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

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

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

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

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

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.