John Tucker is an AV-Peer Review Rated disability benefits attorney in Florida who helps injured and sick people throughout the United States get Long Term Disability insurance, ERISA Disability, Social Security Disability, SSI Disability, and Veterans (VA) Service-Connected Compensation Disability benefits. This blog offers tips and comments about disability claims.
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Wednesday, September 7, 2011
Social Security Adds New Conditions to Fast Track Disabilitty Approval Process
Compassionate Allowances are a way to quickly identify diseases and other medical conditions that, by definition, meet Social Security’s standards for disability benefits. These conditions primarily include certain cancers, adult brain disorders, and a number of rare disorders that affect children. “We have reached a significant milestone for the Compassionate Allowances program,” Commissioner Astrue said. “We have an obligation to award benefits quickly to people whose medical conditions are so serious they clearly meet our disability standards. We are now able to do precisely that for 100 severe conditions.”
The Compassionate Allowances initiative is one of two parts of the agency’s fast-track system for certain disability claims. When combined with the Quick Disability Determination process, Social Security last year approved more than 100,000 cases, usually in less than two weeks. This year, the agency expects to fast-track nearly 150,000 cases. Social Security has held seven public hearings and worked with experts to develop the list of Compassionate Allowances conditions. The hearings also have helped the agency identify additional ways to improve the disability process for applicants with Compassionate Allowances conditions. “By definition, these illnesses are so severe that we don’t need to fully develop the applicant’s work history to make a decision,” said Commissioner Astrue. As a result, beginning in August, Social Security is eliminating this part of the application process for people who have a condition on the list. For more information on the Compassionate Allowances initiative, see www.socialsecurity.gov/compassionateallowances.
For assistance with your Social Security Disability or SSI claim, call Clearwater / Tampa Disability Lawyer John V. Tucker at (866) 282-5260.
Sunday, September 4, 2011
Could Proposed Pentagon Plan to Start Military Retirement At Normal Retirement Age Impact VA Disability Claims?
I have not had the chance to review the Pentagon report yet. However, I wonder if they considered the impact on VA disability claims if they implement this suggested system. It seems likely that more long-term service members would be sure to report their service-connected medical conditions before they left service in an effort to collect VA service-connected compensation in the absence of their pension. Just wondering...
Copyright (c) 2010, 2011 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 Tampa, Florida Disability Lawyer John Tucker at (866) 282-5260.
Tuesday, August 30, 2011
Excellent Tips to Help You Get the Most Out of Your 401k
Forbes' contributor, Michael Chamberlain, offers the following list of mistakes that people often make in relation to the 401k offered by their employer:
- Not participating in the plan at all.
- Failing to contribute adequate percentages to get the company match.
- Not understanding how much needs to be contributed to have the desired retirement income.
- If the participant does understand how much should be contributed, failing to put that level into the plan.
- Not understanding the level of risk in the investments selected.
- Taking too much risk or too little risk with the investments.
- Thinking that the “education” provided by the financial services company associated with the plan is investment advice.
- Believing that if one target date fund is good, thinking that investing in two or more would be better.
- Not understanding the costs of the 401(k).
- Putting too much into company stock.
- Borrowing from the 401(k).
- Cashing out the plan when changing jobs.
- Rolling over the 401(k) at retirement into an IRA with a broker-dealer who takes large commissions out of the account on the sale of new investments.
All in all, it is a short read, but well worth it if you participate in a 401k, have a family member that participates in a 401k or you may be eligible to participate in a 401k.
If you need assistance with an ERISA claim, including pension and 401k problems, please call Florida ERISA Attorney John Tucker at (866) 282-5260.
Thursday, August 25, 2011
Gulf War Syndrome - VA Service Connection
A prominent condition affecting Gulf War Veterans is a cluster of medically unexplained chronic symptoms that can include fatigue, headaches, joint pain, indigestion, insomnia, dizziness, respiratory disorders, and memory problems.
VA does not use the term “Gulf War Syndrome” when referring to “medically unexplained chronic multi-symptom illnesses” reported by Gulf War Veterans. Symptoms vary widely and therefore, do not meet the definition of a syndrome. A syndrome is a group of symptoms that usually occur together and characterize a certain disease or abnormal condition. That is why VA uses the term “medically unexplained chronic multi-symptom illnesses” instead of “Gulf War Syndrome.”
Military Service Connection
Gulf War Veterans who meet the criteria below do not need to prove a connection between their military service and medically unexplained chronic multi-symptom illnesses in order to receive VA disability compensation.VA presumes certain chronic, unexplained symptoms existing for 6 months or more are related to Gulf War service without regard to cause. These "presumptive" illnesses must have appeared during active duty in the Southwest Asia theater of military operations or by December 31, 2011, and be at least 10 percent disabling. These illnesses include:
- Chronic fatigue syndrome, a condition of long-term and severe fatigue that is not relieved by rest and is not directly caused by other conditions. Find out more about chronic fatigue syndrome*, treatment, and the latest medical research at Medline Plus.
- Fibromyalgia, a condition characterized by widespread muscle pain. Other symptoms may include insomnia, morning stiffness, headache, and memory problems. Find out more about fibromyalgia*, treatment, and the latest medical research at Medline Plus.
- Functional gastrointestinal disorders, a group of conditions marked by chronic or recurrent symptoms related to any part of the gastrointestinal tract. Functional condition refers to an abnormal function of an organ, without a structural alteration in the tissues. Examples include irritable bowel syndrome (IBS), functional dyspepsia, and functional abdominal pain syndrome.
- Undiagnosed illnesses with symptoms that may include but are not limited to: abnormal weight loss, fatigue, cardiovascular disease, muscle and joint pain, headache, menstrual disorders, neurological and psychological problems, skin conditions, respiratory disorders, and sleep disturbances.
Infectious Diseases
VA presumes certain infectious diseases also are related to military service in Southwest Asia or Afghanistan.VA Benefits for Illnesses Related to Gulf War Service
Eligible Veterans may receive VA disability compensation and health care for illnesses related to their military service.VA offers eligible Veterans a free Gulf War Registry health exam for possible long-term health problems related to Gulf War service.
Surviving spouses, dependent children and dependent parents of Gulf War Veterans who died as the result of illnesses related to Gulf War service may be eligible for survivors' benefits.
If the VA has denied your claim for service-connected compensation and you are looking for a VA disability attorney, call Disability Lawyer John Tucker at (866) 282-5260. Main office in Clearwater, Florida serving veterans all over the U.S.
Tuesday, August 23, 2011
MSN Money Reports Baby Boomers Will Cause Social Security Disability Trust Fund To Run Out of Funds In 2017
Monday, August 22, 2011
Fox News Reports on Social Security's Possible Insolvency
Here is an interesting article from Fox New's website:
Social Security Disability Insurance on Brink of Insolvency
Link to Original article: http://www.foxnews.com/politics/2011/08/21/social-security-disability-insurance-on-brink-insolvency/Full Text Listed below.
Sunday, August 21, 2011
A look at Social Security's Disability Program
Some interesting statistics thanks to an article from the Washington Post's website, August 21, 2011 edition.
By Associated Press, Updated: Sunday, August 21, 10:31 AM
Saturday, August 20, 2011
2011 Edition of Federal Benefits for Veterans, Dependents & Survivors Booklet Released
If you have been denied VA Service-Connected Compensation benefits, call Disability Lawyer John Tucker at (866) 282-5260. Proudly representing veterans in every state in the U.S.A.
Thursday, August 18, 2011
VA Bay Pines Medical Center to Get New Director
The Bay Pines VAMC rests on a beautiful campus on Florida's west coast in Pinellas County, situated between Clearwater and St. Petersburg. It is the the fourth largest veterans medical facility in the U.S.. It has nearly 4000 employees and treats about 100,000 veterans a year on a budget approaching $500 million. Most of the Veterans I have represented and gotten to know in the area tell me they get good care at Bay Pines. Their doctors are not very willing to fill out forms or write letters in the different types of disability cases we handle (like Social Security Disability or private disability insurance claims), but the majority of the medical professionals at the VAMC get high marks from my clients.
Copyright (c) 2010, 2011 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.
Monday, August 15, 2011
VA Creates Women's Outreach Center
“We are taking a proactive approach to enhancing VA health care for women Veterans,” said Secretary of Veterans Affairs Eric K. Shinseki. “We are seeking the input of women Veterans so that VA can continue to provide high quality health care to the growing numbers of women Veterans.”
Representatives at VA’s Health Resource Center (HRC) are placing calls to women Veterans nationwide, asking them to share their experiences with VA and suggest potential enhancements that will further VA’s mission to provide the best care anywhere.
Women Veterans are one of the fastest growing segments of the Veteran population. Of the 22.7 million living Veterans, more than 1.8 million are women. They comprise nearly 8 percent of the total Veteran population and 6 percent of all Veterans who use VA health care services.
VA estimates by 2020 women Veterans will constitute 10 percent of the Veteran population and 9.5 percent of VA patients. The HRC, which started placing calls on June 1, is contacting women Veterans who have enrolled, but have not begun using VA services.
“Through this contact center, we are placing friendly, conversational calls to women Veterans,” said Patricia Hayes, chief consultant of the VA’s Women Veterans Health Strategic Health Care Group. “We want these Veterans and their caregivers to talk candidly about why they are not using VA, whether they are aware of the gender-specific services we offer, and what additional services they would like to see VA offer.”
The HRC representatives making the calls are also informing women Veterans about the services VA offers and quickly connecting them with appropriate departments if they are interested in trying VA health care. Veterans who have complaints about VA are connected to a patient advocate who helps resolve issues.
VA has trained professionals in all aspects of women’s health, including general primary care, osteoporosis management, heart disease, mental health care, menopausal services and obesity-related issues, such as diabetes. Preventive screenings for breast and cervical cancer are also areas in which VA excels. Soon, all VA facilities will offer comprehensive primary care for women from a single provider.
The Women Veterans Health Care program has made significant changes in the last few years to enhance the health care offered to eligible women Veterans. This progress includes:
· Adopting key policies to improve access and enhance services for women Veterans;
· Implementing comprehensive primary care for women Veterans;
· Conducting cutting-edge research on the effects of military service on women’s lives;
· Improving communication and outreach to women Veterans; and
· Providing mental health, homelessness and other services designed to meet the unique needs of women Veterans
For more information about VA programs and services for women Veterans, visit: www.va.gov/womenvet and www.publichealth.va.gov/womenshealth.
For assistance with a VA service-connected disability claim call Florida VA Lawyer John Tucker at (866) 282-5260.
Friday, August 12, 2011
Despite Propane Leak - Tampa's Haley VA Medical Center is Open Today
Copyright (c) 2010, 2011 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.
Thursday, August 11, 2011
Social Security Issues New Pamphlet Explaining Social Security Disability
It explains things like:
- Quarters of Coverage to be insured for disability;
- How to apply for Social Security Disability (you can also see my website for a quick link to their application page);
- What information you need to apply for disability;
- How Social Security decides if you are disabled under their system;
- Family benefits;
- When you get Medicare if you are found disabled; and
- How working impacts a disability claim;
Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. If you live in Florida and have questions about Social Security Disability, need help filing for Social Security Disability, or appealing a denied Social Security Disability claim, call Disability Benefits Attorney John Tucker at (866) 282-5260.
Monday, August 8, 2011
How do I get a copy of my company's ERISA Summary Plan Description
If you have employee benefits through your job, you are participating in an ERISA plan. That is a benefit plan covered by the federal Employee Retirement Income Security Act. If you want to know the rules that apply to your ERISA plan, you have to get the Plan's Summary Plan Description (abbreviated "SPD"). For example, if you want to know what you have to prove to show that you are disabled under your company's ERISA Long Term Disability Plan, you need to read the SPD. Do not rely on what they tell you on the phone or write you in a letter.
So, how do you get the SPD? Write a letter to the Plan Administrator asking for it and giving them an address where they can mail a copy back to you. That is often an insurance company that runs the plan for your employer. If you do not know who the Plan Administrator is, follow these rules:
· Send a letter asking for the SPD to your employer’s Human Resources or Employee Benefits office.
· If you are in a union plan, send it to the Union local and headquarters.
· If the plan relates to insurance, send a copy of the letter to the insurance company. If you are not sure of the insurance company’s address, look online or call “800” directory assistance and see if they have a toll free number. Call them and ask their street address for deliveries (you need that address, not a P.O. Box, to send the letter by FedEx, UPS or similar delivery).
· If it is a pension or 401k plan, send it to the employer and the investment administrator.
When you send your letters, be sure to send each copy by U.S. Postal Service certified mail or overnight delivery, FedEx, UPS, or some other way that has a tracking number, so you can prove it was received and the day it was received. You may be sending it to more than one person or company, so be sure to send each one by a verifiable method.
The ERISA law gives the plan administrator 30 days to send you a copy after they get your letter. If you can't prove when they got it, you can't count the 30 days (that is one reason why you must send it by FedEx, UPS, etc.). If you do not receive the Summary Plan Description 30 days after they receive it, I recommend that you call an ERISA benefits Attorney.
Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. If you need help with an ERISA claim in Florida or anywhere in the United States, call Tampa ERISA Disability Lawyer John Tucker at (866) 282-5260.
Friday, August 5, 2011
Social Security to Close Field Offices 30 Minutes Early Every Day to Save Money
A Message To All SSA and DDS Employees
Subject: New Social Security Field Office Hours
Given the tight budget situation, we must continue to make tough choices. The latest decision is that, beginning August 15, 2011, we will close Social Security field offices to the public 30 minutes early each day. For example, a field office that is usually open to the public Monday through Friday from 9am to 4pm will now close daily at 3:30 pm.
Reducing hours will allow field office employees, who will continue to work their regular hours, to complete interviews without using overtime. That's essential because Congress provided us with nearly $1 billion less than the President requested for our budget this fiscal year, which makes it very hard to provide the amount of overtime that our usual business process requires.
Field offices have lost nearly 1,600 workers over the past nine months, and we cannot afford to replace that staff. As a small measure to help deal with those losses, we will close field offices to the public on Friday, November 25, 2011. Field office employees who work on that day will use the day for backlog reduction. As we try to adapt to these difficult fiscal times, we need to remind the public that they can find many services and get up-to-date information online or via our 800 number.
Soon I will be announcing policy changes that will allow us to work more efficiently. Please know that we are doing what we can to help you during these difficult times.
Michael J. Astrue
Commissioner
Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. If you need help from a Florida Social Security Disability attorney, particularly if you live in the Clearwater, St. Petersburg or Tampa areas, call Disability Lawyer John Tucker at (866) 282-5260. Offices: Clearwater and Tampa.
Tuesday, August 2, 2011
VA's Center for Women Veterans - A Good Resource
- The VA website for Women's Healthcare
- Military Sexual Trauma website
- Center for Women Veterans Fact Sheet
- 2011 National Training Summit on Women's Veterans
- Frequently Asked Questions about the Center for Women's Veterans
Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with a claim for any type of disability benefits, including Veterans Service-Connected Disability compensation, call Florida Veterans Disability Lawyer John Tucker at (866) 282-5260.
Monday, August 1, 2011
John Tucker to Speak at Social Security Disability Seminar in Tampa
For lawyers that are considering expanding their practices to include Social Security Disability, this will be a good introductory seminar. Please consider signing up. I do not get any part of your registration fee, nor do I get paid. I simply hope that more attorneys will consider getting into this area of the law to help people seeking disability benefits.
Here is the registration link: http://www.lawreviewcle.com/cle_credits_law_classes/cle_credits-2011-08-23-tampa-social_security_disability.html
Copyright (c) 2011 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.
Saturday, July 30, 2011
VA Expands Outreach to Women Veterans
Department of Veterans Affairs Hosts 5th National Summit in D.C.
WASHINGTON – Over 700 participants attended the Fifth National Summit on Women Veterans’ Issues July 16-17 at the Hyatt Regency Washington on Capitol Hill. Secretary of Veterans Affairs Eric K. Shinseki gave remarks to open the summit which focused on expanding outreach to women Veterans and increasing awareness of the enhanced VA benefits and services available to them.
“With more women serving in our armed forces than ever before, this summit is an opportunity to exchange ideas and focus attention on the issues and concerns unique to women Veterans,” Shinseki said. “Today, there are over 1.8 million women Veterans of all eras and one of VA’s highest priorities is to continue to expand our services and outreach to ensure they receive the care and benefits they have earned.”
This is the first time VA will provide targeted training, education, and collaborative cross training for its staff responsible for providing services and benefits specifically to women Veterans and their families. Participants include: women Veterans, women Veteran advocates from across the nation, active duty women service members (to include those in the Reserves and National Guard) VA employees who provide care to women Veterans, and representatives from a multitude of Veterans service organizations and nonprofit agencies. VA Medical Centers employ women Veterans program managers; community-based outpatient clinics employ a women’s liaison; and VA regional offices employ a women Veterans coordinator.
"The number of women Veterans using VA health care has doubled in the last decade,” said Patricia Hayes, chief consultant of VA’s Women Veterans Health Strategic Health Care Group. “This training, coupled with direct feedback from women Veterans, will enable VA to continue to enhance health care and services to meet their needs.”
Today, over 200,000 women are serving in the armed forces. About 11 percent of the U.S. forces currently serving in Afghanistan and Iraq are women. Recognizing the valor, service and sacrifice of America’s 1.7 million women Veterans, VA has stepped up its outreach efforts to women Veterans to increase their awareness of the comprehensive array of VA benefits and programs. Women Veterans are entitled to the same benefits and medical care as their male counterparts, including health care, disability compensation, education assistance, work-study allowance, vocational rehabilitation, employment and counseling services, insurance, home loan benefits, nursing home care, survivor benefits and various burial benefits.
In addition, VA also has a multitude of gender specific services and programs that respond to the unique needs of women Veterans, including pap smears, mammography, general reproductive health care, counseling for substance abuse, sexual trauma, depression, and evaluation and treatment for Post Traumatic Stress Disorder (PTSD). For more information about VA visit the website at www.va.gov and its Center for Women Veterans at http://www.va.gov/womenvet.
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For assistance with your Veterans Disability compensation or pension claim, call Florida VA Disability Lawyer John Tucker at (866) 282-5260.
Monday, July 25, 2011
What is a Life Insurance Waiver of Premium Based on Disability?
Some group life insurance plans - including many covered by the federal ERISA law that governs employee benefits - have a provision that allows disabled employees to keep their life insurance coverage. Some refer to these provisions as Life Insurance Waiver of Premium (shorthand: LIWOP). Many people know about their Long Term Disability (LTD) insurance coverage. However, you may also have a waiver of premium provision in your life insurance policy that kicks in based on your disability. Even if you do not have LTD coverage, you may be able to file an application with your life insurance benefits plan administrator asking that your coverage be continued. If you have have LTD coverage, you probably still have to file a separate application with the life plan administrator. Sometimes that will be the insurer, but you can ask your employer or the sponsor of your group life plan for the application for benefits.
Why is a Life Insurance Premium Waiver valuable coverage? Because it means you get free life insurance if you can prove that you are disabled under the plan's definition of disability. There is no standard definition. You have to read the life insurance policy to determine what you have to prove to show that you are disabled. If you have LTD coverage, the definition of disability in your LTD plan may be different than the definition of disability in your Life Insurance policy.
It is strongly recommended that you hire an ERISA Disability Attorney if you think you may hav a Life Insurance Waiver of Premium claim. Hiring an attorney before you file your claim may save you time and let you keep thousands of dollars of life insurance coverage....for free.
Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Florida ERISA claim, or Life Insurance Disability Premium Waiver claim, call Disability Lawyer John Tucker at (866) 282-5260.
Friday, July 22, 2011
Former VA Bay Pines Nurse Accused of Sexual Battery on Patient
Jeffrey Harris was arrested on charges of sexual battery. To the credit of VA Bay Pines Medical Center, they took immediate steps to bar him from patient contact when the allegations first surfaced. According to the paper, a report was released which indicated that Harris may harmed others.
For the full Times story, click here.
For assistance with your Veterans service connected compensation, secondary service connection, Section 1151, or pension claim, call Florida Veterans Disability Lawyer John Tucker at (866) 282-5260.
Monday, July 18, 2011
New Commanding Officer at Marine Corps Blount Island Command
For those of you who are not familiar with the Blount Island Command, 100 Marines and about 900 civilian contractors do an amazing job moving the Marine Corps' east coast equipment and firepower into position in a short period of time. Following the ceremony last Friday, we we treated to a tour of the installation narrated by Master Gunnery Sgt. Duckworth, a Marine who clearly knows his stuff. He explained how Blount Island plans, coordinates and executes the logistics efforts in support of the Maritime Prepositioning Force program and the Marine Corps Prepositioning Program with a fleet of 15 ships. I never cease to be impressed by the commitment and performance of the men and women that serve our country in the armed forces.
I wish the best to Col. Michelsen as he embarks on his tour in charge of the Blount Island Command and hope for a successful mission for all of the Marines under his command.
Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Veterans service connected compensation or pension claim, call Florida VA Disability Attorney John Tucker at (866) 282-5260.
Saturday, July 16, 2011
Fibromyalgia - Some Internet Resources to Understand Your Disability
Knowledge about your condition is very important. Use the following list of online resources to understand your condition and keep up with current treatment options for fibromyalgia.
What is fibromyalgia?
MedlinePlus on Fibromyalgia
PubMed on Fibromyalgia
Mayo Clinic on Fibromyalgia
WebMD on Fibromyalgia
Medicine.net on Fibromyalgia
National Fibromyalgia Association
Fibroymalgia.com
Tests and treatment for Fibromyalgia:
Mayo Clinic
Fibromyalgia Tender Points Diagram (tenderness in these points is an indicator of fibromyalgia):
Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your fibromyalgia disability claim related to your Long Term Disability benefits, ERISA Disability benefits, Social Security Disability, or Veterans Disability compensation or pension, call Florida Fibromyalgia Disability Attorney John Tucker at (866) 282-5260.