New Treatment Options for Multiple Sclerosis

For those suffering from Multiple Sclerosis, more and more options for treatment keep getting introduced to the medical profession. The National M.S. Society magazine, Momentum, included a feature story in its Spring 2011 issue titled "A New Era: New Drugs, New Options, New Risk" that I would encourage anyone suffering from MS or who has a family member of friend with MS to read.

As an attorney representing people trying to get disability benefits, I see some of the devastating effects of MS. Multiple Sclerosis hits people in many different ways, but a horrible part of the disease is the fact that disability insurance companies and Social Security Disability often do not believe a person's symptoms are that bad. This is particularly true where someone with MS does not "look disabled," but the impact of the disease creeps up on them every day as they get more fatigued, develop blurry vision, have increasing difficulty holding things, or simply cannot concentrate on simple tasks.

If you would like more information about disability claims or are looking for a disability attorney in Florida, contact me at (866) 282-5260 or send me an email. We offer free consultations. Getting a little information before you apply for benefits puts your mind at ease, and it may also help you get your claim paid without having to hire a disability lawyer like me.


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.

Social Security Disability or SSI Hearing? Read SSA's Own Stats to Find Out How Often Your Judge Pays Claims

Social Security Disability and SSI cases are handled by Administrative Law Judges - called "ALJs." Some ALJs pay award benefits more often than others. So, how do you know?

If your disability or SSI claim was scheduled for hearing, you can find the name of your Judge by looking at the Notice of Hearing letter. Click here to see the Social Security Administration's own statistics about how many claims your ALJ has paid or denied.

Keep in mind that Social Security's statistics also show that you are more likely to win a Social Security Disability / SSI attorney when you are represented by a knowledgeable attorney at your hearing.

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 Florida Disability Lawyer John Tucker at (866) 282-5260.

Proposed Social Security Rule Changes How the Government Collects and Evaluates Evidence in Disability Cases

A key portion of a proposed new regulation from Social Security states that the Social Security Administration wants to change how it collects evidence in Disability cases. A key part of the proposed regulation reads as follows:

"We propose to modify the requirement to recontact your medical source(s) first when we need to resolve an inconsistency or insufficiency in the evidence he or she provided. Depending on the nature of the inconsistency or insufficiency, there may be other, more appropriate sources from whom we could obtain the information we need. By giving adjudicators more flexibility in determining how best to obtain this information, we will be able to make a determination or decision on disability claims more quickly and efficiently in certain situations. Eventually, our need to recontact your medical source(s) in many situations will be significantly reduced as a result of our efforts to improve the evidence collection process through the increased utilization of Health Information Technology (HIT)."

The full proposed rule can be found at: http://edocket.access.gpo.gov/2011/pdf/2011-8388.pdf.

The Disability Law Firm is going to review the full proposal and offer comment later. We have to be careful to keep the Social Security Administration from restricting or harming the rights of those seeking Disability and SSI benefits.

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.

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.