DISABILITY BENEFIT TIP OF THE WEEK: Applying for Social Security Disability After Age 62

If you are close to or over the age of 62 and become disabled and unable to work, you may be tempted to simply forget about applying for Social Security Disability ("SSD") benefits and instead just take early Social Security Retirement benefits. However, you can maximize your benefits later on if you successfully pursue the SSD benefit.

SSD benefits are calculated to approximate the amount of money you would receive as your full retirement benefit. Your full retirement benefits are usually much higher than the amount of your early retirement benefit - often by 30% or more. If you are approved for SSD benefits, you will become "fully insured" for retirement benefits and be paid your entire benefit (the extra 30%) when you reach full retirement age. Over many years, the money can really add up if you pursue SSD benefits instead of early retirement.

Even if you are currently receiving early retirement benefits, you can still file for SSD benefits if you are under the age of 65. If your claim is approved, you will receive back pay for the amount of the difference between the two benefits.

REMEMBER: EVEN AFTER THE AGE OF 62, CONSIDER APPLYING FOR SSD BENEFITS IF YOU ARE NO LONGER ABLE TO WORK. A SUCCESSFUL CLAIM COULD MEAN EXTRA BENEFITS FOR YOU IN THE FUTURE.


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.

Check out SSAConnect - a good bulletin board for Social Security Disability Q&A

From time to time, I recommend another law firm's site or blog simply because it is very useful for people going through the disability benefit claim process. One site that I suggest you read is SSAConnect. It is a good site with a fantastic bulletin board. You may find some answers to your questions about Social Security Disability there or you may want to add a post and see what you answers you get.

As always, feel free to contact The Disability Law Firm if you have any questions about applying for any type of disability benefits.


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.

Disability Benefit Tip of the Week: How to Talk to Claims Administrators and Insurance Adjusters

In last week's Disability Benefit Tip of the Week, we suggested that every time you talk to someone about your disability claim, you should keep notes about who you speak with, including their name, phone number and extension, the date, and the time, as well as what you discussed. Here are some additional tips for speaking with claims administrators.

It is important to remember that when dealing with adjusters that they are paid by the insurance company (or an ERISA plan's third party administrator). They have a vested interest in denying your claim. The insurance companies are running a business, and they only make money when they collect more money in premiums than they pay out in benefits. That means they are looking for reasons to deny your claim.

When you speak with someone from the insurance company, they are taking notes on what you say and how you sound. These notes are kept in their computer with other information on our claim and can be used as evidence against you from your initial application all the way to a lawsuit. Even if you are "on claim" (being paid benefits on a monthly basis), the claim administrator will examine your statements. If you say something that indicates that you might have the capacity to work or something they might think is inconsistent with what you have said in the past, they will use that as a reason to deny your claim or cut off your benefits or to step up their investigation of your claim.

Simple statements about what you do during the day are recorded in the insurance company's logs. For example, if you mention that you enjoy sewing, your insurance company may allege that you are capable of sedentary (sitting) work. Another example would be that you mention you are looking into taking online classes. Even if you have not started the actual classes, the insurance company may try to use this to deny the claim, saying that you are capable of work activity.

Therefore, when speaking with your claim adjuster or adjudicator, do not speak with them as if they are a friend, no matter how nice or sympathetic they may be. You should be polite and respectful, but you should also be aware of what information you are providing. Be careful, because everything you say is on the record, even if you think it does not pertain to your claim.

REMEMBER: THE CLAIM ADMINISTRATORS AND INSURANCE ADJUSTERS ARE NOT YOUR FRIEND. AN INSURANCE COMPANY IS ALWAYS LOOKING FOR REASONS TO DENY YOUR CLAIM.

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.

TODAY WE HONOR OUR VETERANS

In recognition of Veteran's Day, we want to honor our nation's veterans.

For those that have sacrificed in service to the United States, we thank you. We particularly want to recognize those whose service led to a disability. We have the honor of representing many of you, and we know the price you have paid.

And for those who lost a loved one in service to our country, our prayers are with you as we remember our fallen heroes.

We are humbled to recognize these men and women. Our thanks will never be enough for your service.

Disability Benefit Tip of the Week: Documenting Your Correspondence

In order to ensure that your insurance company and Social Security received any letters, forms, or records that you sent, it is a good idea to use the following guidelines:

• Send everything via certified mail, return receipt requested
• If you do fax something, save the confirmation page
• Keep copies of everything you send to the insurance company or Social Security, including reports and forms you fill out
• Keep notes about who you speak with, including their name, phone number and extension, the date, and the time, as well as what you discussed
• Use some kind of organizational system, such as folders or a three-ring binder, to store and sort any correspondence. Keeping paperwork in order according to date is also a good idea. If you need to hire an attorney in the future, it will help him or her quickly understand the progress of your claim.

Keeping copies of any forms that you fill out will help you stay consistent when the insurance company or Social Security asks you to fill out similar forms in the future.

REMEMBER: You cannot be too thorough in documenting and tracking your claim. It is better to have too much information than not enough.

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.