John Tucker is an AV-Peer Review Rated disability benefits attorney in Florida who helps injured and sick people throughout the United States get Long Term Disability insurance, ERISA Disability, Social Security Disability, SSI Disability, and Veterans (VA) Service-Connected Compensation Disability benefits. This blog offers tips and comments about disability claims.
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Sunday, August 21, 2011
A look at Social Security's Disability Program
Thursday, August 11, 2011
Social Security Issues New Pamphlet Explaining Social Security Disability
It explains things like:
- Quarters of Coverage to be insured for disability;
- How to apply for Social Security Disability (you can also see my website for a quick link to their application page);
- What information you need to apply for disability;
- How Social Security decides if you are disabled under their system;
- Family benefits;
- When you get Medicare if you are found disabled; and
- How working impacts a disability claim;
Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. If you live in Florida and have questions about Social Security Disability, need help filing for Social Security Disability, or appealing a denied Social Security Disability claim, call Disability Benefits Attorney John Tucker at (866) 282-5260.
Friday, July 15, 2011
Congressional Hearings Into Social Security Judges That Pay "Too Many" Claims
Commissioner Astrue testified that Judges that approve over than 80% of claims cost taxpayers over $1 billion per year.
In May, I commented on the Wall Street Journal's previous story, and questioned why Social Security failed to investigate those ALJs that deny nearly all of the claims that come before them. Not that the Commissioner heard me, but he did testify about the ALJs at the more "conservative" end of the spectrum...those that deny more than their fair share.
"Mr. Astrue, a Republican, said the agency was also looking into judges who deny a disproportionate number of claims compared with their peers. He said judges who deny benefits in 80% or more of their cases end up saving taxpayers $200 million each year, though he wasn't suggesting this was a practice he condoned."
According to the Journal, "The number of people receiving disability benefits has soared in recent years, with one of the two Social Security programs paying out $124 billion in benefits to 10.2 million people in 2010. Government estimates predict the Social Security Disability Insurance program will run out of money in 2018 if actions aren't taken to shore up its trust fund."
Credit: Wall Street Journal (link above).
Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Clearwater, St. Petersburg, or Tampa Social Security Disability claim, call Florida Social Security Disability Lawyer John Tucker at (866) 282-5260.
Tuesday, May 31, 2011
Social Security Suspends Judge for Paying Too Many Claims...What About the Judges That Deny Too Many Claims??
The story went on to story went on to state, "There are 1,500 administrative law judges who rule on disability cases in which applicants have been denied at least twice by Social Security. Judges award benefits roughly 60% of the time, according to government statistics, but some have much higher approval rates. In the first half of 2011, 27 judges awarded benefits 95% of the time, not including those with a handful of cases. In addition to his 100% approval rate, Mr.
Daugherty was notable for his volume; only three judges have cleared as many cases this fiscal year as he did."My Comment: The Social Security Administration is well within its rights to investigate an ALJ that seems to be paying too many claims. However, it would be nice to see Social Security investigate ALJs at the other end of the spectrum - those that deny nearly all of the claims that come before them. Social Security's own statistics show that some ALJs in Florida are paying as little as 7% or 11% of the claimants that come into their courtrooms. Just like it is unlikely that all of the people that ALJ Daugherty considered were disabled, it is just as unlikely that 90% of the claimants that come before one ALJ are not disabled. If most ALJs pay around 60% of the claims they consider, perhaps Social Security's investigators need to spend some time on ALJs that deny claims from truly disabled people too.
Source: Wall Street Journal Online. Click here for the story.
Commentary - Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Florida Social Security Disability claim, call Disability Lawyer John Tucker at (866) 282-5260.
Tuesday, May 17, 2011
How Do You Apply for Social Security Disability?
9 tips for applying for Social Security Disability benefits
Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your claim for disability benefits, call Florida Social Security Disability attorney John Tucker at (866) 282-5260.
Wednesday, May 11, 2011
Social Security Disability - How Many Credits Do You Need to Be Covered for Disability?
Social Security Disability is a disability insurance program run by the Social Security Administration. If you become disabled before retirement age, you may qualify for a monthly benefit if you have reported earnings to the IRS and paid taxes. Each quarter of each year you work earns you a credit if you make enough money (read this to see how much money is needed to earn a quarter credit). Depending on your age, you have to have earned a certain number of credits to be insured. The rules for how much work you need to qualify for disability benefits are as follows:
Before age 24--You may qualify if you have 6 credits earned in the 3-year period ending when your disability starts.
Age 24 to 31--You may qualify if you have credit for working half the time between age 21 and the time you become disabled. For example, if you become disabled at age 27, you would need credit for 3 years of work (12 credits) out of the past 6 years (between ages 21 and 27).
Age 31 or older--In general, you need to have the number of work credits shown in the chart below. Unless you are blind, you must have earned at least 20 of the credits in the 10 years immediately before you became disabled.
AGE YOU BECOME DISABLED ---------- NUMBER OF CREDITS YOU NEED
31 through 42 | 20 |
| 44 | 22 |
| 46 | 24 |
| 48 | 26 |
| 50 | 28 |
| 52 | 30 |
| 54 | 32 |
| 56 | 34 |
| 58 | 36 |
| 60 | 38 |
| 62 or older | 40 |
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, Florida Social Security Disability claim, Florida SSI Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.
9 Tips for Applying for Social Security Disability Benenfits
Thursday, May 5, 2011
Social Security No Longer Mailing Paper Earnings Statements
Social Security's Retirement Estimator tells a person approximately how much they can expect to receive when they reach retirement age.
So what do you do to find out how much your Disability Payments would be if you became disabled?
You have to use one of three Benefit Calculators on Social Security's website. These work fairly well. Typically, our firm finds some of the estimates to be off, but not by too much.
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, Florida Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.
Saturday, April 23, 2011
Social Security Disability or SSI Hearing? Read SSA's Own Stats to Find Out How Often Your Judge Pays Claims
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.
Thursday, December 23, 2010
Let's Talk Turkey About Privatizing Social Security...from the Washington Post
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.
Wednesday, December 22, 2010
Orlando Social Security Hearing Office Update
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.
Saturday, November 20, 2010
No COLA for Social Security Benefits in 2011
This is the second year in a row that there will be no Cost of Living Adjustment to Social Security Disability, Old Age, or SSI benefits.
Read Social Security's Press Release here.
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.
Monday, August 30, 2010
Social Security Proposes New Regulations for How It Will Evaluate Mental Disabilities
Social Security is seeking comments on the proposed regulations. The deadline for comments isNovember 17, 2010. You can find out how to submit comments by clicking on the link above to read the Federal Register preface to the proposed regs.
I have not had the chance to read these in depth yet. Obviously, the proposed version may not be what Social Security issues as final regulations in November (or later), so stay tuned for more news as it develops.
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.
Monday, August 23, 2010
Did you know you can apply for Social Security Disability or SSI benefits online?
You will need the following information for each of the forms to complete your application for Social Security Disability or SSI:
DISABILITY APPLICATION
-
Military Service discharge information (Form DD 214) for all periods of active duty.
-
W-2 Form (or your IRS 1040 and Schedules C and SE if self-employed) from last year.
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Social Security Number(s) for your spouse and minor children.
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Checking or savings account number and bank routing number, if you want Direct Deposit for your benefit checks.
DISABILITY REPORT
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Name, address and phone number of someone we can contact who knows about your medical conditions and can help with your claim.
-
Names, addresses, phone numbers, patient ID numbers, and dates of treatment for all doctors, hospitals, and clinics.
NOTE: You may want to refer to any Medical Records you have. -
Names of medicines you are taking and who prescribed them.
NOTE: You may want to have your medicine bottles available. -
Names and dates of medical tests you have had and who sent you for them.
-
Types of jobs and dates you worked for your last 5 jobs.
-
Information about any insurance or workers' compensation claims you filed, such as claim number and name, address and phone number of insurance company.
Although you do not need a disability benefit attorney to file your application, having a consultation before you apply can be very helpful. Speak to a Social Security disability attorney that will give you a free consultation to get some tips on how to help your claim for Social Security Disability and SSI.
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.
Sunday, August 1, 2010
Early-Onset Alzheimer's Disease Added to Social Security Disability's List of Compassionate Allowances Initiative
Compassionate allowances are a sort of fast track system developed by Social Security to target disabling conditions that likely will be approved for Social Security Disability or Supplemental Security Income (SSI) benefits. According to the Social Security website, "Compassionate allowances are a way of quickly identifying diseases and other medical conditions that invariably qualify under the Listing of Impairments based on minimal objective medical information. Compassionate allowances allow Social Security to quickly target the most obviously disabled individuals for allowances based on objective medical information that we can obtain quickly."
Harry Johns, the President of the Alzheimer's Association applauded the move in a statement shortly after the Social Security Administration's announcement. “As the leading research, advocacy, and support organization for Alzheimer’s disease, the Alzheimer’s Association has actively sought the inclusion of early-onset Alzheimer’s in the Social Security Administration’s Compassionate Allowances Initiative,” says Mr. Johns. “Now, individuals who are dealing with the enormous challenges of Alzheimer’s won’t also have to endure the financial and emotional toll of a long disability decision process.”
In my law practice representing disabled individuals, I have witnesses the tremendous difficulty that people with Alzheimer's Disease and other dementia conditions cause. Hopefully, fast tracking these claims will help relieve the stress of applying for Social Security Disability for claimants and their families.
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.
Friday, July 23, 2010
ERISA & Insurance Attorney John Tucker Elected Treasurer of AAJ ERISA, Health and Disability Insurance Litigation Group
Mr. Tucker's main office is located in Clearwater, Florida, and he has a national practice in ERISA and Disability Insurance claims and litigation. He is a frequent lecturer and author on ERISA (the federal law that governs employer-sponsored group benefits), Disability Insurance, and disability benefits.
Tucker Ludin - Legal Solutions is a leading disability benefit law firm, providing comprehensive representation to those making claims or litigating in the areas of ERISA, Short Term Disability and Long Term Disability benefits, Individual Disability Insurance, Social Security Disability and Veterans (V.A.) Disability Compensation.
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.
Monday, July 12, 2010
Disability Attorney John Tucker Lectures at AAJ National Convention in Vancouver

Florida attorney John Tucker delivered a lecture titled Social Security Benefits as an Offset to Long Term Disability Benefits at the American Association for Justice ('AAJ') Annual Convention in Vancouver, British Columbia on Sunday, July 11, 2010. Mr. Tucker's lecture focused on the impact of Social Security Benefits on the benefits disabled people receive under private Disability Insurance policies and ERISA Disability benefit plans. 'ERISA' stands for the Employee Retirement Income Security Act of 1974, the federal law that governs employer group insurance and pension plans.
Many attorneys and disability claimants do not realize that Social Security Disability benefits are often deducted from payments made under Disability Insurance and ERISA benefit plans. Interpretation of insurance policy and plan language play a big role on how and when these offsets are taken.
Mr. Tucker concentrates his practice on representing individuals in Individual Disability Insurance, ERISA Disability, Social Security Disability and Veterans Disability Compensation claims and lawsuits. Mr. Tucker is a frequent author and lecturer on topics related to disability insurance and other disability benefits. His recent speaking engagements include lectures and panel presentations delivered to the American Bar Association, the National Association of Disability Representatives, AAJ, and the Florida Justice Association.
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.
Monday, July 5, 2010
Over 3 Million People Expected to Apply for Social Security Disability in 2010
In addition to describing the application process, the article also discusses the lengthy waiting times people have to get benefits. On average around the country, a person will wait 777 days from the day they apply to when they are finally approved. Since that is an average, it means many applicants wait much longer.
Comment: A combination of factors is impacting this rise. Baby boomers are reaching middle age. The bulk of people applying for disability benefits are in their 50's. The poor economy is also at work, forcing those who were barely able to hold a job or who were getting accommodations from employers out of the workforce. Without any place to get a job, many are applying for disability benefits through Social Security and private or group disability insurance policies.
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.
Wednesday, June 30, 2010
My doctor says I am limited to "Light Duty." Why was my disability claim denied?
However, when your doctor says you can do "light duty," the Social Security Administration and many insurance companies will assume that means you can perform "light work," which is not always the same thing.
In classifying the type of work that you can do, Social Security and most insurance companies rely on the definitions found in the Dictionary of Occupational Titles, a publication of the U.S. Department of Labor. Light work is defined as:
Light Work - exerting up to 20 pounds of force occasionally, and/or up to 10 pounds of force frequently, and/or a negligible amount of force constantly (Constantly: activity or condition exists 2/3 or more of the time) to move objects. Physical demand requirements are in excess of those for Sedentary Work. Even though the weight lifted may be only a negligible amount, a job should be rated Light Work: (1) when it requires walking or standing to a significant degree; or (2) when it requires sitting most of the time but entails pushing and/or pulling of arm or leg controls; and (3) when the job requires working at a production rate pace entailing the constant pushing and/or pulling of materials even though the weight of those materials is negligible.
For the most part, if you are able to do light work, you are also considered to have the ability to perform sedentary work as well. "Sedentary" is the term for jobs that are typically done in seated in a chair. These classifications encompass a wide range of jobs in the national economy at all education and skill levels.
In a Social Security claim, if you can perform the full range of light work, your claim will be denied unless you are:
- Older than 50 and are illiterate and unable to communicate in English with an unskilled work history
- Older than 55 with no transferable skills
Your doctor will put you in a much better position to be approved for disability benefits if he or she lists your specific restrictions or why you would only be able to perform light duty, including workplace accommodations needed, restrictions on the number of hours you can work, and physical and mental limitations.
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.
Friday, June 18, 2010
How long does it take to get Social Security Disability benefits after a hearing?
In Florida, most judges take between 1-3 months to issue their written decision. If it is a favorable decision, the case is then sent to the payment processing center, where it can take another 1-3 months for benefits to be issued. Sometimes, Social Security will begin issuing monthly benefits but is not able to release the back payments for several more months while they investigate if the claimant received any Supplemental Security Income benefits. If you have a claim for Supplemental Security Income benefits, you will have to call or go to your local Social Security office for an appointment before your benefits can be released.
While there are no rules requiring that Social Security release your benefit within a certain amount of time, if you have not received your benefits 60 days after your hearing, you should call your local Social Security office or your disability lawyer for assistance.
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.
Monday, June 14, 2010
Reimbursing the County for Financial Assistance
However, be aware that if you receive assistance from the county to pay for rent, food, or medical assistance, you may be required to pay back some or all of the money if your benefits are approved. That means that you will not get the large lump sum payment that you might be expecting. Before agreeing to any assistance, make sure to ask if you will be required to reimburse the county or organization and carefully read all of the paperwork before you sign it, or you may end up with a not so pleasant surprise.
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.