to offer free meals to Vets on Veterans Day, November 11th

I don't get anything to promote this. I just thought it was a great idea and very patriotic. Here is the link to their website announcing the free meal promotion: http://www.mccormickandschmicks.com/featured-promotion/Veterans-Appreciation-Day.aspx

And here are their participating restaurants.

Copyright (c) 2010 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.

Fingolimod approved as first oral medication to treat Multiple Sclerosis ("MS") relapses

On September 21, 2010, the U.S. Food and Drug Administration ("FDA") approved Fingolimod capsules (Gilenya, Novartis International AG) for reducing the frequency of relapses and delaying the accumulation of disabling symptoms in relapsing forms of Multiple Sclerosis ("MS"). This is the first oral disease-modifying therapy for the treatment of MS. According to Novartis, the drug will be available for prescription in the coming weeks.

Thanks to the National MS Society website for releasing this information.

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.

Disabled Veterans Can Get Up to a Total Property Tax Exemption on Homestead Property in Florida

If a Veteran is disabled at least 10% by service connected misfortune, they may be entitled to a $5,000 exemption on any property owned by the ex-service member.

A 100% disabled Veteran can receive a total property tax exemption.

An honorably discharged veteran with service connected total and permanent disability may qualify for total exemption of homesteaded real estate used and owned as a homestead, less any portion used for commercial purposes. An existing exemption can be transferred to a new qualifying residence. Under certain circumstances the benefit of this exemption can carry over to the surviving spouse. If filing for the first time, the Veteran should bring proof of your service connected disability: such as, a letter from the United States Department of Veterans Affairs.

For more information and directions on how to apply for these homestead exemptions, visit the Florida Department of Veterans Affairs website.

Copyright (c) 2010 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 a 'Free Disability Insurance Review' by an attorney? Do you need one?

Yes, we offer free consultations to review your disability insurance policy or policies? Many of our clients have no idea what kind of disability insurance coverage they have when they come to us for help making a claim or appealing a claim denial. Some have Individual Disability Insurance (what some call 'DI'). Others have policies they bought through work (usually known as 'ERISA' coverage, named after the federal law that covers employee benefits). Still others have many policies, and they do not know how they work or when each policy will pay benefits.

Tucker & Ludin, P.A. provides free insurance reviews for anyone who wants to have their disability insurance coverage analyzed. We can help you understand how you are covered. Your insurance agent should have explained this, but in our experience, agents often do not even understand the policies they sold you.

Under what conditions does your disability policy pay? When does it not pay benefits? What are the exclusions? Are your benefits reduced by "other income?" What is "other income?" Do you have to apply for Social Security Disability? What is the "elimination period?" We can help you understand the answers to these and other questions....all at no cost to you.

If you want a free opinion about the terms of your insurance policy (not the amount, but the actual language), from someone who is not an insurance agent, feel free to call us. As attorneys that represent people in disability insurance claims and lawsuits, we will provide you with an unbiased opinion about what coverage you purchased. We are disability attorneys. Tucker & Ludin is one of the few law firms in the country that represents people like you in ALL types of disability insurance claims and cases, as well as Social Security Disability and Veterans Disability benefits claims.

The time to understand your disability insurance and know what you bought is BEFORE you become disabled. Call us at toll free at (866) 282-5260 or email John Tucker at tucker@tuckerludin.com to schedule your free insurance review. Although we are based in Florida, we handle cases all over the United States, and would be happy to assist you.


Copyright (c) 2010 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.
Copyright (c) 2010 by John V. Tucker and Tucker & Ludin, P.A. All r

Social Security Proposes New Regulations for How It Will Evaluate Mental Disabilities

Social Security is proposing to change the way it evaluates mental disabilities. In proposed regulations published in the Federal Register on August 19, 2010, the Social Security Administration stated that it intends to change its process for Social Security Disability and SSI benefits by amending its Listing of Impairments as they apply to mental disorders like depression, anxiety, organic and cognitive mental disorders, mental retardation, schizophrenia, autism, and personality disorders.

Social Security is seeking comments on the proposed regulations. The deadline for comments isNovember 17, 2010. You can find out how to submit comments by clicking on the link above to read the Federal Register preface to the proposed regs.

I have not had the chance to read these in depth yet. Obviously, the proposed version may not be what Social Security issues as final regulations in November (or later), so stay tuned for more news as it develops.

Copyright (c) 2010 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.

Did you know you can apply for Social Security Disability or SSI benefits online?

If you had to stop working because of a sickness or injury and expect to be out of work for at least 12 months, the Social Security Administration has made it very easy to apply for Social Security Disability. Simply go to the Social Security website at http://ssa.gov/applyfordisability/ and fill out the forms online. There are 2 main forms: The Disability Application and the Disability Report.

You will need the following information for each of the forms to complete your application for Social Security Disability or SSI:

DISABILITY APPLICATION

• Military Service discharge information (Form DD 214) for all periods of active duty.

• W-2 Form (or your IRS 1040 and Schedules C and SE if self-employed) from last year.

• Social Security Number(s) for your spouse and minor children.

• Checking or savings account number and bank routing number, if you want Direct Deposit for your benefit checks.

DISABILITY REPORT

• Name, address and phone number of someone we can contact who knows about your medical conditions and can help with your claim.

• Names, addresses, phone numbers, patient ID numbers, and dates of treatment for all doctors, hospitals, and clinics.
  NOTE: You may want to refer to any Medical Records you have.

• Names of medicines you are taking and who prescribed them.
  NOTE: You may want to have your medicine bottles available.

• Names and dates of medical tests you have had and who sent you for them.

• Types of jobs and dates you worked for your last 5 jobs.

• Information about any insurance or workers' compensation claims you filed, such as claim number and name, address and phone number of insurance company.

You can also apply by phone or in person at a Social Security office, but the online application is the way we recommend people apply these days.

Although you do not need a disability benefit attorney to file your application, having a consultation before you apply can be very helpful. Speak to a Social Security disability attorney that will give you a free consultation to get some tips on how to help your claim for Social Security Disability and SSI.

Copyright (c) 2010 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 ERISA?

What is ERISA?

ERISA stands for the Employee Retirement Income Security Act, a federal law passed by Congress in 1974. President Nixon signed ERISA into law after 10 years of study designed to reform the nation's pension system.

Congress ultimately included employer-provided insurance benefits as part of the law. That is why most Short Term Disability, Long Term Disability, Health, and Life Insurance benefits that are offered by private employers are covered by ERISA. ERISA applies only to employee benefits provided by private employers. If you work for a government entity or a church, ERISA will not apply to your claim. However, any private employer (even a small company with only one employee other than the owner) that provides employee benefits will be subject to ERISA.

With certain exceptions, ERISA creates one uniform system to administer these group benefit programs sponsored by employers. However, this “uniform system” is far from uniform. The law actually allows employers to establish nearly any type of benefit plan they wish, as long as they provide certain documents to employees and allow for an appeal when benefits are denied.

No matter which lawyer your hire, if you have a group benefit claim covered by ERISA, make sure your lawyer has experience handling ERISA cases. There are many differences between ERISA cases and insurance claims regulated by state laws, and if you or your lawyer do not know those differences and how to handle them, it can hurt your case. ERISA Attorney John Tucker is an experienced attorney who has handled over 1000 ERISA benefit claims of all types, including disability insurance, health insurance, life insurance, accidental death, 401k, and pension cases.

Copyright (c) 2010 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 you know if you bought 'good' disability insurance? Get a Free Insurance Review from Tucker & Ludin, P.A.

Why would you want a free consultation to review your insurance policy? Many of our clients have no idea what kind of disability insurance coverage they have when they come to us for help making a claim or appealing a claim denial. Some have Individual Disability Insurance (what some call 'DI'). Others have policies they bought through work (usually known as 'ERISA' coverage, named after the federal law that covers employee benefits). Still others have many policies, and they do not know how they work or when each policy will pay benefits.

Tucker & Ludin, P.A. provides free insurance reviews for anyone who wants to have their disability insurance coverage analyzed. We can help you understand how you are covered. Your insurance agent should have explained this, but in our experience, agents often do not even understand the policies they sold you.

Under what conditions does your disability policy pay? When does it not pay benefits? What are the exclusions? Are your benefits reduced by "other income?" What is "other income?" Do you have to apply for Social Security Disability? What is the "elimination period?" We can help you understand the answers to these and other questions....all at no cost to you.

If you want a free opinion about the terms of your insurance policy (not the amount, but the actual language), from someone who is not an insurance agent, feel free to call us. As attorneys that represent people in disability insurance claims and lawsuits, we will provide you with an unbiased opinion about what coverage you purchased. We are disability attorneys. Tucker & Ludin is one of the few law firms in the country that represents people like you in ALL types of disability insurance claims and cases, as well as Social Security Disability and Veterans Disability benefits claims.

The time to understand your disability insurance and know what you bought is BEFORE you become disabled. Call us at toll free at (866) 282-5260 or email John Tucker at tucker@tuckerludin.com to schedule your free insurance review. Although we are based in Florida, we handle cases all over the United States, and would be happy to assist you.


Copyright (c) 2010 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.

Early-Onset Alzheimer's Disease Added to Social Security Disability's List of Compassionate Allowances Initiative

In a move that will help those with early-onset Alzheimer's, the Social Security Administration has added the condition to its list of covered illnesses that may qualify for its Compassionate Allowances. In addition to early-onset Alzheimer’s disease, mixed-dementia and Primary Progressive Aphasia were also added to the Compassionate Allowances Initiative.

Compassionate allowances are a sort of fast track system developed by Social Security to target disabling conditions that likely will be approved for Social Security Disability or Supplemental Security Income (SSI) benefits. According to the Social Security website, "Compassionate allowances are a way of quickly identifying diseases and other medical conditions that invariably qualify under the Listing of Impairments based on minimal objective medical information. Compassionate allowances allow Social Security to quickly target the most obviously disabled individuals for allowances based on objective medical information that we can obtain quickly."

Harry Johns, the President of the Alzheimer's Association applauded the move in a statement shortly after the Social Security Administration's announcement. “As the leading research, advocacy, and support organization for Alzheimer’s disease, the Alzheimer’s Association has actively sought the inclusion of early-onset Alzheimer’s in the Social Security Administration’s Compassionate Allowances Initiative,” says Mr. Johns. “Now, individuals who are dealing with the enormous challenges of Alzheimer’s won’t also have to endure the financial and emotional toll of a long disability decision process.”

In my law practice representing disabled individuals, I have witnesses the tremendous difficulty that people with Alzheimer's Disease and other dementia conditions cause. Hopefully, fast tracking these claims will help relieve the stress of applying for Social Security Disability for claimants and their families.

Copyright (c) 2010 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.

Overhead Expense Insurance - Disability Coverage for Business Owners

If you are self-employed, what would happen to your business and employees if you became disabled? Many of my clients come to see me about claims under their Individual Disability insurance coverage, but most have not thought to buy Overhead Expense coverage to supplement their private or group disability insurance. Worse, some do not even know that their insurance agent had the forethought to have them buy Overhead Expense coverage, and they forget to make a timely claim for Overhead Expense benefits.

What is Overhead Expense Insurance? Overhead Expense coverage pays benefits to a business owner in case they (or one of their co-owners or partners) become disabled due to a sickness or injury. The idea is that you want to keep your business going while you are trying to recover from a serious illness or injury. It usually pays for no more than 2 to 3 years.

What Does Overhead Expense Insurance cover? It depends upon the particular policy (and you should always read the policy language to be sure), but typically Overhead Expense coverage will pay for things like insurance, office supplies, postage, rent, salaries, utilities, etc.

Do you have to be disabled from any occupation or just the role of business owner? Again, the policy language will address this. If you are in the market for this type of insurance, tell your insurance agent that you want coverage that defines disability as your inability to engage in all of the duties of your occupation. They call this "own occupation" coverage. That way, if you cannot do part of your job, then the benefits kick in. Insurance companies have many different types of policies though, so beware that you are not buying something that has a very narrow definition of disability that you may never meet.

Who Should Buy Overhead Expense Insurance? Any business owner or group of owners that are concerned about how the business will stay afloat if one or more owners becomes disabled. This is particularly key in new or small businesses.

I often represent business owners and professionals that wish they had this coverage when they become disabled. Consider a small business that employs 10 people, but the owner plays a key role in providing the service or product. If the owner gets cancer and is treated for a year, but cannot work, Overhead Expense coverage may save their business. Without it, they may have to start over after they recover. Alternatively, it may buy some time for them to sell the business while they recover or if they decide they cannot return to work due to their disability.

FREE INSURANCE POLICY REVIEW: Tucker & Ludin, P.A. provides free insurance reviews for anyone who wants to have their disability insurance coverage analyzed. If you want an opinion about the terms of your insurance policy (not the amount, but the actual language), from someone who is not an insurance agent, feel free to call us. As attorneys that represent people in disability insurance claims and lawsuits, we will provide you with an unbiased opinion about what coverage you purchased. The time to understand your disability insurance and know what you bought is BEFORE you become disabled. Call us at (866) 282-5260 to schedule your free insurance review.

Copyright (c) 2010 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.

ERISA & Insurance Attorney John Tucker Elected Treasurer of AAJ ERISA, Health and Disability Insurance Litigation Group

Tampa Bay: Attorney John Tucker was elected Treasurer of the ERISA, Health and Disability Insurance Litigation Group of the American Association for Justice (AAJ) at its Annual Convention in Vancouver, British Columbia on July 10, 2010.

Mr. Tucker's main office is located in Clearwater, Florida, and he has a national practice in ERISA and Disability Insurance claims and litigation. He is a frequent lecturer and author on ERISA (the federal law that governs employer-sponsored group benefits), Disability Insurance, and disability benefits.

Tucker Ludin - Legal Solutions is a leading disability benefit law firm, providing comprehensive representation to those making claims or litigating in the areas of ERISA, Short Term Disability and Long Term Disability benefits, Individual Disability Insurance, Social Security Disability and Veterans (V.A.) Disability Compensation.


Copyright (c) 2010 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 Post-Traumatic Stress Disorder ('PTSD')?

What is Post-Traumatic Stress Disorder (PTSD)? Post Traumatic Stress Disorder (PTSD) is a condition resulting from exposure to direct or indirect threat of death, serious injury or a physical threat. The events that can cause PTSD are called "stressors” and may include natural disasters, accidents or deliberate man-made events/disasters, including war. Symptoms of PTSD can include recurrent thoughts of a traumatic event, reduced involvement in work or outside interests, emotional numbing, hyper-alertness, anxiety and irritability. The disorder can be more severe and longer lasting when the stress is human initiated action (example: war, rape, terrorism).

In my experience representing disabled veterans, PTSD can run the gamut from limited symptoms to overwhelming impairment. Combat-related conditions can obviously cause the disorder, but other stressors such as sexual assault are common. Any stressor that is service-connected can be the basis for a Veterans disability claim. I will address the stressors in my next installment.

Copyright (c) 2010 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 VA Regulations Regarding PTSD and Disability - Some Media Interviews and Commentary

The U.S. Department of Veterans Affairs has made it easier for Veterans to make a claim for disability based on Post Traumatic Stress Disorder ('PTSD'). In the coming weeks, I will discuss the changes, but here are a few links to internet sources discussing the amended PTSD regulations. As always, you should read the regulation itself to know exactly what the law is, but these links offer an introduction into what VA recently changed when it amended its regulations regarding PTSD claims.

Charlotte Observer
Huntington News Network
PennLive.com
PRN Newswire
San Diego Radio Station KBPS (audio and transcript of good interview)
VetsFirst

Comment: Again, read these stories as an introduction and summary to the new PTSD regulations. One of the biggest problems in making a claim for VA compensation based upon a disability that came from PTSD has been connecting the Veteran's PTSD to their time in service. The new VA regulations appear to make this easier. Look for more comment on the new PTSD regs in the coming weeks here on Tucker's Disability Benefits Blog.

Copyright (c) 2010 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.

On July 12, 2010, the VA Changed Its Regulations for PTSD Disability Claims - Link to VA's New PTSD Regulations Fact Sheet

On July 12, 2010, the U.S. Department of Veterans Affairs announced significant changes to its regulations that govern veterans disability claims based on Post-Traumatic Stress Disorder (known as 'PTSD'). I will be blogging more about the new regulations iover the next several days, but VA has published a Fact Sheet with Questions and Answers about the new regulation, and I wanted to get the link to our readers.

More than 400,000 veterans currently are receiving compensation benefits for PTSD. In fiscal year 2009, the same number - 400,000 - were treated for PTSD at VA health facilities. Of those, nearly 70,000, or 19%, were veterans of operations Iraqi Freedom and Enduring Freedom. However, the new regulation impacts veterans from any service period.

Click on this link to view the VA Fact Sheet on the New PTSD Regulations.

Copyright (c) 2010 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.

Retirees' Bankruptcy Protection Act Applies Over ERISA According to Federal Appeals Court

In a ruling that will apply to all types of retiree employee benefits, a federal appeals court has ruled that a corporation in bankruptcy may not terminate retiree health and life insurance plans unless the company can show that terminating a plan is a necessary part of its reorganization. Even if the language of its benefits plans reserves the right to terminate the plan to the company, it will have to continue the benefit plan(s). The case, In re: Visteon Corp., required the court to determine whether the Retiree Benefits Bankruptcy Protection Act ('RBBPA') should be applied over ERISA, the Employee Retirement Income Security Act, the main federal law that governs employee benefits. The Third Circuit Court of Appeal held that the bankruptcy law applied to all employee benefits. In applying the RBBPPA, the court concluded that Congress meant to give special protection to retired employees in the bankruptcy process.

Comment: This is a significant ruling. Previously, the lower courts that considered this issue allowed employers to terminate their benefit plans whether or not they could show that plan termination was a necessary part of a reorganization. The decision is being hailed as a victory for labor, because the longstanding view was that an employer with a plan that had language which allowed termination in its terms could basically end the plan any time the employer desired. It would not be surprising to see this issue decided by the U.S. Supreme Court in the future.

For the complete story about the case, visit Law.com.

Copyright (c) 2010 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 Attorney John Tucker Lectures at AAJ National Convention in Vancouver

Florida attorney John Tucker delivered a lecture titled Social Security Benefits as an Offset to Long Term Disability Benefits at the American Association for Justice ('AAJ') Annual Convention in Vancouver, British Columbia on Sunday, July 11, 2010. Mr. Tucker's lecture focused on the impact of Social Security Benefits on the benefits disabled people receive under private Disability Insurance policies and ERISA Disability benefit plans. 'ERISA' stands for the Employee Retirement Income Security Act of 1974, the federal law that governs employer group insurance and pension plans.

Many attorneys and disability claimants do not realize that Social Security Disability benefits are often deducted from payments made under Disability Insurance and ERISA benefit plans. Interpretation of insurance policy and plan language play a big role on how and when these offsets are taken.

Mr. Tucker concentrates his practice on representing individuals in Individual Disability Insurance, ERISA Disability, Social Security Disability and Veterans Disability Compensation claims and lawsuits. Mr. Tucker is a frequent author and lecturer on topics related to disability insurance and other disability benefits. His recent speaking engagements include lectures and panel presentations delivered to the American Bar Association, the National Association of Disability Representatives, AAJ, and the Florida Justice Association.

Copyright (c) 2010 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.

Over 3 Million People Expected to Apply for Social Security Disability in 2010

CBS News reported that Social Security is expecting over 3.3 million people to apply for Social Security Disability in 2010. That is an increase of 300,000 over last year, and 700,000 over 2008.

In addition to describing the application process, the article also discusses the lengthy waiting times people have to get benefits. On average around the country, a person will wait 777 days from the day they apply to when they are finally approved. Since that is an average, it means many applicants wait much longer.

Comment: A combination of factors is impacting this rise. Baby boomers are reaching middle age. The bulk of people applying for disability benefits are in their 50's. The poor economy is also at work, forcing those who were barely able to hold a job or who were getting accommodations from employers out of the workforce. Without any place to get a job, many are applying for disability benefits through Social Security and private or group disability insurance policies.

Copyright (c) 2010 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.

Nortel Networks Announces It Is Terminating Long Term Disability Payments to U.S. Employees

Nortel Networks, once a strong player in the telecommunications market with over 8000 employees, has announced that as part of its bankruptcy it will terminate Long Term Disability, retiree and other benefits to employees in the United States on August 31, 2010. The company also announced that it will terminate the employment of those employees receiving Long Term Disability benefits.

Unfortunately, ERISA - the Employee Retirement Income Security Act, the federal law that governs employee benefits - offers no protection for people who make Long Term Disability ('LTD') claims under an employer's self-funded LTD plan if the employer later goes bankrupt. Compared to an insured plan where an employer buys a group insurance policy to pay claims, self-funded ERISA plans are paid from a company's general funds. Although pensions have some limited protection under ERISA, other benefits like Long Term Disability plans typically do not survive bankruptcy.

If one can afford it, it is almost always better to supplement any company funded disability or life benefits with private insurance policies. Having a private policy gives piece of mind to an employee that they will still have disability or life insurance, even if their employer goes bankrupt.

Copyright (c) 2010 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.

My doctor says I am limited to "Light Duty." Why was my disability claim denied?

To doctors, restricting you to "light duty" usually means that you need some kind of accommodation to perform your job. This can include a reduction in work hours, performing less physically or mentally demanding tasks, and having fewer duties.

However, when your doctor says you can do "light duty," the Social Security Administration and many insurance companies will assume that means you can perform "light work," which is not always the same thing.

In classifying the type of work that you can do, Social Security and most insurance companies rely on the definitions found in the Dictionary of Occupational Titles, a publication of the U.S. Department of Labor. Light work is defined as:

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.

For the most part, if you are able to do light work, you are also considered to have the ability to perform sedentary work as well. "Sedentary" is the term for jobs that are typically done in seated in a chair. These classifications encompass a wide range of jobs in the national economy at all education and skill levels.

In a Social Security claim, if you can perform the full range of light work, your claim will be denied unless you are:

• Older than 50 and are illiterate and unable to communicate in English with an unskilled work history
• Older than 55 with no transferable skills

In a disability insurance claim, the definition of disability depends on your policy, so it is important to know what that definition is. Depending on your job and the policy, being limited to "light duty" may still mean that the insurance company finds you to be disabled because you cannot perform your regular job. However, the insurance company could have a much stricter definition of disability and your claim could be denied.

Your doctor will put you in a much better position to be approved for disability benefits if he or she lists your specific restrictions or why you would only be able to perform light duty, including workplace accommodations needed, restrictions on the number of hours you can work, and physical and mental limitations.


Copyright (c) 2010 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 Social Security Hearing Office Opens in St. Petersburg, Florida

A new Social Security hearing office has opened in St. Petersburg, Florida with the first hearings scheduled in July. Social Security calls these locations 'Offices of Disability Adjudication and Review' (abbreviated 'ODAR'). Hopefully, the new office will reduce the wait time and cut down travel for many Tampa Bay area claimants who previously had their hearings pending in the Tampa office.

For more information, click here.

Copyright (c) 2010 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.

MetLife announces that it is getting into the managed disability/health market....Probably not a good sign for employees.

On June 10, 2010, MetLife issued a press release announcing that it is marketing an "integrated" disability and health program to employers. This would be offered as employer group coverage, and of course, it will be covered by ERISA - the Employee Retirement Income Security Act (the Federal law that governs employee benefits).

From my experience with my clients who are receiving Long Term Disability benefits, the more that insurance companies manage disability involves more active claims handling to get people back to work and to avoid paying claims. If more active disability claim management becomes a trend in the insurance industry, we should all expect more denied claims.

You can find the text of MetLife's press release on BusinessWire.

Copyright (c) 2010 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 long does it take to get Social Security Disability benefits after a hearing?

After waiting many, many months for a hearing, most claimants are disappointed to hear that it can take several months after the hearing to received their benefits.

In Florida, most judges take between 1-3 months to issue their written decision. If it is a favorable decision, the case is then sent to the payment processing center, where it can take another 1-3 months for benefits to be issued. Sometimes, Social Security will begin issuing monthly benefits but is not able to release the back payments for several more months while they investigate if the claimant received any Supplemental Security Income benefits. If you have a claim for Supplemental Security Income benefits, you will have to call or go to your local Social Security office for an appointment before your benefits can be released.

While there are no rules requiring that Social Security release your benefit within a certain amount of time, if you have not received your benefits 60 days after your hearing, you should call your local Social Security office or your disability lawyer for assistance.

Copyright (c) 2010 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 My Disability Insurance Benefits Taxable?

Are my Short Term or Long Term disability insurance benefits taxable? As a general rule,

• If your employer paid the premium, then your disability insurance benefits are taxable.
• If you paid the premium using after-tax dollars, then your benefit is not taxable.
• If you paid only a portion of the premium using after tax dollars while your employer paid the rest of the premium, then the benefit is taxed proportionally.

If you need further information, you should seek and rely on tax advice from a professional accountant, tax preparer, or tax attorney concerning any tax matters.

Copyright (c) 2010 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.

Reimbursing the County for Financial Assistance

Many people need financial assistance while waiting for their disability benefits. You can click here for a list of resources that may help you while waiting for your money to come in.

However, be aware that if you receive assistance from the county to pay for rent, food, or medical assistance, you may be required to pay back some or all of the money if your benefits are approved. That means that you will not get the large lump sum payment that you might be expecting. Before agreeing to any assistance, make sure to ask if you will be required to reimburse the county or organization and carefully read all of the paperwork before you sign it, or you may end up with a not so pleasant surprise.

Copyright (c) 2010 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 my Social Security Disability benefits taxable?

According to the Social Security website, your benefits are taxable if:

• You file a federal tax return as an individual and your total income is more than $25,000
• You file a joint federal tax return and you and your spose have a total income that is more than $32,000

If you need further information, you should seek and rely on tax advice from a professional accountant or tax preparer concerning any tax matters.

Copyright (c) 2010 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.

FDA Announces Pfizer recall of Metronidazole, Ciprofloxacin and Ondansetron IV Products.

Pfizer has voluntarily recalled these drugs due to sterility issues. Metronidazole and Ciprofloxacin injections are intravenous antibiotics used to treat infections. Ondanstetron is an I.V. product used to treat nauseau and vomiting related to chemotherapy and surgery. This recall applies only to injection/intravenous products, and is particularly critical for those who are immunocompromised due to the risk of fatal infection.

You can view the full FDA announcement at http://www.fda.gov/Safety/Recalls/ucm214848.htm.

Copyright (c) 2010 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.

Should I attend a Social Security video hearing?

Should I attend a Social Security video hearing?

I was asked by a client this morning about video hearings in Social Security cases. I have found no problems in handling hearings by video. I have a video hearing later today, and in my experience, it has shortened the waiting times for a hearing. While you have the option to refuse a video hearing and demand a live hearing, I do not recommend that to my clients.

How do I apply for Veteran's Disability benefits with the V.A.?

The Department of Veteran's Affairs (VA) uses an online application process to apply for VA Compensation (Disability Benefits). You can find that application on the VA website at https://vabenefits.vba.va.gov/vonapp/main.asp

You are not allowed to hire an attorney at the initial application phase. However, you can use one of the many veterans service organizations to assist you, and we recommend that you contact one of them. There is a list of these organizations on the VA website at http://www1.va.gov/vso/index.cfm?template=view

If you are denied VA compensation benefits, you can hire an attorney to file a Notice of Disagreement and handle your appeal. You should contact an attorney for an opinion about your rights to appeal and your likelihood of success.

Copyright (c) 2010 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.

When Can I Apply for Social Security Disability Benefits?

Many people believe that you cannot apply for Social Security disability benefits until you are out of work for a year. Not true! Even if you have just stopped working, if you have a condition that is expected to last for at least a year or cause your death, you should apply right away.

Social Security uses a 5 step sequential evaluation process to determine if you are disabled. As a starting point in their first 2 steps, you must have a "severe" mental or physical impairment that has lasted or is expected to last for a continuous period of 12 months or results in death and impacts your ability to do work related activities. This means that disability benefits a condition like a broken bone will usually not be approved unless there are major complications, because you would be expected to heal in less than a year. However, if you have a condition that is not expected to approve that impacts your ability to work, you can be approved for benefits even if you have just stopped working.

Remember that the date you apply can affect the amount of benefits you receive. The disability process can be a long one, so you should apply as soon as possible.

Copyright (c) 2010 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 Attorney John Tucker to Speak At American Association for Justice National Convention

Disability lawyer John Tucker of Tucker & Ludin will be a featured lecturer at the National Convention of the American Association for Justice in July 2010. Mr. Tucker will present a lecture on the interrelation between Social Security Disability benefits and Long Term Disability benefits at the Convention, which will be held in Vancouver, British Columbia, Canada.

Mr. Tucker is a frequent author and lecturer at the national and local level in the areas of disability benefits, disability law, and proving disability claims.

Copyright (c) 2010 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.

Smoking and Social Security Disability Benefits

At a Social Security disability hearing, your claim will be decided by an Administrative Law Judge ("ALJ"). If you are applying for disability benefits, you should be aware that there are ALJs who are biased against smokers and will use it as a reason to deny claims.

Pain and smoking
Studies have shown that smokers tend to be less responsive to chronic pain treatments. Particularly in cases of spinal surgical procedures, smoking also can interfere with healing. Everydayhealth.com states that smoking makes chronic pain worse, increases pain sensitivity and perception, and interferes with pain medication. Because of the research, there are some ALJs who believe that a claimant would not be disabled and would not have as much pain if they simply stopped smoking and will deny benefits because of it. Some ALJs also deny benefits for conditions like emphysema or other lung diseases if the claimant smokes because they believe the claimant's condition would improve by stopping smoking.


Credibility:
The ALJ may also question your believability if you say you cannot afford to see a doctor or pay for pain medication, yet you smoke. Appeals courts have agreed with ALJ's who have found that a claimant was not believable in saying that they could not afford treatment but were able to buy and smoke cigarettes.

If you are applying for Social Security Disability or SSI benefits, consider quitting to avoid the problem of ALJ bias against smokers. For additional help with your disability claim, contact a disability attorney.

Copyright (c) 2010 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 Can My Doctor Help My Disability Claim?

It is important for your doctor to realize that in Social Security disability and disability insurance claims, it is not enough to simply state that you are "unable to work." Your doctor can do the following to help your claim:

• Keep thorough, easy-to-read records
• Document all of your complaints
• List all of your side effects from treatment and medication, such as drowsiness, difficulty concentrating, inability to engage in complex tasks that require attention, headaches, nausea, etc.
• In addition to listing your conditions, your doctor should note your restrictions and limitations. This can include, for example, an opinion about how long you can sit, stand, and walk, how much weight you can lift, if you can use your hands and fingers, how long you can concentrate, and how many times you would be expected to be absent from work in a month. Your doctor can even fill out the form found here.
• List any non-exertional impairments. Non-exertional impairments are any limitations and restrictions that are not part of the strength demands of a job (sitting, standing, walking, lifting, carrying, pushing, and pulling). They include such as problems with hearing, vision, dizziness, fatigue, headaches, concentration, incontinence, frequent urination, anxiety, depression, sleep disorders, cognitive disorders, or need to take frequent breaks.
  

By keeping excellent records of all of your conditions, symptoms, and limitations, your doctor will place him or herself in a position to offer an accurate and credible assessment of your disability for the Social Security Administration and disability insurance company.

Copyright (c) 2010 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 Benefits for Mental Health Conditions: How Your Doctor Can Help

In order to prove that you are disabled due to a mental health condition, Social Security and/or your insurance company will want information about how your condition prevents you from working. Your doctor can help by giving specific information about how your symptoms impact the following areas at work:

Concentration, persistence, and pace

• How long can you pay attention at one time?
• How long can you pay attention over the course of a day?
• Do you need breaks more than once every two hours?
  

Absenteeism due to your psychological problems

• How many days a month would you be expected to be absent from work?
• Would you need a flexible schedule?

Ability to sustain competitive employment, 8 hours a day, 40 hours per week

• Would you need extra breaks the more you work?
• Would your symptoms worsen over the course of a day or a week if you worked?
  

Ability to understand, remember, and carry out both simple and detailed instructions and work-like procedures

Ability to interact appropriately with the public, supervisors, and coworkers

• How do you react to criticism?
• Are you cooperative?
• How do you deal with authority figures?
• Do you communicate clearly with others?

Ability to respond to normal work stress

Ability to perform simple, routine tasks

• Do you need extra supervision to carry out your duties?
• Can you finish tasks without distraction?

Your doctor should indicate your level of functioning in these areas. Do you have an unlimited, limited, or very limited ability? Are you unable to function at all in these areas?

By providing Social Security or your insurance company with this information, you will help your disability claim by giving a complete picture of your ability to work.

Copyright (c) 2010 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.

If I get disability benefits, can I take money out of my 401k without paying the 10% penalty?

If you get Social Security Disability or Long Term Disability (or some kinds of VA disability benefits), you may be able to avoid paying the 10% early withdrawal penalty if you take funds out of your 401k plan.

A lot of people who get disability benefits have to tap into their 401k plans to pay bills and take care of other expenses. When you do that, you usually will get a Form 1099-R for the distribution, and box 7 will usually be checked indicating it is a loan. You will have to pay the loan back at a reasonable interest rate, or you face paying a 10% early withdrawal penalty.

However, if you are disabled, you can avoid the 10% penalty. You prove disability by showing that you cannot perform substantial gainful activity because of your physical and mental conditions. This is very similar language to Social Security's disability standard. It is also the same language the government uses for a person to prove 100% disability based upon individual unemployability (often called a claim for 'TDIU') under the VA disability system. It probably is not the same language you will find in your Long Term Disability ('LTD') insurance policy or ERISA (group employer or union) plan. However, if LTD plan pays benefits based upon your inability to engage in any occupation and you have proven that, it is very similar.

Visit the IRS web site to learn more about early 401k withdrawals. Talk with your CPA about filing Form 5329 and entered code 03 on the form.

Copyright (c) 2010 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 Attorney John Tucker Was on Faculty at National Association of Disability Representatives Convention

On April 27, 2010, Disability Attorney John Tucker served on the faculty at the 10th Annual Disability Benefits Law Convention of the National Association of Disability Representatives ('NADR') in Chicago. NADR is a professional organization made up of attorneys and non-attorneys that represent individuals in Social Security Disability and SSI claims.

Mr. Tucker is a frequent lecturer and author on disability topics, including Individual Disability insurance, ERISA (group) Disability benefits, Credit Disability Insurance, Social Security Disability, and Veterans Disability benefits.

Copyright (c) 2010 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 Much Will I Get From Social Security Disability? Check Out the Social Security Benefit Calculator!

Social Security Disability benefits are based upon what you have paid into the Social Security system in taxes. Each year, when you file your tax return, you report how much money you earned. The amount of money you receive depends upon the amount of money you have paid in.

You can check your annual Social Security Statement when you receive it in the mail for what your disability benefit would be if you become disabled. However, you can also check Social Security's website. Just follow this link: http://www.socialsecurity.gov/estimator/

Copyright (c) 2010 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 Long Will It Take to Get My Social Security Disability Hearing -- Social Security's Own Statistics Tell Us.

As part of Social Security Administration's ('SSA') new Open Government initiative, the SSA website has a variety of statistics that are helpful. Included among these, is a chart showing the average waiting time for each hearing office in the nation. As the SSA website says:

"A presentation of the average time (in months) from the hearing request date until a hearing is held for claims pending in the Office of Disability Adjudication and Review's hearing offices. Allows users to estimate the amount of time they may have to wait for a hearing to be held."

One of the hardest parts of my job as disability attorney representing the disabled is to explain how long people must wait just to get a hearing in their case. These are the most up to date statistics out there. As disappointing as they may be, SSA is getting faster over time. I just attended a conference and heard a speech by SSA Commissioner Michael Astrue in which he went into great detail about how SSA has cut the waiting time significantly. He also explained their continuing effort to get this wait down even more.

Click here to view Social Security's hearing waiting time statistics: http://www.ssa.gov/appeals/DataSets/01_NetStat_Report.html.


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.

Social Security Website Now Shows ALJ Disposition Statistics

If you would like to see statistics on how frequently certain Administrative Law Judges allow or deny claims, the Social Security Administration's website has added a page as part of its Open Government initiative to give you that information. Just go to: http://www.ssa.gov/appeals/DataSets/03_ALJ_Disp.html

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.

FDA Approves New Pancreatic Enzyme,Pancreaze

If you are disabled from conditions like cystic fibrosis, chronic pancreatitis, or pancreatic cancer, the FDA has approved a new pancreatic enzyme drug called Pancreazes. For more information, visit the Food and Drug Administration's web site: www.fda.gov.

Copyright (c) 2010 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.

Mortgage Foreclosures Continue to Plague Consumers, Particularly the Disabled

Many of my disabled clients are facing foreclosure every day. If you are having trouble paying your mortgage, you are not alone.

A few weeks ago, the Florida Supreme Court issued an Order which requires the parties in foreclosure cases to participate in mediation (a kind of settlement conference). Our experience with mediation has been very successful, and Florida has always been on the cutting edge when it comes to alternative methods of resolving disputes. However, you should NEVER go to mediation alone! At least look into hiring an attorney to handle any foreclosure case.

Tucker & Ludin does not handle mortgage foreclosure cases, but we know lawyers all over the country who do. I recommend that you ignore advertisements and ask a lawyer that you know for a referral to a local foreclosure defense attorney if you are faced with this situation. Feel free to call or email me if you don't know an attorney to ask.


Copyright (c) 2010 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.

Do I Have to Go to the Doctor Appointment Social Security Schedules For Me? YES!

A new client of mine just had his Social Security Disability claim denied...I believe the reason is that he refused to attend the medical examination that the Social Security Administration scheduled for him. In my experience, when a claimant does not attend a medical examination that the government schedules, the denial is basically automatic.

The reason why the government case worker schedules these Consultative Examinations (called a "CE") is because they were not able to get enough medical evidence to decide your case. It could be that they did not get all of your medical records. It could also be that you are not seeing a doctor in the specialty that best evaluates your medical condition. By not going to the CE, you are keeping the case worker from getting the information they feel they need to decide your claim completely. Of course, the government does not always use doctors that are fair or objective. That is a fact of life. However, as a general rule, not going to a CE will almost always get your claim denied for lack of evidence.

Are there legal reasons that you might want to skip the CE appointment. Yes, but from a practical standpoint, there is no reason to skip the CE in most cases. Why risk having the case denied just because you fail to attend an examination that Social Security schedules for you?

Copyright (c) 2010 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 Benefits Lawyer John Tucker at (866) 282-5260.

Gunman Opens Fire After Losing Social Security Disabilty Case

The following was taken from a Fox News report yesterday:

A gunman upset over losing his Social Security benefits case, opened fire in the lobby of a federal building in downtown Las Vegas on Monday, killing a court officer and wounding a deputy U.S. marshal before he was shot to death.

Two officials, speaking on condition of anonymity, because they were not authorized to discuss the case, identified the shooter as Johnny Lee Wicks to the Associated Press.

While an investigation is under way, the officials say the early evidence points to the man's anger over his benefits as motive for the shooting.

Court records shoe Wicks sued the Social security Administration in 2008, but the case was thrown out and formally closed in September 2009.

Dave Oney, spokesman for the U.S. Marshals Service, told Fox News that the deputy marshal and a court security officer were shot at approximately 8 a.m. in the lobby of the Lloyd D. George Federal Courthouse.

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.

Latest Social Security Hearing Statistics Show Waiting Time is Still Excessive

The Social Security Administration's "processing time" statistics for its hearing offices are still showing significant delays in the waiting time to have a Social Security Disability claim heard by a Judge. In some areas, the local Office of Disability Adjudication and Review ("ODAR") is taking over 650 days.

Social Security's statistics (which were released as of October 30, 2009) show that in Florida, the hearing office waiting times are as follows:

• Ft. Lauderdale ODAR - 403 days
• Jacksonville - 451 days
• Orlando - 469 days
• Tampa - 515 days

The wait from when from the day a hearing request is received to the date a hearing is held has been decreasing over the past year. Hopefully, Social Security will continue to devote the resources needed to further decrease the delay.

Copyright (c) 2010 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.