Tucker's Disability Benefits Blog

Social Security Adds New Conditions to Fast Track Disabilitty Approval Process

2011-09-07T07:03:00.004-04:00

In July, the Social Security Administration announced that its new "Compassionate Allowances Conditions Fast Track Disability Process" will expand to include 100 Conditions. Social Security Commissioner Michael J. Astrue, announced 12 additional Compassionate Allowances conditions involving severe heart diseases, bringing the total number of conditions in the expedited disability process to 100.

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.

Could Proposed Pentagon Plan to Start Military Retirement At Normal Retirement Age Impact VA Disability Claims?

2011-09-04T08:08:00.002-04:00

CBS News is reporting that a Pentagon study is suggesting that one budgetary fix that may help ease deficits is to move the starting date for military retirement pension payments back to normal retirement age. The report on CBS' webpage states, the "plan, laid out in a 24-page presentation "Modernizing the Military Retirement System," would eliminate the familiar system under which anyone who serves 20 years is eligible for retirement at half their salary. Instead, they'd get a 401k-style plan with government contributions."

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.

Excellent Tips to Help You Get the Most Out of Your 401k

2011-08-30T06:48:00.006-04:00

Occasionally, I offer information on this blog outside of the topic of disability area that I think may be helpful. A large part of our practice involves ERISA, the Employee Retirement Income Security Act of 1974. ERISA is the federal law that regulates your employee benefits if you work (or worked) for a private (non-government or church) employer. We have many clients that come to us with pension and 401k issues. Recently, Forbes.com offered a very interesting article on key mistakes that employees make with their 401k plans.

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.

Chamblerlain also points out key mistakes that sponsors (the ERISA term for employers and unions) make that cause problems for 401k plans and their participants.

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.

Gulf War Syndrome - VA Service Connection

2011-08-25T08:26:00.008-04:00

Gulf War Veterans' Illnesses: Medically Unexplained Chronic Multisymptom Illnesses
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.

VA’s final rule* specifying that functional gastrointestinal disorders are covered as presumptive illnesses takes effect on August 15, 2011.

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.

MSN Money Reports Baby Boomers Will Cause Social Security Disability Trust Fund To Run Out of Funds In 2017

2011-08-23T06:27:00.000-04:00

Laid off workers, aging baby boomers push Social Security disability to verge of insolvency

WASHINGTON (AP) — Laid-off workers and aging baby boomers are flooding Social Security's disability program with benefit claims, pushing the financially strapped system toward the brink of insolvency.

Applications are up nearly 50 percent over a decade ago as people with disabilities lose their jobs and can't find new ones in an economy that has shed nearly 7 million jobs.

The stampede for benefits is adding to a growing backlog of applicants — many wait two years or more before their cases are resolved — and worsening the financial problems of a program that's been running in the red for years.

New congressional estimates say the trust fund that supports Social Security disability will run out of money by 2017, leaving the program unable to pay full benefits, unless Congress acts. About two decades later, Social Security's much larger retirement fund is projected to run dry as well.

Much of the focus in Washington has been on fixing Social Security's retirement system. Proposals range from raising the retirement age to means-testing benefits for wealthy retirees. But the disability system is in much worse shape and its problems defy easy solutions.

Original MSN source page:

http://money.msn.com/business-news/article.aspx?feed=AP&date=20110821&id=14159987

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.

Fox News Reports on Social Security's Possible Insolvency

2011-08-22T06:42:00.002-04:00

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.

Published August 21, 2011 | Associated Press

WASHINGTON -- Laid-off workers and aging baby boomers are flooding Social Security's disability program with benefit claims, pushing the financially strapped system toward the brink of insolvency.

Applications are up nearly 50 percent over a decade ago as people with disabilities lose their jobs and can't find new ones in an economy that has shed nearly 7 million jobs.

The stampede for benefits is adding to a growing backlog of applicants -- many wait two years or more before their cases are resolved -- and worsening the financial problems of a program that's been running in the red for years.

The trustees who oversee Social Security are urging Congress to shore up the disability system by reallocating money from the retirement program, just as lawmakers did in 1994. That, however, would provide only short-term relief at the expense of weakening the retirement program.

Claims for disability benefits typically increase in a bad economy because many disabled people get laid off and can't find a new job. This year, about 3.3 million people are expected to apply for federal disability benefits. That's 700,000 more than in 2008 and 1 million more than a decade ago.

"It's primarily economic desperation," Social Security Commissioner Michael Astrue said in an interview. "People on the margins who get bad news in terms of a layoff and have no other place to go and they take a shot at disability,"

All rights to Fox News and AP.

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

A look at Social Security's Disability Program

2011-08-21T17:39:00.000-04:00

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

WASHINGTON — A look at Social Security’s disability program:

About 13.6 million people receive federal disability benefits.

—7.6 million receive Social Security disability.

—4.4 million receive Supplemental Security Income.

—1.6 million receive both.

Social Security Disability:

—Reserved for people with a substantial work history.

—Average monthly payment: $927

—Financing: A portion of Social Security payroll taxes (the rest goes to the retirement fund).

—Payroll taxes collected for disability program in 2010: $93 billion.

—Total benefits paid in 2010: $124 billion.

—Assets in Social Security disability trust fund at end of 2010: $180 billion.

—Year when trust fund projected to be exhausted: 2017.

Supplemental Security Income:

—Reserved for the very poor.

—Average monthly payment: $500.

—Maximum monthly payment: $674 for individuals, $1,011 for couples.

—Many states provide additional payments.

—Financing: General revenue funds.

—Total benefits paid in 2010: $48 billion.

For the original web page: http://www.washingtonpost.com/business/economy/a-look-at-social-securitys-disability-program/2011/08/21/gIQAJlTHUJ_story.html

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

2011 Edition of Federal Benefits for Veterans, Dependents & Survivors Booklet Released

2011-08-20T07:19:00.001-04:00

The U.S. Department of Veterans Affairs (VA) has released the 2011 edition of Federal Benefits for Veterans, Dependents and Survivors. This publication has information about health care, pensions, education and training, home loans, life insurance, transition assistance and how to appeal a decision on a claim for benefits.

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.

VA Bay Pines Medical Center to Get New Director

2011-08-18T06:56:00.021-04:00

The VA Medical Center at Bay Pines is getting a new director. Wanda Mims, who currently oversees VA facilities in Puerto Rico and the Virgin Islands, has been named to the post. Ms. Mims replaces Wallace Hopkins who retired after 35 years of service to the VA.

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.

VA Creates Women's Outreach Center

2011-08-15T11:12:00.000-04:00

WASHINGTON – The Department of Veterans Affairs (VA) has embarked on a major initiative to reach out to women Veterans in order to solicit their input on ways to enhance the health care services VA provides to women Veterans.

“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.

Despite Propane Leak - Tampa's Haley VA Medical Center is Open Today

2011-08-12T09:52:00.000-04:00

Just a heads up for anyone heading the James A. Haley Veteran's Hospital in Tampa today. Yesterday, a leak in an 18,000 gallon propane tank at the hospital caused some evacuations and disrupted business in the area, but the VAMC is in full operation today. The Haley VAMC website states: "A propane gas tank leak that occurred just outside the James A. Haley Veterans’ Hospital on August 11th is being repaired and has not affected hospital operations. All patients, employees and visitors are safe, no appointments have been cancelled, and the hospital is open for business as usual."

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.

Social Security Issues New Pamphlet Explaining Social Security Disability

2011-08-11T06:42:00.001-04:00

I try to share any resources that may help someone seeking disability benefits when I find out about them. Recently, the Social Security Administration (SSA) issued a new version of SSA Publication 05-10029, its pamphlet titled Disability Benefits. This 16 page pamphlet generally explains the Social Security Disability (SSD) and Supplemental Security Income (SSI) programs offered by Social Security.

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;

Though it does not have much detail, SSA's Disability Benefits is a good introduction to the Social Security Disability program. If you or someone you know wants to know more about applying for SSD, it is definitely worth the time to read this publication.

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.

How do I get a copy of my company's ERISA Summary Plan Description

2011-08-08T06:02:00.000-04:00

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.

Social Security to Close Field Offices 30 Minutes Early Every Day to Save Money

2011-08-05T06:29:00.000-04:00

In one of his "Commissioner's Broadcasts," Commissioner of Social Security, Michael Astrue announced on July 22, 2011 that the Social Security Administration will begin closing offices early due to its strained budget and loss of staff. Offices will close 30 minutes early every day starting August 15, 2011. The full text of the Commissioner's Broadcast follows:

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.

VA's Center for Women Veterans - A Good Resource

2011-08-02T08:29:00.000-04:00

As of September 2010, there are over 1.8 million female veterans of the armed services. In Florida alone, there are over 140,000 women vets. The Department of Veterans Affairs is making a special effort to reach out to these veterans. One way they have done that is through the Center for Women Veterans. The Center's homepage provides a wealth of information. I would encourage any female veteran to visit the Center's page. Some interesting links from that page include the following:

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.

John Tucker to Speak at Social Security Disability Seminar in Tampa

2011-08-01T16:31:00.004-04:00

On August 23, 2011, I am presenting lectures to other practicing Social Security attorneys at a Seminar in Tampa, titled "Social Security Basics". It is always an honor to get invited to speak at continuing education events.

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.

VA Expands Outreach to Women Veterans

2011-07-30T07:56:00.001-04:00

Department of Veterans Affairs Hosts 5^th 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.

# # #

For assistance with your Veterans Disability compensation or pension claim, call Florida VA Disability Lawyer John Tucker at (866) 282-5260.

What is a Life Insurance Waiver of Premium Based on Disability?

2011-07-25T09:58:00.000-04:00

If you have a life insurance plan through your employer and you become disabled, you may be able to keep your life insurance without paying premiums. How? Something called a premium waiver due to 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.

Former VA Bay Pines Nurse Accused of Sexual Battery on Patient

2011-07-22T10:31:00.000-04:00

According to the St. Petersburg Times, "A 48-year-old former nurse at Bay Pines VA Medical Center was arrested Tuesday, accused of sexually battery on a male patient he was supposed to be caring for in the mental health ward."

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.

New Commanding Officer at Marine Corps Blount Island Command

2011-07-18T11:09:00.000-04:00

On Friday, July 15, 2011, I had the opportunity to attend the Change of Command Ceremony at the U.S. Marine Corps Blount Island Command in Jacksonville, Florida. The new commanding officer is Colonel Christopher Michelsen, a Marine I have the honor of calling a lifelong friend. Col. Michelsen is a distinguished Marine who will take Blount Island to the next level in his tour of duty at the 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.

Fibromyalgia - Some Internet Resources to Understand Your Disability

2011-07-16T15:30:00.000-04:00

As a disability benefits attorney, many of my clients suffer from a very common condition called fibromyalgia. Fibromyalgia can cause many restrictions and limitations that keep someone from working.

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.

Congressional Hearings Into Social Security Judges That Pay "Too Many" Claims

2011-07-15T12:00:00.002-04:00

The Wall Street Journal reported on a July 11, 2011 Congressional hearing into Administrative Law Judges that pay more than 80% of the claims that come before them. In its July 11th online edition, the Journal reported on the testimony of Social Security Commissioner Michael Astrue and others. This story followed an earlier story criticizing one ALJ in West Virginia that approved nearly all of the claims that came before him, prompting the Social Security Administration to suspend the Judge. The average ALJ approves about 60% of the claims that come to a hearing.

Commissioner Astrue testified that Judges that approve over than 80% of claims cost taxpayers over $1 billion per year.

In May, I commented on the Wall Street Journal's previous story, and questioned why Social Security failed to investigate those ALJs that deny nearly all of the claims that come before them. Not that the Commissioner heard me, but he did testify about the ALJs at the more "conservative" end of the spectrum...those that deny more than their fair share.

"Mr. Astrue, a Republican, said the agency was also looking into judges who deny a disproportionate number of claims compared with their peers. He said judges who deny benefits in 80% or more of their cases end up saving taxpayers $200 million each year, though he wasn't suggesting this was a practice he condoned."

According to the Journal, "The number of people receiving disability benefits has soared in recent years, with one of the two Social Security programs paying out $124 billion in benefits to 10.2 million people in 2010. Government estimates predict the Social Security Disability Insurance program will run out of money in 2018 if actions aren't taken to shore up its trust fund."

Credit: Wall Street Journal (link above).

Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Clearwater, St. Petersburg, or Tampa Social Security Disability claim, call Florida Social Security Disability Lawyer John Tucker at (866) 282-5260.

Social Security's Florida Hearing Offices (ODARs) Continue to Experience Severe Wait Times for Hearings

2011-07-13T20:49:00.005-04:00

How long will you wait for a hearing in your Social Security Disability or SSI claim in Florida? Statistics released by the Social Security Administration on April 29, 2011 show that you can still expect at least a year waiting time at most of its Offices of Disability Adjudication and Review (ODAR).

Out of 157 ODARs in the United States, Florida's hearing offices had waiting times ranging from 334 days to 414 days to get a hearing after a Request for Hearing is filed. How long you will wait depends on where you live. Here are the waiting times and the national rank of each of Florida's ODARs:

Orlando - 63rd out of 157 ODARs - 334 days
Tampa - 75th out of 157 ODARs - 343 days
Ft. Lauderdale - 93rd out of 157 ODARs - 368 days
Tallahassee - 114th out of 157 ODARs- 395 days
Ft. Myers - 119th out of 157 ODARs- 400 days
St. Petersburg - 119th out of 157 ODARs - 400 days
Miami - 127th out of 157 ODARs - 414 days

Social Security's statistics show you will do better with an an attorney representing you at a hearing. I strongly recommend that you call a Florida Social Security Disability attorney to help you with your claim.

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.

Veterans Groups Release Report on Impact of Social Security on Veterans

2011-06-13T06:17:00.001-04:00

Nine veterans organizations have released a report titled, "Social Security: Serving Those Who Serve Our Nation." The report was created to address efforts by some in Congress who want to cut Social Security benefits. Among the information in the report is the following:

"Most of the more than 4,000 children who lost a parent since the beginning of the Iraq and Afghanistan wars now receive Social Security survivors’ benefits. More than 771,000 veterans receive Social Security disability benefits. Social Security currently pays benefits to over 9 million veterans—about 4 in 10 veterans today—and the vast majority of veterans will become Social Security beneficiaries in the future."

Click here for a full copy of the report.

Copyright (c) 2010 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Florida Social Security Disability claim or Veterans Disability compensation claim, call Florida Disability Lawyer John Tucker at (866) 282-5260.

What is an ERISA Summary Plan Description and How Do I Get Mine?

2011-06-10T05:44:00.001-04:00

If you have benefits through work, your employer or union benefit plan is required by law to have a document that summarizes the key terms of the benefit plan. The law is called ERISA, the Employee Retirement Income Security Act. The summary is just that, a summary of the rules of the Plan. However, the law does not require that they give you a copy of the full rule book. Instead, that have to give you a summary, called the Summary Plan Description (abbreviated as “SPD”). You only get a copy if you ask for it, and the administrator of the ERISA Plan has 30 days to give you a copy of the SPD.

If you ever have to make a claim for benefits under your employer's or union's plan, be sure to get a copy of the SPD. It tells you what benefits are offered under the Plan, as well what the qualifications are to get the benefit you are seeking. We recommend that you ask for both the Plan Document and the Summary Plan Description to make sure you know all of the rules that apply to your Plan. Send a letter to your employer and the administrator (for example, the Plan's insurance company) asking for these documents by certified mail or some other method you can track (like overnight delivery carriers with tracking numbers). If they do not send you the documents within 30 days, send a second copy of the letter by overnight deliver with a tracking number. If they still don't send you the documents, call an ERISA attorney.

Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim or ERISA Disability benefit claim, call Florida ERISA Disability Lawyer John Tucker at (866) 282-5260.

What is an ERISA Plan?

2011-06-07T07:17:00.000-04:00

An ERISA Plan is a group benefit plan that is subject to the federal ERISA law. That is any benefit plan offered by a private employer, not a government or a church.

An ERISA Plan may also refer to the document that spells out the benefit plan's terms.

If you are making a claim under your employer's ERISA benefit plan, be sure to read the plan's terms to see if you qualify for benefits. Courts enforce the language in ERISA Plans to the letter. You will not know what you have to show to get the benefit you are seeking if you do not know the terms of the Plan.

If your ERISA claim is denied, you should immediately contact an attorney that handles ERISA claims and lawsuits to assist you with your appeal. Your ERISA Plan should spell out the claim appeal procedures. However, it likely will not tell you that you have to appeal to the administrator before you can file a lawsuit. It also will not tell you that if you fail to get all of the evidence submitted that you will want considered in a lawsuit, then you will not be allowed to submit the evidence in court. You may feel you can appeal your claim on your own, but we recommend that you at least get an opinion from an ERISA lawyer before you submit the appeal to make sure you are doing what you need to do.

Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim or ERISA Disability benefit claim, call ERISA Disability Lawyer John Tucker at (866) 282-5260 for a free consultation.

What is ERISA?

2011-06-03T16:18:00.001-04:00

ERISA is a federal law passed by Congress in 1974 to regulate employee benefits offered by private employers. ERISA stands for the Employee Retirement Income Security Act. Congress passed the law to protect employee pensions and to encourage employers to offer welfare benefit plans like disability insurance, health insurance, life insurance and long term care insurance. Other fringe benefits like on-site day care and pre-paid legal plans are included too.

Congress passed ERISA under its power to regulate interstate commerce. With some exceptions, ERISA allows employers to offer employee benefits subject to one law, not the laws of 50 different states.

Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. If you need an ERISA attorney in Florida or anywhere in the United States, call ERISA Lawyer John Tucker at (866) 282-5260 for a free consultation.

Social Security Suspends Judge for Paying Too Many Claims...What About the Judges That Deny Too Many Claims??

2011-05-31T05:55:00.001-04:00

On May 27, 2011, the Wall Street Journal, reported that Administrative Law Judge David Daugherty of the Huntington, W.Va. Office of Disability Adjudication and Review (ODAR - the Social Security hearing office) was placed on leave, ostensibly for paying too many claims this year. The WSJ story reported that ALJ Daughtery "awarded benefits in each of the 729 disability cases he decided in the first six months of fiscal 2011, according to government data. In fiscal 2010, Mr. Daugherty denied benefits in just four of the 1,284 cases he decided."

The story went on to story went on to state, "There are 1,500 administrative law judges who rule on disability cases in which applicants have been denied at least twice by Social Security. Judges award benefits roughly 60% of the time, according to government statistics, but some have much higher approval rates. In the first half of 2011, 27 judges awarded benefits 95% of the time, not including those with a handful of cases. In addition to his 100% approval rate, Mr. Daugherty was notable for his volume; only three judges have cleared as many cases this fiscal year as he did."

My Comment: The Social Security Administration is well within its rights to investigate an ALJ that seems to be paying too many claims. However, it would be nice to see Social Security investigate ALJs at the other end of the spectrum - those that deny nearly all of the claims that come before them. Social Security's own statistics show that some ALJs in Florida are paying as little as 7% or 11% of the claimants that come into their courtrooms. Just like it is unlikely that all of the people that ALJ Daugherty considered were disabled, it is just as unlikely that 90% of the claimants that come before one ALJ are not disabled. If most ALJs pay around 60% of the claims they consider, perhaps Social Security's investigators need to spend some time on ALJs that deny claims from truly disabled people too.

Source: Wall Street Journal Online. Click here for the story.

Commentary - Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Florida Social Security Disability claim, call Disability Lawyer John Tucker at (866) 282-5260.

MEMORIAL DAY - Honoring Our Veterans

2011-05-30T00:01:00.000-04:00

On Memorial Day, this last Monday in May, we reflect on the men and women that gave their life in service to our nation. On behalf of all of us at The Disability Law Firm, Tucker & Ludin, I offer our humble thanks for the sacrifice they gave, as well as that of their families. We join in VA Secretary Eric Shinseki's message of respect and appreciation for these brave souls and the commitment they had to our nation in laying down their lives for our freedom and ideals.

John Tucker

The following message was published by the U.S. Department of Veterans Affairs:

MEMORIAL DAY MESSAGE FROM SECRETARY OF VETERANS AFFAIRS ERIC K. SHINSEKI
(May 30, 2011) Today, we pay homage to those who placed themselves on the Altar of Freedom for love of country. Memorial Day is a time for remembrance, reflection, and respect-for honoring the men and women who gave their lives in service to the Nation.

On the last Monday of May each year, we observe moments of silence and moments of tribute to acknowledge the sacrifices by these brave few for principles greater than self. In answering their calls to duty-at Tarawa and Normandy, Seoul and Chosin, the Ia Drang and Khe Sanh, and at Baghdad and Mosul, the Shahe' Kot, Korengal, and Marja, or any of a host of other crossroads of conflict-these American men and women stood their ground, held back the dark forces of oppression and destruction, and advanced our founding principles, ideals, beliefs, and values about the right of self-determination. They cherished liberty and loved freedom enough to lay down their lives to preserve our way of life.

Many lie in final rest in our national cemeteries. Whether at Gettysburg, one of our country's first national cemeteries, or at Washington Crossing, our most recent dedication, each VA national cemetery is a sacred place of honor befitting the great deeds and sacrifices of the Fallen.

More than 3.7 million Americans-Veterans of every war and conflict, from our Revolution to the Global War on Terror-have been laid to rest in these hallowed shrines. The quiet serenity, pristine nature, and strict adherence to time-honored Service traditions make our cemeteries the healing places where families and friends can remember and honor those who gave, in President Lincoln's words, "the last full measure of devotion."

This Memorial Day, a Nation at war prays for peace and the safe return of our sons and daughters, even as it exacts justice from those who trampled our most cherished principles. Now, as then, in addition to our prayers for peace, we pray for the families of the Fallen. And we pray for the Almighty's continued blessings on this great and wonderful country of ours.

Learn more about updates to the Pre-Existing Condition Health Plan Run by the Government

2011-05-29T15:34:00.001-04:00

On May 31, 2011 at 11:00 a.m. Eastern Time join Health & Human Services (HHS) Secretary Kathleen Sebelius when she makes an announcement about the Pre-Existing Condition Insurance Plan (PCIP), a program made possible by the Affordable Care Act for people who are unable to purchase coverage due to their medical condition. The call in number is 800-857-2850 , passcode HHS.

One Disabled Veteran's Experience with PTSD

2011-05-26T06:36:00.000-04:00

Occasionally, I run across stories from disabled people on the internet that I share with the readers of this blog. The reason is simple: most of my disabled clients do not realize that there are thousands of other people just like them...experiencing the horrible effect of some illness or injury that keeps them from working too.

If you suffer from PTSD (Post-Traumatic Stress Disorder), have a family member that does, or just want to understand how PTSD impacts someone, I encourage you to visit this blog post: Female Vet With PTSD. After 9 years in the regular Army, this soldier relates her experiences with symptoms and the reactions of others. She talks about how the VA does not believe everything she told them in her claim for service-connected compensation. Perhaps the most difficult thing that she relates - and it is something I hear from female veterans a lot - her husband (also in the Army) simply was not supportive and did not understand.

Sometimes, it is important just to understand that your symptoms are not strange. In fact, they are often common. You just don't know that because you are the only person you know with a particular condition.

If you or someone you know suffers from PTSD, I urge you to find a support group. Call you local VAMC or even ask at the local Legion or VFW post. I am sure you know someone who has PTSD too....they are just afraid to talk about it to others, because, like you, they feel that they are alone.

If your claim for service-connected VA Disability compensation was denied, call Veterans Disability Lawyer John Tucker at (866) 282-5260 for a free consultation. Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved.

Navy researcher may have found key to Gulf War Syndrome

2011-05-23T09:25:00.002-04:00

USA Today reported on May 12, 2011 that a Navy researcher studying the dust inhaled by veterans of Irag, Kuwait, and Afghanistan may have found the cause for the many symptoms of Gulf War Syndrome.

Kelly Kennedy, reported:

"From my research and that of others, I really think this may be the smoking gun," says Navy Capt. Mark Lyles, chair of medical sciences and biotechnology at the Center for Naval Warfare Studies at the Naval War College in Newport, R.I. "It fits everything — symptoms, timing, everything."

Lyles and other researchers found that dust particles — up to 1,000 of which can sit on the head of a pin — gathered in Iraq and Kuwait contain 37 metals, including aluminum, lead, manganese, strontium and tin. The metals have been linked to neurological disorders, cancer, respiratory ailments, depression and heart disease, according to the Environmental Protection Agency. Researchers believe the metals occur both naturally and as a byproduct of pollution.

The Department of Defense has not accepted the dust as the cause of the symptoms found in Gulf War Syndrome. It found the dust is "not noticeably different from samples collected in the Sahara Desert and desert regions in the U.S. and China."

SOURCE: USA Today online edition, May 12, 2011.

For assistance with your Veterans Disability compensation or pension claim, call VA Disability Lawyer John Tucker at (866) 282-5260.

Female Vets Get PTSD Too

2011-05-20T08:23:00.000-04:00

With more and more females being exposed to combat operations, the incidence of Post-Traumatic Stress Disorder (PTSD) for women in the military is bound to increase. When added to PTSD resulting from things like sexual assault, this is likely something the U.S. Department of Veterans Affairs (VA) will have to address in its medical system in the future.

LestweforgetPTSDSupport.com is a good resource for Vets and their families as they deal with PTSD and the impact it has. They have a good page on "Women in Combat and PTSD" which I encourage everyone to read.
If you know a Veteran who has had their service-connected compensation claim denied, call Florida VA Disability Attorney John Tucker at (866) 282-5260 for a free consultation. Our firm represents veterans and their families across the United States in appeals to the Board of Veterans Appeals and the U.S. Court of Appeals for Veterans Claims.

Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved.

How Do You Apply for Social Security Disability?

2011-05-17T07:00:00.002-04:00

To apply for Social Security Disability, you simply have to go to Social Security's website. The Online Social Security Disability Application is very easy to complete and submit.

9 tips for applying for Social Security Disability benefits

Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your claim for disability benefits, call Florida Social Security Disability attorney John Tucker at (866) 282-5260.

Social Security Disability - How Many Credits Do You Need to Be Covered for Disability?

2011-05-11T05:30:00.003-04:00

Social Security Disability is a disability insurance program run by the Social Security Administration. If you become disabled before retirement age, you may qualify for a monthly benefit if you have reported earnings to the IRS and paid taxes. Each quarter of each year you work earns you a credit if you make enough money (read this to see how much money is needed to earn a quarter credit). Depending on your age, you have to have earned a certain number of credits to be insured. The rules for how much work you need to qualify for disability benefits are as follows:

Before age 24--You may qualify if you have 6 credits earned in the 3-year period ending when your disability starts.

Age 24 to 31--You may qualify if you have credit for working half the time between age 21 and the time you become disabled. For example, if you become disabled at age 27, you would need credit for 3 years of work (12 credits) out of the past 6 years (between ages 21 and 27).

Age 31 or older--In general, you need to have the number of work credits shown in the chart below. Unless you are blind, you must have earned at least 20 of the credits in the 10 years immediately before you became disabled.

AGE YOU BECOME DISABLED ---------- NUMBER OF CREDITS YOU NEED


31 through 42	20
44	22
46	24
48	26
50	28
52	30
54	32
56	34
58	36
60	38
62 or older	40

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 Social Security Disability claim, Florida SSI Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

9 Tips for Applying for Social Security Disability Benenfits

Social Security No Longer Mailing Paper Earnings Statements

2011-05-05T05:30:00.006-04:00

In its continuing quest to save money, the Social Security Administration has stopped sending taxpayers annual Social Security Earnings Statements. In a brief online statement, the government says, "In light of the current budget situation, we have suspended issuing Social Security Statements. You may be able to estimate your retirement benefit using our online Retirement Estimator."

Social Security's Retirement Estimator tells a person approximately how much they can expect to receive when they reach retirement age.

So what do you do to find out how much your Disability Payments would be if you became disabled?

You have to use one of three Benefit Calculators on Social Security's website. These work fairly well. Typically, our firm finds some of the estimates to be off, but not by too much.

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 Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

Social Security and VA Benefit Payments Go Paperless Starting Today - May 1, 2011

2011-05-01T05:30:00.005-04:00

To reduce costs, the U.S. Treasury is going paperless. Starting May 1, 2011, the Treasury Department will begin phasing out paper checks. Benefit payments for things like Social Security Disability, SSI and Veterans Compensation will be made through electronic funds transfers directly into recipients' bank accounts. It is estimated that it will take 2 years to change the entire system away from paper checks.

The government estimates that this will save $1 billion over the next decade. This is in part due to the large influx of baby boomers who will begin receiving Social Security retirement checks - 18 million or so. Though a lot of people already get benefits directly deposited into their banks, the government still cuts paper checks to 11 million people.

Anyone that is receiving a check currently will have to change to direct deposit by March 1, 2013. The Treasury Department is saying that they will notify recipients of how to make that switch. If someone does not make the change, they will receive a Direct Express card.

Many of my clients have been doing this for years, and it works very well. Once benefits start, I have never had a client tell me they had a problem with their deposit being made on time.

Copyright (c) 2011 by Florida Disability Benefits Lawyer 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 Treatment Options for Multiple Sclerosis

2011-04-28T10:04:00.006-04:00

For those suffering from Multiple Sclerosis, more and more options for treatment keep getting introduced to the medical profession. The National M.S. Society magazine, Momentum, included a feature story in its Spring 2011 issue titled "A New Era: New Drugs, New Options, New Risk" that I would encourage anyone suffering from MS or who has a family member of friend with MS to read.

As an attorney representing people trying to get disability benefits, I see some of the devastating effects of MS. Multiple Sclerosis hits people in many different ways, but a horrible part of the disease is the fact that disability insurance companies and Social Security Disability often do not believe a person's symptoms are that bad. This is particularly true where someone with MS does not "look disabled," but the impact of the disease creeps up on them every day as they get more fatigued, develop blurry vision, have increasing difficulty holding things, or simply cannot concentrate on simple tasks.

If you would like more information about disability claims or are looking for a disability attorney in Florida, contact me at (866) 282-5260 or send me an email. We offer free consultations. Getting a little information before you apply for benefits puts your mind at ease, and it may also help you get your claim paid without having to hire a disability lawyer like me.

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.

Social Security Disability or SSI Hearing? Read SSA's Own Stats to Find Out How Often Your Judge Pays Claims

2011-04-23T05:34:00.000-04:00

Social Security Disability and SSI cases are handled by Administrative Law Judges - called "ALJs." Some ALJs pay award benefits more often than others. So, how do you know?

If your disability or SSI claim was scheduled for hearing, you can find the name of your Judge by looking at the Notice of Hearing letter. Click here to see the Social Security Administration's own statistics about how many claims your ALJ has paid or denied.

Keep in mind that Social Security's statistics also show that you are more likely to win a Social Security Disability / SSI attorney when you are represented by a knowledgeable attorney at your hearing.

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 Florida Disability Lawyer John Tucker at (866) 282-5260.

Proposed Social Security Rule Changes How the Government Collects and Evaluates Evidence in Disability Cases

2011-04-12T10:43:00.003-04:00

A key portion of a proposed new regulation from Social Security states that the Social Security Administration wants to change how it collects evidence in Disability cases. A key part of the proposed regulation reads as follows:

"We propose to modify the requirement to recontact your medical source(s) first when we need to resolve an inconsistency or insufficiency in the evidence he or she provided. Depending on the nature of the inconsistency or insufficiency, there may be other, more appropriate sources from whom we could obtain the information we need. By giving adjudicators more flexibility in determining how best to obtain this information, we will be able to make a determination or decision on disability claims more quickly and efficiently in certain situations. Eventually, our need to recontact your medical source(s) in many situations will be significantly reduced as a result of our efforts to improve the evidence collection process through the increased utilization of Health Information Technology (HIT)."

The full proposed rule can be found at: http://edocket.access.gpo.gov/2011/pdf/2011-8388.pdf.

The Disability Law Firm is going to review the full proposal and offer comment later. We have to be careful to keep the Social Security Administration from restricting or harming the rights of those seeking Disability and SSI benefits.

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.

Possible Government Shutdown Should Not Impact Social Security Disability Hearings

2011-04-08T13:27:00.003-04:00

The current word that we have received from the Social Security Administration (SSA) about the possible government shutdown is that hearing offices and permanent remote sites will continue to hold Social Security Disability and SSI hearings if a shutdown occurs. SSA's hearings office is called the Office of Disability Adjudication and Review, ODAR. We are told that ODARs will hold hearings, but staffing will only be Administrative Law Judges (ALJ's) and security personnel. Contract employees, like hearing assistants and vocational experts will also not be affected by a shutdown.

So, for now, it appears that hearings will go on. Who knows how long it will take for decisions to get written, but our firm and our clients are appearing at hearings next week as planned.

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.

Having trouble concentrating, focusing or remembering? Be sure to tell whoever is deciding your disability claim.

2011-02-02T14:24:00.007-05:00

I am often told by my clients that their inability to concentrate, focus, and poor memory plays a major role in why they cannot work. Perhaps it is their pain or other symptoms. It may be side effects from medications. No matter what the cause is, I cannot stress enough how important concentration, focus, and memory problems are to proving that you are disabled. Do NOT downplay these problems to anyone.

Whether you are applying for Disability Insurance, ERISA, or Social Security Disability/SSI benefits, you need to make sure the decision-maker knows about any problems you have with concentration, focus, and memory. Why? Because jobs require you to be able to keep on task and remember things. If you cannot focus on what you are doing, you cannot make decision or carry out tasks. If you have memory problems, you likely will have problems following instructions or making sure you go through every step in a process.

The Social Security Administration calls these things "non-exertional impairments," and their disability rules say:

§404.1569a (c) Nonexertional limitations. (1) When the limitations and restrictions imposed by your impairment(s) and related symptoms, such as pain, affect only your ability to meet the demands of jobs other than the strength demands, we consider that you have only nonexertional limitations or restrictions. Some examples of nonexertional limitations or restrictions include the following:

(i) You have difficulty functioning because you are nervous, anxious, or depressed;

(ii) You have difficulty maintaining attention or concentrating;

(iii) You have difficulty understanding or remembering detailed instructions;

One of Social Security's internal rulings says:

Mental limitations or restrictions: A substantial loss of ability to meet any one of several basic work-related activities on a sustained basis (i.e., 8 hours a day, 5 days a week, or an equivalent work schedule), will substantially erode the unskilled sedentary occupational base and would justify a finding of disability. These mental activities are generally required by competitive, remunerative, unskilled work:

Understanding, remembering, and carrying out simple instructions.
Making judgments that are commensurate with the functions of unskilled work--i.e., simple work- related decisions.
Responding appropriately to supervision, co- workers and usual work situations.
Dealing with changes in a routine work setting.

That means that Social Security may consider you disabled even if you still have physical abilities, but have serious problems with your concentration and memory. While these rules do not apply to insurance companies, the same concepts apply.

So what do you do?

Be sure to list these kinds of problems on any forms you fill out for the disability insurance company, Social Security, or the Department of Veterans Affairs;
Tell all of your doctors about these problems;
If you think these problems come from your prescription medicine(s), tell your doctors that you are having side effects from the medicine and describe the side effects; and
If the insurance company, Social Security, or the VA sends you for an examination, be sure to explain the problems you are having with concentration, focus, and memory; and explain if these problems are side effects from your medicines or are caused by pain or other symptoms.

As Union Ranks Drop, More Employers are Providing Disability and Health benefits, So You Better Know What ERISA Is.

2011-01-24T08:21:00.005-05:00

The U.S. Bureau of Labor Statistics released a report that that union membership in the United States continues to decline. It is more important than ever to understand ERISA - the federal Employee Retirement Income Security Act, because the vast majority of employee benefits are being provided by employers. ERISA was passed in 1974 after 10 years of study to reform the nation's pension system. When the law was finalized, ALL employee benefits - not just pensions - were incorporated into ERISA's framework. Even when employers make you share in the cost of coverage, it is covered by ERISA. Today, that means that workers (and many small business owners that join their employees in company sponsored disability, health, and life insurance plans) must live with the harsh aspects of ERISA.

Why is ERISA so harsh? If you submit a claim under your group disability, health, or life plan (or your pension), there are very short and strict time deadlines that apply to many aspects of your claim. Depending on the type of claim, you may have as short as 2 days and no more than 180 days to file an appeal. What many people do not know is that any appeal under most ERISA plans must include all (yes, ALL) of the evidence you ever would want a court to consider. That's right, if you have to file suit, the court will only look at the evidence in the insurance company's claim file in most cases.

You don't even get a jury in court. You get a federal judge looking at a pile of paper. The method the judge has to use is so convoluted that even most lawyers don't understand it. If you win, you might (yes, MIGHT) get your attorney's fees paid, but in many cases you won't. Often, the claimant is left holding the bag for the cost of proving you were right to begin with. To say that ERISA is slanted towards insurance companies, employers, and yes - unions, would be an understatement.

The government's report revealed that union membership fell to 11.9 percent of U.S. workers in 2010. That means that 612,000 left union ranks last year, now down to 14.7 million members.When ERISA was passed, many unions provided health and disability coverage, in addition to retirement pensions. Unions used to sponsor and pay for their own benefit plans. Most employers just buy insurance and pay an insurance company to run their plans. Today, at least one major union has sold off its health plan to an employer, and others are not offering these types of benefits at all. As unions become less and less of a factor, employees are more dependent than ever on employers getting good coverage and finding administrators that will fairly enforce the benefit plan's rules. Unfortunately, many insurance companies do not treat claims fairly, and claimants have to know when to appeal.

If you have a group benefit claim denied, call an attorney that handles ERISA claims. Ask how many ERISA cases that lawyer has handled. Make sure they know ERISA. If they don't, it could cost you a lot of money.

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.

VA Urges Veterans to Sign Up for Direct Deposits

2010-12-29T10:52:00.002-05:00

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

2010-12-23T14:51:00.000-05:00

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

2010-12-22T13:41:00.003-05:00

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

2010-12-13T13:53:00.000-05:00

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

2010-12-07T21:44:00.001-05:00

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.

2010-11-30T12:58:00.003-05:00

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

2010-11-20T08:37:00.003-05:00

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

2010-11-01T11:11:00.002-04:00

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

2010-09-23T12:36:00.000-04:00

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

2010-09-19T14:56:00.004-04:00

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?

2010-09-07T06:32:00.001-04:00

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

2010-08-30T07:41:00.001-04:00

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?

2010-08-23T09:31:00.003-04:00

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?

2010-08-13T08:54:00.001-04:00

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.

2010-08-02T06:10:00.001-04:00

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

2010-08-01T10:19:00.002-04:00

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

2010-07-27T08:41:00.001-04:00

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

2010-07-23T13:39:00.003-04:00

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')?

2010-07-21T06:27:00.003-04:00

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

2010-07-19T07:49:00.001-04:00

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

2010-07-18T10:12:00.000-04:00

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

2010-07-17T19:12:00.008-04:00

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

2010-07-12T09:00:00.008-04:00

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

2010-07-05T09:05:00.002-04:00

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

2010-07-02T09:00:00.000-04:00

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?

2010-06-30T10:37:00.001-04:00

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

2010-06-25T10:14:00.004-04:00

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.

2010-06-20T12:28:00.000-04:00

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?

2010-06-18T10:47:00.000-04:00

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?

2010-06-16T10:52:00.000-04:00

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

2010-06-14T11:07:00.000-04:00

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?

2010-06-12T10:59:00.001-04:00

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.

2010-06-11T10:12:00.003-04:00

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?

2010-06-10T08:26:00.002-04:00

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.?

2010-06-10T08:08:00.003-04:00

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?

2010-05-28T09:07:00.004-04:00

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

2010-05-27T13:02:00.001-04:00

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

2010-05-25T07:00:00.000-04:00

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?

2010-05-23T07:00:00.001-04:00

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

2010-05-14T09:28:00.005-04:00

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?

2010-05-10T10:39:00.002-04:00

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.

Disability Attorney John Tucker Was on Faculty at National Association of Disability Representatives Convention

2010-05-08T09:17:00.004-04:00

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!

2010-04-29T16:55:00.008-04:00

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.

2010-04-26T19:31:00.006-04:00

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

2010-04-26T19:18:00.005-04:00

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

2010-04-23T16:26:00.002-04:00

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

2010-01-14T15:24:00.002-05:00

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!

2010-01-06T11:49:00.004-05:00

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

2010-01-05T09:36:00.001-05:00

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.

Latest Social Security Hearing Statistics Show Waiting Time is Still Excessive

2010-01-04T16:58:00.002-05:00

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.

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

2009-09-21T08:04:00.004-04:00

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

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

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

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

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

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

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

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

2009-07-27T13:16:00.003-04:00

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

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

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

Pinellas and Hillsborough Low-Cost Health Clinics To Receive Funding

2009-07-21T15:00:00.004-04:00

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

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

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

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