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.

What is a 'Free Disability Insurance Review' by an attorney? Do you need one?

Yes, we offer free consultations to review your disability insurance policy or policies? Many of our clients have no idea what kind of disability insurance coverage they have when they come to us for help making a claim or appealing a claim denial. Some have Individual Disability Insurance (what some call 'DI'). Others have policies they bought through work (usually known as 'ERISA' coverage, named after the federal law that covers employee benefits). Still others have many policies, and they do not know how they work or when each policy will pay benefits.

Tucker & Ludin, P.A. provides free insurance reviews for anyone who wants to have their disability insurance coverage analyzed. We can help you understand how you are covered. Your insurance agent should have explained this, but in our experience, agents often do not even understand the policies they sold you.

Under what conditions does your disability policy pay? When does it not pay benefits? What are the exclusions? Are your benefits reduced by "other income?" What is "other income?" Do you have to apply for Social Security Disability? What is the "elimination period?" We can help you understand the answers to these and other questions....all at no cost to you.

If you want a free opinion about the terms of your insurance policy (not the amount, but the actual language), from someone who is not an insurance agent, feel free to call us. As attorneys that represent people in disability insurance claims and lawsuits, we will provide you with an unbiased opinion about what coverage you purchased. We are disability attorneys. Tucker & Ludin is one of the few law firms in the country that represents people like you in ALL types of disability insurance claims and cases, as well as Social Security Disability and Veterans Disability benefits claims.

The time to understand your disability insurance and know what you bought is BEFORE you become disabled. Call us at toll free at (866) 282-5260 or email John Tucker at tucker@tuckerludin.com to schedule your free insurance review. Although we are based in Florida, we handle cases all over the United States, and would be happy to assist you.


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.
Copyright (c) 2010 by John V. Tucker and Tucker & Ludin, P.A. All r

How to you know if you bought 'good' disability insurance? Get a Free Insurance Review from Tucker & Ludin, P.A.

Why would you want a free consultation to review your insurance policy? Many of our clients have no idea what kind of disability insurance coverage they have when they come to us for help making a claim or appealing a claim denial. Some have Individual Disability Insurance (what some call 'DI'). Others have policies they bought through work (usually known as 'ERISA' coverage, named after the federal law that covers employee benefits). Still others have many policies, and they do not know how they work or when each policy will pay benefits.

Tucker & Ludin, P.A. provides free insurance reviews for anyone who wants to have their disability insurance coverage analyzed. We can help you understand how you are covered. Your insurance agent should have explained this, but in our experience, agents often do not even understand the policies they sold you.

Under what conditions does your disability policy pay? When does it not pay benefits? What are the exclusions? Are your benefits reduced by "other income?" What is "other income?" Do you have to apply for Social Security Disability? What is the "elimination period?" We can help you understand the answers to these and other questions....all at no cost to you.

If you want a free opinion about the terms of your insurance policy (not the amount, but the actual language), from someone who is not an insurance agent, feel free to call us. As attorneys that represent people in disability insurance claims and lawsuits, we will provide you with an unbiased opinion about what coverage you purchased. We are disability attorneys. Tucker & Ludin is one of the few law firms in the country that represents people like you in ALL types of disability insurance claims and cases, as well as Social Security Disability and Veterans Disability benefits claims.

The time to understand your disability insurance and know what you bought is BEFORE you become disabled. Call us at toll free at (866) 282-5260 or email John Tucker at tucker@tuckerludin.com to schedule your free insurance review. Although we are based in Florida, we handle cases all over the United States, and would be happy to assist you.


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.

Early-Onset Alzheimer's Disease Added to Social Security Disability's List of Compassionate Allowances Initiative

In a move that will help those with early-onset Alzheimer's, the Social Security Administration has added the condition to its list of covered illnesses that may qualify for its Compassionate Allowances. In addition to early-onset Alzheimer’s disease, mixed-dementia and Primary Progressive Aphasia were also added to the 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.

ERISA & Insurance Attorney John Tucker Elected Treasurer of AAJ ERISA, Health and Disability Insurance Litigation Group

Tampa Bay: Attorney John Tucker was elected Treasurer of the ERISA, Health and Disability Insurance Litigation Group of the American Association for Justice (AAJ) at its Annual Convention in Vancouver, British Columbia on July 10, 2010.

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.

What is Post-Traumatic Stress Disorder ('PTSD')?

What is Post-Traumatic Stress Disorder (PTSD)? Post Traumatic Stress Disorder (PTSD) is a condition resulting from exposure to direct or indirect threat of death, serious injury or a physical threat. The events that can cause PTSD are called "stressors” and may include natural disasters, accidents or deliberate man-made events/disasters, including war. Symptoms of PTSD can include recurrent thoughts of a traumatic event, reduced involvement in work or outside interests, emotional numbing, hyper-alertness, anxiety and irritability. The disorder can be more severe and longer lasting when the stress is human initiated action (example: war, rape, terrorism).

In my experience representing disabled veterans, PTSD can run the gamut from limited symptoms to overwhelming impairment. Combat-related conditions can obviously cause the disorder, but other stressors such as sexual assault are common. Any stressor that is service-connected can be the basis for a Veterans disability claim. I will address the stressors in my next installment.

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.

On July 12, 2010, the VA Changed Its Regulations for PTSD Disability Claims - Link to VA's New PTSD Regulations Fact Sheet

On July 12, 2010, the U.S. Department of Veterans Affairs announced significant changes to its regulations that govern veterans disability claims based on Post-Traumatic Stress Disorder (known as 'PTSD'). I will be blogging more about the new regulations iover the next several days, but VA has published a Fact Sheet with Questions and Answers about the new regulation, and I wanted to get the link to our readers.

More than 400,000 veterans currently are receiving compensation benefits for PTSD. In fiscal year 2009, the same number - 400,000 - were treated for PTSD at VA health facilities. Of those, nearly 70,000, or 19%, were veterans of operations Iraqi Freedom and Enduring Freedom. However, the new regulation impacts veterans from any service period.

Click on this link to view the VA Fact Sheet on the New PTSD Regulations.

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 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.

Disability Attorney John Tucker to Speak At American Association for Justice National Convention

Disability lawyer John Tucker of Tucker & Ludin will be a featured lecturer at the National Convention of the American Association for Justice in July 2010. Mr. Tucker will present a lecture on the interrelation between Social Security Disability benefits and Long Term Disability benefits at the Convention, which will be held in Vancouver, British Columbia, Canada.

Mr. Tucker is a frequent author and lecturer at the national and local level in the areas of disability benefits, disability law, and proving disability claims.

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.

If I get disability benefits, can I take money out of my 401k without paying the 10% penalty?

If you get Social Security Disability or Long Term Disability (or some kinds of VA disability benefits), you may be able to avoid paying the 10% early withdrawal penalty if you take funds out of your 401k plan.

A lot of people who get disability benefits have to tap into their 401k plans to pay bills and take care of other expenses. When you do that, you usually will get a Form 1099-R for the distribution, and box 7 will usually be checked indicating it is a loan. You will have to pay the loan back at a reasonable interest rate, or you face paying a 10% early withdrawal penalty.

However, if you are disabled, you can avoid the 10% penalty. You prove disability by showing that you cannot perform substantial gainful activity because of your physical and mental conditions. This is very similar language to Social Security's disability standard. It is also the same language the government uses for a person to prove 100% disability based upon individual unemployability (often called a claim for 'TDIU') under the VA disability system. It probably is not the same language you will find in your Long Term Disability ('LTD') insurance policy or ERISA (group employer or union) plan. However, if LTD plan pays benefits based upon your inability to engage in any occupation and you have proven that, it is very similar.

Visit the IRS web site to learn more about early 401k withdrawals. Talk with your CPA about filing Form 5329 and entered code 03 on the form.

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 Was on Faculty at National Association of Disability Representatives Convention

On April 27, 2010, Disability Attorney John Tucker served on the faculty at the 10th Annual Disability Benefits Law Convention of the National Association of Disability Representatives ('NADR') in Chicago. NADR is a professional organization made up of attorneys and non-attorneys that represent individuals in Social Security Disability and SSI claims.

Mr. Tucker is a frequent lecturer and author on disability topics, including Individual Disability insurance, ERISA (group) Disability benefits, Credit Disability Insurance, Social Security Disability, and Veterans Disability benefits.

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.

Do I Have to Go to the Doctor Appointment Social Security Schedules For Me? YES!

A new client of mine just had his Social Security Disability claim denied...I believe the reason is that he refused to attend the medical examination that the Social Security Administration scheduled for him. In my experience, when a claimant does not attend a medical examination that the government schedules, the denial is basically automatic.

The reason why the government case worker schedules these Consultative Examinations (called a "CE") is because they were not able to get enough medical evidence to decide your case. It could be that they did not get all of your medical records. It could also be that you are not seeing a doctor in the specialty that best evaluates your medical condition. By not going to the CE, you are keeping the case worker from getting the information they feel they need to decide your claim completely. Of course, the government does not always use doctors that are fair or objective. That is a fact of life. However, as a general rule, not going to a CE will almost always get your claim denied for lack of evidence.

Are there legal reasons that you might want to skip the CE appointment. Yes, but from a practical standpoint, there is no reason to skip the CE in most cases. Why risk having the case denied just because you fail to attend an examination that Social Security schedules for you?

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 Benefits Lawyer John Tucker at (866) 282-5260.

Gunman Opens Fire After Losing Social Security Disabilty Case

The following was taken from a Fox News report yesterday:

A gunman upset over losing his Social Security benefits case, opened fire in the lobby of a federal building in downtown Las Vegas on Monday, killing a court officer and wounding a deputy U.S. marshal before he was shot to death.

Two officials, speaking on condition of anonymity, because they were not authorized to discuss the case, identified the shooter as Johnny Lee Wicks to the Associated Press.

While an investigation is under way, the officials say the early evidence points to the man's anger over his benefits as motive for the shooting.

Court records shoe Wicks sued the Social security Administration in 2008, but the case was thrown out and formally closed in September 2009.

Dave Oney, spokesman for the U.S. Marshals Service, told Fox News that the deputy marshal and a court security officer were shot at approximately 8 a.m. in the lobby of the Lloyd D. George Federal Courthouse.

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 Benefit Tip: Meeting a Social Security Listing of Impairment

Social Security Disability claims are decided by a five step sequential evaluation. At Step 3, adjudicators evaluate claims to determine if they meet the criteria of the Social Security Listing of Impairments. If you are found to be disabled at Step 3 of the process, your claim will be approved without proceeding to Steps 4 or 5.

The Listings are divided into 14 different body systems. They describe various major illnesses and conditions and generally have very strict requirements to meet.

Although Social Security staff and adjudicators are trained to look for cases that meet a Listing, cases can still slip through the cracks. If you believe your condition meets a Listing, you can provide Social Security with documentation from your doctors to prove your claim. Give your doctor a copy of the Listing so he or she will can provide the specific information that matches the requirements of the Listing for the claim to be approved. The doctor will also usually be asked to provide objective evidence and testing, not just an opinion that you are not able to work. If your doctor is unfamiliar with the process or would like assistance completing the paperwork, you can always contact a disability lawyer.

REMEMBER: The Listing of Impairments uses very strict criteria to determine disability. Even if you do not meet a Listing, you can still qualify for benefits by proving that you do not have the functional capacity needed to work.

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.

Some Startling Disability Insurance Facts

The website, protectyourincome.com, states the following facts about disability insurance and disability benefits:

1. Someone who is 35 years old has a 50 percent chance of disability for 90 days or more before they turn 65.
2. Most people in the U.S. are better prepared financially in case of death (usually with life insurance) than if they get disabled, even though the chances are at least three to five times greater (depending on age) that a disability will occur.
3. Upwards of 375,000 Americans become totally disabled every year.
4. Approximately one out of seven people who are between the ages 35–65 can expect to become disabled for five years or longer.
5. Almost 30 percent of the people who are between the ages 35 and 65 will experience a disability that lasts at least 90 days during their working careers.
6. About 110 million Americans do not have long term disability insurance.
7. About 8 million adults have some disability that limits or prevents them from working.
8. 46 percent of all foreclosures on conventional mortgages are brought about by a disability. Approximately 2 percent are caused by the death of the homeowner.
9. Benefits from an employer plan are taxable. Individual policies, purchased as an individual pay benefits free of income tax.
10. Most people, no matter their income, spend 65 percent to 75 percent of their cash flow. In thinking about this, this means a person should aim toward securing as much disability income insurance they can toward the goal of replacing such income.
11. If you put away 10 percent of your income each year, then simple arithmetic says that one year of being totally disabled could wipe out the 10 years of principal that you put into your savings.
12. How good is social security disability income? Anyone at any income level can apply for Social Security Disability Insurance but one requirement is that you have to have worked at least 10 years before becoming disabled.
13. The Social Security disability Insurance program pays $722 per month on average. The requirements to receive disability benefits are so strict that only about 35 percent of the individuals that apply for benefits actually qualify and wind up receiving benefits.
14. The most common chronic conditions listed for limitation on working are back disorders (21 percent), followed by heart disease and arthritis.

Source: www.soundfinancialplan.com, from the MDRT

Having disability insurance is a key component to anyone's financial plan. The key is to buy good coverage. If you have a claim, hiring a disability benefit attorney will help you document your claim well and avoid a coverage denial.


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.

Multiple Sclerosis Patients With Relapsing-Remitting MS May Get Relief From New Drug

The National MS Society is reporting a study on its research page that may of interest to those with Relapsing-Remitting Multiple Sclerosis. The study, titled Oral FTY720 (Fingolimod) Reduced Relapse Rate More Effectively Than Avonex in Initial Results of One-Year Study on relpasing-remitting Multiple Sclerosis, addresses the impact of an experimental drug called FTY720 on relapsing-remitting Multiple Sclerosis. The drug is a Novartis product which is also referred to by its tradename, Fingolimod. It is still in clinical trials. Novartis hopes to begin the FDA approval process for Fingolimod in 2009 according to the article.

With any luck, this new medication may reduce the impact of MS on people with relapsing-remitting MS, as well as reduce the incidence of disability due to MS.


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. Disability benefit attorney John Tucker is a member of the Board of Trustees of the Mid-Florida Chapter of the National Mutliple Sclerosis Society, and has represented many individuals with MS in disability insurance and disability benefit claims.

Florida Social Security Hearing Offices Continue to Face Huge Scheduling Delays For Disability Hearings

Social Security Administration Statistics released on October 30, 2008 reflect that Social Security's Florida hearing offices continue to have large delays before Social Security Disability hearings are scheduled with Administrative Law Judges.

Out of 148 Offices of Disability Adjudication and Review ("ODARs") in the U.S. and its territories, the Tampa hearing office ranked in the bottom fifth at 120th with a 593 day waiting time for the average disability hearing to be scheduled after a hearing request is filed. The Miami ODAR fared similarly, ranked 118th with a 592 day wait.

The Jacksonville hearing office was ranked 87th with a 477 day wait. The Orlando ODAR ranked 38th with a 393 day wait.

At the other end of the scale, the Ft. Lauderdale ODAR was one of the nation's best, ranked 5th out of 148, but still had a 264 day wait for hearings. Comparatively, the best ODAR in the nation, Mayaguez had a 146 day wait.

The sad part is that these waiting times reflect the wait that disability claimants have after they request a hearing. It does not include the time that the system eats up during their Initial applications for disability benefits and their first appeal, called Reconsideration. These 2 early stages can often take 6 to 10 months. When added to the hearing delay, many of our clients are waiting more than 3 years from the day that they apply for Social Security Disability benefits to get a decision from a Judge.



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.

John Tucker Receives "AV Rating" from Martindale-Hubbell...Highest Rating a Lawyer Can Receive

John Tucker, Managing Shareholder of Tucker & Ludin, P.A. - The Disability Law Firm - has received an "AV" Rating from Martindale-Hubbell. This rating is based upon confidential peer review surveys completed by members of the legal community that know about the skills and honesty of a particular lawyer.

The AV Rating is the highest a lawyer can receive. Martindale-Hubbell states that the AV Rating "identifies a lawyer with very high to preeminent legal ability," and reflects a lawyer's "expertise, experience, integrity and overall professional excellence."


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: How to Apply for Social Security Disability

There are three ways you can apply for Social Security Disability benefits:

• Online: At the Social Security Administration's website (http://ssa.gov/applyfordisability/). By submitting an online application, you can complete both Social Security's Application and Social Security's Adult Disability and Work History Report online.
• By Phone: Call Social Security at their toll-free phone number 1-800-772-1213, and they will schedule an appointment to call you back.
• In-Person: You can also go into your local Social Security office and tell them you want to apply for Social Security Disability or SSI benefits. To find the closest Social Security office to your home, use Social Security's zip code office locater on their website.

Before starting the application, you will want to have the following information handy:

• The name, address, phone number, and dates of treatment for any doctors or hospitals that have treated your for your condition
• The name, prescribing doctor, and side effects of any prescription medication
• Your work history for the past 15 years, including the dates of employment and the type of work that you did.

If you do not provide Social Security with this information, your case may be decided with less than a full set of facts. This may result in an unfavorable determination simply because Social Security could not get the information they needed to make a decision.

REMEMBER: BEFORE APPLYING, MAKE SURE TO HAVE A COMPLETE LIST OF YOUR MEDICAL TREATMENT, MEDICATION, AND WORK HISTORY AVAILABLE


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.