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.

How long does it take to get Social Security Disability benefits after a hearing?

After waiting many, many months for a hearing, most claimants are disappointed to hear that it can take several months after the hearing to received their benefits.

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.

Are my Social Security Disability benefits taxable?

According to the Social Security website, your benefits are taxable if:

• You file a federal tax return as an individual and your total income is more than $25,000
• You file a joint federal tax return and you and your spose have a total income that is more than $32,000

If you need further information, you should seek and rely on tax advice from a professional accountant or tax preparer concerning any tax matters.

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.

When Can I Apply for Social Security Disability Benefits?

Many people believe that you cannot apply for Social Security disability benefits until you are out of work for a year. Not true! Even if you have just stopped working, if you have a condition that is expected to last for at least a year or cause your death, you should apply right away.

Social Security uses a 5 step sequential evaluation process to determine if you are disabled. As a starting point in their first 2 steps, you must have a "severe" mental or physical impairment that has lasted or is expected to last for a continuous period of 12 months or results in death and impacts your ability to do work related activities. This means that disability benefits a condition like a broken bone will usually not be approved unless there are major complications, because you would be expected to heal in less than a year. However, if you have a condition that is not expected to approve that impacts your ability to work, you can be approved for benefits even if you have just stopped working.

Remember that the date you apply can affect the amount of benefits you receive. The disability process can be a long one, so you should apply as soon as possible.

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.

Disability Attorney John Tucker Elected Secretary of AAJ Social Security Disability Section

Disability Benefits Attorney John Tucker with Tucker & Ludin, P.A. based in Clearwater, Florida was elected as Secretary of the Social Security Disability Section of the American Association of Justice (AAJ). AAJ is a national organization dedicated to protecting America's civil justice system.

Mr. Tucker was also a featured lecturer at AAJ National Convention in San Francisco, California on July 25, 2009.


Copyright (c) 2009 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.

Information About Social Security Disability

Although a knowledgeable attorney can provide you with answers to questions about your particular case, the Social Security Administration has a very informative website that can provide many general answers to questions about Social Security Disability. Here is a link to a page that has all of their brochures: http://www.ssa.gov/pubs/10029.html.

Being armed with as much information as possible when you are fighting with the government is a good idea. I recommend reading up on Social Security Disability if you have to apply. It is a very difficult time in your life, and you should not expect that Social Security will easily pay benefits just because you have paid into the system.


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.

Nearly Half of All Bankruptcies Are Due to a Disabling Medical Condition

Did you know that a 2005 study by Harvard University showed that nearly half of all bankruptcies are due to a disabling medical condition?

The statistics are very scary. It has been estimated that every 2 seconds, someone in the United States experiences a disabling injury. What may surprise you is that nearly two-thirds of those disabling injuries happened OFF the job according to Injury Facts, 2004 Ed., published by the National Safety Council.

Having disability insurance is crucial. This is particularly true when a bad economy hits and it is hard to find a new job after an injury. Protect yourself by getting disability insurance before you become disabled.

If you have been injured or gotten sick and you are unable to work, consider hiring an attorney to help you get your disability benefits before you are denied. We have had considerable success in getting benefits paid for our clients before they were ever denied, and it has saved many people thousands of dollars in legal fees because we were able to head off the denial that was expected from the insurance company.

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.

Social Security Announces "Compassionate Allowances Program"

The Social Security Administration Press Release Reads:

Process Will Fast Track Applications For People with Cancers and Rare Diseases

Michael J. Astrue, Commissioner of Social Security, today announced the national rollout of the agency’s Compassionate Allowances initiative, a way to expedite the processing of disability claims for applicants whose medical conditions are so severe that their conditions obviously meet Social Security’s standards.

“Getting benefits quickly to people with the most severe medical conditions is both the right and the compassionate thing to do,” Commissioner Astrue said. “This initiative will allow us to make decisions on these cases in a matter of days, rather than months or years.”

Social Security is launching this expedited decision process with a total of 50 conditions. Over time, more diseases and conditions will be added. A list of the first 50 impairments -- 25 rare diseases and 25 cancers -- can be found at www.socialsecurity.gov/compassionateallowances.

Before announcing this initiative, Social Security held public hearings to receive information from experts on rare diseases and cancers. The agency also enlisted the assistance of the National Institutes of Health.

Compassionate Allowances is the second piece of the agency’s two-track, fast-track system for certain disability claims. When combined with the agency’s Quick Disability Determination process, and once fully implemented, this two-track system could result in six to nine percent of disability claims, the cases for as much as a quarter million people, being decided in an average of six to eight days.

"This is an outstanding achievement for the Social Security Administration," said Peter Saltonstall, President of the National Organization for Rare Disorders. "It has taken Social Security less than a year to develop this much-needed program that will benefit those whose claims merit expedited consideration based on the nature of their disease. Disability backlogs cause a hardship for patients and their families. Commissioner Astrue and his staff deserve our thanks for a job well done.”

“Unfortunately, many hardworking people with cancer may not only face intensive treatment to save their lives, but they may also find themselves truly unable to perform their daily work-related activities and as result, may face serious financial concerns, such as the loss of income and the cost of treatment,” said Daniel E. Smith, president of the American Cancer Society Cancer Action Network. “The Social Security Administration’s Compassionate Allowances program will help streamline the disability benefits application process so that benefits are quickly provided to those who need them most.”

“This is America, and it simply is not acceptable for people to wait years for a final decision on a disability claim,” Commissioner Astrue said. “I am committed to a process that is as fair and speedy as possible. The launch of Compassionate Allowances is another step to ensuring Americans with disabilities, especially those with certain cancers and rare diseases, get the benefits they need quickly.”

Radio Story on the Wait for Social Security Disability Benefits

Click here to hear or read a story from American Public Media's Marketplace program, aired on 9/4/08, about the wait for Social Security Disability benefits.


Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. Any content borrowed or referenced from another source is referenced by citation to the original source as noted in the text above.

DISABILITY BENEFIT TIP OF THE WEEK: Offsets for Social Security

Like Long Term Disability, Social Security benefits can also be reduced ("offset") based on income and eligibility for other government benefits, which include:

• Worker's Compensation
• Government Pension Offset
• Windfall Elimination Provision

Worker's Compensation

• If you receive worker's compensation payments, your payments will offset your Social Security Disability and SSI benefits.
• Your worker's compensation settlement can be structured as a lifetime payout, thereby reducing or eliminating the offset. You should advise both your Social Security and worker's compensation lawyers that you would like your settlement to be structured this way.

The Government Pension Offset (GPO)

• Some individuals work for employers, such as the goverment, that do not withhold Social Security taxes and instead provide a pension for their work.
• "Individuals who qualify for noth a government pension based on non-Social Security-covered employment and a Social Security spousal benefit are subject to the Government Pension Offset (GPO) provision. The GPO provision reduces Social Security benefits that a person receives as a spouse if he or she also has a federal, state or local government pension based on work that was not covered by Social Security. The GPO reduction in Social Security spousal benefits is equal to two-thirds of the government pension." (CRS Report for Congress, 7/6/04).

The Windfall Elimination Provision

• If you work in a job where you did not pay Social Security taxes and you also work in another job long enough to qualify for a retirement or disability benefit, you will be subject to the Windfall Elimination provision.
• If you receive a pension from work where Social Security taxes were not taken out of your pay, a formula is used to calculate a lower Social Security benefit.
• For more information, see the Social Security Windfall Elimination Provision Electronic Fact Sheet.

REMEMBER: There are exceptions to these rules. If you have questions, call your local Social Security Administration office.

Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. Any content borrowed or referenced from another source is referenced by citation to the original source as noted in the text above.

What is ERISA?

ERISA stands for the Employee Retirement Income Security Act, a federal law passed by Congress in 1974. President Nixon signed ERISA into law after 10 years of study designed to reform the nation's pension system.

Congress ultimately included employer-provided insurance benefits as part of the law. That is why most Short Term Disability, Long Term Disability, and other insurance benefits that are offered by private employers are covered by ERISA. Keep in mind that ERISA applies only to employee benefits provided by private employers. If you work for a government entity or a church, ERISA will not apply to your claim. However, any private employer (even a small company with only one employee other than the owner) that provides employee benefits will be subject to ERISA.

With certain exceptions, ERISA creates one uniform system to administer these group benefit programs sponsored by employers. However, this “uniform system” is far from uniform. The law actually allows employers to establish nearly any type of benefit plan they wish, as long as they provide certain documents to employees and allow for an appeal when benefits are denied.

There are many differences between group benefit cases covered by ERISA and individual insurance claims regulated by state laws. If you or your lawyer do not know those differences and how to handle them, it can hurt your case. ERISA is much less consumer-friendly than state insurance laws, and the insurance companies that administer ERISA plans hide behind its protections to deny many group disability benefit claims that would not be denied if they were individual insurance claims.

Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. Any content borrowed or referenced from another source is referenced by citation to the original source as noted in the text above.

DISABILITY BENEFIT TIP OF THE WEEK: Filling out Forms

During the initial application process and throughout the life of your claim, your insurance company, the Social Security Administration, and even the Veteran's Administration may require you to fill out various forms. One of the most common forms they will request from you is an Activities of Daily Living form. This type of form has various names, including things like "Claimant Statement," but the common elements are questions about what you can and can't do (i.e., your limitations). Whatever it is called, these kinds of forms are VERY important. Here are some tips for filling them out:

- Be thorough in your responses. Do not give one word answers. For example, if the forms asks, "Do you need help preparing meals?" Do not write simply write "yes." Tell them why you need help. For example: "It hurts to stand long enough to make a meal, so my wife usually prepares them for me."

- Be specific. Do not say, "I cannot sit for a long time." Instead, say something like, "When I sit for more than 20 minutes, my lower back starts to really hurt and I have to stand up and move around." Quantify your answers. "A long time" means different things to different people.

- Give examples of ways your disability has limited your activities. For example, "I only take a shower if I know somebody else is home, because I am afraid I will lose consciousness and fall and no one will be there to help me," or "I went to the grocery store last week but could not finish my shopping because my legs started to hurt too much to continue."

- Avoid absolute statements unless they are always true. Do not say something like, "I cannot sit for more than 20 minutes." Instead say, "It usually hurts when I sit for more than 20 minutes." Insurance companies often get surveillance footage of people making claims. If an investigator gets footage of you driving for 30 minutes without interruption and they have your written statement saying that you cannot sit for more than 20 minutes, they will deny your claim because they think you are lying. Another example might be if you say that you cannot bend at the waist, they might catch you leaning over to check your mailbox.

- List all of your limitations. Most forms do not include a section to list your limitations that are not physical. If you experience fatigue, difficulty concentrating, memory problems and/or irritability, etc., be sure to list those limitations.

-Do not be afraid to attach additional paper if the space provided for your answers is not sufficient.

In general, remember that you are trying to give the person that is deciding your claim a complete picture of your condition. Do not limit your answers simply because there is not much space provided for them. Always be truthful and thorough and it will help build your case from the very beginning.

Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. Any content borrowed or referenced from another source is referenced by citation to the original source as noted in the text above.

Financial Help While You Wait for Disability Benefits

We often find that our clients are in need of financial assistance while waiting for their disability benefits to be approved. The following is a list of links that may be helpful.

General Resources
http://www.211.org/
http://www.ssa.gov/ – Go to “Find Local Office,” enter in the zip code, then go to “Local Agencies”
Department Children and Families – Medicaid, Discount Drug Card, other services

Prescription Help
RX Outreach

Brevard County
Health Department
Social Services

Citrus County
Health Department
Social Services

Hernando County
Health Department and Social Services

Hillsborough County
Health Department
Social Services

Manatee County
Health Department
Social Services

Orange County
Health Department
Social Services

Pasco County
Health Department
Social Services

Pinellas County
Health Department
Social Services

Polk County
Health Department
Social Services



Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. Any content borrowed or referenced from another source is referenced by citation to the original source as noted in the text above.

Disability Benefit Tip of the Week: Medical Records

Before you apply for either Social Security Disability or Long Term Disability through your insurance company, it is a good idea to speak to your doctor about your symptoms. One of the main reasons a person gets denied his disability benefit, is due to lack of documentation in his medical records. When you apply for disability benefits, the Social Security Administration and your insurance company will request copies of your medical records from your doctors. They will make a determination about your eligibility based on the evidence in your medical records. Ask your doctor if all of your symptoms have been recorded in your records. Make a list of your symptoms before you go to your doctors' appointments so that you will not forget any while you are there. Be sure to bring up even minor complaints so that nothing gets left out.

REMEMBER: BEFORE APPLYING FOR DISABILITY BENEFITS, MAKE SURE YOUR DOCTORS ARE WRITING ALL OF YOUR SYMPTOMS IN YOUR MEDICAL RECORDS.