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.