DISABILITY BENEFIT TIP OF THE WEEK: Filling out Forms

During the initial application process and throughout the life of your claim, your insurance company, the Social Security Administration, and even the Veteran's Administration may require you to fill out various forms. One of the most common forms they will request from you is an Activities of Daily Living form. This type of form has various names, including things like "Claimant Statement," but the common elements are questions about what you can and can't do (i.e., your limitations). Whatever it is called, these kinds of forms are VERY important. Here are some tips for filling them out:

- Be thorough in your responses. Do not give one word answers. For example, if the forms asks, "Do you need help preparing meals?" Do not write simply write "yes." Tell them why you need help. For example: "It hurts to stand long enough to make a meal, so my wife usually prepares them for me."

- Be specific. Do not say, "I cannot sit for a long time." Instead, say something like, "When I sit for more than 20 minutes, my lower back starts to really hurt and I have to stand up and move around." Quantify your answers. "A long time" means different things to different people.

- Give examples of ways your disability has limited your activities. For example, "I only take a shower if I know somebody else is home, because I am afraid I will lose consciousness and fall and no one will be there to help me," or "I went to the grocery store last week but could not finish my shopping because my legs started to hurt too much to continue."

- Avoid absolute statements unless they are always true. Do not say something like, "I cannot sit for more than 20 minutes." Instead say, "It usually hurts when I sit for more than 20 minutes." Insurance companies often get surveillance footage of people making claims. If an investigator gets footage of you driving for 30 minutes without interruption and they have your written statement saying that you cannot sit for more than 20 minutes, they will deny your claim because they think you are lying. Another example might be if you say that you cannot bend at the waist, they might catch you leaning over to check your mailbox.

- List all of your limitations. Most forms do not include a section to list your limitations that are not physical. If you experience fatigue, difficulty concentrating, memory problems and/or irritability, etc., be sure to list those limitations.

-Do not be afraid to attach additional paper if the space provided for your answers is not sufficient.

In general, remember that you are trying to give the person that is deciding your claim a complete picture of your condition. Do not limit your answers simply because there is not much space provided for them. Always be truthful and thorough and it will help build your case from the very beginning.

Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. Any content borrowed or referenced from another source is referenced by citation to the original source as noted in the text above.

Financial Help While You Wait for Disability Benefits

We often find that our clients are in need of financial assistance while waiting for their disability benefits to be approved. The following is a list of links that may be helpful.

General Resources
http://www.211.org/
http://www.ssa.gov/ – Go to “Find Local Office,” enter in the zip code, then go to “Local Agencies”
Department Children and Families – Medicaid, Discount Drug Card, other services

Prescription Help
RX Outreach

Brevard County
Health Department
Social Services

Citrus County
Health Department
Social Services

Hernando County
Health Department and Social Services

Hillsborough County
Health Department
Social Services

Manatee County
Health Department
Social Services

Orange County
Health Department
Social Services

Pasco County
Health Department
Social Services

Pinellas County
Health Department
Social Services

Polk County
Health Department
Social Services



Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. Any content borrowed or referenced from another source is referenced by citation to the original source as noted in the text above.

How Much Social Security Will Pay You?

You can visit Social Security's website and use the Social Security Benefit Calculator to estimate your benefits from Social Security.


Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. Any content borrowed or referenced from another source is referenced by citation to the original source as noted in the text above.

Disability Benefit Tip of the Week: How to Apply for Social Security Disability

There are three ways you can apply for Social Security Disability benefits:

• Online: At the Social Security Administration's website (http://ssa.gov/applyfordisability/). By submitting an online application, you can complete both Social Security's Application and Social Security's Adult Disability and Work History Report online.
• By Phone: Call Social Security at their toll-free phone number 1-800-772-1213, and they will schedule an appointment to call you back.
• In-Person: You can also go into your local Social Security office and tell them you want to apply for Social Security Disability or SSI benefits. To find the closest Social Security office to your home, use Social Security's zip code office locater on their website.

Before starting the application, you will want to have the following information handy:

• The name, address, phone number, and dates of treatment for any doctors or hospitals that have treated your for your condition
• The name, prescribing doctor, and side effects of any prescription medication
• Your work history for the past 15 years, including the dates of employment and the type of work that you did.

If you do not provide Social Security with this information, your case may be decided with less than a full set of facts. This may result in an unfavorable determination simply because Social Security could not get the information they needed to make a decision.

REMEMBER: BEFORE APPLYING, MAKE SURE TO HAVE A COMPLETE LIST OF YOUR MEDICAL TREATMENT, MEDICATION, AND WORK HISTORY AVAILABLE


Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. Any content borrowed or referenced from another source is referenced by citation to the original source as noted in the text above.

VA Finally Accepts ALS (also called Lou Gehrig's Disease) as Service-Connected Disability

The Baltimore Sun is reporting that the Department of Veterans Affairs ("VA") has decided to designate ALS, the disease also known as Lou Gehrig's Disease, as a service-connected disability for all veterans, regardless of their time in service. VA previously offered a presumption related to ALS only for veterans of the First Persian Gulf War. Vets from the first Gulf War have contracted ALS at an alarming rate. However, all veterans are more likely than the rest of the population to contract ALS.

ALS is a horrible disease which causes paralysis, but leaves a person's mind fully intact. Our research has shown that it often results in death in 3 to 5 years from the time a person starts showing symptoms and is diagnosed.

This was the right thing to do, and we applaud VA for making this decision. Of course, the devil is in the details, so we are waiting to see the final regulations which VA issues, but this is a step in the right direction.

Here is the full story in the Sun: http://www.baltimoresun.com/news/health/bal-te.als25jul25,0,5102561.story?track=rss


Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. Any content borrowed or referenced from another source is referenced by citation to the original source as noted in the text above.