Possible Government Shutdown Should Not Impact Social Security Disability Hearings

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.

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.

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.

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.