Radio Story on the Wait for Social Security Disability Benefits

Click here to hear or read a story from American Public Media's Marketplace program, aired on 9/4/08, about the wait for Social Security Disability benefits.


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: Buddy Letters

While building your disability case, it is often helpful to have input from friends, co-workers, or relatives. These “buddy letters” help to paint a picture of your life before and after the onset of your disability and can be submitted to the insurance company or the Social Security Administration. You can give the following guidelines to whomever is writing the letter on your behalf.

While writing your buddy letter, be sure to follow the guidelines provided below. These guidelines were designed to help you write the most effective letter. When possible, describe concrete examples of experiences which are pertinent to your friend/relative's disability. Once you have completed your letter, his/her attorney should review the information

• Talk only about things you have witnessed.
• Do not rely on something your friend/relative may have said as material for your letter.
• Describe your relationship with your friend/relative. Include activities that your friend/relative was able to do prior to the disability, and how he/she is limited in those activities presently – Going to the park, driving a car, playing any kind of sports, or participating in hobbies. If he/she can no longer do such an activity, say so.
• Explain any lifestyle changes that you have seen in your friend/relative since the disability – Has their personal hygiene changed, are they wearing different clothing to accommodate for the disability, has their overall appearance changed at all?
• Talk about his/her ability to socialize – are their conversation skills affected by the disability, can they remember words, does their disability cause them to be easily irritable when dealing with other people?
• Describe any changes to his/her organization since the disability – Are their personal belongings still kept in order, can he/she keep track of obligations such as paying bills, meeting with people, or doctors appointments?
• Describe any changes in routine activities – Can he/she still go grocery shopping, complete household chores, care for pets?
• While completing this letter be as specific as possible. Instead of saying, “his/her head hurt,” say, for example, “she/he was wincing in pain because of a headache, she had to take 2 Advil and rest on the coach for 2 hours.”
• While writing this letter, try not to exaggerate in an effort to help your friend/relative. It has to be a truthful account of your experiences with him/her.
• Make sure to cite to particular examples throughout the letter. If he/she used to participate in a hobby, describe that hobby, how he/she participated, and how he/she is no longer able to participate. Giving dates of incidents and lengths of time are also helpful. If it took him/her 45 minutes to do an activity that normally would take 15 minutes, include that in your letter.
• Do not give a medical opinion. If you accompanied your friend/relative to the doctor, you can describe the events, however, do not say, “he/she is no longer able to work.”
• Stay within the bounds of your personal knowledge and experience with your friend/relative.

REMEMBER: To write an effective buddy letter, be specific with examples of what you have personally witnessed and do not rely on what you have heard from other people. Your letter does not need to be long to be helpful, but it MUST be truthful.

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: Offsets for Social Security

Like Long Term Disability, Social Security benefits can also be reduced ("offset") based on income and eligibility for other government benefits, which include:

• Worker's Compensation
• Government Pension Offset
• Windfall Elimination Provision

Worker's Compensation

• If you receive worker's compensation payments, your payments will offset your Social Security Disability and SSI benefits.
• Your worker's compensation settlement can be structured as a lifetime payout, thereby reducing or eliminating the offset. You should advise both your Social Security and worker's compensation lawyers that you would like your settlement to be structured this way.

The Government Pension Offset (GPO)

• Some individuals work for employers, such as the goverment, that do not withhold Social Security taxes and instead provide a pension for their work.
• "Individuals who qualify for noth a government pension based on non-Social Security-covered employment and a Social Security spousal benefit are subject to the Government Pension Offset (GPO) provision. The GPO provision reduces Social Security benefits that a person receives as a spouse if he or she also has a federal, state or local government pension based on work that was not covered by Social Security. The GPO reduction in Social Security spousal benefits is equal to two-thirds of the government pension." (CRS Report for Congress, 7/6/04).

The Windfall Elimination Provision

• If you work in a job where you did not pay Social Security taxes and you also work in another job long enough to qualify for a retirement or disability benefit, you will be subject to the Windfall Elimination provision.
• If you receive a pension from work where Social Security taxes were not taken out of your pay, a formula is used to calculate a lower Social Security benefit.
• For more information, see the Social Security Windfall Elimination Provision Electronic Fact Sheet.

REMEMBER: There are exceptions to these rules. If you have questions, call your local Social Security Administration office.

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.

John Tucker Receives "AV Rating" from Martindale-Hubbell...Highest Rating a Lawyer Can Receive

John Tucker, Managing Shareholder of Tucker & Ludin, P.A. - The Disability Law Firm - has received an "AV" Rating from Martindale-Hubbell. This rating is based upon confidential peer review surveys completed by members of the legal community that know about the skills and honesty of a particular lawyer.

The AV Rating is the highest a lawyer can receive. Martindale-Hubbell states that the AV Rating "identifies a lawyer with very high to preeminent legal ability," and reflects a lawyer's "expertise, experience, integrity and overall professional excellence."


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.

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, and other insurance benefits that are offered by private employers are covered by ERISA. Keep in mind that 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.

There are many differences between group benefit cases covered by ERISA and individual insurance claims regulated by state laws. If you or your lawyer do not know those differences and how to handle them, it can hurt your case. ERISA is much less consumer-friendly than state insurance laws, and the insurance companies that administer ERISA plans hide behind its protections to deny many group disability benefit claims that would not be denied if they were individual insurance claims.

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.