Jerry Geisel of businessinsurance.com is reporting that a component of the new economic stimulus packages signed into law by President Obama will allow involuntarily terminated employees to pay only 35% of the COBRA premium and the federal government will pick up the remaining 65%. The subsidies are available up to nine months, until a terminated employee is eligible for coverage from a new employer or from Medicare.
This is good news for disabled individuals who are not sure how they are going to pay for medical care. It is a shame that the law apparently limits this aid to those who have been fired or otherwise "involuntarily terminated" though. Admittedly, I have not read the new law, and there may be a provision for disabled workers, so I am not offering any opinions on that at this point.
For the full article, see http://www.businessinsurance.com/cgi-bin/news.pl?id=15772
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.
Saturday, March 21, 2009
Tuesday, March 17, 2009
DISABILITY BENEFIT TIP: Restrictions and Limitations
When you file for disability benefits through an insurance company or the Social Security Administration, it can be helpful to have your doctor complete a questionnaire that specifies what your restrictions and limitations are. You can create a questionnaire yourself that hits the key points that need to be addressed by your doctor. While every disease/condition is different and has its own expected difficulties, your doctors can address a few of the same things in every case. Specifically, you can ask your doctor to respond in writing to the following questions:
1. How often have you seen the patient? What was the first date seen?
2. What are the patient's diagnoses?
3. What is the patient's prognosis?
4. What are the clinical findings, laboratory and test results that show your patient's medical impairments?
5. Is your patient a malingerer?
6. What are your patient's symptoms?
7. If your patient has pain, characterize the nature, location, radiation, frequency, precipitating factors, and severity of your patient's pain.
8. Do emotional factors contribute to the severity of your patient's symptoms and functional limitations?
9. Are your patient’s impairments (physical impairments plus any emotional impairments) reasonably consistent with the symptoms and functional limitations described in this evaluation?
10. How often during a typical workday is your patient’s experience of pain or other symptoms severe enough to interfere with attention and concentration needed to perform even simple work tasks?
__ Never __ Rarely __ Occasionally __ Frequently __Constantly
For this and other questions on this form, “rarely” means 1% to 5% of an 8-hour working day; "occasionally" means 6% to 33% of an 8-hour working day; "frequently" means 34% to 66% of an 8-hour working day.
11. Identify the side effects of any medication that may have implications for working, e.g., dizziness, drowsiness, stomach upset, etc.
12. Have your patient's impairments lasted or can they be expected to last at least twelve months?
13. As a result of your patient's impairments, estimate your patient's functional limitations if your patient were placed in a competitive work situation:
a. How many city blocks can your patient walk without rest or severe pain?
b. How many hours and/or minutes can your patient sit at one time, e.g., before needing to get up, etc.?
c. How many hours and/or minutes can your patient stand at one time, e.g., before needing to get up, etc.?
d. Please indicate how long your patient can sit and stand/walk total in an 8- hour working day (with normal breaks):
Sit Stand/walk
__ __ less than 2 hours
__ __ about 2 hours
__ __ about 4 hours
__ __ at least 6 hours
e. Does your patient need to include periods of walking around during an 8-hour working day?
1. If yes, approximately how often must your patient walk?
2. How long must your patient walk each time?
f. Does your patient need a job that permits shifting positions at will from sitting, standing or walking?
g. Will your patient sometimes need to take unscheduled breaks during an 8-hour working day?
If yes, 1) how often do you think this will happen?
2) how long (on average) will your patient have to rest before returning to work?
h. With prolonged sitting, should your patient's leg(s) be elevated?
If yes, 1) how high should the leg(s) be elevated?
2) if your patient had a sedentary job, what percentage of time during an 8-hour
working day should the leg(s) be elevated?
i. While engaging in occasional standing/walking, must your patient use a cane or other assistive device?
j. How many pounds can your patient lift and carry in a competitive work situation?
Never Rarely Occasionally Frequently
Less than 10 lbs. __ __ __ __
10 lbs. __ __ __ __
20 lbs. __ __ __ __
50 lbs. __ __ __ __
k. How often can your patient perform the following activities?
Never Rarely Occasionally Frequently
Twist __ __ __ __
Stoop (bend) __ __ __ __
Crouch/ squat __ __ __ __
Climb ladders __ __ __ __
Climb stairs __ __ __ __
l. Does your patient have significant limitations with reaching, handling or fingering?
If yes, please indicate the percentage of time during an 8-hour working day that your patient can use hands/fingers/arms.
m. Are your patient’s impairments likely to produce “good days” and “bad days”?
If yes, please estimate, on the average, how many days per month your patient is likely to be absent from work as a result of the impairments or treatment:
__ Never __ About three days per month
__ About one day per month __ About four days per month
__ About two days per month __ More than four days per month
If there are certain symptoms that can be expected with your specific disease, you can add questions about that. For example, if you have Lupus and one of your symptoms is a butterfly rash on your face, you can add that to the questionnaire. If you are working with an attorney, your attorney can develope a questionnaire tailored to your disability.
REMEMBER: Simply stating that you have a disease does not necessarily indicate that you are disabled. A questionnaire like this will help your insurance company and/or the Social Security Administration determine your individual restrictions and limitations.
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.
1. How often have you seen the patient? What was the first date seen?
2. What are the patient's diagnoses?
3. What is the patient's prognosis?
4. What are the clinical findings, laboratory and test results that show your patient's medical impairments?
5. Is your patient a malingerer?
6. What are your patient's symptoms?
7. If your patient has pain, characterize the nature, location, radiation, frequency, precipitating factors, and severity of your patient's pain.
8. Do emotional factors contribute to the severity of your patient's symptoms and functional limitations?
9. Are your patient’s impairments (physical impairments plus any emotional impairments) reasonably consistent with the symptoms and functional limitations described in this evaluation?
10. How often during a typical workday is your patient’s experience of pain or other symptoms severe enough to interfere with attention and concentration needed to perform even simple work tasks?
__ Never __ Rarely __ Occasionally __ Frequently __Constantly
For this and other questions on this form, “rarely” means 1% to 5% of an 8-hour working day; "occasionally" means 6% to 33% of an 8-hour working day; "frequently" means 34% to 66% of an 8-hour working day.
11. Identify the side effects of any medication that may have implications for working, e.g., dizziness, drowsiness, stomach upset, etc.
12. Have your patient's impairments lasted or can they be expected to last at least twelve months?
13. As a result of your patient's impairments, estimate your patient's functional limitations if your patient were placed in a competitive work situation:
a. How many city blocks can your patient walk without rest or severe pain?
b. How many hours and/or minutes can your patient sit at one time, e.g., before needing to get up, etc.?
c. How many hours and/or minutes can your patient stand at one time, e.g., before needing to get up, etc.?
d. Please indicate how long your patient can sit and stand/walk total in an 8- hour working day (with normal breaks):
Sit Stand/walk
__ __ less than 2 hours
__ __ about 2 hours
__ __ about 4 hours
__ __ at least 6 hours
e. Does your patient need to include periods of walking around during an 8-hour working day?
1. If yes, approximately how often must your patient walk?
2. How long must your patient walk each time?
f. Does your patient need a job that permits shifting positions at will from sitting, standing or walking?
g. Will your patient sometimes need to take unscheduled breaks during an 8-hour working day?
If yes, 1) how often do you think this will happen?
2) how long (on average) will your patient have to rest before returning to work?
h. With prolonged sitting, should your patient's leg(s) be elevated?
If yes, 1) how high should the leg(s) be elevated?
2) if your patient had a sedentary job, what percentage of time during an 8-hour
working day should the leg(s) be elevated?
i. While engaging in occasional standing/walking, must your patient use a cane or other assistive device?
j. How many pounds can your patient lift and carry in a competitive work situation?
Never Rarely Occasionally Frequently
Less than 10 lbs. __ __ __ __
10 lbs. __ __ __ __
20 lbs. __ __ __ __
50 lbs. __ __ __ __
k. How often can your patient perform the following activities?
Never Rarely Occasionally Frequently
Twist __ __ __ __
Stoop (bend) __ __ __ __
Crouch/ squat __ __ __ __
Climb ladders __ __ __ __
Climb stairs __ __ __ __
l. Does your patient have significant limitations with reaching, handling or fingering?
If yes, please indicate the percentage of time during an 8-hour working day that your patient can use hands/fingers/arms.
m. Are your patient’s impairments likely to produce “good days” and “bad days”?
If yes, please estimate, on the average, how many days per month your patient is likely to be absent from work as a result of the impairments or treatment:
__ Never __ About three days per month
__ About one day per month __ About four days per month
__ About two days per month __ More than four days per month
If there are certain symptoms that can be expected with your specific disease, you can add questions about that. For example, if you have Lupus and one of your symptoms is a butterfly rash on your face, you can add that to the questionnaire. If you are working with an attorney, your attorney can develope a questionnaire tailored to your disability.
REMEMBER: Simply stating that you have a disease does not necessarily indicate that you are disabled. A questionnaire like this will help your insurance company and/or the Social Security Administration determine your individual restrictions and limitations.
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.
Monday, March 9, 2009
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.
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.
Wednesday, March 4, 2009
DISABILITY BENEFIT TIP: What is the “Date Last Insured”?
Social Security Disability Insurance (“SSDI”) benefits are like an insurance program. While you are working, the FICA taxes you pay go toward your “premium.” After you stop working, your coverage lapses about five years later. The day this coverage lapses is called your date last insured (“DLI”). In order to be approved for SSDI benefits, you must be able to prove that you were disabled while still insured.
For example, if Client A was in a car accident in March 2000 and became unable to work, his DLI would be about five years later, or around March 2005. Even if he applies for benefits after that date, he could still be found eligible for SSDI benefits because he was “insured” at the time he became disabled. Even if Client A is found to be currently disabled, his claim will not be approved unless he can prove he was disabled before March 31, 2005. Note however, that waiting to apply for disability benefits can make the claim very difficult, as doctors’ offices tend to purge old records and Social Security relies on those records to make their decision.
As another example, Client B stopped working in March 2000 (but was still physically and mentally capable of working). His DLI was about five years later, or around March 2005. In August 2006, he was in a car accident and became disabled. He will not qualify for SSDI benefits because he was not “insured” at the time he became disabled.
Supplemental Security Income (SSI) has different requirements for eligibility. Even if you do not qualify for SSDI benefits, you may still be able to receive SSI benefits.
Remember: Your date last insured does not affect when you must apply for benefits, but you must show that your disability began during the time you were insured.
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.
For example, if Client A was in a car accident in March 2000 and became unable to work, his DLI would be about five years later, or around March 2005. Even if he applies for benefits after that date, he could still be found eligible for SSDI benefits because he was “insured” at the time he became disabled. Even if Client A is found to be currently disabled, his claim will not be approved unless he can prove he was disabled before March 31, 2005. Note however, that waiting to apply for disability benefits can make the claim very difficult, as doctors’ offices tend to purge old records and Social Security relies on those records to make their decision.
As another example, Client B stopped working in March 2000 (but was still physically and mentally capable of working). His DLI was about five years later, or around March 2005. In August 2006, he was in a car accident and became disabled. He will not qualify for SSDI benefits because he was not “insured” at the time he became disabled.
Supplemental Security Income (SSI) has different requirements for eligibility. Even if you do not qualify for SSDI benefits, you may still be able to receive SSI benefits.
Remember: Your date last insured does not affect when you must apply for benefits, but you must show that your disability began during the time you were insured.
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.
Tuesday, February 17, 2009
Are Social Security Disability Benefits Taxable?
The National Organization of Social Security Claimants Representatives (NOSSCR) has a page devoted to answering this question. Click: http://198.173.77.57/tax.html.
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.
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.
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